40E-63.446. C-139 Basin Compliance

(1) If the C-139 Basin is determined to not meet the performance measures developed in accordance with Appendix B2 “C-139 Basin Performance Measure Methodology”, dated November 2010, Appendix B2.1 “FORTRAN Program for Calculating C-139 Basin Flows and Phosphorus Loads” dated January 2002, and Appendix B2.2, “Flow Computation Methods Used to Calculate C-139 Basin Flows” dated November 2010, incorporated by reference herein, the basin as a whole will be deemed out of compliance with the water quality requirements of this part of Chapter 40E-63, F.A.C. Copies of Appendices B2, B2.1 and B2.2 are available on the District’s website (www.sfwmd.gov/rules) or from the South Florida Water Management District Clerk, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800) 432-2045 or [phone], upon request.

(2) If the C-139 Basin is out of compliance, water quality improvement activities will be required for permit basins except in the following situations:

(a) The permit basin is located in a sub-basin that is determined to not exceed its proportional share of the basin-wide loading based on District-collected data for the sub-basin or, if applicable, its Permit Basin Discharge Monitoring Program results are determined not to exceed the proportional share in accordance with Appendix B3.1 “Permittee Annual Phosphorus Load Determination Based on Sub-basin Monitoring and the Permit Basin Discharge Monitoring Program”, dated November 2010, and Appendix B3.2 “Criteria for Required Phosphorus Reductions”, dated November 2010, both of which are incorporated by reference herein. Copies of Appendices B3.1 and B3.2 are available on the District’s website (www.sfwmd.gov/rules) or from the South Florida Water Management District Clerk, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800) 432-2045 or [phone], upon request.

(b) District approved early BMPs, as described in paragraph 40E-63.438(1)(a), F.A.C., were fully implemented in the permit basin during a water year that was used to deem the C-139 Basin out of compliance (this provision applies only to the parcels where the early BMPs apply).

(c) A District approved demonstration project including a verification plan, as described in paragraph 40E-63.438(1)(b), F.A.C., was conducted within the permit basin during a water year that was used to deem the basin out of compliance (this provision applies only to the land uses or crops to which the project applies).

(d) The permit basin, or portion thereof, has been issued and meets the conditions of a determination of impracticability as described in subsection 40E-63.461(6), F.A.C. (this provision applies only to the lands where the determination applies), or

(e) The performance measure determination includes the permit basin UAL from either of the two water years immediately following a water year for which the permit basin was required to implement water quality improvement activities.

(3) Upon the effective date of the amendments to this part of Chapter 40E-63, F.A.C., the first water year of compliance determination for which water quality improvement activities can be required is WY2013.

(4) If the C-139 Basin is deemed out of compliance, the District will evaluate BMP program performance at the sub-basin level in accordance with Appendix B3.1 (incorporated by reference in paragraph 40E-63.446(2)(a), F.A.C.).

(5) The District will determine annual phosphorus discharge performance for permit basins that have an individual discharge monitoring plan in accordance with Appendix B3.1 (incorporated by reference in paragraph 40E-63.446(2)(a), F.A.C.).

(6) The District will provide written notice to the C-139 Basin permittees on the C-139 Basin compliance based upon performance measure results (Appendix B2, incorporated by reference in subsection 40E-63.446(1), F.A.C.), and the sub-basin and permit basin performance results (Appendix B3.1, incorporated by reference in paragraph 40E-63.446(2)(a), F.A.C.) and whether water quality improvement activities are required. The District shall attempt to transmit the written notices by August of each year. The notices shall describe permittees’ required actions for proposing water quality improvement activities based on these assessments including required total phosphorus reduction levels in accordance with Appendix B3.2 (incorporated by reference in paragraph 40E-63.446(2)(a), F.A.C.). These actions are described in subsection 40E-63.461(2), F.A.C.

(7) In accordance with Appendix B2 (incorporated by reference in subsection 40E-63.446(1), F.A.C.), the District shall continue collecting monitoring data from the C-139 Basin for the purpose of determining compliance.

Rulemaking Authority 373.044, 373.113, 373.4592 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592(4)(f) FS. History–New 11-9-10.