40C-44.301. Conditions for Issuance of Permits

(1)(a) To obtain an individual environmental resource permit for operation, maintenance, removal or abandonment of an agricultural system each applicant must give reasonable assurance that such activity will not:

1. Endanger life, health, or property;

2. Be inconsistent with the maintenance of minimum flows and levels established pursuant to chapter 40C-8, F.A.C.

3. Cause significant adverse effects to the availability of water for reasonable beneficial purposes;

4. Be incapable of being effectively operated;

5. Cause significant adverse effects to the operation of a Work of the District established pursuant to section 373.086, F.S.;

6. Cause significant adverse effects to existing agricultural, commercial, industrial, or residential developments;

7. Cause significant adverse impacts to the quality of receiving waters;

8. Cause significant adverse effects to natural resources, fish and wildlife;

9. Increase the potential for damages to off-site property or the public caused by:

a. Floodplain development, encroachment or other alteration;

b. Retardance, acceleration, displacement or diversion of surface water;

c. Reduction of natural water storage areas;

d. Facility failure;

10. Increase the potential for flood damages to residences, public buildings, or proposed and existing streets and roadways; and

11. Otherwise be inconsistent with the overall objectives of the District as set forth in Section 18.0 of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District” as incorporated by reference in subsection 40C-44.091(1), F.A.C.

(b) Because a system may result in both beneficial and harmful effects in terms of various individual objectives, in determining whether the applicant has provided evidence of reasonable assurance of compliance with paragraph (1)(a), above, the District shall consider a balancing of specific effects to show the system is not inconsistent with the overall objectives of the District.

(2)(a) To obtain an individual environmental resource permit for construction, alteration, operation, or maintenance of an agricultural system, each applicant must give reasonable assurance that such activity is not harmful to the water resources by meeting the following standards:

1. Significant adverse water quantity impacts will not be caused to receiving waters and adjacent lands;

2. Surface and ground water levels and surface water flow will not be significantly adversely affected;

3. Existing surface water storage and conveyance capabilities will not be significantly adversely affected;

4. The system must be capable of being effectively operated;

5. The activity must not result in significant adverse impacts to the operation of Works of the District established pursuant to section 373.086, F.S.; and

6. Hydrologically-related environmental functions will not be significantly adversely affected;

(b) If the applicant has provided reasonable assurance that the design criteria specified in the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District,” Part VII, Subpart B “Criteria for Evaluation” adopted by reference in subsection 40C-44.091(1), F.A.C., have been met, then it is presumed that the standards contained in paragraph (2)(a), above, have been satisfied.

(3) Existing systems which are required to obtain a permit pursuant to this chapter are presumed to satisfy the conditions for issuance in subsections (1) and (2) above provided the information requested on the appropriate application form, pursuant to rule 40C-44.101(2), F.A.C., is submitted and the applicant demonstrates compliance with the performance standards of rule 40C-44.065, F.A.C. If available information indicates that the operation and maintenance of the system is inconsistent with the conditions for issuance in subsections (1) and (2), above, the District shall require additional information which demonstrates that the existing system is in compliance with the performance standards of rule 40C-44.065, F.A.C.

Rulemaking Authority 373.016, 373.044, 373.113, 373.171, 373.406, 373.416, 373.418 FS. Law Implemented 373.016, 373.409, 373.4131, 373.416, 373.418 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95, 10-1-13, 6-1-18.