40E-63.143. Limiting Conditions for Individual Permits in the EAA Basin

(1) The Board shall impose on any Individual Permit granted under Part I of this chapter such reasonable conditions as are necessary to assure that the permitted discharge will be consistent with the overall objectives of the District and will not be harmful to the water resources of the District.

(2) In addition to special conditions, all the following standard limiting conditions (a)-(l) shall be attached to all Individual permits:

(a) The permittee shall successfully implement all elements and requirements of the approved BMP Plan according to schedule, including monitoring of implementation, operation and rationale.

(b) The permittee shall implement all elements and requirements of the approved monitoring program adequately and according to the approved schedule to ensure that flow, total phosphorus concentration, and phosphorus load are documented.

(c) The permittee shall submit to the District the reports of monitoring results as required by the approved monitoring plan. Quantitative data must be submitted in electronic format. The first report is due 180 days after issuance of the permit. The first annual report is due one year and 180 days after issuance of the permit.

(d) The permittee shall submit to the District reports summarizing implementation of the approved BMP Plan. The report must contain a summary of all required activities including Best Management Practice installation, Best Management Practice operation activities (pertinent to water management and nutrient management), water quality assurance audits, and monitoring. The first report is due November 1, 1993; subsequent reports are due July 1, 1994, January 1, 1995, and February 1 annually thereafter.

(e) The permittee shall allow District staff or designated agents reasonable access to the permitted property at any time for the purpose of evaluating the water quality monitoring system on site, collecting water quality samples, or monitoring Best Management Practice implementation. District staff shall attempt to notify by telephone a person designated by the permittee prior to a site visit. Since it is not possible to predict precisely when discharges will occur or problems will arise resulting in the need for a site visit, the District may not be able to provide a lengthy period of notice to the designated person in advance of a visit. However, at a minimum, the District will provide notice at least one hour prior to a site visit for the purpose of water quality monitoring and at least 24 hours prior to a site visit for Best Management Practice installation or operation inspections.

(f) The permittee shall notify the District in writing within 30 days after any significant change in land practice, as described in subsection 40E-63.102(7), F.A.C., is made on the permitted parcel.

(g) This permit does not relieve the permittee of the responsibility to comply with all other laws or regulations applicable to the use of or discharges from the parcel.

(h) This permit does not convey to the permittee any property right nor any rights or privileges other than those specified in the permit.

(i) This permit does not relieve the permittee from liability from harm or injury to: human health or welfare; animal, plant or aquatic life; or property.

(j) The surface water management and monitoring systems must be effectively operated and maintained, and any changes in drainage, land use or operations that could affect validity or interpretation of monitoring data must be reported in writing to the District.

(k) The permitted discharge shall not otherwise be harmful, or adversely affect property use and operation of the works of the District.

(l) The permittee shall achieve the phosphorus load limitations specified in Appendices A3 (EAA Basin Compliance) and A4 (EAA Farm Scale Allocation), in accordance with the procedures described in Rule 40E-63.145, F.A.C. (Compliance and Enforcement of Individual Permits).

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592 FS. History–New 1-22-92, Amended 7-7-92, 7-3-01.