### Attachment I

Conformed STA NPDES and EFA Permits

### STATE OF FLORIDA
INDUSTRIAL WASTEWATER FACILITY PERMIT

PERMITTEE: PERMIT NUMBER: FL0304549
PA FILE NUMBER: FL0304549-001-IW7A South Florida Water Management District ISSUANCE DATE: August 30, 2005
3301 Gun Club Road EXPIRATION DATE: August 30, 2010 West Palm Beach, FL 33406

RESPONSIBLE AUTHORITY:

Ms. Carol Ann Wehle
Executive Director

FACILITY:

Stormwater Treatment Area 1E (STA-1E Project) Palm Beach County

Latitude: 26° 36’ 44” N Longitude: 80° 18’ 6” W

This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.) and applicable rules of the Florida Administrative Code (F.A.C.), and constitutes authorization to discharge to waters of the state under the National Pollutant Discharge Elimination System (NPDES). This permit is accompanied by Administrative Order AO

- 009

- AV. The above named permittee is hereby author ized to construct and operate the facilities required by this permit shown on the application and other doc uments attached hereto or on file with the Department and made a part hereof and specifically described as follows:

PROJECT DESCRIPTION:

The project is to construct, operate and maintain Stormwater Treatment Area 1E (STA-1E), the STA-1 Inflow and Distribution Works (STA-1 Inflow Basin), which includes the G-311, G-300, G-301, G-302, and S-5AS control

structures, Inflow Pumping Station S-319, In flow Pumping Station S-361, Gate d Spillway G-311, STA-1E Works, Outflow Pumping Station S-362, C-51 Basin Divide Structure S-155A, and C-51 Canal Improvements, collectively known as STA-1E. STA-1E is part of the Everglades Construction Project (ECP) construction, operation, and maintenance of which is required by the Evergl ades Forever Act (EFA) (Section 373.4592, F.S.).

STA-1E is located immediately east of the Arthur R. Marshall Loxahatchee National Wildlife Refuge (Refuge) and the STA-1 Inflow and Distribution Works (STA-1 Inflow Basin). STA-1E consists of three parallel treatment paths (flow ways) with eight treatment cells flowing from north to south. This created wetland marsh system will provide an effective treatment area of 5,132 acres. STA-1E is designed to treat approximately 165,000 acre feet of runoff annually. This stormwater non-process wastewater is currently being discharged untreated easterly to the Lake Worth Lagoon or westerly to the Refuge via the S-5AE structure. Operation of STA-1E involves maintaining water levels within the STA to optimize the efficiency of th e treatment area as defined by performance of removing the pollutants, particularly total phosphorus, for which the treatment wetla nd was designed, and providing regional flood control and water supply.

The treatment cells are designed to have an operational depth of between 6 inches and 4.5 feet to encourage colonization by and continued viability of wetland plants and maximize (to the greatest extent possible utilizingPERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

2 available technology) uptake of total phosphorus from the storm waste water passing through the cells. Long-term storage of the phosphorus is expected to be provided by peat accretion in STA-1E.

STA-1E is operationally related to the STA-1 Inflow a nd Distribution Works (STA-1 Inflow Basin). The STA-1 Inflow Basin is designed to allow the diversion bypass and redirection of inflows between STA-1E and STA-1W,
in order to utilize both of the STAs in the treatment of runoff from the C- 51 West and S-5A Basins, prior to discharge into the Refuge. Diversion Bypass occurs when water from the STA-1 In flow Basin is directed untreated into the Refuge through the G-300 or G-301 Structures. Redirection occurs when water is redirected from STA-1E to STA-1W for treatment. It is hydr ologically possible for the STA-1 Inflow Basin to also accept runoff from the L8 Basin, Okeechobee regulatory releases , and the East Beach Water Contro l District although STA-1E is not expected to regularly accept water from these sources. Di verted water from the distri bution cells can also be released back through the S-319 Pump Station by gravity to the C-51 West Canal. The current design and operation contemplates that redirection of flows from STA-1W to STA-1E will only occur whenever the discharge from Pumping Station S-5A exceeds the hydrau lic capacity of STA-1W or when othe r contributing fact ors warrant suchredirection in order to optimize system performance. Runoff from the C-51 West Basin could be directed to STA1W through the G-311 Structure; however, the present design of STA-1E is such that no redirection should be necessary as a result of hydraulic limitations in STA-1E . STA-1W and STA-1E are hydraulically connected and interrelated, but STA-1W is not included in this permit.

EFFLUENT DISPOSAL:

This permit authorizes the new discharge of treated stormwater non-process wastewater from a 6,505 acre constructed wetland marsh system (STA-1E Project) to the L-40 Canal, which is the perimeter canal along the East side of the Refuge. Stormwater Non-process wastewater from the Permittee’s C-51 canal system that would normally be routed untreated easterly to the Lake Worth Lagoon or westerly to the Refuge via the S-5AE structure will now be diverted into STA-1E. Water may also be directed into STA-1E from the S-5A basin via the STA-1 Inflow Basin and subsequently th rough the G-311 spillway. Stormwater Non-process wastewater runoff from these basins that is currently fl owing untreated will, upon completion of the STA, be diverted into the constructed wetland for treatment utilizing natural, passive, physical, and biological processes for nutrient removal and water qualityimprovement. Treated water from STA-1E will be discharged into the Discharge Outlet Canal, upstream of the S362 pump station, from the S-372 A-E, S-369 A-D, and S-365 A-B structures and subsequently will be pumped to the L-40 Borrow Canal, located along the east side of the Refuge, by means of the S-362 pump station. All of the surface waters and wetlands to be impacted by th e construction of the project are Class III Waters.

Surface Water Discharge:

A new discharge to L-40 (Class III Fresh waters), D-001. The S-362 outfall point of discharge is located approximately at latitude 26 ° 37' 32.611" N, longitude 80 ° 19' 04.292" W.

IN ACCORDANCE WITH: The limitations, monitoring requirements and other conditions as set forth in Part I through Part VIII on pages 3 through 18 of this permit.



### I. Effluent Limitations and Monitoring Requirements

A. Surface Water Discharges

1. During the period beginning upon placing the system into operation the permit effective date and lasting through the expiration date of this permit, the permittee is authorized to discharge stormwater non-process

wastewater from Outfall D-001. Such discharge shall be lim ited and monitored by the permittee as specified
below:PERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

3 Discharge Limitations Monitoring Requirements

Parameters (units) Daily Minimum Daily
Maximum Annual Average Other Monitoring Frequency Sample Type Sample Point

Not to exceed 10 as a geometric mean (GM) annual average in more
than two consecutive years * 18 as a
flowweighted

mean (FWM)
annual

average * Phosphorus, Total (as P) (ppb) -- --

See I.A.5 Weekly GM – based on grab samples
collected
when discharge

occurs

FWM - 7-day
flow proportioned composite EFF-1

Phosphorus, Total (as P) (ppb) -- -- Report ** Weekly 7-day flow proportioned composite SWU-001, SWU-002, and

SWU-003

Oxygen, Dissolved (DO) (MG/L) See I.A.6 Weekly Meter EFF-1

Oxygen, Dissolved (DO) (MG/L) Report Weekly Meter SWU-001, SWU-002, &
SWU-003

Flow (CFS) -- Report Report Continuous Recorder EFF-1 & SWU001

pH (SU) 6.0 8.5 -- Weekly Meter EFF-1

* All EFF TP m onitoring results for this parameter shall be reported as separate weekly values without r ounding to whole numbers. The results shall also be reported as FWM annual averages that are calculate d based on the FWM of the weekly values. The results shall als o be reported as GM annual averages that are calculated based on all sample point w eekly values collected when disc harge occurs in the previous 12 months. All FWM and GM annual averages shall be reported to the neares t whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall be reported as 10 ppb). No violations for the annual average limit will be deemed to have occurred un til data have been compil ed for the first 12 months after the issuance date of the permit. T he “ annual average” effluent limitation is a rolling average equal to the flow

- weighted arithmetic mean of the effluent samples collected dur ing consecutive reporting periods which compris e one year. For parameters that are measured at least once per month, the annual average shall be computed at the end of each month and is equal to the arithmetic mean of the monthl y average of that month and of each of the previous eleven months. No vio lations for the annual average limit will be deemed to have occurred until data have been compiled for the first 12 months after the issuance date of the permit. For the first 11 m onths after issuance of this pe rmit, the monitoring results for this parame ter shall be recorded on the DMR as MNR. Starting with the 12 th month and lasting until the expiration of this permit, the monitoring results for this parameter shall be recorded on the DMR as a 12

- month moving flow

- weighted average.

** All SWU TP monitoring results shall be reported as separate week ly values without rounding to whole numbers. All results shall also be reported as monthly averages and as FWM annual averages. The m onthly averages and FWM annual averages shall be calculated base d on the FWM of the weekly values and shall be reported to the near est whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 p pb shall be reported as 10 ppb).

2. Effluent samples shall be taken at the monitoring site locations listed in permit cond ition I.A.1 and as described
below:

Sample Point Description of Monitoring Location

EFF-1 Sampling location for Outfall D-001 at the S-362 structure

SWU-001 Upstream background sampling location at th e G-311 Pump Station when operating as inflowPERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

4 Sample Point Description of Monitoring Location

SWU-002 Upstream background sampling location at the S-319 Pump Station.

SWU-003 Upstream background sampling location at the S-361 Pump Station.

3. There shall be no discharge of floati ng solids or visible foam in other th an trace amounts. This provision shall not be interpreted to prevent discharg es of constituents normally found in or resulting from marsh wetland systems.

4. The discharge shall not cause a visibl e sheen on the receiving water. This provision shall not be interpreted to prevent discharges of constituents normally f ound in or resulting from marsh wetland systems.

5. The discharge shall not cause phosphorus concentrati ons in the receiving waters to be altered so as to cause or
contribute to an imbalance in natura l populations of aquatic flora or fauna . The discharge shall not cause phosphorus concentrations in the receiving waters to exceed the criteria in Rule 62-302.540(4)(a). A 10 part per billion (ppb) de fault numeric phosphorus criterion went into e ffect December 31, 2003 and was approved by the U.S. EPA on January 24, 2005. Pursuant to Section 373.4592(4)(e)2 of th e EFA, the Department adopted a 10 parts per billion (ppb) numeric criterion for phosphoru s in the Everglades Protection Area, which was approved by the U.S. EPA on January 24th, 2005. The criterion was revise d and adopted on June 3rd, 2005, and the revised rule was approved by the U.S. EPA on July 27, 2005. The permittee may not be able to i mmediately comply with this condition and therefore, this permit is issued pursuant to Subsection 403.088(2)(e) F.S. a nd is consistent with the

EFA

. Beginning at the end of April after the permit effec tive date and at the end of each April thereafter, the permittee shall report the FWM annual average using data it collected for the prior 12 months. Beginning at the end of April after the permit effective date and at the end of each April thereafter, the permittee shall report the GM annual average using data it collect ed for each of the prior 3 years.

6. In the year following any two consecutive years where the TP GM a nnual average exceeds 10 ppb, the permittee shall report quarterly the GM of all monthly TP values for that year. If that mean exceeds 10 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that mean is as high as it is and the speci fic steps it is taking to ensure that the TP GM for that year will not exceed 10 ppb.

For the TP FWM WQBEL, the permittee shall report quarterly the average of all monthly FWMs for that year. If that average exceeds 18 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that average is as high as it is and the specific steps it is taking to ensure that the TP FWM annua l average for that year will not exceed 18 ppb.

7. If the facility does not meet the FWM WQBEL in any year, the permittee shall repor t the annual load of TP discharged by the STA into the Evergl ades that is in excess of the WQBEL load (based on 18 ppb). If the facility does not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 10 ppb) for that year and the previous two years.

8. Compliance with the discharge limitati ons for dissolved oxygen is in accord ance with the requirements set forth in a Site Specific Alternative Criteria (SSAC) as adopted by Secretarial Order on January 26 th , 2004, and herein incorporated by reference as Exhibit B.

9. TP samples taken in accordance with Section I.A.1 a nd submitted monthly as part of the Discharge Monitoring Report (DMR) shall be analyzed to provide an assessment in the Annual Report required in Part I.E.9 as to whether the facility is operating within or outside the operational envelope. The assessment shall be based on annual inflowPERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

5 volumes and phosphorus loads and shall compare flows and loads to the corresponding average values contained in the operational envelope described in Exhibit A (Goforth et al, 2007). If the annual inflow volumes or phosphorus loads exceed the corresponding average va lues of the operational envelope dur ing an annual compliance period, the District shall conduct a review of potential causes and incl ude this review in the annual report. Departmental concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply releases that would
result in an exceedance of th e maximum levels of flow or phosphorus lo ad contained in the operational envelope.

B. Underground Inject ion Control Systems

1. This section is not applicable to this facility.

C. Land Application Systems

1. This section is not applicable to this facility.

D. Other Methods of Disposal or Recycling

1. There shall be no discharge of industrial wastewater from this facility to ground or surface waters, except as authorized by this permit.

E. Other Limitations and Moni toring and Reporting Requirements

1. The sample collection, analytical test methods and method detection limits (MDLs) applicable to this permit
shall be in accordance w ith Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. A list of Department analytical me thods, and corresponding MDLs and PQLs (practical quantification limits), which is titled “Florida Department of Environmental Protection Table as Required By Rule 62-4.246(4) Testing Methods for Discharges to Surface Water” dated June 21, 1996, is available from the Department on request. The MDLs a nd PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values and the Department shall not accept re sults for which the laboratory's MDLs or PQLs are greater than those described above unless alternate MDLs and/or PQLs have been specifically approved by the Department for this permit. Any method included in this list or as mandated in 40 CFR Part 136 may be used for reporting as long as it meets the following requirements:

a. The laboratory’s reported MDL and PQL values for the particular method must be equal or less than the corresponding method values specified in th e Department’s approved MDL and PQL list;

b. The laboratory reported PQL for the specific parameter is less than or equal to the permit limit or the applicable water quality criteria, if any, stated in Chapter 62-302, F.A.C. Parameters that are listed as “report only” in the permit shall use methods that provide a PQL, which is equal to or less than the applicable water quality criteri a stated in 62-302 FAC; and

c. If the PQLs for all methods in the list (E.1 above) are above the stated permit limit or applicable water quality criteria for that parameter, th en the method with the lowest stated PQL shall be used with a U or I qualifier code, as applicable.

Where the analytical results are not detected (below method detection) the laboratory shall report the laboratory MDL. Values between the laboratory MDL and PQL shall be reported per 62-160, F.A.C. reporting requirements. The permittee shall report the actual laboratory MDL and/or PQL values for the analyses that were performed follo wing the instructions on the applicable discharge monitoring report. Approval of alternate laboratory MDLs or PQLs are not necessary if the laboratory reported MDLs and PQLs are less than or equal to the permit limit or the applicable water quality criteria, if any, stated in Chapter 62-302, F.A.C. However, where necessary, the permittee may request approval for alternativePERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

6 methods or for alternative MDLs and PQLs for any approved analytical method, in accordance with the criteria of Rules 62-160.330, F.A.C.

2. Parameters which must be monitored as a result of a surface water discharge shall be analyzed using a sufficiently sensitive method in accord ance with 40 CFR Part 136. Field measurement methods for pH and dissolved oxygen shall be in accordance with relevant secti ons in DEP SOP 001/01, 2/1/2004.

3. Herbicide use is authorized for main tenance purposes if the use is in acco rdance with labeled instructions and any applicable State permit. Discharge of any product registered under the Federal Insecticide, Fungicide, and Rodenticide Act to any waste stream, which ultimately may be released to waters of the State, is prohibited unless specifically authorized by this permit and documented in the administrative record.

The permittee shall notify the Department in writing no later than three (3) months prior to instituting use of any chemical used in any portion of the treatment system which is not al ready authorized by this permit and may be toxic to aquatic life. The Department shall review the above information to determine if a permit revision is necessary. Such notification shall include:

a. Name of chemical
b. Frequencies of use

c. Quantities to be used

4. Monitoring requirements under this permit are effective on the first day of the second month following permit issuance. Until such time, the permittee shall continue to monitor and report in accordance with previously effective permit requirements, if any. During the peri od of operation authorized by this permit, the permittee shall complete and submit to the Department on a monthly basis Discharge Monitoring Reports (DMRs), form 62-620.910(10), as attached to this permit. The permittee shall make copies of the attached DMR form(s) and shall submit the completed DMR form(s) to the Department by the twenty-eighth (28 th ) of the third month following the month of sampling at the address specified below:

Florida Department of Environmental Protection Wastewater Compliance Evaluation Section, Mail Station 3551 Twin Towers Office Building
2600 Blair Stone Road Tallahassee, Florida 32399-2400

If no discharge occurs during the reporting period, samp ling requirements of this permit do not apply. The DMR form(s) shall be submitted as specified above with the statement “No Di scharge” written thereon.

5. Unless specified otherwise in this permit, all reports and notifications required by this permit, including twentyfour hour notifications, shall be submitted to or reported to the Southeast District Offi ce at the address specified
below: Florida Department of Environmental Protection
Southeast District Office 400 N. Congress Avenue West Palm Beach, FL 33416-5425

Phone Number – (561) 681-6600 FAX Number* – (561) 681-6755

ANDPERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

7 Florida Department of Environmental Protection Division of Water Resource Management Water Quality Standards & Special Projects Program
2600 Blair Stone Road Tallahassee, Florida 32399-2400

Phone Number – (850) 245-8424 Fax Number* – (850) 412-0653

*All FAX copies shall be followed by original copies.

6. All reports and other information sh all be signed in accordance with requirements of Rule 62-620.305, F.A.C.

7. The permittee shall provide safe access points for obtaining representative sa mples which are required by this permit.

8. Upon demonstration that a specific parameter(s) is consis tently shown to be undetected in the effluent, the permittee may request a modification to the monitoring program as appropriate. A minimum of one year of data, for those parameters being sampled quarterly or more frequently, will be required prior to the Department approving any modification to the monitoring program. The Department may approve a reduction of the monitoring frequency or waive the monitoring requirement for parameters which are consistently shown to be
undetected in the effluent.

9. The permittee shall submit an Annual Report demonstrati ng compliance with the conditions of this permit and according to the schedule in Section VI. The Annual Re port shall provide details regarding the status of implementation of the requirements of this permit. Specifically, the report will include details regarding:

a. Implementation of the WQBEL and activities required by this permit and affecting flows and loads to STA-1E;

b. Source control implementation and optimization;

c. STA design modifications affecting implementation of the WQBEL and activities required by this permit;

d. Improvements, enhancements, and strategies that have been initiated and/or completed within the previous year;

e. Any delays in the implementation of the requirements of this permit, the duration of the delays, the reason(s) for the delays, and the e xpected timeframe for their resolution;

f. Whether revisions and/or additions to th e requirements of this permit are recommended;

g. The implementation status of STA Recovery Plans;

h. For any noncompliance with permit conditions, an evaluation of the cause(s) and implementation of remedial measures;

i. Whether the facility was operated within or outside of the operational envelope; andPERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

8 j. For each downstream transect station, a compila tion of the water quality, se diment, and vegetation monitoring data collected, as appropriate, and an a ssessment of whether the cu mulative impact remained unchanged, improved, or worsened from the previous year/monitoring.

10. The District shall notify the Department within 24 hours of any unanticipated bypasses of flow through the G300 or G-301 Diversion Structures. The District shall notif y the Department as soon as practicable in advance of anticipated bypasses, with the exception of routine ma intenance. The submitted notification shall include a description of the circumstances related to the bypass and a projection of the anticipated duration of the bypass. All bypasses occurring through either the G-300 or the G-301 Structure shall be monitored for the parameters listed in the table below. As soon as practicable after cessation of all bypasses, the District shall submit a summary of the data collected from the table below, and identify the duration of the bypasses. Bypasses shall be limited to the shortest time possible and are not allowed solely to achieve the WQBEL. Bypasses are subject to and must meet the requirements of Items VIII.20, 21, and 22 of this permit.

Parameter Units Sample Type Frequency Total Phosphorus mg/l Grab Weekly

Flow CFS Calculated Daily Average

11



### . The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under the Endangered Species Act or Migrat ory Bird Treaty Act. The report should include the species involved, an estimate of the number of individuals involved, actions taken to avoid deleterious impacts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estimate of when facility operation will no longer be impacted or constrained.



### II. Industrial Sludge Management Requirements

1. This section not applicable to this facility.



### III. Ground Water Monitoring Requirements

1. This section is not applicable to this facility.



### IV. Other Land Application Requirements

1. This section is not applicable to this facility.



### V. Operation and Maintenance Requirements

A. Operation of Treatment and Disposal Facilities

1. The permittee shall ensure that the operation of this facility is as desc ribed in the appli cation and supporting
documents.

2. The operation of the pollution control facilities describe d in this permit shall be under the supervision of a person who is qualified by formal training and/or practi cal experience in the field of water pollution control.PERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

9 B. Record keeping Requirements:

1. The permittee shall maintain the following records at the SFWMD headquarters office at the address specified above and make them available for inspection:

a. Records of all compliance monitoring information shall be maintained for at least three years after the conclusion of this permit cycle. Th ese records shall include field and laboratory records as identified in 62-160.240 and 62-160.340, F.A.C., including all calibra tion and maintenance records for continuous monitoring instrumentation, and, if applicable, a copy or copies of the laboratory certification(s) showing the certification number(s) of the laboratory;

b. Copies of all reports, other than those required in items 1. and 6. of this section, required by the permit for at least three years from the date the report was prepared, unless otherwise specified by Department rule;

c. Records of all data, including reports and documents used to complete the application for the permit for at least three years from the date the application was f iled, unless otherwise specified by Department rule;

d. A copy of the current permit;

e. A copy of any required record drawings;

f. Copies of the logs and schedules showing project operations and maintenance for three years from the date on the logs or schedule.



### VI. Schedules

1. An Operations Plan shall be developed and submitted by the permittee to the Department no later than three months after issuance of the permit

. Upon completion of and compliance with the requirements specified herein, the permittee shall submit to the Department an updated Operations Plan for STA-1E. Until the updated Operations Plan is submitted by the permittee and approved by the Department, the previously existing Operations Plan shall remain in effect.

2. In accordance with sections 403.088(2)(e ) and (f), F.S., a compliance sched ule for this facility is contained in
Part II.3

- 5 of Administrative Order AO

- 009

- EV which is hereby incorporated by reference . The Annual Report shall be received by the Depart ment no later than March 1 of each y ear following the effective date of this permit. Each Annual Report shall present the information for the previous water year, from May 1 to April 30. Upon approval by the Department, the District may modify the Annual Report submission date to coincide with multiple reporting requirements and time periods needed for data acquisition and analysis.

3. The November 16, 2004 Long

- Term Plan contains detailed schedules of improvements and enhancements scheduled to take place prior to December 31, 2006.

4. If the permittee will not be able comply with condi tion I.A.5 above, they will be required to have a relief mechanism in place by December 31, 2006.



### 3. A revised Pollution Prevention Plan (PPP) shall be prep ared and implemented in accordance with the following

schedule:PERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

10 

### Action Item Scheduled Completion Date

1 Develop and Implement revised Pollution Prevention Plan As needed upon completion of and compliance with the requirements of this permit

2

. Submittal of revised Pollution Prevention Plan if additional enhancements are implemented Changes that warrant
modifications to the current PPP + 90 days



### VII. Other Specific Conditions

A. Specific Conditions Applicable to All Permits

1. The following documents (design documents), not attached hereto, but retained on file with the Department, are made a part he reof:

a. 1994 Conceptual Design Document for the Everglades Protection Project;

b. The June 13, 2000 Stormwater Treatment Area No 1 East Period of Record Dry

- Out Analysis;

c. The October, 1999 C

- 51 & STA 1 East Design Documentation Report;

d. The January, 1999 De sign Documentation Report, Canal 51 and Stormwater Treatment Area 1 East;

e. The May, 2000 Addendum To Design Documentation Report Stormwater Treatment Area 1 East;

f. The September 26, 2003 Stormwater Treatment Area, C

- 51 Improvements Construction and Solicit ation Specifications;

g. The February, 1999 C

- 51 West End Flood Control Project Final Environmental Impact Statement; and,

h. The November 16, 2004 Everglades Protection Area Tributary Basins Long

- Term Plan for Achieving Water Quality Goals.

2. Where required by Chapter 471 (P.E.) or Chapter 492 (P.G.) F.S., applicable portions of reports to be submitted under this permit, shall be signed and sealed by the professional(s) who prepared them.

3. This permit satisfies Wastewater program permitting requirements only. The Department and the permittee acknowledge the issuance of the other permits related to the STA-1E Project. Additional related permits include FDEP Permit No. 0178018, which authorizes tem porary dewatering activities for the construction of facilities within the STA-1E, STA-1W, STA-2, STA-3/4, and STA-5 Hydropattern Restoration Projects, and FDEP Permit No. 0195030 (EFA permit). This permit is s upplemental to these permits and does not supersede any of these permits.

B. Specific Conditions Re lated to Construction

1. Within thirty days of completion of construction, the permittee shall submit to the Department a completed “Certification of Completion of Construction” (DEP Form 62-620.910(12)) signed and sealed by the engineer of record or other engineer registered in the state of Florida. For purposes of this permit, completion of construction shall mean completion and closure of the construction contract for this project.PERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

11 2. Record drawings shall be prepared and made ava ilable in accordance w ith Rule 62-620.410(6), F.A.C., and the Department of Environmental Protection Guide to Wastewater Permitting within six months of placing the
facilities into flow

- through operation

.

C. Duty to Reapply

1. The permittee shall submit an application to renew this pe rmit at least 180 days before the expiration date of this permit.

2. The permittee shall apply for renewal of this permit on the appropriate form listed in Rule 62-620.910, F.A.C., and in the manner established in Chapter 62-620, F.A. C., and the Department of Environmental Protection Guide to Wastewater Permitting including submittal of the appropriate processing fee set forth in Rule 62-4.050,
F.A.C.

3. An application filed in accordance w ith subsections 1. and 2. of this part shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not expire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fixed by order of the reviewing court.

4. The late submittal of a renewal application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date.

D. Specific Conditions Related to Pollution Prevention Plan

1. The document entitled “Stormwater Treatment Area 1E Po llution Prevention Plan” da ted October 25, 2004, is hereby incorporated by reference and made a part of this permit as Exhibit A.

2. The STA-1E Project shall be operated in acco rdance with the Pollution Prevention Plan (PPP).

If the permitted facilities are demonstrated to not be achieving compliance with the requirements of this permit, the permittee shall modify the PPP or th e Operations Plan as appropriate.

E. Reopener Clause

1. The permit shall be revised, or alternatively, revoked a nd reissued in accordance with the provisions contained in Rules 62-620.325 and 62-620.345 F.A.C., if applicable, or to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of the Clean Water Act (the Act), as amended, if the effluent standards, limitations, or water quality standards so issued or approved:

a. Contains different conditions or is otherwise more stringent than any condition in the permit/or;

b. Controls any pollutant not addressed in the permit.

The permit as revised or reissued under this paragraph shall contain any other requirements then applicable.

2. The permit may be reopened to adjust effluent limita tions or monitoring requirements should future Water Quality Based Effluent Limitation determinations, water quality studies, DEP approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement.PERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

12 3. The Department may develop a Total Maximum Daily Load (TMDL) during the life of the permit. Once a TMDL has been established and adopted by rule, the Depart ment shall revise this permit to incorporate the final findings of the TMDL consistent with the requirements of Section 403.067, F.S.

F. Transect Monitoring

The permittee shall conduct water quality, soil, and vegetation monitoring as specified below at a series of sites located along a transect downstream of the STA-1E discharge site to characterize the e ffects of the STA-1E discharge on adjacent marsh areas of the Refuge. The tabl e below identifies five sampling sites. The monitoring
site closest to the discharge point (LOX-135) is located in the rim canal and will be used to evaluate changes in water quality occurring between the discharge poi nt and the actual marsh. Of the remaining four marsh sites, LOXA-136 and LOXA-137 are located in areas currently identified as im pacted (i.e., sediment TP concentration greater than 500 mg/kg), with the final two sites located in areas currently identified as unimpacted. Upon demonstration that an additional sampling site or removal of an existing sampling site is warranted, the permittee may request a modification to the monitoring program as appropriate. Th e Department and USEPA shall review and approve such requests on a case by case basis. Any alteration in th e monitoring program approved by the Department and
USEPA shall occur in the form of a modification to this permit.

All water quality, soil, and vegetation samples will be collected and reported for the parameters and at the frequency specified in the SFWMD’s January 20, 2010 ‘Project WCA-2A Monitoring Plan for STA-2 and Compartment B Build-Out Downstream Monitoring Plan’.

G. Implementation of Source Control Programs.

1. Implementation. The permittee shall continue to implemen t source control programs in each of the contributing basins in accordance with Chapter 40E-63, F.A.C. and other applicable programs. Basins that do not presently include source control programs shall be monitored to determine if such programs are necessary in the event that phosphorus loads to the facility from these ba sins limit the facility or facilities progress towards achieving the WQBEL

2. Performance. On an annual basis, the permittee shall eval uate the performance of source controls in the contributing basins and include the findings in the a nnual report required in Part I.E.9. The report shall include phosphorus loads from the basins and shall desc ribe trends and compare current loads to those determined necessary to achieve the WQBEL.

3. Improvements. If the WQBEL is not achieved and if the assumed inflow concentration used to develop the Amended Determination remedy is exceeded, the perm ittee shall submit, as part of the annual reporting requirements in Part I.E.9, a report explaining the cause (s) for the excess concentra tion and, if applicable, schedules and strategies for source control im provements necessary to achieve the WQBEL. Table STA-1E Transect Sampling Sites.

Station Latitude Longitude Impacted/Unimpacted

LOXA-135 26.623355 -80.316123 Rim Canal

LOXA-136 26.618793 -80.318667 Impacted

LOXA-137 26.615103 -80.321703 Impacted

LOXA-138 26.606817 -80.326665 Unimpacted

LOXA-139 26.593325 -80.337154 UnimpactedPERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

13 VIII. General Conditions

1. The terms, conditions, requirements, limitations and re strictions set forth in this permit are binding and enforceable pursuant to Ch apter 403, F.S. Any permit noncompliance constitutes a violation of Chapter 403, F.S., and is grounds for enforcement action, permit term ination, permit revocation and reissuance, or permit
revision. [62-620.610(1), F.A.C.]

2. This permit is valid only for the specific processes a nd operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation fro m the approved drawings, exhibits, specifications or conditions of this permit constitutes grounds for revo cation and enforcement ac tion by the Department. [62- 620.610(2), F.A.C.]

3. As provided in Subsection 403.087(6), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringements of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit . [62-620.610(3), F.A.C.]

4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and does not constitute authority for the use of submer ged lands unless herein provi ded and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. [62-620.610(4), F.A.C.]

5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plant life, or property caused by th e construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contraven tion of Florida Statutes and Department rules, unless specifically authorized by an orde r from the Department. The permittee shall take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affec ting human health or the environment. It shall not be a defense for a permittee in an enforcement action th at it would have been necessary to halt or reduce the permitted activity in order to maintain comp liance with the conditions of this permit. [62-620.610(5), F.A.C.]

6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit. [62-620.610(6), F.A.C.]

7. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permitt ee to achieve comp liance with the conditions of this permit. This provision includes th e operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit. [62-620.610(7), F.A.C.]

8. This permit may be modified, revoked and reissued, or te rminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. [62-620.610(8), F.A.C.]

9. The permittee, by accepting this permit, specifically ag rees to allow authorized Department personnel, including an authorized representative of the Departme nt and authorized EPA personnel, when applicable, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, toPERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

14 a. Enter upon the permittee’s premises where a regulated f acility, system, or activity is located or conducted, or where records shall be kept under the conditions of this permit;

b. Have access to and copy any records that sha ll be kept under the conditions of this permit;

c. Inspect the facilities, equipment, practices, or ope rations regulated or requi red under this permit; and

d. Sample or monitor any substances or parameters at any location necessary to assure compliance with this permit or Department rules. [62-620.610(9), F.A.C.]

10. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as ev idence in any enfo rcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, F.S., or Rule 62-620.302, F.A.C. Such evidence shall only be used to the extent that it is consistent with the Florida Rules of Civil Procedure and applicable evidentiary rules. [62-620.610(10), F.A.C.]

11. When requested by the Department, the permittee shall within a reasonable time provide any information required by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department. [62-620.610(11), F.A.C.]

12. Unless specifically stated otherwis e in Department rules, the permittee, in accepting this permit, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended su rface water quality standard, ot her than those standards addressed in Rule 62-302.500, F.A.C., shall include a reasona ble time to obtain or be denied a mixing zone for the
new or amended standard. [62-620.610(12), F.A.C.] However, this section cannot be used as a basis to extend the time to comply with the permit’s total phosphorus WQBEL or to obtain a mixing zone to meet the total phosphorus water quality criterion.

13..The permittee, in accepting this permit, agrees to pay the applicable regul atory program and surveillance fee in accordance with Rule 62-4.052, F.A.C. [62-620.610(13), F.A.C.]

14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee shall be liable for any noncompliance of the pe rmitted activity until the tran sfer is approved by the Department. [62-620.610(14), F.A.C.]

15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. [62-620.610(15), F.A.C.]

16. The permittee shall apply for a revision to the Depa rtment permit in accordance with Rule 62-620.300, F.A.C., and the Department of Environmental Protection Guide to Wastewater Permitting at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with Rule 62- 620.325(2), F.A.C., for minor modifications to the permitte d facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300, F.A.C. [62-620.610(16), F.A.C.]PERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

15 17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncomplia nce with permit requirements. The pe rmittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information:

a. A description of the anticipated noncompliance;

b. The period of the anticipated noncompliance, including dates and times; and

c. Steps being taken to prevent future occurrence of the noncompliance. [62-620.610(17), F.A.C.]

18. Sampling and monitoring data shall be collected and an alyzed in accordance with Rule 62-4.246, Chapters 62- 160 and 62-601, F.A.C., and 40 CFR 136, as appropriate.

a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10).

b. If the permittee monitors any contaminate more frequen tly than required by the permit, using Department approved test procedures, the results of this monitori ng shall be included in the calculation and reporting of
the data submitted in the DMR.

c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit.

d. Any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health (DOH) under Chapter 64E-1, F.A. C., where such certification is required by Rule 62-160.300(4), F.A.C. The laboratory must be certified for any specific method and analyte combination that is used to comply with this permit. For domes tic wastewater facilities, the on-site test procedures specified in Rule 62-160.300(4), F.A.C., shall be performed by a laboratory certified test for those parameters or under the direction of an operator certified under Chapter 62-602, F.A.C.

e. Fields activities including on-site tests and sample collection, whether performed by a laboratory or a certified operator, must follow the applicable pro cedures described in DEP-SOP-001/01 (February 2004). Alternate field procedures and labor atory methods may be used where they have been approved according to the requirements of Rules 62-160.220, 62-160.330, and 62-160.600, F.A.C. [62-620.610(18), F.A.C.]

19. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date. [62-620.610(19), F.A.C.]

20. The permittee shall report to the Department any noncompliance which may endanger health or the environment. Any information shall be provided or ally within 24 hours from th e time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain: a description of the noncompliance and its cause; the period of noncompliance including exact dates and time, and if the noncompliance has not been corrected, the anticipated tim e it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.PERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

16 a. The following shall be included as information which must be reported within 24 hours under this
condition:

1. Any unanticipated bypass which causes any reclaimed water or effluent to exceed any permit limitation or results in an unpermitted discharge,

2. Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit,

3. Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice, and

4. Any unauthorized discharge to surface or ground waters.

b. Oral reports as required by this s ubsection shall be provided as follows:

1. For unauthorized releases or spills of untreated or treated wastewater reported pursuant to subparagraph a.4 that are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calling the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519, as soon as practical, but no later than 24 hours from the time th e permittee becomes aware of the discharge. The permittee, to the extent known, shall provide the following information to the State Warning Point:

(a) Name, address, and telephone number of person reporting;

(b) Name, address, and telephone number of permittee or responsible person for the discharge;

(c) Date and time of the discharge and st atus of discharge (ongoing or ceased);

(d) Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic wastewater);

(e) Estimated amount of the discharge;

(f) Location or address of the discharge;

(g) Source and cause of the discharge;

(h) Whether the discharge was contained on-s ite, and cleanup actions taken to date;

(i) Description of area affected by the discharge, including name of water body affected, if any; and

(j) Other persons or ag encies contacted.

2. Oral reports, not otherwise required to be provi ded pursuant to subparagr aph b.1 above, shall be provided to Department’s Sout heast District Office within 24 hours from the time the permittee
becomes aware of the circumstances.

c. If the oral report has been received within 24 hour s, the noncompliance has been corrected, and the noncompliance did not endanger health or the environm ent, the Department’s Southeast District Office shall waive the written report. [62-620.610(20), F.A.C.]PERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

17 21. The permittee shall report all instances of noncomplian ce not reported under Conditions VIII. 18 and 19 of this permit at the time monitoring reports are submitted. This report shall contain the same information required by Condition VIII. 20. of this permit. [62-620.610(21), F.A.C.]

22. Bypass Provisions . The term “bypass” shall mean the intentional diversion of waste streams from any portion of
the treatment works.

a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that:

1. Bypass was unavoidable to prevent loss of life, pe rsonal injury, or severe property damage; and

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipm ent should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

3. The permittee submitted notices as required under Condition VIII.22.b. of this permit.

b. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as requi red in Condition VIII.20. of this permit. A notice shall include a description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass has not been correct ed, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.

c. The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee
demonstrates that it will meet the three conditions listed in Condition VIII.22 a. (1) through (3) of this permit.

d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to
be exceeded if it is for essential ma intenance to assure efficient opera tion. These bypasses are not subject to the provision of Condition VIII.22.a. through c. of this permit. [62-620.610(22), F.A.C.]

23. Upset Provisions

a. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and that the permittee can identify the cause (s) of the upset;

2. The permitted facility was at the time being properly operated;

3. The permittee submitted notice of the upset as re quired in Condition VIII.20. of this permit; and

4. The permittee complied with any remedial measures required under Condition V III.5. of this permit.

b. In any enforcement proceed ing, the permittee seeking to establis h the occurrence of an upset has the burden of proof.PERMITTEE: PERMIT NUMBER: FL0304549

South Florida Water Management District Issuance date: August 30, 2005 3301 Gun Club Road Expiration date: August 30, 2010 West Palm Beach, FL 33406

18 c. Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review. [62-620.610(23), F.A.C.]

Executed in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION

____________________________________ Jerry Brooks Deputy Division Director Water Resource Management

DATE: ______________________________

### Department of
Environmental Protection Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000

STATE OF FLORIDA Permit to Discharge Treated Water

PERMITTEE:

South Florida Water Management District
3301 Gun Club Road West Palm Beach, FL 33406

NPDES PERMIT NUMBER: FL0177962-001 Minor Non-POTW

ISSUANCE DATE: May 11, 1999

EXPIRATION DATE: May 10, 2004

RESPONSIBLE AUTHORITY: Mr. Mike Slayton Deputy Executive Director

FACILITY: Stormwater Treatment Area (STA) 1 West Project (STA-1W Project) Palm Beach County

LATITUDE: 26° 33' 15  ̋ N LONGITUDE: 80" 26' 09  ̋ W

This permit is issued under the provisions of Ch apter 403, Florida Statutes , and applicable rules
of the Florida Administrative Code and constitute s authorization to discharge to waters of the state under the National Pollutant Discharge El imination System (NPDES). The above named permittee is hereby authorized to co nstruct and operate the facilities required by this permit
shown on the application and other doc uments attached here to or on file with the Department and made a part hereof and specifically described as follows:

### PROJECT DESCRIPTION:

The project is to construct, ope rate, and maintain Stormwater Treatment Area 1 West (STA-lW), STA 1 Inflow and Distribution Works (STA-1 I& D), the G-310 Pump Station, and modifications to the existing Everglades Nutrient Removal (ENR ) Project, which together will be known as the STA-1W Project. STA-1W Project is part of the Everglades Construction Project (ECP), construction, operation and maintenance of whic h is required by the Everglades Forever Act (EFA) (Section 373.4592, Florida Statutes).

EFFLUENT DISPOSAL:

This permit authorizes the new discharge of tr eated waters from a 6,670 acr e constructed wetland marsh system (STA-1W Project) to the L-7 Canal (within the Ar thur R Marshall Loxahatchee National Wildlife Refuge -- herein referred to as the Refuge), via the G-310 and G-251 pump
stations. Waters treated in th e wetland marsh are pumped, vi a the S-5A pump station, from jurisdictional water of the East Beach Water Cont rol District, from the S-5A, L-8, and C-51 West Basins and the Lake Okeechobee regulatory releas es. The L-7 Canal is a Class III Fresh water and an Outstanding Florida Water (OFW).

SURFACE WATER DISCHARGES AUTHORIZED:

A new discharge to the L-7 Canal (Class III Fres h waters), outfall serial number D-001, via the G-310 pump station. The G-310 pump station outfall point of discha rge is located approximately at latitude 26° 33' 15" N, longitude 80° 26' 09" W.

A discharge to the L-7 Canal (Class III Fresh wa ters), outfall serial number D-002, via the G-251 pump station. The G-251 pump station outfall poin t of discharge is loca ted approximately at
latitude 26° 35' 59" N, longitude 80° 26' 24  ̋ W.

IN ACCORDANCE WITH: The 1imitations, monitoring requi rements and other conditions as set forth in Part I throug h Part VIII on pages 1 through 15 of this permit.

### I. Effluent Limitations and Monitoring Requirement

A. Surface Water Discharges

1. During the period beginning upon placing the system into operation the permit
effective date and lasting through the expiration date of this permit, the permittee is authorized to discharge from Outfalls D-OO1 and D-002, non-process wastewater tr eated

water . Such discharge shall limite d and monitored by the perm ittee as specified below:

Discharge Limitations Monitoring Requirements

Parameters (units) Daily Minimum Daily
Maximum Annual Average Other Monitoring Frequency Sample Type Sample Point

Not to exceed 10 as a geometric mean (GM) annual average in more
than two consecutive years * 18 as a flowweighted mean (FWM) annual

average * EFF-1

Phosphorus, Total (as P) (ppb) -- --

(See I.A.5) Weekly GM – based on grab samples
collected
when discharge

occurs

FWM - 7- day flow proportioned composite

Phosphorus, Total (mg/L ppb as P) -- -- Report * * Weekly 7-day flow proportioned composite SWU-1

Oxygen, Dissolved (DO) (MG/L) 5.0 -- -- Weekly Meter EFF-1&EFF-2

Oxygen, Dissolved (DO) (MG/L) Report -- -- Weekly Meter SWU-1

Flow (CFS) -- Report Report Continuous Recorder EFF-1&EFF-2

pH (SU) 6.0 8.5 -- Weekly Meter EFF-1&EFF-2

* All EFF TP m onitoring results for this parameter shall be reported as separate weekly values without roundi ng to whole numbers. The results shall also be reported as FWM annual averag es that are calculated based on the FWM of the weekly values. The results shall als o be reported as GM annual averages that are calculated based on all sample point w eekly values collected when disc harge occurs in the previous 12 months. All FWM and GM annual averages shall be reported to the nearest w hole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall be reported as 10 ppb). No violations for the annual average limit will be deemed to have occurred until data have been compiled for the first 12 months after the issuance date of the permit. For the first 11 m onths after issuance of this permit, the m onitoring results for this parameter shall be recorded on the DMR as NODI=9. Starting with the 12 th month and lasting until the expiration of th is permit, the monitoring results for this parameter shall be recorde d on the DMR as a 12

- month moving flow

- weighted average.

** All SWU TP monitoring results shall be repor ted as separate weekly values without r ounding to whole numbers. All results shall also be reported as monthly averages and as FWM annual averages. The m onthly averages and FWM annual av erages shall be calculated base d on the FWM of the weekly values and shall be reported to the nearest whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 p pb shall be reported as 10 ppb).



### 2. Effluent samples shall be taken at th e monitoring site location listed in permit
condition I.A.I and as described below:

Sample Point Description of Monitoring Location

EFF-1 Sampling location for Outfall D-001 at the G-310 pump station.Sample Point Description of Monitoring Location

EFF-2 Sampling location for the Outfall D-002 at the G-251 pump station.

SWU-1 Upstream background sampling locat ion at the S-5A pump station.



### 3. There shall be no discharge of floating solids or visible foam in othe r than trace amounts. This provision shall not be interpreted to prevent discharges of constituents normally found in or resulting from marsh wetland systems.

4. The discharge shall not cause a visible sheen on the receiving water. This provision shall not be interpreted to prevent discharges of constituents normally found in or resulting from marsh wetland systems.

5. The discharge shall not cause phosphorus concentrations in the receiving waters to exceed the criteria in Rule 62-302.540(4)(a), F.A.C. The discharge shall not cause phosphorus concentrations in the receiving waters to be altere d so as to cause or contribute to an imbalance in natural populations of aquatic flora or fauna. The permittee may not be able to immediately comply with this condition and therefore, this permit is issued pur suant to section 40 3.088( 2 ) ( e)
of the Fl orida Statutes and is consistent with the Everglades Forever Act (EFA), §373 .4592, Fl a. Stat. By operation of the EFA, a numeric effluent limit for phosphorous shall be d erived in accordance with state policy as contained in the EF A, § 373. 4 592 ( 4 ) ( e), Fl a. Stat, which provides th at if the Department does not adopt by rule a revised phosphorus water quality criterion by no later than December 31, 2003, the numeric criterion for phosphorus shall be 10
part s per billion (p pb) in the Everglade s Protection Area. Upon adoption of a revi sed criterion or
the defa ult cri terion becoming effective, and upon approval by EPA, an effluent limitation shall be established for this permit, in a manner consistent with the EP A, the federal Consent Decree
in U SA v. SFWMD, Case No. 88

- 1886

- CIV

- HOEVELER, as may be modified, and other applicable state and federal laws and that recogni zes the relationship between waters discharged

to, and the resulting water quality in the Everglades Protection Area. If an effluent limitation is established for this permit base d upon the default criterion, that effluent limitation will be replaced with a new effluent limit based on t he approved numeric in terpretation of t he narrative phosphorous crit erion once rule mak ing for the pho sphorous criterion and an appropriate effluent limitation is promulgated under the requirements of the EF A and the Consent Decree. The new
effluent limit will be based on t he numeric phosphorous criterion, the associated implementation strategy, and the r elationship between waters discharged to, and the resulting water quality in,

t he Everglades Protection Area in a manner consistent with the EFA, the federal Consent Decree in USA v. SFWMD, Case No. 88

- 188 6

- CIV

- HOEVEL ER, as may be modified, an d other appli cable state an d federal laws. Perso ns whose sub stantial interests are affected by modification of this permit to include a new effluent limitation for phosphorus will be afforded a point of entry under Chapter 120, Florida Statutes

. Beginning at the end of April after the permit
effective date and at the end of each April thereafter, the pe rmittee shall report the FWM annual average using data it collected for the prior 12 months. Beginning at the end of April after the permit effective date and at the end of each Apr il thereafter, the permitt ee shall report the GM annual average using data it collected for each of the prior 3 years.

### 6. In the year following any two consecutive years where the TP GM annual average exceeds 10 ppb, the permittee shall report quarterly the GM of a ll monthly TP values for that year. If that mean exceeds 10 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that mean is as high as it is and the specific steps it is taking to ensure that the TP GM for that year will not exceed 10 ppb.

For the TP FWM WQBEL, the perm ittee shall report quarterly the average of all monthly FWMs for that year. If that average exceeds 18 ppb, th e permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that average is as high as it is and the specifi c steps it is taking to ensure that the TP FWM annual average for that year will not exceed 18 ppb.

7. If the facility does not m eet the FWM WQBEL in any year, the permittee shall report the annual load of TP discharged by the STA into th e Everglades that is in excess of the WQBEL load (based on 18 ppb). If the facility does not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 10 ppb) for that year and th e previous two years.

8. TP samples taken in accordance with Section I.A.1 and submitted monthly as part of the Discharge Monitoring Report (DMR) shall be anal yzed to provide an assessment in the Annual Report required in Part I.C.7 as to whether th e facility is operating within or outside the operational envelope. The assessment shall be based on annual inflow volumes and phosphorus loads and shall compare flows a nd loads to the corres ponding average values contained in the operational envelope described in Exhibit A (Gofor th et al, 2007). If the annual inflow volumes or phosphorus loads exceed the corresponding averag e values of the operational envelope during an annual compliance period, the Di strict shall conduct a review of potential causes and include this review in the annual report. Departmental concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply releas es that would result in an exceedance of the maximum levels of flow or phosphorus load contained in the operational envelope.

B. Other Methods of Disposal or Recycling

1. There shall be no discharge from this facil ity to surface waters, except as authorized by this permit.

C. Other Limitations and Monito ring and Reporting Requirements

1. During the period of operation authorized by this permit, the permittee shall complete and submit to the Department on a monthl y basis Discharge Monitoring Report(s) (DMR), Form 62-620.910(10), as attached to this permit. The permittee shall make copies of the attached DMR form(s) and shall submit the completed DMR form(s) to the Department by the twenty-eighth (28th) of the third month following the month of sampling at the address specified below:

### Florida Department of Environmental Protection Wastewater Program Management Section Twin Towers Office Building 2600 Blair Slone Road, Mail Station 3551 Tallahassee, Florida 32399-2400

If no discharge occurs duri ng the reporting period, sampling requirements of this permit do not apply. The DMR form(s) shall be submitted as specified above with the statement ''No Discharge” writ ten thereon. If, during the te rm of this permit, the facility ceases operation, the Department shall be notified immediately upon cessation of discharge. Such notifica tion shall be in writing.

2. Unless specified otherwise in this permit, all reports and notifications required by this permit, including twenty-four hour notificati ons, shall be submitted to or reported to, as appropriate, the Southeast District Office of the Department and to the Department's Division of Water Facilities, Everglades Technical Support Section at the addresses specified below:

Florida Department of Environmental Protection
Southeast District Office 100 North Congress Avenue West Palm Beach, FL 33401 Phone Number - (561) 681-6600 FAX Number' - (561) 681-6755

AND

Florida Department of Environmental Protection
Division of Water Facilities Everglades Technical Support Section 2600 Blair Stone Road, MS 3560 Tallahassee, Florida, 32399-2400 Phone Number - (850) 921-5213 Fax Number' - (850) 488-4358

(ALL FAX copies shall be fo llowed by original copies.)

3. The permittee shall provide safe access poi nts for obtaining representative samples which are required by this permit

4. The permittee shall ensure that all labor atory analytical data submitted to the department as required by this permit is fr om a laboratory which has a currently valid and Department-approved Comprehensive Qu ality Assurance Plan (ComQAP) [or a ComQAP pending approval] for all parameters being reported as required by Chapter 62-160, Florida Administrative Code.

### 5. Upon demonstration that speci fic parameter(s) is consisten tly shown to be undetected in the effluent, the permittee may request a modification to the monitoring program as appropriate. A minimum of two years of da ta, for those parameters being sampled quarterly or more frequentl y, will be required prior to the Department approving any modification to the monitoring program. Th e Department may approve a reduction of the monitoring frequency or waive the monitoring requirement for parameters which consistently are shown to be undetected in the effluent.

6. The District shall notify the De partment within 24 hours of any unanticipated bypasses of flow through the G-300 or G-301 Diversion Structures. The District sh all notify the Department as soon as practicable in advanc e of anticipated bypasses, with the exception of routine
maintenance. The submitted notification shall incl ude a description of the circumstances related to the bypass and a projection of the anticipated durat ion of the bypass. All bypasses occurring through either the G-300 or the G-301 Structure sh all be monitored for the parameters listed in the table below. As soon as practicable after ce ssation of all bypasses, th e District shall submit a summary of the data collected from the tabl e below and identify the duration of the bypasses. Bypasses shall be limited to the shortest time possible and are not allowed to solely achieve the WQBEL. Bypasses are subject to and must meet the requirements of Item s VIII.T, U, and V of this permit.

Parameter Units Sample Type Frequency Total Phosphorus mg/l Grab Weekly

Flow CFS Calculated Daily Average



### 7. The permittee shall submit an Annual Report demonstrating comp liance with the conditions of this permit and according to the sc hedule in Section VI. The Annua l Report shall provide details regarding the status of implementa tion of the requirements of this permit. Specifically, the report will include details regarding:

a. Implementation of the WQBEL and activities required by this permit and affecting flows and loads to STA-1W;

b. Source control implementation and optimization;

c. STA design modifications affecting implementation of the WQBEL and activities required by this permit;

d. Improvements, enhancements, and strate gies that have been initiated and/or completed within the previous year;

e. Any delays in the implementation of the requirements of this permit, the duration of the delays, the reason(s) for the delays, and the expected timeframe for their resolution;

f. Whether revisions and/ or additions to the requirements of this permit are recommended;

### g. The implementation status of STA Recovery Plans;

h. For any noncompliance with permit conditi ons, an evaluation of the cause(s) and implementation of remedial measures;

i. Whether the facility was operated within or outside of the ope rational envelope; and

j. For each downstream transect station, a compilation of the water quality, sediment, and vegetation monitoring data co l lected, as appropriate, an d an assessment of whether

the cum u lative impact remained unchanged, improved, or worsened from the previous year/monitoring.

8

. The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under th e Endangered Species Ac t or Migratory Bird Treaty Act. The report should include the spec ies involved, an estimate of the number of individuals involved, actions ta ken to avoid deleterious imp acts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estimate of when facility operation will no longer be impacted or constrained.

II. Industrial Sludge Management Requirements

1. This section not applicable to this facility.

III. Ground Water Monitoring Requirements

1. This section is not applicable to this facility.

IV. Other Land Application Requirements

1. This section is not applicable to this facility.

V. Operation and Maintenance Requirements

A. Operation of Treatment and Disposal Facilities

1. The permittee shall ensure that the operation of th is facility is as described in the application and supporting documents.

2. The operation of the pollution control facilities described in this permit shall be under the supervision of a person who is qualified by formal training and/or practical experience in the field of water pollution control.

### B. Record keeping Requirements:

The permittee shall maintain the following records at the SFWMD headquarters office at the address specified above and make them available for inspection:

1. Records of all compliance monitoring in formation, including all calibration and maintenance records for continuous monitoring instrumentation includ ing if applicable, a copy of the laboratory certificat ion showing the certification num ber of the laboratory, for at least three years from the date the sample or measurement was taken;

2. Copies of all reports

, other than those required in items 1. and 6. of this section, required by the permit for at least three years from the date the report was prepared, unless otherwise specified by Department rule;

3. Records of all data, including reports and docum ents used to complete the application for the permit for at least three years from the date the application was filed, unless otherwise specified by Department rule;

4. A copy of the current permit;

5. A copy of any required record drawings;

6. Copies of the logs and schedules showing project operations and maintenance for three years from the date on the logs or schedule.

VI. Schedules

1. Upon completion of and compliance with the requirements specified herein, the permittee shall submit to the Department an updated Op erations Plan for STA-1W. Until the updated Operations Plan is submitted by the permittee a nd approved by the Department, the previously existing Operations Plan shall remain in effect

. An operational plan shall be developed and implemented by the permitt ee no later than September 1999.

2. The Annual Report shall be rece ived by the Department no later than March 1 of each year following the effective date of this permit. E ach Annual Report shall present the information for the previous water year, from May 1 to April 30. Upon approval by the Department, the District may modify the Annual Report subm ission date to coincide with multiple reporting requirements and time periods needed for da ta acquisition and analysis.

3. A revised Pollution Prevention Plan (PPP) shall be prepared and implemented in accordance with the following schedule:

### Action Item Scheduled Completion
Date

1 Develop and Implement revised Pollution
Prevention Plan As needed upon completion of the requirements of this permit

2. Submittal of revised Pollution Prevention Plan if additional enhancements are implemented Changes that warrant
modifications to the current PPP + 90 days

VII. Other Specific Conditions

A. Specific Conditions App licable to All Permits

1. The following documents, not attached he reto, but retained on file with the Department, are made a part hereof:

a. 1994 Conceptual Design Document fo r the Everglades Protection Project;

b. Detailed Design Report for Stormwater Treatment Area 1 West, dated June 5, 1996;

c. Supplement to the Detailed Design Re port by Hutcheon Engineers, dated October 30, 1996;

d. Final Design Report for Storm Water Treatme nt Area 1 West in flow and Distribution Works by Stanley Consultants Inc., dated September 29, 1996; and

e. Final Design Report for Pumping Stat ion G-310 and G-335 by Brown Caldwell, dated January 1997.

2. Where required by Chapter 471 (P.E.) or Chapter 492 (P.G.) Florida Statutes. applicable portions of reports to be submitted under this permit, shall be signed and sealed by the professional (s) who prepared them.

3. This permit satisfies Wastewater program permitting requirements only. The Department and the permittee acknowledge the issuance of other perm its related to the STA-1W Project. Portions of the STA-1W Project were permitted as the Everglades Nutrient Removal (ENR) Project, in accord ance with the Marjor ie Stoneman Douglas Act (FDEP Permit No. 502232569) and in acco rdance with federal law (NPDES Permit No. FL0043885)

. This STA-1W permit, upon issuance, shall supersede the former NPDES ENR Project permit. Additi onal related permits include FDEP Permit No. 0125539, which authorizes temporary dewate ring activities to construct the STAs and associated works, and, the U.S. Army Corps of Engineers 404 Permit No.

### 199404532, however, this permit does not supers ede either of these two permits.

B. Specific Conditions Related to Construction

1. Within thirty days of completion of the construction contract for this project, the permittee shall submit to the Department a completed "Certificati on of Completion of Construction” (DEP Form 62-620.910(12)) si gned and sealed by the engineer of record. For purposes of this permit, comple tion of construction shall mean completion
and closure of the construction contract for this project.

2. Record drawings shall be prepared and ma de available in accordance with Rule 62- 620.410(6), F.A.C., and the Department of Environmental Protection Guide to Wastewater Permitting within six months of placing the facilities into operation.

C. Duty to Reapply

1. The permittee shall submit an application to renew this pe rmit at least 180 days before the expiration date of this permit.

2. The permittee shall apply for renewal of this permit on the appropriate form listed in Rule 62-620.910, FAC., and in the manner es tablished in Chapter 62-620, FAC., and the Department of Environmental Protecti on Guide to Wastewater Permitting including submittal of the appropriate processing fee set forth in Rule 62-4.050, F.A.C.

3. An application filed in accordance with subs ections 1. and 2. of this part shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not e xpire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fi xed by order of the reviewing court.

4. The late submittal of a renewal application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date.

D. Specific Conditions Related to Pollution Prevention Plan

1. The document entitled "Stormwater Treatment Area lW Pollution Prevention Plan," dated March 12, 1999, is hereby in corporated by reference an d made a part of this permit as Exhibit A.

2. The STA-1W Project shall be operated in accordance with the Pollution Prevention Plan (PPP).

If the permitted facilities are demonstrated to be not achieving compliance with the requirements of this permit, the permittee sh all modify the PPP or the operational plan as appropriate.

### E. Reopener Clause

This pe rmit currently contains the narrative water quality standard for nutrients. In
accordance with Section 373.4592(4)( e) or the Ev erglades Forever Act (EFA), by December 31, 2001, the Florida Depart ment of Environmental Prote ction shall file a notice of rule making in the Fl orida Administrative Weekly t o est ablish a phosphorus criterion in the Everg lades Protection Area. By operation of the EFA, if the Department does not adopt by rule a rev ised phosphorus wat er quality c riter ion by December 31, 2003, the numeric criterion for phosphorus shall be the default of 10 ppb in the Everglad es Protection Area. In either case, the numeric phosphorus criterion and implementation methodology must be submitt ed to EPA for approval. The US EP A shall review the water quality
data that the state develops pursuant to the EFA, Section 373.4592(4)( e)l., Fla. S tat., and the interpreted numeric phosphorus cr iterion approved by the Florida Environmental Regulation
Commiss ion in accordance wit h the EFA , Section 373.4592( 4)(e)2., Fla. Stat., and shall approve the criterion provi ded it adequately protects the designated uses of the Everglades Protecti on Area, and complies with the Clean Water Act and implementing regulations. The same standard o f review will apply to this criterion that applies to
all other proposed St ate water qu a lity standards.

Within 90 days of approval by EPA of the adopted numeric criterion or 10 ppb default criterion, a new effluent limitation shall be esta blished for this permit. This new effluent limitation, which becomes effective on Decem ber 31, 2006, will be based on the numeric phosphorus criterion and associat ed implementation strategy, in a manner consistent with the EFA, the Federal Consent Decree in USA v. SFWMD, Case No. 88-1886-CIV· HOEVELER, as may be modifie d, and other applicable state and federal laws and that recognizes the relationship between waters disc harged to, and the re sulting water quality in the Everglades Protection Area. Persons whose substantial inte rests are affected by modification of this permit to include a ne w effluent limitation for phosphorus will be afforded a point of entry under Chapter 120, Florida Statutes.

By no later than December 31, 2003, the perm ittee shall submit a pe rmit modification, including plans, cost estimates, and schedules for implementation, designed to achieve or maintain compliance with the phosphorus cr iterion and, if necessa ry, all other water quality standards in all part s of the Everglades Protecti on Area by no later than December 31,2006.

In the event that the state of Florida revises the dissolv ed oxygen criterion, or establishes a site specific a1terna tive criterion (SSAC) or other moderating provi sion for dis solved

oxy gen in the Eve rglades Protection Area., the numeric effluent limitation for disso lved

oxy gen contained in this permit shall be revised.

1. The permit shall be revised, or alternatively, revoked and reissued in accordance with the provisions contained in Rule s 62-620.325 and 62-620.345 F.A.C., if applicable, or to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of th e Clean Water Act (the Act), as amended, if the effluent standards, limitations, or water quality standards so issued or approved:

### a. Contains different conditions or is otherwis e more stringent than any condition in the permit/or;

b. Controls any pollutant not addressed in the permit.

The permit as revised or reissued under this paragraph shall contain any other requirements then applicable.

2. The permit may be reopened to adjust effluent limitations or monitoring requirements should future Water Quality Based Effluent Limitation determinations, water quality studies, DEP approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement.

3. The Department may develop a Total Maximum Daily Load (TMDL) during the life of the permit. Once a TMDL has been established and adopted by rule, the Department shall revise this permit to incorporate the final findings of the TMDL consistent with the requirements of Section 403.067, F.S.

F. Transect Monitoring

The permittee shall conduct monitoring at a se ries of sites located along two transects downstream of the STA-1W discharge site to ch aracterize the effects of the STA-1W discharge on adjacent marsh areas of the Refuge. The first table below identifies seven (7) sampling sites located along a transect originating at the Rim Canal adjacent to the STA-1W discharge point and extending to the southeast towa rd the center of the Refuge into an unimpacted portion of the marsh. The second table below identifies five (5) sampling sites located along a transect originating at the Rim Canal downstream of th e STA-1W discharge poin t and extending to the
southeast toward the center of the Refuge into an unimpacted portion of the marsh. Upon demonstration that an additional sampling site or removal of an existing sampling site is warranted, the permittee may request a modificati on to the monitoring program as appropriate. The Department and USEPA shall review and appr ove such requests on a case by case basis. Any alteration in the monitoring program approve d by the Department and USEPA shall occur in the form of a modification to this permit.

For the first transect, monitoring site LOXA104 is located in the Rim Canal and will be used to evaluate changes in water quality occurring between the Rim Canal and the actual marsh. Of the remaining six sites, four are located in areas curre ntly identified as impacted (i.e., sediment TP concentration greater than 500 mg /kg), with the final two site s located in areas currently identified as unimpacted. For the second trans ect, monitoring site Z-0 is located in the Rim Canal and will be used to evaluate changes in water quality occurring between the Rim Canal and the actual marsh. Of the remaining four sites, three are located in areas currently identified as impacted (i.e., sediment TP concentration grea ter than 500 mg/kg), with the final site located in an area currently identified as unimpacted.

### All water quality, soil, and vegetation samples will be collected and reported for the parameters and at the frequency specifie d in the SFWMD’s January 20, 2 010 ‘Project WCA-2A Monitoring Plan for STA-2 and Compartment B Build-Out Downstream Monitoring Plan’.

G. Implementation of Source Control Programs.

1. Implementation. The permittee shall continue to implement source control programs in each of the contributing basins in accordance with Chapter 40E-63, F.A.C. and other applicable programs. Basins that do not pres ently include source cont rol programs shall be
monitored to determine if such programs are necessary in the event that phosphorus loads to the facility from these basins limit the facility or facilities progress towards achieving the WQBEL

2. Performance. On an annual basis, the permittee shall evaluate the performance of source controls in the contributing ba sins and include the findings in the annual report required in Part I.C.7. The report shall in clude phosphorus loads from the basins and shall describe trends and compare current loads to those de termined necessary to achieve the WQBEL.

3. Improvements. If the WQBEL is not ach ieved and if the assume d inflow concentration used to develop the Amended Determination remedy is exceeded, the permittee shall submit, as part of the annual reporting requirements in Part I.C.7, a report explaining the cause(s) for the excess c oncentration and, if applicable, sche dules and strategies for source control improvements necessary to achieve the WQBEL.

VIII. General Conditions

A. Enforcement. The terms, conditions, requirements, limita tions and restricti ons set forth in this permit are binding and enforceable pursuant to Chapter 403, F.S. Any permit noncompliance constitutes a violation of Chapter 403, F.S., and is grounds for enforcement action, permit termination, permit revocatio n and reissuance, or permit revision. [62- 620.610(1), F.A.C.]

B. Scope of permit. This permit is valid only for the spec ific processes and operations applied for and indicated in the approve d drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications or conditions of this permit constitutes grounds for revocation and enforcement action by the Department. [62-620.610(2), F.A.C.] STA-1W Transect Sampling Sites.

Station Latitude Longitude Impacted/Unimpacted

LOXA-104 26.597982 -80.440045 Rim Canal

LOXA-104.5 26.594111 -80.439111 Impacted

LOXA-105 26.591899 -80.436094 Impacted

LOXA-106 26.592206 -80.431281 Impacted

LOXA-107 26.587390 -80.421445 Impacted

LOX-107U 26.581200 -80.412000 Unimpacted

LOXA-108 26.577960 -80.405853 Unimpacted

### C. Limitations of rights. As provided in Subsection 403.087(6), F.S., and Chapter 373,F.S.,the issuance of this permit does not convey any ve sted rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringements of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit

. [62-620.610(3), F.A.C.]

D. Limitations upon title. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trus tees of the Internal Improvement Trust Fund may express State opinion as to title. [62-620.610(4), F.A.C.]

E. Liability. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Departme nt rules, unless specifically authorized by an order from the Department. The permittee shal l take all reasonable st eps to minimize or prevent any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the pe rmitted activity in order to maintain compliance with the conditions of this permit. [62-620.610(5), F.A.C.]

F. Continuing permitted activities. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit. [62-620.610(6), F.A.C.]

G. Operation and maintenance responsibilities. The permittee shall at all times properly operate and maintain the facility and syst ems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit. [62-620.610(7), F.A.C.]

H. Permit changes and duration. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or te rmination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. [62-620.610(8), F.A.C.]

I. Access and inspections. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized repres entative of the Department and authorized EPA personnel, when applicab le, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to

### 1.Enter upon the permittee’s premises where a regulated facility, system, or activity is located or conducted, or where records shall be kept under the conditions of this permit;

2. Have access to and copy any records that sha ll be kept under the conditions of this permit;

3.Inspect the facilities , equipment, practices, or operations regulated or re quired under this permit; and

4.Sample or monitor any substances or parame ters at any location necessary to assure compliance with this permit or Department rules. [62-620.610(9), F.A.C.]

J. Evidence. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information rela ting to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as su ch use is proscribed by Section 403.111, F.S., or Rule 62-620.302, F.A.C. Such evidence shall only be used to the extent that it is consistent with the Florida Rules of Civil Procedure and applicable evidentiary rules. [62-620.610(10), F.A.C.]

K. Additional information. When requested by the Departme nt, the permittee shall within a reasonable time provide any information requ ired by law which is needed to determine whether there is cause for revising, revoking and re issuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department. [62-620.610(11), F.A.C.]

L. Changes in law. Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those
standards addressed i n Rule 62

- 302.500, F.A.C., shall include a re asonable time to obtain or be denied a mixing zone for the new or amended standard. [62-620.610(12), F.A.C.] However, this section cannot be used as a ba sis to extend the time to comply with the the permit’s total phosphorus WQBELs or to obtain a mixing zone to meet the total phosphorus water quality criterion.

M. Fees. The permittee, in accepting this permit, agrees to pay the applicable regulatory program
and surveillance fee in accordan ce with Rule 62-4.052, F.A.C. [62-620.610(13), F.A.C.]

N. Transferability. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the transfer is approved by the Department. [62-620.610(14), F.A.C.]

### O. Notice of inactivation or abandonment. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following
inactivation or abandonment. [62-620.610(15), F.A.C.]

P. Permit revision for modifications. The permittee shall apply for a revision to the Department permit in accordance with Rule 62-620.300 and the Department of
Environmental Protection Guide to Wastew ater Permitting at least 90 days before construction of any planned substantial modifi cations to the permitted facility is to commence or with Rule 62-620.325(2), F.A.C., for minor modifications to the permitted facility. A revised permit shall be obtained be fore construction begins except as provided in Rule 62-620.300, F.A.C. [62-620.610(16), F.A.C.]

Q. Noncompliance due to facility changes. The permittee shall give advance notice to the Department of any planned changes in the perm itted facility or activity which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following
information:

1.A description of the an ticipated noncompliance;

2.The period of the anticipated noncom pliance, including da tes and times; and

3.Steps being taken to prevent futu re occurrence of the noncompliance. [62-620.610(17), F.A.C.]

R. Sampling and monitoring data. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate.

1.Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discharge Monitori ng Report (DMR), DEP Form 62-620.910(10).

2.If the permittee monitors any contaminate more frequently than re quired by the permit, using Department approved test pr ocedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR.

3.Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit.

4.Any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health and Rehabilitative Services (DHRS) under Chapter 10D41, F.A.C., to perform the test. In domestic wastewater facilities, the on-site tests for dissolved oxygen, pH, and total ch lorine residual shall be perfo rmed by a laboratory certified test for those parameters or under the direc tion of an operator certified under Chapter 61E12- 41, F.A.C.

### 5. Under Chapter 62-160, F.A.C., sample coll ection shall be performed by following he protocols outlined in “DER Standard Operating Procedures for Laboratory Operations and Sample Collection Activities” (DER-QA-001/92). Alternatively, sample collection may be performed by an organization who has an approved Comprehensive Quality Assurance Plan (ComQAP)on file with the depa rtment. The compQAP shall be approved for collection of samples from the required matri ces and for the required tests. [62-620.610(18), F.A.C.]

S. Reporting noncompliance. Reports of compliance or nonc ompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule
date. [62-620.610(19), F.A.C.]

T. Noncompliance endangering environment. The permittee shall report to the Department any noncompliance which may enda nger health or the environment. Any information shall be provided orally within 24 hours from th e time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain: a description of the noncomplian ce and its cause; the period of noncompliance including exact dates and time, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, e liminate, and prevent recurrence of the noncompliance.

1. The following shall be included as informa tion which must be reported within 24 hours
under this condition:

a. Any unanticipated bypa ss which causes any reclaime d water or effluent to exceed any permit limitation or results in an unpermitted discharge,

b. Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit,

c. Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice, and

d. Any unauthorized discharge to surface or ground waters.

2. If the oral report has been received with in 24 hours, the noncompliance has been corrected, and the noncomplian ce did not endanger health or the environment, the Department’s Southeast District Offi ce shall waive the written report. [62-620.610(20), F.A.C.]

U. Other noncompliance. The permittee shall report all instances of noncompliance not reported under Conditions VIII. 18 and 19 of th is permit at the time monitoring reports are submitted. This report shall contain the same information required by Condition VIII. 20. of this permit. [62-620.610(21), F.A.C.]

### V. Bypass Provisions.

1. The term “bypass” shall mean the intentional diversion of waste streams from a portion of
the treatment works. Th e term “bypass” does not include waters d iverted around the
entire STA

- 1W Project. Because of the hydrologic relationship between STA

- 1W and the
Loxahatchee national Wildlife Ref uge, “bypass” is not expected to occur at this facility.

7. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that:

a. Bypass was unavoidable to prevent loss of lif e, personal injury, or severe property damage; and

b. There were no feasible alte rnatives to the bypa ss, such as the use of auxiliary treatment facilities, retention of untreat ed wastes, or maintenance during normal periods of equipment downtime. This cond ition is not satisfied if adequate backup equipment should have been installed in the exercise of r easonable engineering judgment to prevent a bypass which occurr ed during normal periods of equipment downtime or preventative maintenance; and

c. The permittee submitted notices as requi red under Condition VIII.V.3. of this permit.

8. If the permittee knows in advanc e of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in Condition VIII.T of this permit. A notice shall include a description of the bypass and its cause; the period of th e bypass, including exact dates and times; if the bypass has not been corrected, the anticipa ted time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.

9. The Department shall approve an anticipated bypass, after consideri ng its adverse effect, if the permittee demonstrates that it will m eet the three conditions listed in Condition VIII V.2. a through c of this permit.

10. A permittee may allow any bypass to occur wh ich does not cause reclaimed water or
effluent limitations to be exceeded if it is fo r essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Condition VIII.V.2. a. through c. of this permit. [62-620.610(22), F.A.C.]

W. Upset Provisions

1. A permittee who wishes to establish the affi rmative defense of upset shall demonstrate, through properly signed contemporaneous operati ng logs, or other relevant evidence that:

a. An upset occurred and that the permittee can identify the cause(s) of the upset;

### b. The permitted facility was at the time being properly operated;

c. The permittee submitted notice of the upset as required in Condition VIII.T and T. of this permit; and

d. The permittee complied with any remedial measures required under Condition VIII.E. and T. of this permit.

2. In any enforcement proceeding, the permittee seek ing to establish the occurrence of an upset has the burden of proof.

3. Before an enforcement proceeding is institute d, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review. [62-620.610(23), F.A.C.]

Executed in Tallahassee, Florida
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION

____________________________________ David B. Struhs Secretary

DATE: May 11, 1999

### STATE OF FLORIDA
INDUSTRIAL WASTEWATER FACILITY PERMIT

PERMITTEE: PERMIT NUMBER: FL0177946 South Florida Water Management District PA FILE NO.: FL0177946-003-IW7A (MINOR)
3301 Gun Club Road ISSUANCE DATE: September 4, 2007 West Palm Beach, FL. 33406 EXPIRATION DATE: September 4, 2012

RESPONSIBLE AUTHORITY:

Ms. Carol Ann Wehle
Executive Director

FACILITY:
Stormwater Treatment Area 2 (STA-2)
Palm Beach County
Latitude: 26° 22’ 42” N Longitude: 80° 30’ 30” W

This permit is issued under the provisions of Chapter 40 3, Florida Statutes (F.S.) and applicable rules of the Florida Administrative Code (F.A.C.) and constitutes auth orization to discharge to waters of the State under the National Pollutant Discharge Elimination System (NPDES). Thi s permit is accompanied by an Administrative Order (Order), AO

- 010

- EV, pursuant to Subsections 403.088 (2)(e) and (f), F.S. Compliance with AO

- 010

- EV is a specific requirement of this permit. The above named permittee is hereby authorized to construct and operate the facilities required by this permit shown on the application and other documents attached hereto or on file with the Department and made a part hereof

.

PROJECT DESCRIPTION:

This permit authorizes the continued construction, operation and maintenance of Stormwater Treatment Area (STA) 2. Initial construction and operation of this facility was previously authorized and completed under Florida Department of Environmental Prot ection (Department) National Pollution Discharge Elimination Program (NPDES) Permit No.: FL0177946-001-IW7A and Everglades Forever Act (EFA) Permit No. 0126704-001. STA-2 is a part of the Everglades Construction Project (ECP), construction, operation, and maintenance of which is required by the EFA, Section 373.4592, F.S. The STA-2 project (Figure 1) consists of the S-5A Basin Runoff Diversion Works, the S-6 Diversion Works, the STA-2 Supply Canal Works, the STA-2 Inflow Works, the STA-2 Interior Works, the STA-2 Discharge Works, the G-335 Pump Station, and the Water Conservation Area 2A (WCA 2A) Hydropattern Restoration Works, as more particularly described in the Fact Sh eet. In addition to existing operation and maintenance activities, this permit also authorizes constructio n, operation, and maintenance of additional featur es approved by the Department under the Everglades Protection Area Tributary Basins Long

- Term Plan for Achieving Water Quality Goals (Long

- Term Plan) and subsequent revisions, as defined in the Everglades Forever Act (EFA) Section 373.4592, Florida Statute s (F.S.) requirements specified herein . The Long

- Term Plan includes structural, vegetative and operational enhancements for STA

- 2 to improve hydraulic distribution and phosphorus removal performance. STA-2 is a Stormwater Management System (SMS) as defined in Subsection 373.403(10), F.S. , and therefore is not subject to state surface water quality standards within STA-2 pursuant to Subsection 373.4142, F.S.

EFFLUENT DISPOSAL:

This permit authorizes the di scharge of treated stormwater nonprocess wastewater from an 8,330 acres constructed wetland system (STA-2) to Water Conservation Area 2A (WCA-2A) Hydropattern RestorationPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 2 of 19

2 Works. Treated water from STA-2 will be discharged into the L-6 Borrow Canal from the G-335 OutflowPumping Stations. Once discharged into the L-6 Borrow Canal, the treated water is released into the WCA2A through the Hydropattern Restor ation Works. All of the surface wa ters and wetlands located within
WCA-2A are Class III Fresh waters.

Surface Water Discharge:

An existing discharge to the L-6 Borrow Canal (Class III Fresh waters), monitoring group D-001 (G-335), is located approximately at latitude 26 ° 22' 42" N, longitude 80 ° 30' 30" W.

IN ACCORDANCE WITH:

The limitations, monitoring requirements, and other conditions as set forth in Part I through Part VIII on pages 3 through 14 of this permit.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 3 of 19

3 I. Effluent Limitations and Monitoring Requirements

A. Surface Water Discharges

1. During the period beginning on the permit effective date and lasting through the expiration date of this permit, the permittee is author ized to discharge stormwater non-process wastewaterfrom Outfall D001. Such discharge shall be limited and monitored by the permittee as specified below.

Discharge Limitations Monitoring Requirements

Parameters (units) Daily
Minimum Daily
Maximum Annual Average Other Monitoring Frequency Sample Type Sample
Point

Not to exceed 10 as a geometric mean (GM) annual

average in more
than two consecutive years * 18 as a flowweighted mean (FWM)
annual

average * Phosphorus, Total (as P) (ppb) -- --

See I.A.5 Weekly GM – based on grab samples
collected

when discharge

occurs

FWM - 7- day flow proportioned

composite EFF-1

Phosphorus, Total (as P) (ppb) -- -- Report 1 **

See I.A.6. Weekly 7-day flow proportioned

composite INT-1, INT2

Oxygen, Dissolved

(DO), (mg/L) See I.A.7 Weekly Grab (Meter) EFF-1

Oxygen, Dissolved

(DO), (mg/L) Report Weekly Grab (Meter) INT-1, INT2

Flow (cfs) -- Report Report

See I.A.6 Continuous Recorder EFF-1, INT1, INT-2

pH (SU) 6.0 8.5 -- Weekly Grab (Meter) EFF-1

1 * All EFF TP m onitoring results for this parameter shall be reported as separate weekly values without rounding to whole numbers. The results shall also be reported as FWM annual averages that are calculated based on the FWM of the weekly values. The resul ts shall also be reported as GM monthly average and as an annual averages that are calculated ba sed on all sample point weekly values collected when discharge occurs in the previous 12 months. All FWM and GM annual averages shall be reported to the nearest who le number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall be reported as 10 ppb). The “monthly average” is a flow

- weighted mean of the weekly effluent samples. The “annual average” shall be computed for each water year (May

- April) and is equal to the
flow

- weighted mean concentration for the water year.

** All SWU TP monitoring results shall be reporte d as separate weekly values without roun ding to whole numbers. All results shall also be reported as monthly averages a nd as FWM annual averages. The monthly averages and FWM annual averages shall be calculated based on the FWM of the weekly values and shall be reported to the nearest whole number (i.e., 10.5 ppb shall be rep orted as 11 ppb; 10.49 ppb shall be reported as 10 ppb).

2 The 10 ppb effluent limit represents the phosphorus criterion set forth in Rule 62

- 302.540(4)(a), F.A.C. and is consistent with Section 301(b)(1)(C) of the CWA. A water quality ba sed effluent limitation (WQBEL) for phosphorus will be established in
accordance with Rule 62

- 650 F.A.C. and Secti on 373.4592 Florida Statutes by Decemb er 31, 2010 and will be a major permit modification. It is recognized that the ultimate WQBEL to be developed may be higher than a flow

- weighted mean of 10 ppb. The antibacksliding provisions of the CWA and NPDES regulations do not apply to an effluent limitati on with a delayed compliance da te, until the date of compliance. In this case, restrictions on backsliding would not apply to the 10 ppb permit effl uent limit until the established WQBEL takes effect at the end of the compliance schedule.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 4 of 19

4 2. Effluent samples shall be taken at the monitoring site locations listed in permit condition I.A.1 and as
described below:

Sample Point Description of Monitoring Location

EFF-1 Sampling location for Outfall D-001 at the G-335 Pump Station

INT-1 Inflow monitoring location at the G-328 Pump Station

INT-2 Inflow monitoring location at the S-6 Pump Station

3. There shall be no discharge of floating solids or visible foam in other than trace amounts. This provision shall not be interpreted to prevent discharges of constituents normally found in or resulting from marsh wetland systems.

4. The discharge shall not cause a visible sheen on th e receiving water. This provision shall not be interpreted to prevent discharges of constituents normally found in or resulting from marsh wetland
systems.

5. The discharge shall not cause phosphorus concentrations in the receiving waters to be altered so as to cause or contribute to an imbalance in natural populations of aquatic flora or fauna. The discharge shall not cause phosphorus concentrations in the receiving wa ters to exceed the criteria in Rule 62-302.540(4)(a), F.A.C., except as authorized in the accompanying Order AO

- 010

- E V which is hereby incorporated by
reference

. Beginning at the end of April after the permit effective date and at the end of each April thereafter, the permittee shall report the FWM annual average using data it collected for the prior 12 months. Beginning at the end of April after the permit effective date and at the end of each April thereafter, the permittee shall report the GM annual average using data it collected for each of the prior 3

years.

6. In the year following any two consecutive years where the TP GM annual average exceeds 10 ppb, the permittee shall report quarterly the GM of all monthly TP values for that year. If that mean exceeds 10 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that mean is as high as it is and the specific steps it is taking to
ensure that the TP GM for th at year will no t exceed 10 ppb.

For the TP FWM WQBEL, the permittee shall report qua rterly the average of all monthly FWMs for that year. If that average exceeds 18 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that average is as high as it is and the specific steps it is taking to ensure that the TP FWM annual average for that year will not exceed 18 ppb.

7. If the facility does not meet the FWM WQBEL in an y year, the permittee shall report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 18 ppb). If the facility does not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 10 ppb) for that year and the previous two years.

8. TP s amples taken in accordance with Section I.A.1 and submitted monthly as part of the Discharge Monitoring Report (DMR) shall be anal yzed to provide an annual assessment in the Annual Report required in Part I.E.7 as to whether the facility is operating w ithin or outside the operational envelope. ThePermittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 5 of 19

5 assessment shall be based on annual inflow volumes and phosphorus loads and shall compare flows and loads to the corresponding average values contained in the operational envelope described in Exhibit A (Goforth et al, 2007). If the an nual inflow volumes or phosphorus loads exceed the corresponding average values of the operational envelope during an annual compliance period, the District shall conduct a review of potential causes and include this review in the annual report. Departmental concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply releases that would result in an
exceedance of the maximum levels of flow or phosphorus load contai ned in the operational envelope.

9. The dissolved oxygen parameter shall meet the requirements set forth in the Everglades Marsh Dissolved Oxygen Site Specific Alternative Criteri a (DO SSAC, Exhibit B). Compliance with the DO SSAC shall be evaluated annually using a statistical an alysis to compare dissolved oxygen levels within facility discharges to predicted model values. Th e specific methods for determining compliance are set forth in the DO SSAC which was adopted by Secretarial Order on January 26, 2004, and approved by the U.S. Environmental Protection Agency as a revision to the State of Florida’s water quality standards on June 16, 2004.

B. Underground Injection Control Systems

1. This section is not applicable to this facility.

C. Land Application Systems

1. This section is not applicable to this facility.

D. Other Methods of Disposal or Recycling

1. There shall be no discharge of indu strial wastewater from this fac ility to ground or surface waters, except as authorized by this permit.

E. Other Limitations and Moni toring and Reporting Requirements
1. The sample collection, analytical test methods and method detection limits (MDLs) applicable to this permit shall be in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. The list of Department established analytical methods and corresponding MDLs and PQLs (practical quantification limits), which is titled “Florida Department of Environmental Protection Table as Required By Rule 62-4.246(4) Testing Methods for Discharges to Surface Water” dated April 25, 2006, is available from the Department at http://www.dep.state.fl.us /labs/guidance/index.htm . The MDLs and PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values and the Departme nt shall not accept results for which the laboratory's MDLs or PQ Ls are greater than those descri bed above unless alternate MDLs and/or PQLs have been specifically approved by the Department for this permit. Any method included in the list may be used for reporting as long as it meets the following requirements:

a. The laboratory’s reported MDL and PQL values fo r the particular method must be equal or less than the corresponding method values specified in the Department’s approved MDL and PQL list;

b. The laboratory reported MDL for the specific parame ter is less than or equal to the permit limit or the applicable water quality criteria, if any, stated in Chapter 62-302, F. A.C. Parameters that are listed as “report only” in the permit shall use methods that provide a PQL, which is equal to or less than the applicable water quality cr iteria stated in 62-302 F.A.C.; and

c. If the MDLs for all methods available in the approved list are above the stated permit limit or applicable water quality criteria for that parameter, then the me thod with the lowest stated MDL
shall be used.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 6 of 19

6 Where the analytical results are below method de tection or practical quantification limits, the permittee shall report the actual laboratory MDL an d/or PQL values for the analyses that were performed following the instructions on the applicable discharge monitoring report.

Where necessary, the permittee may request appr oval of alternate method s or for alternative MDLs and PQLs for any approved analytical method. Approval of alternate laboratory MDLs or PQLs is not necessary if the laboratory reported MDLs and PQLs are less than or equal to the permit limit or the applicable water quality criteri a, if any, stated in Chapter 62-302, F.A.C. Approval of an analytical method not included in the above refere nced list is not necessary if the analytical method is in accordance with 40 CFR 136

2. Parameters which must be monitored as a result of a surface water discharge shall be analyzed using a sufficiently sensitive meth od in accordance with 40 CFR Part 136. Field measurement methods for pH and dissolved oxygen shall be in accordance with relevant sections in DEP SOP 001/01, 2/1/2004.

3. Herbicide use is authorized for maintenance pur poses if the use is in accordance with the labeled instructions and any applicable St ate permit. Discharge of any prod uct registered under the Federal Insecticide, Fungicide and Rodenticide Act to any waste stream, which ultimately may be released to waters of the State, is prohibited unless specifically authorized by this permit and documented in the
administrative record.

The permittee shall notify the Department in writing at the address listed in Condition I.E.6 no later than three months prior to instituting use of any chem ical in any portion of the treatment system which is not already authorized by this permit and may be toxic to aquatic life. The Department shall review the above information to determine if a permit revision is necessary. Such notification shall include:

a. Name of chemical;
b. Chemical manufacturer;

c. Frequency of use; and,
d. Quantities to be used.

4. Diversion Bypass , as described in the Fact Sheet, may occur during the operation of STA-2. The District shall notify the Department within 48 hours of any unanticipated diversions bypasses of flow through the G-338 and/or G-339 gated structures and the District shall notify the Department as soon as practicable in advance of anticipated diversions bypasses , with the exception of routine maintenance and irrigation withdrawals through G-328. The submitted notification shall include a description of the
circumstances related to the diversion bypass and a projection of the anticipated duration of the bypass
di version . All diversions bypasses occurring through the G-338 and G-339 structures shall be monitored for the parameters listed in the table below. As soon as practicable after cessation of all bypasses
diversions , the District shall submit a summary of the data collected from the table below and identify the
duration of the bypasses diversions

. Bypasses shall be limited to the shortest time possible and are not allowed solely to achieve the WQBEL. Bypasses are subject to and must meet the requirements of Items VIII.20, 21, and 22 of this permit.

Parameter/ Station Units Sample Type Frequency Total Phosphorus collected at S-6 Pump
Station mg/l Grab Weekly

Flow at G-338 and/ or
G-339 structures CFS Calculated Daily AveragePermittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 7 of 19

7 5. Monitoring requirements under this permit are effective on the first day of the second month following permit issuance. Until such time, the permittee shall continue to m onitor and report in accordance with previously effective permit requirements, if any. During the period of operation authorized by this permit, the permittee shall complete and submit Di scharge Monitoring Reports (DMRs) in accordance with the frequencies specified by the REPORT type below and indicated on the DMR forms. Monitoring results for each monitoring period sha ll be submitted in accordance with the associated DMR due dates to the address specified below.

REPORT Type
On DMR Monitoring Period DMR Due Date

Monthly 1 first day of month – last day of month 28 th day of the third month following the month of sampling Annual May – April 28 th day of July

Florida Department of Environmental Protection Wastewater Compliance Evaluatio n Section, Mail Station 3551 Twin Towers Office Building
2600 Blair Stone Road Tallahassee, Florida 32399-2400

6. Unless specified otherwise in this permit, all reports and notifications required by this permit, including twenty-four hour notifications shall be submitted to or reported to the Department’s
Tallahassee Office and the Southeast District Office at the address specified below:

Florida Department of Environmental Protection Division of Water Resource Management Water Quality Standards & Special Projects Program
2600 Blair Stone Road Tallahassee, FL 32399-2400 Phone Number - (850) 245-8422 Fax Number* - (850) 412-0658

AND

Florida Department of Environmental Protection
Southeast District Office 400 N. Congress Avenue West Palm Beach, FL 33416-5425 Phone Number - (561) 681-6600 Fax Number* - (561) 681-6755
*All FAX copies shall be followed by original copies.

7. The permittee shall submit an Annual Report (the South Florida Environmental Report) demonstrating compliance with the terms of this permit and according to the schedule as set forth in Section VI.1. The Annual Report shall provide details regarding the status of implementation of the requirements of improvements, enhancements, and strategies identified in this permit. Specifically, the report shall include details regarding:

1 DMRs shall be submitted for each required mon itoring period including months of no discharge.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 8 of 19

8 a. Implementation of the WQBEL and activities required by this permit and affecting flows and loads to STA-2;

b. source control implementation and optimization;

c. STA design modifications affecting implementation of the WQBEL and activities required by this permit;

d. improvements, enhancements, and strategies that have been initiated and/or completed within the previous year;

e. any delays in the implementation of the requirements of this permit, improvements, enhancements, or strategies

, and the duration of the delays , the reason(s) for the delays, and the expected timeframe for their resolution;

f. the implementation status of STA Recovery Plans operational status of the STA ;

g. whether revisions and/or additions to the requirements of this permit improvements, enhancements, and strategies are recommended whether the facility is achieving the ef fluent
limitations set forth in the TBEL and/or ;

h. For any noncompliance with permit conditions, an evaluation of the cause(s) and implementation of remedial measures;

i. For each downstream transect station, a compilation of the water quality, sediment, and vegetation monitoring data co l lected, as appropriate, and an assessment of whether the cum u lative impact remained unchanged, improved, or worsened from the previous year/monitoring;

j. An assessment of the inflow volumes and phosphorus loads during the year relative to the anticipated operational envelope contained in the Technical Support Document for the STA-2; and

k. Whether the facility was operated with in or outside of the operational envelope

.

All reports and other information shall be signed in accordance with requirements of Rule 62-620.305,
F.A.C.

8. The permittee shall provide safe access points for ob taining representative samples which are required by this permit.

9. Upon demonstration that a specific parameter(s) is consistently shown to be undetected in the effluent, the permittee may request a modification to the monitoring program as appropriate. A minimum of one year of data, for those parameters being sampled qua rterly or more frequently, shall be required prior to the Department approving any modification to the monitoring program. The Department may approve a reduction of the monitoring frequency or waive the monitoring requirement for parameters which are consistently shown to be undetected in the effluent.

10. The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under the Endangered Species Act or Migratory Bird Treaty Act. The report should include the species involved, an estimate of the number of individuals involved, actions taken to avoid deleterious impacts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estimate of when facility operation will no longer be impacted or constrained.

II. Industrial Sludge Management Requirements

1. This section is not applicable to this facility.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 9 of 19

9 III. Ground Water Monitoring Requirements

1. This section is not applicable to this facility.

IV. Other Land Application Requirements

This section is not applicable to this facility.

V. Operation and Ma intenance Requirements

A. Operation of Treatment Facilities

1. The permittee shall ensure that the operation of this facility is as described in the application and supporting documents.

2. The operation of the pollution control facilities described in this permit shall be under the supervision of a person who is qualified by formal training and/or practical experience in the field of water pollution control.

3. Activities such as ongoing maintenance may have adverse impacts on STA performance. In addition, major events may compromise the struct ural integrity or perf ormance of the STA or section(s) of the STA. Such activities or events will be subject to the planned changes, bypass, and/or upset provisions set forth in Section VIII Paragraphs 17, 22, and 23.

B. Record keeping Requirements:

1. The permittee shall maintain the following records at the South Florida Water Management District’s (District) headquarters office and ma ke them available for inspection:

a. Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certification showing the certification number of the laboratory, for at least three years from th e date the sample or measurement was taken;

b. Copies of all reports, other than those required in items a. and f. of this section, required by the permit for at least three years from the date the re port was prepared, unless otherwise specified by Department rule;

c. Records of all data, including reports and documents used to complete the application for the permit for at least three years from the date the ap plication was filed, unless otherwise specified by Department rule;

d. A copy of the current permit;

e. A copy of any required record drawings;

e. Copies of the logs and schedules showing plant operations and equipment maintenance for three years from the date on the logs or schedule.

VI. Schedules

1. The Annual Report shall be received by the Departme nt no later than March 1 of each year following
the effective date of issuance of this permit. Each Annual Report shall present the information for the previous water year, from May 1 to April 30. Upon approval by the Department, the District mayPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 10 of 19

10 modify the Annual Report submission date to coincide with multiple reporting requirements and time periods needed for data acquisition and analysis.

2. A revised Pollution Prevention Plan (PPP) shall be prepared and implemente d in accordance with the following schedule:

Action Item Scheduled Completion Date

1 Develop and Implement revised Pollution Prevention Plan Completion of scheduled Long

Term Plan enhancements to

STA

- 2 As needed upon completion of and compliance with the requirements of this permit

2. Submittal of revised Pollution Prevention Plan if additional enhancements are implemented Changes that warrant
modifications to the current PPP + 90 days

3. Upon completion of and compliance with the requirements specified herein, the permittee shall submit to the Department an updated Operations Plan for ST A-2. Until the updated Operations Plan is submitted by the permittee and approved by the Department, the previously existing Operations Plan shall remain in
effect.

VII. Other Specific Conditions

A. Specific Conditions Applicable to All Permits

1. Drawings, plans, documents or specifications submitted by the permittee, not attached hereto, but retained on file with the Department, are made a part hereof.

2. Where required by Chapter 471 (P.E.) or Chapter 492 (P.G.) F.S., applicable portions of reports to be submitted under this permit, shall be signed and sealed by the professional(s) who prepared them.

3. This permit satisfies the Industrial Wastewater Program permitting requirements only and does not authorize operation of this facility prior to obtainin g any other permits required by local, state or federal agencies.

B. Specific Conditions Related to Construction

1. Within 30 days of completion of construction, the permittee shall submit to the Department a completed “Certification of Completion of Construction” (DEP Form 62-620.910(12)) signed and sealed by the engineer of record or other engineer registered in the state of Florida.

2. Record drawings shall be prepared and made available in accordance with Rule 62-620.410(6), F.A.C.,
and the Department of Environmental Protection Guide to Wastewater Permitting within six months of placing the facilities into operation.

C. Duty to ReapplyPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 11 of 19

11 1. The permittee shall apply for renewal of this permit at least 180 days before the expiration date of the permit using the appropriate forms listed in Rule 62-620.910, F.A.C., including submittal of the appropriate processing fee set forth in Rule 62-4.050, F.A.C.

D. Specific Conditions Related to the Pollution Prevention Plan

1. A revised PPP shall be prepared, submitted to the Department for review and approval, and implemented in accordance with the schedule set forth in Section VI.12

.

2. The STA-2 Project shall be operated in accordan ce with the existing PPP (Exhibit C) until such time as a revised PPP is approved by the Department. If th e permitted facilities are demonstrated not to be achieving compliance with the requ irements of this permit, the permittee shall submit a modified PPP for Department review and approval as appropriate.

E. Re-opener Clause 1. The permit shall be revised, or alternatively, revoked and reissued in accordance with the provisions contained in Rules 62-620.325 and 62-620.345 F.A.C., if applicable, or to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of the Clean Water Act (the Act), as amende d, if the effluent standards, limitations, or water quality standards so issued or approved:

a. Contains different conditions or is otherwise more stringent than any condition in the permit; or,

b. Controls any pollutant not addressed in this permit.

The permit as revised or reissued under this paragraph shall contain any other requirements of the Act then applicable.

2. The permit may be reopened to adjust effluent limitations or monitoring requirements should future water quality based effluent limitation (WQBEL) de terminations, water quality studies, Department approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement.

3. The Department may develop a Total Maximum Daily Load (TMDL) during the life of the permit. Once a TMDL has been established and adopted by rule, the Department may revise this permit to incorporate the final findings of the TMDL , in accordance with Section 403.067, F.S.

F. Transect Monitoring

The permittee shall conduct monthly monitoring for Total Phosphorus at a series of sites located along
three transects downstream of the STA-2 discharge to characterize the effects of the STA-2 discharge on adjacent marsh areas of WCA-2. Th e table below identifies 14 sampling sites. Of the 14 sites, nine are located in areas currently identified as impacted (i.e., sediment TP c oncentration greater than 500 mg/kg) and five sites located in areas currently identified as unimpacted. Upon demons tration that an additional sampling site or removal of an existing sampling site is warranted, the permittee may request a modification to the monitoring program as appropri ate. The Department an d USEPA shall review and approve such requests on a case by case basis. Any alteration in the monitoring program approved by the Department and USEPA shall occur in the form of a modification to this permit.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 12 of 19

12 All water quality, soil, and vegetation samples will be co llected and reported for th e parameters and at the frequency specified in the SFWMD’s January 20, 2010 ‘Project WCA-2A Monitoring Plan for STA-2 and Compartment B Build-Out Downst ream Monitoring Plan’.

Table: Transect Monitoring Locations

Transect 1

SITE LAT_DEC LONG_DEC Category

2AN.25 26 27 14.34 80 27 23.34 Impacted

2AN1 26 26 50.46 80 27 22.08 Impacted

2AN2 26 26 20.28 80 27 14.47 Impacted

2AN4 26 25 21.48 80 27 01.38 Impacted

2AN5 * 26 24 49.54 80 26 52.69 Unimpacted

2AN6 * 26 24 18.12 80 26 44.08 Unimpacted

2AC0.25 26 25 34.68 80 28 30.90 Impacted

2AC2 26 24 43.39 80 28 16.97 Impacted

2AC4 26 23 42.54 80 28 05.10 Unimpacted

2AC5 * 26 23 9.50 80 28 0.97 Unimpacted

Transect 2

SITE LAT_DEC LONG_DEC Category

2AFS.25 26 20 44.77 80 31 36.59 Impacted

2AFS1 26 20 38.46 80 31 10.320 Impacted

2AFS3 26 20 15.84 80 30 01.62 Impacted

CA 29 26 19 49.28 80 28 42.13 Unimpacted

* Station coordinates are approximate; exact coordinates to be determined

G. Implementation of Source Control Programs.

1. Implementation. The permittee shall continue to implement source control programs in each of the contributing basins in accordance with Chapter 40 E-63, F.A.C. and other applicable programs. Basins that do not presently include source control programs shall be monitored to determine if such programs are necessary in the event that phosphorus loads to the facility from these basins limit the facility or facilities prog ress towards achieving the WQBEL

2. Performance. On an annual basis, the permittee shall evaluate the performan ce of source controls in the contributing basins and include the findings in the annual report required in Item I.E.7. The report shall include phosphorus loads from the basi ns and shall describe trends and compare current loads to those determined necessary to achieve the WQBEL.

3. Improvements. If the WQBEL is not achieved and if the assumed inflow concentration used to develop the Amended Determ ination remedy is exceeded, the permi ttee shall submit, as part of the annual reporting requirements in Item I.E.7, a report explaining the cause(s) for the excess concentration and, if applicable, schedules a nd strategies for source control improvements necessary to achieve the WQBEL.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 13 of 19

13 VIII. General Conditions

1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, F.S. Any permit non-compliance constitutes a violation of Chapter 403, F.S., and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision. [62-620.610(1), F.A.C.]

2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications or conditions of this permit constitutes grounds for revocation and enforcement action by the Department. [62-620.610(2), F.A.C.]

3. As provided in Subsection 403.087(7), F.S., the is suance of this permit do es not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringements of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project, which are not addressed in this permit . [62- 620.610(3), F.A.C.]

4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obta ined from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. [62-620.610(4), F.A.C.]

5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plan t life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall take all reasonable steps to minimize or pr event any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It sha ll not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. [62-620.610(5), F.A.C.]

6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit. [62-620.610(6), F.A.C.]

7. The permittee shall at all times properly operate an d maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by th e permittee to achieve compliance with the conditions of this permit. This prov ision includes the operation of backup or auxiliary facilities or similar systems when necessary to main tain or achieve complian ce with the conditions of the permit. [62-620.610(7), F.A.C.]

8. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and re issuance, or termination, or a notification of planned changes or anticipated non-compliance does not stay any permit condition. [62-620.610(8), F.A.C.]

9. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department and authorized U.S. Environmental Protection Agency (EPA) personnel, when applicab le, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to:Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 14 of 19

14 a. Enter upon the permittee’s premises where a regulated facility, system, or activity is located or conducted, or where r ecords shall be kept under the conditions of this permit; b. Have access to and copy any records that sh all be kept under the conditions of this permit; c. Inspect the facilities, equipment, practices, or operations regulated or required under this permit;
and d. Sample or monitor any substances or parame ters at any location necessary to assure compliance with this permit or Department rules. [62-620.610(9), F.A.C.]

10. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, Florida Statutes, or Rule 62-620.302, F.A.C. Such evidence shall only be used to the extent that it is consis tent with the Florida Rules of Civil Procedure and applicable evidentiary rules. [62-620.610(10), F.A.C.]

11. When requested by the Department, the permittee shall within a reasonable time provide any information required by law, which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department. [62-620.610(11), F.A.C.]

12. Unless specifically stated otherwise in Department rules, the permittee, in accep ting this permit, agrees to comply with changes in Department rules an d Florida Statutes after a reasonable time for compliance; provided however, th e permittee does not waive any ot her rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addre ssed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. [62- 620.610(12), F.A.C.] However, this section cannot be used as a basis to extend the time to comply with the permit’s total phosphorus WQBELs or to obtain a mixing zone to meet the total phosphorus water quality criterion.

13. The permittee, in accepting this permit, agrees to pay the app licable regulatory program and surveillance fee in accordance with Rule 62-4.052, F.A.C. [62-620.610(13), F.A.C.]

14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee shall be liable for any non-compliance of the permitted activity until the Department approves the transfer. [62-620.610(14), F.A.C.]

15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. [62-620.610(15), F.A.C.]

16. The permittee shall apply for a revision to the De partment permit in accordance with Rule 62-620.300, F.A.C., and the Department of Environmental Protection Guide to Wastewater Permitting at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with Rule 62-620.325(2), F.A.C., for minor modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300,
F.A.C. [62-620.610(16), F.A.C.]Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 15 of 19

15 17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in non-compliance with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information:

a. A description of the anticipated non-compliance; b. The period of the anticipated non-compliance, including dates and times; and c. Steps being taken to prevent futu re occurrence of the non-compliance. [62-620.610(17), F.A.C.]

18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. a. Monitoring results shall be reported at the inte rvals specified elsewhere in this permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), or as specified elsewhere in the permit. b. If the permittee monitors any contaminate more frequently than required by the permit, using Department approved test procedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit. d. Except as specifically provide in Rule 62-160 .300, F.A.C., any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health Environmental Laboratory Certification Program (D OH ELCP). Such certification shall be for the matrix, test method and analyte(s) being measur ed to comply with this permit. For domestic wastewater facilities, testing for parameters lis ted in Rule 62-160.300(4), F.A.C., shall be
conducted under the directio n of a certified operator. e. Fields activities including on-site tests and sample collection shall follow the applicable standard procedures described in DEP-SOP-001/01 adopted by reference in Chapter 62-160, F.A.C. f. Alternate field procedures and laboratory methods may be used where they have been approved in
accordance with Rule s 62-160.220 and 62- 160.330, F.A.C. [62-620.610(18), F.A.C.]

19. Reports of compliance or non-compliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date. [62-620.610(19), F.A.C.]

20. The permittee shall report to the Department’s Ta llahassee Office and the Sout heast District Office any non-compliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permit tee becomes aware of the circumstances. The written submission shall contain: a description of the non-compliance and its cause; the period of non-complian ce including exact dates and time, and if the non-compliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurr ence of the non-compliance.

a. The following shall be included as information which must be reported within 24 hours under this
condition:

(1) Any unanticipated bypass which causes any recl aimed water or effluent to exceed any permit limitation or results in an unpermitted discharge, (2) Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit, (3) Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice, and (4) Any unauthorized discharge to surface or ground waters.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 16 of 19

16 b. Oral reports as required by this subsection shall be provided as follows: (1) For unauthorized releases or spills of untreated or treated wastewater reported pursuant to subparagraph a.(4) that are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calli ng the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519, as soon as practical, but no later than 24 hours from the time the permittee becomes aware of the di scharge. The permittee, to the extent known, shall provide the following information to the State Warning Point: (a) Name, address, and telephone number of person reporting; (b) Name, address, and telephone number of permittee or responsible person for the discharge; (c) Date and time of the discharge and st atus of discharge (o ngoing or ceased); (d) Characteristics of the wastewat er spilled or released (untreated or treated, industrial or domestic wastewater); (e) Estimated amount of the discharge; (f) Location or address of the discharge; (g) Source and cause of the discharge; (h) Whether the discharge was contained on-site, and cleanup actions taken to date; (i) Description of area affected by the discharge, including name of water body affected, if any; and (j) Other persons or agencies contacted. (2) Oral reports, not otherwise required to be provided pursuant to subparagraph b(1) above, shall be provided to Department’s Southeast District Office within 24 hours from the time the permittee becomes aware of the circumstances. c. If the oral report has been received within 24 hours, the non-compliance has been corrected, and the non-compliance did not endanger health or the environment, the Department’s Southeast District Office shall waive the written report. [62-620.610(20), F.A.C.]

21. The permittee shall report all instances of non-comp liance not reported under Conditions VIII. 17., 18., 19. and 20. of this permit at the time monitoring reports are submitted. This report shall contain the same information required by Condition VIII. 20. of this permit. [62-620.610(21), F.A.C.]

22. Bypass Provisions. The term “bypass” shall mean the inten tional diversion of waste streams from any portion of the treatment works. a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
and (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or ma intenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (3) The permittee submitted notices as required under Condition VIII.22.b. of this permit. b. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in Condition VIII.20. of this permit. A notice shall in clude a description of the bypass and its cause; the period of the bypass, including exact dates an d times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. c. The Department shall approve an anticipated bypass, after consid ering its adverse effect, if the permittee demonstrates that it will meet the three conditions listed in Condition VIII.22 a. (1) through (3) of this permit.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 17 of 19

17 d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Co ndition VIII.22.a. through c. of this permit. [62-620.610(22), F.A.C.]

23. Upset Provisions. a. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permi ttee can identify the ca use(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in Condition VIII.20. of this permit;
and (4) The permittee complied with any remedial m easures required under Condition VIII.5. of this permit. b. In any enforcement proceeding, the burden of proof for establishi ng occurrence of an upset rests with the permittee. c. Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that non-compliance was caused by an upset is final agency action subject to judicial review. [62-620.610(23), F.A.C.]

DONE AND ORDERED on this 4 th day of September, 2007 in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

____________________________________________ Michael W. Sole Secretary

MS/jb/jh

FILING AND ACKNOWLEDGMENT

FILED, on this date, under Section 120.52, F.S., with the designated de puty clerk, receipt of which is hereby acknowledged.

_____________________________________________________ Clerk Date

PARTIES REQUESTING NOTICE:

Miccosukee Tribe of Indians of Flor ida, c/o Dexter Lehtinen, Esq.
Miccosukee Tribe of Indians of Fl orida, c/o Kelly Brooks, Esq. United States Sugar Corporation, c/o Bubba Wade Seminole Tribe of Indians of Florida, c/o Stephen A. Walker, Esq. Sugar Cane Growers Cooperative, Roth Farms, Inc., and Wedgeworth Farms, Inc.,Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 18 of 19

18 c/o William H. Green, Esq. Keith Saxe, Esq., U. S. Department of Justice Michael Stevens, U.S. Depart ment of the Interior (fax) Jeffrey J. Ward, Sugar Cane Growers Cooperative Philip S. Parsons, Landers & Parsons Helen Hickman, Brown & Caldwell Tom MacVicar, MacVicar, Frederico, & Lamb Charles Lee, Florida Audubon Society Samuel B. Reiner, II, Esq., Lehtinen O’ Donnell, Vargas & Reiner, P.A. Michelle W. Smith, Esq., Earl, Blank, Cavanaugh & Stotts

COPIES FURNISHED TO:

Sharon Fauver, U.S. Fish and Wildlife Service Susan Teel, U.S. Fish and Wildlife Service Jeff Bielling, FL. Dept. of Community Affairs Linda McCarthy, FL. Dept. of Agriculture Charles Oravetz, Nat. Marine Fisheries Service Don Klima, U.S. Advisory Council on Historic Preservation John Childe, Friends of the Everglades David Reiner, Friends of the Everglades Col. Paul Grosskruger, USACOE, Jacksonville Dennis Duke, USACOE, Jacksonville Peter Bestrukschko, USACOE, Jacksonville Eric Bush, USACOE, Jacksonville Richard Harvey, USEPA, West Palm Beach Philip Mancusi-Ungaro, Esq., USEPA, Atlanta Roosevelt Childress, USEPA, Atlanta Marshall Hyatt, USEPA Atlanta Dan Scheidt, USEPA, Athens Eric Hughes, USEPA, Jacksonville Janet Bussell, The Everglades Foundation Mike Waldon, Loxahatchee National Wildlife Refuge Matt Harwell, Loxahatchee National Wildlife Refuge Mike Zimmerman, Everglades National Park Ken Haddad, Florida Fish and Wildlife Conservation Commission Joe Walsh, Florida Fish and Wildlife Conservation Commission, Vero Beach
ADDITIONAL COPIES FURNISHED TO: Eric Eikenberg, Governor’s Office Carol Wehle, SFWMD, West Palm Beach Chip Merriam, SFWMD, West Palm Beach Sheryl Wood, SFWMD, West Palm Beach Terrie Bates, SFWMD, West Palm Beach Ernie Barnett, SFWMD, West Palm Beach Linda Lindstrom, SFWMD, West Palm Beach Dean Powell, SFWMD, West Palm Beach Sean Sculley, SFWMD, West Palm Beach Susan Sylvester, SFWMD, West Palm Beach Deb Drum, SFWMD, West Palm Beach Gary Goforth, Gary Goforth, Inc., Stuart Tracey Piccone, SFWMD, West Palm Beach Tom Kosier, SFWMD, West Palm Beach Jim Galloway, SFWMD, West Palm Beach Ron Bearzotti, SFWMD, West Palm Beach Kirk Burns, Esq., SFWMD, West Palm BeachPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2
File No.: FL0177946-003-IW7A Page 19 of 19

19 John Mitnik, SFWMD, West Palm Beach Maria Clemente, SFWMD, West Palm Beach Delia Ivanoff, SFWMD, West Palm Beach Kathy Pietro, SFWMD, West Palm Beach Juliann LaRock, SFWMD, West Palm Beach Linda Crean, SFWMD, West Palm Beach Joe Albers, SFWMD, West Palm Beach Hongying Zhao, SFWMD, West Palm Beach Guy Germain, SFWMD, West Palm Beach Joseph Jean-Jacques, SFWMD, West Palm Beach Kevin Nicholas, SFWMD, West Palm Beach Nicole Howard, SFWMD, West Palm Beach Greg Knecht, FDEP, Tallahassee John Outland, FDEP, Tallahassee Frank Nearhoof, FDEP, Tallahassee Shelley Yaun, FDEP, Tallahassee Ernie Marks, FDEP, Tallahassee Kenny Hayman, Esq., FDEP, Tallahassee David Crowley, Esq., FDEP, Tallahassee Tom Atkeson, FDEP, Tallahassee William Kennedy, FDEP, West Palm Beach Inger Hansen, FDEP, West Palm Beach

### STATE OF FLORIDA
INDUSTRIAL WASTEWATER FACILITY PERMIT

PERMITTEE: PERMIT NUMBER: FL0300195
PA FILE NUMBER: FL0300195-001-IW1N South Florida Water Management District ISSUANCE DATE: January 9, 2004
3301 Gun Club Road EXPIRATION DATE: January 9, 2009 West Palm Beach, FL 33406

RESPONSIBLE AUTHORITY:

Sharon Trost Deputy Director, Operations Control, Engineering, and Vegetative Management Department

FACILITY:

Stormwater Treatment Area 3/4 (STA-3/4 Project)
Palm Beach and Broward Counties

Latitude: 26° 20’ 12” N Longitude: 80° 32’ 10” W

This permit is issued under the provisions of Chapter 403, Florida Statutes, and applicable rules of the Florida
Administrative Code and constitutes aut horization to discharge to waters of the state under the National Pollutant Discharge Elimination System. The a bove named permittee is hereby author ized to construct and operate the
facilities required by this permit shown on the application and other docum ents attached hereto or on file wi th the Department and made a part hereof and specifically described as follows :

PROJECT DESCRIPTION:

The project is to construct, operate, and maintain Stormwater Treatment Area 3/4 (STA-3/4), the DiversionStructures, Project Inflow Pump Stations, Project Supply Canal, Interior Works, STA-3/4 Discharge Canals, STA3/4 Seepage Collection System, and US 27 New Bridges, collectively known as the STA-3/4 Project. Together these components (also referred to as Associated Work s) will be known as the STA-3/4 Project. The STA-3/4 Project is part of the Everglades Construction Project (E CP), construction, operation, and maintenance of which is required by the Everglades Forever Act (EFA) (Section 373.4592, Florida Statutes).

STA-3/4 is located immediately east of and adjacent to Holey Land Wildlife Ma nagement Area, west of the North New River Canal, and immediately north of and adjacent to WCA-3A. STA-3/4 consists of three parallel treatment paths flowing from north to south that will provide an effective treatment ar ea of 16,544 acres. STA-3/4 is designed to treat an average of approximately 645,222 acre-feet of runoff annually. These stormwaters non-process

wastewaters are currently being discharged untreated primarily to Water Conservation Areas 2A and 3 via the S-7 and S-8 pump stations.PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

2 The treatment cells are designed to have an operational depth of between 6 inches and 4.5 feet to encourage colonization and continued viability by wetland plans and maximize (to the greatest extent possible utilizing available technology) uptake and removal of phosphorus from the stormwater non-process wastewater passing through the cells. Long-term storage of the phosphorus is e xpected to be provided by p eat accretion in STA-3/4.
The treated stormwater non-process wastewater will then be discharged from STA 3/4 to the L-5 Borrow Canal from the G-376 A-F, G-379 A-E and G-381 A-F structures, and subsequently will be pumped to the North New River Canal by means of existing pump stations S-7, to the Miami Canal by existing pump station S-8 and to western WCA-3A by pump station G-404. Treated water from STA 3/4, once discharged into the L-5 Canal can also be released to WCA-3A via structure S-150 when water levels in the canal are higher than the downstream
water level in WCA-3A.

EFFLUENT DISPOSAL:

This permit authorizes the new discharge of treated stormwater non-process wastewater from a 16,544 acre constructed wetland marsh system (STA-3/4 Project) to WCA-2A and WCA-3A. Treated water from STA 3/4 will be discharged into the L-5 Borrow Canal from the G-376 A-F, G-379 A-E and G-381 A-F structures, and subsequently will be pumped to the North New River Canal by means of existing pump stations S-7, to the Miami Canal by existing pump station S-8 and to western WCA-3A by pump station G -404. Treated water from STA 3/4, once discharged into the L-5 Canal can also be released to WCA-3A via structure S-150 when water levels in the canal are higher than the downstream water level in WCA-3A. Waste Storm water treated in the wetland marsh system are pumped, via the G-370 and G-372 inflow pump stations, from the North New River and Miami Canals. Presently, untreated runoff from the S-7/S-2 and S-8/S-3 basins drains into these canals to be routed to the water
conservation areas. Storm water Non-process wastewater runoff from these basins that is currently flowing untreated will, upon completion of the STA, be diverted into the constructed wetland for treatment utilizing natural, passive physical and bi ological processes for nutrient removal and water quality improvement. All of the surface waters and wetlands to be impacted by the c onstruction of the project are Class III Waters.

Surface Water Discharge:

A new discharge to L-5 Canal (Class III Fresh waters ), D-001, via the G-376 A-F structures. The G-376B outfall point of discharge (D-001) is located approximately at latitude 26° 20’ 08” N, longitude 80° 33’ 21” W.

A new discharge to L-5 Canal (Class III Fresh waters ), D-002, via the G-376 A-F structures. The G-376E outfall point of discharge (D-002) is located approximately at latitude 26° 20’ 06” N, longitude 80° 34’ 42” W.

A new discharge to the L-5 canal (Class III Fresh waters), D-003, via the G-379 A-E structures. The G-379B outfall point of discharge (D-003) is located approximately at latitude 26° 20’ 07” N, longitude 80° 36’ 26” W.

A new discharge to the L-5 canal (Class III Fresh waters), D-004, via the G-379 A-E structures. The G-379D outfall point of discharge (D-004) is located approximately at latitude 26° 20’ 23” N, longitude 80° 37’ 25” W.

A new discharge to the L-5 canal (Class III Fresh waters), D-005, via the G-381 A-F structures. The G-381B structure, outfall point of di scharge (D-005) is located approximately at latitude 26° 21’ 35” N, longitude 80°
38’ 55” W.

A new discharge to the L-5 canal (Class III Fresh waters), D-006, via the G-381 A-F structures. The G-381E structure, outfall point of di scharge (D-006) is located approximately at latitude 26° 21’ 48” N, longitude 80°
40’ 24” W.PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

3 IN ACCORDANCE WITH: The limitations, monitoring requirements and other conditions as set forth in Part I through Part VIII on pages 3 through 195 of this permit.



### I. Effluent Limitations and Monitoring Requirements

A. Surface Water Discharges

1. During the period beginning upon placing the system into operation the permit effective date and lasting through the expiration date of this permit, the permittee is authorized to discharg e non process wastewater from Outfalls D-001, D-002, D-003, D-004, D-005, and D-006. Such discharge shall be limited and monitored by the permittee as specified below:

Discharge Limitations Monitoring Requirements

Parameters (units) Daily
Minimum Daily
Maximum Annual Average Other Monitoring Frequency Sample Type Sample
Point

Report Not to
exceed 10 as a geometric mean

(GM) annual average in more
than two consecutive years * 18 as a flowweighted mean (FWM) annual

average * Phosphorus, Total (as

P) (ppb) (MG/L) -- --

(See I.A.57 .) Weekly GM – based on grab samples
collected

when discharge

occurs

FWM - 7- day flow proportioned

composite EFF-1, EFF-2, EFF-3, EFF-4, EFF-5, and

EFF-6

Phosphorus, Total (as

P) (ppb) (MG/L) -- -- Report * * Weekly 7-day flow proportioned

composite SWU-001
& SWU002

Oxygen, Dissolved

(DO) (MG/L) 5.0 -- -- Weekly Meter EFF-1, EFF-2, EFF-3, EFF-4, EFF-5, and

EFF-6

Oxygen, Dissolved

(DO) (MG/L) Report -- -- Weekly Meter SWU-001

& SWU002

Flow (CFS) -- Report Report Continuous Recorder EFF-1, EFF-2, EFF-3, EFF-4, EFF-5, and

EFF-6

pH (SU) 6.0 8.5 -- Weekly Meter EFF-1, EFF-2, EFF-3, EFF-4, EFF-5, and

EFF-6

* All EFF TP m onitoring results for this parameter shall be reported as separate weekly values without r ounding to whole numbers. The results shall also be reported as FWM annual averages that are calculate d based on the FWM of the weekly values. The results shall als o be reported asPERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

4 GM 12 month moving flow

- weighted annual averages that are calculated based on all samp le point weekly values collected when discharge occurs in the previous 12 months. All FWM and GM annual aver ages shall be reported to the nearest whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall be reported as 10 ppb). No violations for t he annual average limit will be deem ed to have occurred until data have been compiled for the first 12 months after the issuance date of the permit. For the firs t 11 months after issuance of th is permit, the monitoring results for this parameter shall be recorded on the DMR as NODI =9. Starting with the 12 th month and lasting until the expiration of this permit, the monitoring resu lts for this parameter shall be recorded on the DMR as a 12

- month moving flow

- weighted average.

** All SWU TP monitoring results shall be reported as separate week ly values without rounding to whole numbers. All results shall also be reported as monthly averages and as FWM annual averages. The m onthly averages and FWM annual averages shall be calculated base d on the FWM of the weekly values and shall be reported to the near est whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 p pb shall be reported as 10 ppb).

2. Effluent samples shall be taken at the monitoring site locations listed in permit cond ition I.A.1 and as described
below:

Sample Point Description of Monitoring Location

EFF-1 Sampling location for Outfall D-001 at the G-376B structure

EFF-2 Sampling location for Outfall D-002 at the G-376E structure

EFF-3 Sampling location for Outfall D-003 at the G-379B structure

EFF-4 Sampling location for Outfall D-004 at the G-379D structure

EFF-5 Sampling location for Outfall D-005 at the G-381B structure

EFF-6 Sampling location for Outfall D-006 at the G-381E structure

SWU-001 Upstream background sampling location at the G-370 Pump Station.

SWU-002 Upstream background sampling location at the G-372 Pump Station.

3. There shall be no discharge of floati ng solids or visible foam in other th an trace amounts. This provision shall not be interpreted to prevent discharges of cons tituents normally found in or resulting from marsh wetland
systems.

4. The discharge shall not cause a visibl e sheen on the receiving water. This provision shall not be interpreted to prevent the discharge of constitu ents normally found in or resulti ng from marsh wetland systems.

5. The discharge shall not cause phosphorus concentrations in the receiving waters to exceed the criteria in Rule 62-302.540(4)(a), F.A.C The discharge shall not cause phosphorus con centrations in the receiving waters to be
altered so as to cause or contribute to an imbalance in natural populations of aquatic flora or fauna. The permittee may not be able to immediately comply with this condition and therefore, this permit is issued pursuant to Subsection 403.088(2)(e) of the Florida Statutes and is consistent with the Everglades Forever Act (EFA), §373.4592, Fla. Stat. By operation of the EFA, a numer ic effluent limit for phosphorus shall be derived in accordance with state policy as c ontained in the EFA, § 373.4592(4 )(e), Fla. Stat., which provides that if the Department does not a dopt by rule a revised phosphorus water quality criterion by no later than December 31, 2003, the numeric criterion for phosphorus shall be 10 pa rts per billion (ppb) in the Everglades Prote ction Area. Upon adoption of a revised criterion or the default criterion b ecoming effective, and upon approval by EPA, an effluent limitation shall be established for this permit, in a manner consistent with the EFA, the federal Consent Decree in
USA v. SFWMD, Case No. 88

- 1886

- CIV

- HOEVELER, as may be modified, and ot her applicable state and federal laws and that recognizes the relations hip between waters discharged to, and the resulting water quality in thePERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

5 Everglades Protection Area. If an effluent limi tation is established for this permit based upon the default criterion, that effluent limitation will be replaced with a new effluent limit based on the approved phosphorus numeric interpretation of the narrative phosphorus criterion once rulemaking for th e phosphorus criterion and an appropriate effluent limitation is promulgated under the requirements of the EFA and the Consent Decree. The new effluent limit will be based on the numeric phosphorus criterion, the associated implementation strategy, and th e relationship between waters discharged to, and the resulting water quality in, the Everglades Protection Area in a manner consistent with the EFA, the federal Consent Decree in USA v. SFWMD, Case No. 88

- 1886

- CIV

- HOEVELER, as may be modified, and other ap plicable state and federal laws. Persons w hose substantial interests are affected by modification of this permit to include a new effluent limitation for phosphorus will be afforded a point of entry under Chapter 120, Florida Statutes. Beginning at the end of April after the permit effective date and at the end of each April thereafter, the permittee sh all report the FWM annual average usi ng data it collected for the prior 12 months. Beginning at the end of April after the permit eff ective date and at the end of each April thereafter, the permittee shall report the GM annual average using data it collected for each of the prior 3 years.

6. In the year following any two consecutive years where the TP GM a nnual average exceeds 10 ppb, the permittee shall report quarterly the GM of all monthly TP values for that year. If that mean exceeds 10 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that mean is as high as it is and the speci fic steps it is taking to ensure that the TP GM for that year will not exceed 10 ppb.

For the TP FWM WQBEL, the permittee shall report quarterly the average of all monthly FWMs for that year. If that average exceeds 18 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that average is as high as it is and the specific steps it is taking to ensure that the TP FWM annua l average for that year will not exceed 18 ppb.

7. If the facility does not meet the FWM WQBEL in any year, the permittee shall repor t the annual load of TP discharged by the STA into the Evergl ades that is in excess of the WQBEL load (based on 18 ppb). If the facility does not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 10 ppb) for that year and the previous two years.

8. TP samples taken in accordance with Section I.A.1 a nd submitted monthly as part of the Discharge Monitoring Report (DMR) shall be analyzed to provide an assessment in the Annual Report required in Part I.E.8 as to whether the facility is operating within or outside the operational envelope. The assessment shall be based on annual inflow volumes and phosphorus loads and shall compare flows and loads to the corresponding average values contained in the operational envelope described in Exhibit A (Goforth et al, 2007). If the annual inflow volumes or phosphorus loads exceed the corresponding average va lues of the operational envelope dur ing an annual compliance period, the District shall conduct a review of potential causes and incl ude this review in the annual report. Departmental concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply releases that would
result in an exceedance of th e maximum levels of flow or phosphorus lo ad contained in the operational envelope.

B. Underground Inject ion Control Systems

1. This section is not applicable to this facility.

C. Land Application Systems

1. This section is not applicable to this facility.PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

6 D. Other Methods of Disposal or Recycling

1. There shall be no discharge of industrial wastewater from this facility to ground or surface waters, except as authorized by this permit.

E. Other Limitations and Moni toring and Reporting Requirements

1. The sample collection, analytical test methods and method detection limits (MDLs) applicable to this permit
shall be in accordance w ith Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. The list of Department established anal ytical methods, and corresponding MDLs (method detection limits) and PQLs (practical quantification limits), which is titled “Florida Department of Environmental Protection Table as Required By Rule 62-4.246(4) Testing Methods for Discharges to Surface Water” dated June 21, 1996, is available from the Department on request. The MDLs and PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values and th e Department shall not accept results for which the laboratory's MDLs or PQLs are greater than those desc ribed above unless alternate MDLs and/or PQLs have been specifically approved by the Department for this permit. Any method included in the list may be used for reporting as long as it meets the following requirements:

a. The laboratory’s reported MDL and PQL values for the particular method must be equal or less than the corresponding method values specified in th e Department’s approved MDL and PQL list;

b. The laboratory reported PQL for the specific parameter is less than or equal to the permit limit or the applicable water quality criteria, if any, stated in Chapter 62-302, F.A.C. Parameters that are listed as “report only” in the permit shall use methods that provide a PQL, which is equal to or less than the applicable water quality criteri a stated in 62-302 FAC; and

c. If the PQLs for all methods available in the approved list are above the stated permit limit or applicable water quality criteria for that parameter, then the method with the lowest stated PQ L shall be used with a U or I qualifier code, as applicable.

Where the analytical results are below method detecti on or practical quantification limits, the permittee shall report the actual laboratory MDL and/or PQL values fo r the analyses that were performed following the instructions on the applicable discharge monitoring report. Approval of alternate laboratory MDLs or PQLs are not necessary if the laboratory reported MDLs and PQLs are less than or equal to the permit limit or the applicable water quality criteria, if any, stated in Chapter 62-302, F.A. C. However, where necessary, the permittee may request approval for alternative methods or for alternative MDLs and PQLs for any approved analytical method, in accordan ce with the criteria of Rules 62-160.520 and 62-160.530, F.A.C.

2. Monitoring requirements under this permit are effectiv e on the first day of the second month following permit issuance. Until such time, the perm ittee shall continue to monitor and report in accordance with previously effective permit requirements, if any. During the peri od of operation authorized by this permit, the permittee shall complete and submit to the Department on a monthly basis Discharge Monitoring Reports (DMRs), Form 62-620.910(10), as attached to this permit. The permittee shall make copies of the attached DMR form(s) and shall submit the completed DMR form(s) to the Department by the twenty-eighth (28 th ) of the third month following the month of sampling at the address specified below:

Florida Department of Environmental Protection Wastewater Compliance Evaluation Section, Mail Station 3551 Twin Towers Office Building
2600 Blair Stone Road Tallahassee, Florida 32399-2400PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

7 If no discharge occurs during the reporting period, samp ling requirements of this permit do not apply. The DMR form(s) shall be submitted as specified above with the statement “No Discharge” written thereon. If, during the term of this permit, the facility ceases opera tion, the Department shall be notified immediately upon cessation of operation. Such notification shall be in writing.

3. Unless specified otherwise in this permit, all reports and notifications required by this permit, including twenty-four hour notifications, shall be submitted to or reported to the Southeast District Office of the Department and to the Department’s Division of Wa ter Resource Management, Water Quality Standards and Special Projects Program at th e address specified below:

Florida Department of Environmental Protection
Southeast District Office 100 North Congress Avenue West Palm Beach, FL 33401

Phone Number- (561) 681-6600 Fax Number * - (561) 681-6755

AND

Florida Department of Environmental Protection Division of Water Resource Management Water Quality Standards and Special Projects Program 2600 Blairstone Road, MS 3560 Tallahassee, FL 32399-2400

Phone Number- (850) 425-8417 Fax Number * - (850) 412-0653

(*All FAX copies shall be followed by original copies.)

4. All reports and other information sh all be signed in accordance with requirements of Rule 62-620.305, F.A.C. [62-620.305, 10-23-00]

.

5. The permittee shall provide safe access points for obtaining representative sa mples which are required by this permit.

6. If there is no discharge from the facility on a day scheduled for sampling, the sample shall be collected on the day of the next discharge.

7. Upon demonstration that a specific parameter(s) is consis tently shown to be undetected in the effluent, the permittee may request a modification to the monitoring program as appropriate. A minimum of one year of data, for those parameters being sampled quarterly or mo re frequently, will be required prior to the Department approving any modification to the monitoring program. The Department may approve a reduction of the monitoring frequency or waive the monitoring requirement for parameters which consistently shown to be
undetected in the effluent.

8. The permittee shall submit an Annual Report (the S outh Florida Environmental Report) demonstrating compliance with the terms of this pe rmit and according to the schedule as set forth in Section VI.2. The Annual Report shall provide details regarding the status of implementation of the requirements of this permit. Specifically, the report shall include details regarding:PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

8 a. Implementation of the WQBEL and activities required by this permit and affecting flows and loads to STA-3/4;

b. source control implementation and optimization;

c. STA design modifications affecting implementation of the WQBEL and activities required by this permit;

d. improvements, enhancements, and strategies that have been initiated and/or completed within the previous

year;

e. any delays in the implementation of the requirements of this permit, the duration of the delays, the reason(s) for the delays, and the exp ected timeframe for their resolution;

f. the implementation status of STA Recovery Plans;

g. whether revisions and/or additions to the re quirements of this permit are recommended; and

h. implementation of remedial measures in the event of non

- compliance with permit conditions For any noncompliance with permit conditions, an evaluation of the cause(s) and implementation of remedial

measures ; and

i. whether the facility was operated within or outside of the operational envelope

.

9. Bypass, as described in the Fact Sheet, may o ccur during the operation of STA-3/4. The District shall notify the Department within 48 hours subsequent to any unanticipated bypasses of flow through the G-371 and G-373 Diversion Structures and the District shall notify the Department as soon as practicable in advance of anticipated bypasses, with the exception of routine maintenance activities. The submitted notification shall include a description of the circumstances related to the bypass and a projection of the anticipated duration of the bypass. All bypasses occurring through the G-371 and G-373 Diversion Structures shall be monitored for the pa rameters listed in the table below. As soon as practicable after cessation of all by passes, the District shall submit a summary of the data collected from the table below, and identify the duration of the bypasses. Bypasse s shall be limited to the shortest time possible and are not allowed solely to achieve the WQ BEL. Bypasses are subject to and must meet the requirements of Items VIII.20, 21, and 22 of this permit.

Table 2. Required Monitoring for All Bypasses

Parameter Units Sample Type Frequency Total Phosphorus at
the G-371 and G-373

structures mg/l Grab Weekly if flowing

Flow G-371 and/or

G-373 structures CFS Calculated Daily AveragePERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

9 

### 10. The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under the Endangered Species Act or Mi gratory Bird Treaty Act. The report should include the species involved, an estimate of the numbe r of individuals involved, actions taken to avoid deleterious impacts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estimate of when facility ope ration will no longer be im pacted or constrained.



### II. Industrial Sludge Management Requirements

1. This section not applicable to this facility.



### III. Ground Water Monitoring Requirements

1. This section is not applicable to this facility.



### IV. Other Land Application Requirements

1. This section is not applicable to this facility.



### V. Operation and Maintenance Requirements

A. Operation of Treatment and Disposal Facilities

1. The permittee shall ensure that the operation of this facility is as desc ribed in the appli cation and supporting
documents.

2. The operation of the pollution control facilities describe d in this permit shall be under the supervision of a person who is qualified by formal training and/or practi cal experience in the field of water pollution control.

3. Activities such as ongoing maintenance may have short-term adverse impacts on STA performance. In addition, major events may compromise the st ructural integrity or performance of the STA or section(s) of the STA. Such activities or events shall be subject to the planned changes, bypass, and/or upset provisions set forth in Section VIII Paragraphs 17, 22 and 23.

B. Record keeping Requirements:

1. The permittee shall maintain the following records at the South Florida Water Management District headquarters office at the address specified above and make them available for inspection:

a. Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certification showing the certification numbe r of the laboratory, for at least three years from the date the sample or measurement was taken;

b. Copies of all reports, other than those required in items a. and f. of this section, required by the permit for at least three years from the date the report was prepared, unless otherwise specified by Department rule;

c. Records of all data, including reports and documents used to complete the application for the permit for at least three years from the date the application was f iled, unless otherwise specified by Department rule;

d. A copy of the current permit;PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

10 e. A copy of any required record drawings;

f. Copies of the logs and schedules showing plant ope rations and equipment maintenance for three years from the date on the logs or schedule.

2. Records of all compliance monitoring information, including all calibration and maintenance records for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certification showing the certification number of the laboratory, for at least th ree years from the date the sample or measurement was taken;

3. Copies of all reports, other than those required in items 1. and 6. of this section, required by the permit for at least three years from the date the report was prepared, unless otherwise specified by Department rule;

4. Records of all data, including reports and documents used to complete the application for the permit for at least three years from the date the application was filed, unless otherwise specified by Department rule;

5. A copy of the current permit;

6. A copy of any required record drawings;

7. Copies of the logs and schedules showing project opera tions and maintenance for three years from the date on the logs or schedule.



### VI. Schedules

1. An Operations Plan shall be developed and submitted by the permittee to the Department no later than six

mon ths after issuance of the permit. Upon completion of and compliance with the requirements specified herein, the permittee shall submit to the Department an updated Operations Plan for STA-3/4. Until the updated Operations Plan is submitted by the permittee a nd approved by the Department , the previously existing Operations Plan shall remain in effect.

2. The Annual Report shall be received by the Department no later than March 1 st of each year following the effective date of the permit. Each Annual Report shall present the information for the previous water year, from May 1 st to April 30 th . Upon approval by the Department, the District may modify the Annual Report submission date to coincide with multiple reporting requirements and time periods needed for data acquisition and analysis.

3. A revised Pollution Prevention Plan (PPP) shall be prepared and implemented in accordance with the following schedule:

Action Item Scheduled Completion Date

1 Develop and Implement revised
Pollution Prevention Plan As needed upon completion of and compliance with the requirements of this permit

2

. Submittal of revised Pollution Prevention Plan if additional enhancements are implemented Changes that warrant
modifications to the current PPP + 90 daysPERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

11 

### VII. Other Specific Conditions

A. Specific Conditions Applicable to All Permits

1. The following documents (design documents), not attached hereto, but retained on file with the Department, are made a part hereof:

a. 1994 Conceptual Design Document for the Everglades Protection Project;

b. The April 1996, General Design Memorandum for STA-3/4;

c. The June 2000, Plan Formulation Document;

d. The August 2000, Plan Implementation Document; and,

e. The October 2000, Design Criteria Document.

2. Where required by Chapter 471 (P.E.) or Chapter 492 (P.G.) Florida Statutes, applicable portions of reports to be submitted under this permit, shall be signed and seal ed by the professional(s) who prepared them.

3. This permit satisfies Wastewater program permitting requirements only. The Department and the permittee acknowledge the issuance of other permits related to th e STA-3/4 Project. Additional related permits include FDEP Permit No. 0178018, which authorizes temporary de watering activities for the construction of facilities within the STA-3/4 and STA-2 Hydropattern Restoration Projects, FDEP Permit No. 0192895 (EFA permit), and the U.S. Army Corps of Engineers 404 Permit No. 199404532. This permit is supplemental to these permits and does not supersede any of these permits.

B. Specific Conditions Re lated to Construction

1. Within thirty days of completion of construction contract, the permittee shall submit to the Department a completed “Certification of Completion of Construction” (DEP Form 62-620.910(12)) signed and sealed by the engineer of record or other engineer registered in the state of Florida. For purposes of this permit, completion of construction shall mean completion and closure of the construction contract for this project.

2. Record drawings shall be prepared and made ava ilable in accordance w ith Rule 62-620.410(6), F.A.C., and the Department of Environmental Protection Guide to Wastewater Permitting within six months of placing the facilities into flow-through operation.

C. Duty to Reapply

1. The permittee shall submit an application to renew this pe rmit at least 180 days before the expiration date of this permit.

2. The permittee shall apply for renewal of this permit on the appropriate form listed in Rule 62-620.910, F.A.C., and in the manner established in Chapter 62-620, F.A. C., and the Department of Environmental Protection Guide to Wastewater Permitting including submittal of the appropriate processing fee set forth in Rule 62-4.050,
F.A.C.PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

12 3. An application filed in accordance w ith subsections 1. and 2. of this pa rt shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not expire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fixed by order of the reviewing court.

4. The late submittal of a renewal application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date.

D. Specific Conditions Related to Pollution Prevention Plan

1. The document entitled “Stormwater Treatment Area

- 3/4 Pollution Prevention Plan” dated May 13, 2002, is hereby incorporated by reference and ma de a part of this permit as Exhibit A

. A revised Pollution Prevention Plan (PPP shall be prepared, submitted to the Depa rtment for review and approval, and implemented
in accordance with the schedule set forth in Section VI.3.

2. STA-3/4 shall be operated in accordance with the existing PPP until such time as a revised PPP is approved by the Department. If the permitted facilities are demonstrated not to be achieving compliance with the requirements of this permit , the permittee shall submit a modified PPP for Department review and approval as appropriate.

1.

2. The STA

- 3/4 Project shall be operated in accordance with the Pollution Pr evention Plan (PPP).

- If the permitted facilities are demonstrated to be not achieving compliance with the requirements of this permit, the permittee shall modify the PPP or th e Operations Plan as appropriate.

E. Reopener Clause

This permit currently contains the narrative water quality standard for nutri ents. In accordance wit h Subsection 373.4592(4)(e) of the Everglades Forever Act (EFA), the Fl orida Department of Environmental Protection filed a notice of rulemaking in the Florida Administrative Weekly to establish a phosphorus criterion in the Everglades Protection Area. By operation of the EFA, if the Department doe s not adopt by rule a revised phosphorus water quality criterion by December 31, 2003, the numeric criteri on for phosphorus shall be the default of 10 ppb in the Everglades Protection Area. In either case, the n umeric phosphorus criterion and implementation methodology must be submitted to EPA for approval. The USEPA shall review the water quality data that the state develops pursuant to the EFA, Subsection 373.4592(4)(e)1., Fla.Stat., and the interpreted numeri c phosphorus criterion approved by the Florida Environm ental Regulation Commission in accord ance with the EFA, Subsection 373.4592(4)(e)2., Fla.Stat., and shall approve the criterion provi ded it adequately protects the designated uses of the Everglades Pro tection Area, and complies with the Clean Water Act and implementing regulations. The same standard of review will apply to this criterion that applies to all other pr oposed state water quality standards.

Within 90 days of approval by EPA of the adopted numer ic criterion or 10 ppb default criterion, a new effluent limitation shall be established for this permit. This ne w effluent limitation, which becomes effective on December 31, 2006, will be based on the numeric phosphorus criterion and associated implementa tion strategy, in a manner consistent with the EFA, the Federal Consent Decr ee in USA v. SFWMD, Case No. 88-1886-CIV-HOEVELER, as may be modified, and other applicable state and federal laws and that recognizes the relationship between waters discharged to, and the resulting water quality in the Everglades Protection Area. Persons whose substantial interests are affected by modification of this permit to include a new effluent lim itation for phosphorus will be afforded a point of entry under Chapter 120, Florida Statutes.PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

13 Pursuant to Subsection (10)(a) of the EFA, the District shall submit to the Department a permit modification to incorporate proposed changes to the Ev erglades Construction Project and this permit by December 31, 2003. These changes shall be designed to achieve compliance with the phosphorus criteri on and the other state water quality standards by December 31, 2006.

In the event that the state of Florida revises the dissolved oxygen criterion, or establishes a site specific alt ernative criterion (SSAC) or other moderating provision for dissolved oxygen in the Everglades Protection Area, the numeric effluent limitation for dissolved oxygen contained in this permit shall be revised.

F. Reopener Clause 1. The permit shall be revised, or alternatively, re voked and reissued in accordance with the provisions contained in Rules 62-620.325 and 62-620.345, F.A.C., if applicable, or to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act (the Act), as amended, if the effluent standards, limitations, or water quality standards so issued or approved:

a. Contains different conditions or is otherwise mo re stringent than any condition in the permit; or,

b. Controls any pollutant not addressed in this permit.

The permit as revised or reissued under this pa ragraph shall contain any other requirements of the Act then applicable.

2. The permit may be reopened to adjust effluent lim itations or monitoring requirements should future water quality based effluent limit ation (WQBEL) determinations, wate r quality studies, Department approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement.

3. The Department may develop a Total Maximum Daily Load (TMDL) during the life of the permit. Once a TMDL has been established and adopted by rule, the Department shall revise this permit to incorporate the final findings of the TMDL, in accordance with Section 403.067, F.S.

G. Hydropattern Restoration

This permit does not authorize the hydropattern restoration of WCA-3A. Once the performance of STA-3/4 has been optimized and long

- term water quality solutions for S

- 7/S

- 2 and S

- 8/S

- 3 ba sins have been implemented attains the WQBEL , it is anticipated that discharges from STA-3/4 will be diverted directly into WCA

- 3A could be directed southward directly across th e L-5 canal and levee into WCA-3A to assist in hydropattern restoration in accordance with Subsection (4)(b) of the EFA. Future WCA-3A hydropattern re storation plans will be coordinated with CERP implementation. Implementation of hydropattern restoration in WCA-3A associated with STA-3/4 will require review and approval by the Department and USEPA in the form of a modification to this permit. If hydropattern restoration proceeds, m onitoring will be required along a trans ect in WCA3A downstream of the STA 3/4 discharge. The purpose of this monitoring will be to document the effect of the discharge on the downstream EPA marsh and changes in downstream water quality and cumulative phosphorus impacts. Transect monitoring will begin one year prior to the commencement of hydropatterm restoration discharges in order to document
baseline conditions. The modification will require downstream monitoring which must be implemented sufficiently in advance to establish a scientifically

- defensible baseline and may include transect monitoring, if appropriate. The monitoring plan should be submitte d to the Department for review and approval prior to the commencement of monitoring.PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

14 H. Implementation of Source Control Programs.

1. Implementation. The permittee shall continue to implemen t source control programs in each of the contributing basins in accordance with Chapter 40E-63, F.A.C. and other applicable programs. Basins that do not presently include source control programs shall be monitored to determine if such programs are necessary in the event that phosphorus loads to the facility from these ba sins limit the facility or facilities progress towards achieving the WQBEL

2. Performance. On an annual basis, the permittee shall eval uate the performance of source controls in the contributing basins and include the findings in the a nnual report required in Item I.E.8. The report shall include phosphorus loads from the basins and shall desc ribe trends and compare current loads to those determined necessary to achieve the WQBEL.

3. Improvements. If the WQBEL is not achieved and if the assumed inflow concentration used to develop the Amended Determination remedy is exceeded, the perm ittee shall submit, as part of the annual reporting requirements in Item I.E.8, a report explaining the cause (s) for the excess concentra tion and, if applicable, schedules and strategies for source control im provements necessary to achieve the WQBEL.



### VIII . General Conditions

1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, Florida Statutes. Any permit noncom pliance constitutes a violation of Chapter 403, Florida Statutes, and is grounds for enfor cement action, permit termination, permit revocation and reissuance, or permit revision. [62-620.610(1), F.A.C]

2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviations fro m the approved drawings, exhibits, specifications or conditions of this permit constitute grounds for revo cation and enforcement ac tion by the Department. [62- 620.610(2), F.A.C.]

3. As provided in Subsection 403.087(6), F.S., the issuan ce of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringements of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit . [62-620.610(3), F.A.C.]

4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and does not constitute authority for the use of submer ged lands unless herein provi ded and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. [62-620.610(4), F.A.C.]

5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contraven tion of Florida Statutes and Department rules, unless specifically authorized by an orde r from the Department. The permittee sh all take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affec ting human health or the environment. It shall not be a defense for a permittee in an enforcement action th at it would have been necessary to halt or reduce the permitted activity in order to maintain comp liance with the conditions of this permit. [62-620.610(5), F.A.C.]PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

15 6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit. [62-620.610(6), F.A.C.]

7. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permitt ee to achieve comp liance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit. [62-620.610(7), F.A.C.]

8. This permit may be modified, revoke d and reissued, or terminated for cau se. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. [62-620.610(8), F.A.C.]

9. The permittee, by accepting this permit, specifically agrees to allow authori zed Department personnel, including an authorized representative of the Department and authorized EPA personnel, when applicable, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to

a. Enter upon the permittee’s premises where a regulated facility, system, or activity is located or conducted, or where records shall be kept under the conditions of this permit;

b. Have access to and copy any records that sh all be kept under the conditions of this permit;

c. Inspect the facilities, equipment, practices, or operations regulated or required under this permit; and

d. Sample or monitor any substances or parameters at any location necessary to assure compliance with this permit or Department rules.

[62-620.610(9), F.A.C.]

10. In accepting this permit, the permittee understands and agr ees that all records, notes , monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any en forcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, Florida Statutes, or Rule 62-620.302, F.A.C. Such evidence shall only be used to the extent that it is consistent with the Florida Rules of Civil Procedure and applicable evidentiary rules. [62- 620.610(10), F.A.C.]

11. When requested by the Department, the permittee shall within a reasonable time provide any information required by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department. [62-620.610(11), F.A.C.]

12. Unless specifically stated otherwis e in Department rules, the permittee, in accepting this permit, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amende d surface water quality sta ndard, other than those standards addressed in Rule 62-302.500, F.A.C., shall incl ude a reasonable time to obtain or be denied a mixingPERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

16 zone for the new or amended standard. [62-620.610(12), F.A.C .] However, this section cannot be used as a basis to extend the time to comply with the permit’s total phosphorus WQBELs or to obtain a mixing zone to meet the total phosphorus water quality criterion.

13. The permittee, in accepting this permit, agrees to pay the applicable regul atory program and surveillance fee in accordance with Rule 62-4.052, F.A.C. [62-620.610(13), F.A.C.]

14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee shall be liable for any noncompliance of the pe rmitted activity until the tran sfer is approved by the Department. [62-620.610(14), F.A.C.]

15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. [62-620.610(15), F.A.C.]

16. The permittee shall apply for a revision to the Depa rtment permit in accordance with Rules 62-620.300 and the Department of Environmental Protection Guide to Wastewater Permitting at least 90 days before construction of any planned substantial modifications to the perm itted facility is to commence or with Rule 62-620.325(2) for minor modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300, F.A.C. [62-620.610(16), F.A.C.]

17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncomplia nce with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information:

a. A description of the anticipated noncompliance;

b. The period of the anticipated noncompliance, including dates and times; and

c. Steps being taken to prevent future occurrence of the noncompliance.

[62-620.610(17), F.A.C.]

18. Sampling and monitoring data shall be collected a nd analyzed in accordance with Rule 62-4.246, Chapter 62- 160 and 62-601, F.A.C. and 40CFR 136, as appropriate.

a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10).

b. If the permittee monitors any contaminant more freque ntly than required by the permit, using Department approved test procedures, the results of this monitori ng shall be included in the calculation and reporting of
the data submitted in the DMR.

c. Calculations for all limitations, which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit.

d. Any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health (DOH) under Chapter 64E-1, F.A. C., where such certification is required by Rule 62- 160.300, F.A.C. The laboratory must be certified for any specific method and analyte combination that is used to comply with this permit. For domestic wastewater facilities, the on-site test procedures specified inPERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

17 Rule 62-160.300(4), F.A.C., shall be performed by a laboratory certified test for those parameters or under the direction of an operator certified under Chapter 62-602, F.A.C.

e. Field activities including on-site tests and sample collection, whether performed by a laboratory or a certified operator, must follow the applicable pro cedures described in DEP-SOP-001/01 (January 2002). Alternate field procedures and labor atory methods may be used where they have been approved according to the requirements of Rules 62-160.220, 62-160.330, and 62-160.600, F.A.C.

19. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date. [62-620.610(19), F.A.C.]

20. The permittee shall report to the Department an y noncompliance which may endanger health or the environment. Any information shall be provided or ally within 24 hours from th e time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and time, and if the noncompliance has not been corrected, the anticipated tim e it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

a. The following shall be included as information which must be reported within 24 hours under this
condition:

1. Any unanticipated bypass which causes any reclaimed water or effluent to exceed any permit limitation or results in an unpermitted discharge,

2. Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit,

3. Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice, and

4. Any unauthorized discharge to surface or ground waters.

b. Oral reports as required by this s ubsection shall be provided as follows:

1. For unauthorized releases or sp ills of untreated or treated wastewat er reported pursuant to subparagraph a.4 that are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calling the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519, as soon as practical, but no later than 24 hours from the time the permitt ee becomes aware of the discharge. The permittee, to the extent known, shall provide the following information to the State Warning Point:

(a) Name, address, and telephone number of person reporting;

(b) Name, address, and telephone number of permitt ee or responsible person for the discharge;

(c) Date and time of the discharge and status of discharg e (ongoing or ceased);

(d) Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic wastewater);PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

18 (e) Estimated amount of the discharge;

(f) Location or address of the discharge;

(g) Source and cause of the discharge;

(h) Whether the discharge was contained on- site, and cleanup actions taken to date;

(i) Description of area affected by the discharge, including name of water body affected, if any; and

(j) Other persons or agencies contacted.

2. Oral reports, not otherwise required to be pr ovided pursuant to subparagr aph b.1 above, shall be provided to Department within 24 hours from the time the permittee becomes aware of the discharge.

c. If the oral report has been received within 24 hours, the noncompliance has been corrected, and the noncompliance did not endanger health or the environment, the Department shall waive the written report.

[62-620.610(20), F.A.C.]

21. The permittee shall report all instances of noncomplia nce not reported under Conditi ons VIII.18 and 19 of this permit at the time monitoring reports are submitted. This report shall contain the same information required by Condition VIII.20 of this permit. [62-620.610(21), F.A.C.]

22. Bypass Provisions:

a. The term “bypass” shall mean the intentional diversion of waste streams from any portion of the treatment works. The term “by pass” does not include waters diverted around the entire STA

- 3/4 project
via the G

- 371 and G

- 373 structures, to prevent damage to the f acility (usually caused by flooding) or for water resource needs such as the preven tion of adverse impacts to public and/ or environmental health as
described in Condition b. below.

b. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that:

1. Bypass was unavoidable to prevent loss of life, pe rsonal injury, or severe property damage; and

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipm ent should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

3. The permittee submitted notices as required under Condition VIII.22.b of this permit.

c. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning a bout the bypass as required in C ondition VIII.20 of this permit. A notice shall include a description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.PERMITTEE: PERMIT NUMBER: FL0300195

South Florida Water Management District Issuance date: January 9, 2004 3301 Gun Club Road Expiration date: January 9, 2009 West Palm Beach, FL 33406

19 c. The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee
demonstrates that it will meet th e three conditions listed in Conditi on VIII.22 a.(1) through (3) of this permit.

d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to
be exceeded if it is for essential ma intenance to assure efficient operati on. These bypasses are not subject to the provision of Condition VIII.22.a through c. of this permit.

[62-620.610(22), F.A.C.]

23. Upset Provisions:

a. A permittee who wishes to establish the affirmativ e defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and that the permittee can identify the cause (s) of the upset;

2. The permitted facility was at the time being properly operated;

3. The permittee submitted notice of the upset as re quired in Condition VIII.20 of this permit; and

4. The permittee complied with any remedial measures required under Condition V III.5 of this permit.

b. In any enforcement pro ceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.

c. Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review.

[62-620.610(23), F.A.C.]

Executed in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION

____________________________________ Jerry Brooks Deputy Division Director Water Resource Management

DATE: ______________________________

### STATE OF FLORIDA
INDUSTRIAL WASTEWATER FACILITY PERMIT

PERMITTEE: PERMIT NUMBER: FL0177954 South Florida Water Management District PA FILE NO.: FL0177954-003-IW7A
3301 Gun Club Road ISSUANCE DATE: September 4, 2007 West Palm Beach, FL 33406 EXPIRATION DATE: September 4, 2012

RESPONSIBLE AUTHORITY:
Ms. Carol Ann Wehle
Executive Director

FACILITY:
Stormwater Treatment Area 5 (STA-5) Hendry and Palm Beach Counties

Latitude: 26°26'4.00"N Longitude: 80°56'50.03"W

This permit is issued under the provisions of Chapter 40 3, Florida Statutes (F.S.) and applicable rules of the Florida Administrative Code (F.A.C.) and constitutes auth orization to discharge to waters of the State under the National Pollutant Discharge Elimination System (NPDES). This permit is accompanied by an Administrative Order (Order), AO

- 011

- EV, pursuant to Subsections 403.088 (2)(e) and (f), F.S. Compliance with AO

- 011

- EV is a specific requirement of this permit. The above named permittee is hereby authorized to construct and operate the facilities required by this permit shown on the application and other documents attached hereto or on file with the Department and made a part hereof

.

PROJECT DESCRIPTION:

This permit authorizes the continued construction, operation and maintenance of Stormwater Treatment Area (STA) 5. Initial construction and operation of th is facility was previously authorized and completed under Florida Department of Environmental Prot ection (Department) National Pollution Discharge Elimination Program (NPDES) Permit No.: FL0177954-001-IW7A and Everglades Forever Act (EFA) Permit No. 0131842-001. STA-5 is a part of the Everglades Construction Project (ECP), construction, operation, and maintenance of which is required by the EFA, Section 373.4592, F.S. The STA-5 project (Figure 1) consists of the STA-5 Inflow Structures, STA-5 Interior Treatment Works, STA-5 Outflow Structures, STA-5 Discharge Canal an d Associated Bridge, STA-5 Seepag e Collection and Return Systems, STA-5 Water Supply Pump Stations, G-406 Structure, G-409 Pump Station, G-357 Structure, G-404 Pump Station, Southern L-4 Levee Gap, Deer Fence Canal Bridge and Deer Fence Road, Rotenberger Hydropattern Restoration, and STA-5 Outlet Canal. In addition to existing operation and maintenance activities, this permit also authorizes construction, operation, and maintenance of additional features approved by the Department under the Everglades Protection Area Tributary Basins Long

- Term Plan for Achieving Water Quality Goals (Long

- Term Plan), as defined in the Everglades Forever Act (EFA) Section 373.4592, F.S. The Long

- Term Plan includes structural, vegeta tive and operational enhancements for
STA

- 5 to improve hydraulic distribution and phosphorus removal performance requirements specified
herein . STA-5 is a Stormwater Management System (SMS) as defined in Subsection 373.403(10), F.S., and therefore is not subject to state surface water quality standards within STA-5 pursuant to Section 373.4142, F.S.

EFFLUENT DISPOSAL:

This permit authorizes the discharge of treated stormwater non-process wastewater from a 6,670 acre constructed wetland system (STA-5) to either the Mi ami Canal, via the STA-5 Outlet Canal, or to thePermittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 2 of 18

2 Rotenberger Wildlife Management Area (WMA), via th e G-410 Pump Station. Treated water from STA-5 will be discharged into the STA-5 Discharge Canal from the G-344A-F Outflow Structures. Once treated water has reached the Discharge Canal, it is directed either to the Miami Canal (via the STA-5 Outlet Canal) or to the Rotenberger Wildlife Management Area (WMA) via the G-410 Pump Station. The G-410 pump station allows a portion of the STA-5 discharges to be routed to the Rotenberger WMA and ultimately to the Miami Canal via Rotenberger discharge structures G-402A-D. Discharges to the Rotenberger WMA are for the purpose of hydrologic restoration of the approximate 29,000-acre WMA. The majority of the STA-5 discharges are directed to the Miami Canal via the STA-5 Outlet Canal.
Wetlands and surface waters located within the receiving water bodies (Rotenberger WMA and the Miami Canal) are Class III waters; and the Rotenberger WMA is an Outstanding Florida Water, pursuant to Rule 62-302.700(9)(f)48, F.A.C.

Surface Water Discharge:

An existing discharge to the Miami Canal (Class III Fr esh waters), the monitoring group D-001(G-344A) is located approximately at latitude 26° 27’ 30” N, longitude 80° 53’ 01” W.

An existing discharge to the Miami Canal (Class III Fr esh waters), the monitoring group D-002(G-344B) is located approximately at latitude 26° 27’ 04” N, longitude 80° 53’ 01” W.

An existing discharge to the Miami Canal (Class III Fr esh waters), the monitoring group D-003 (G-344C) is located approximately at latitude 26° 26’ 34” N, longitude 80° 53’ 01” W.

An existing discharge to the Miami Canal (Class III Fr esh waters), the monitoring group D-004 (G-344D) is located approximately at latitude 26° 26’ 11” N, longitude 80° 53’ 01” W.

An existing discharge to the Miami Canal (Class III Fres h waters), the monitoring group D-005 (G-344E) is located approximately at latitude 26° 25’ 46” N, longitude 80° 53’ 01” W.

An existing discharge to the Miami Canal (Class III Fres h waters), the monitoring group D-006 (G-344F) is located approximately at latitude 26° 25’ 20” N, longitude 80° 53’ 01” W.

IN ACCORDANCE WITH:

The limitations, monitoring requirements and other conditions as set forth in Part I through Part VIII on pages 3 through 17 of this permit.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 3 of 18

3 I



### . Effluent Limitations an d Monitoring Requirements

A. Surface Water Discharges

1. During the period beginning on the issuance permit effective date and lasting through the expiration date of this permit, the permittee is authorized to discharge stormwater non-process wastewater from Outfall D-001, D-002, D-003, D-004, D-005, and D-006. Such discharge shall be limited and monitored by the permittee as specified below.

* 1 All EFF TP m onitoring results for this parameter shall be reported as separate weekly values without rounding to whole numbers. The results shall also be reported as FWM annual averages that are calculated based on the FWM of the weekly values. The resul ts shall also be reported as GM monthly average and a s an annual average s that are calculated based on all sample point weekly values collected when discharge occurs in the previous 12 months. All FWM and GM annual averages shall be reported to the nearest who le number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall be reported as 10 ppb). The “monthly average” is a flow

- weighted mean of the weekly effluent samples. The “annual average” shall be computed for each water year (May

- April) and is equal to the
flow

- weighted mean concentration for the water year.

** All SWU TP monitoring results shall be reported as separate weekly values without rounding to whole numbers. All results shall also be reported as monthly averages a nd as FWM annual averages. The monthly averages and FWM annual averages shall be calculated based on the FWM of the weekly values and shall be reported to the nearest whole number (i.e., 10.5 ppb shall be rep orted as 11 ppb; 10.49 ppb shall be reported as 10 ppb). Parameters (units) Daily
Minimum Daily
Maximum Annual Average Other Discharge
Limitations Monitori

ng Requirem

ents

Not to exceed 10

as a geometric mean (GM) annual

average in more
than two consecutive years * 18 as a
flowweighted

mean (FWM)
annual

average * Phosphorus, Total

(as P) (ppb) -- --

See I.A.5 Weekly GM – based on grab samples
collected
when discharge

occurs

FWM - 7- day flow proportioned composite EFF-1 through

EFF-6

Phosphorus, Total

(as P) (ppb) -- -- Report **

See I.A.6 Weekly 7-day flow proportioned composite INT-1 through

INT-6

Oxygen, Dissolved

(DO), (mg/L) See I.A.7 Weekly Grab

(Meter) EFF-1 through

EFF-6

Oxygen, Dissolved

(DO), (mg/L) Report Weekly Grab

(Meter) INT-1 through

INT-6

Flow (CFS) -- Report Report

See I.A.6 Continuous Recorder EFF-1 through

EFF-6.
INT-1 through

INT-6

pH (SU) 6.0 8.5 -- Weekly Grab

(Meter) EFF-1 through

EFF-6Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 4 of 18

4 2 The 10 ppb effluent limit represents the phosphoru s criterion set forth in Rule 62

- 302.540(4)(a), F.A.C. and is consistent with Section 301(b)(1)(C) of the CW A. A water quality based effluent limitation (W QBEL) for phosphorus will be established in
accordance with Rule 62

- 650 F.A.C. and Section 373.4592 Florida Statutes by December 31, 2010 and will be a major permit modification. It is recognized that th e ultimate WQBEL to be developed may be higher than a flow

- weighted mean of 10 ppb. The antibacksliding provisions of the CWA and NPDES regulations do not apply to an effluent limitati on with a delayed compliance date, until the date of compliance. In this case, restrictions on b acksliding would not apply to the 10 ppb permit effluent limit un til the established WQBEL takes effect at the end of the comp liance schedule.

2. Effluent samples shall be taken at the monitoring s ite locations listed in permit condition I.A.1 and as
described below:

Sample Point Description of Monitoring Location 1

EFF-1 Sampling location for Outfa ll D-001 at the G- 344A Structure

EFF-2 Sampling location for Outfa ll D-002 at the G- 344B Structure

EFF-3 Sampling location for Outfa ll D-003 at the G- 344C Structure

EFF-4 Sampling location for Outfa ll D-004 at the G- 344D Structure

EFF-5 Sampling location for Outfa ll D-005 at the G- 344E Structure

EFF-6 Sampling location for Outfa ll D-006 at the G- 344F Structure

INT-1 Inflow monitoring location at the G-342A Structure

INT-2 Inflow monitoring location at the G-342B Structure

INT-3 Inflow monitoring location at the G-342C Structure

INT-4 Inflow monitoring location at the G-342D Structure

INT-5 Inflow monitoring location at the G-342E Structure

INT-6 Inflow monitoring location at the G-342F Structure

3. There shall be no discharge of floating solids or visible foam in other than trace amounts. This provision shall not be interpreted to prevent discharges of constituents normally found in or resulting from marsh wetland systems.

4. The discharge shall not cause a visible sheen on th e receiving water. This provision shall not be interpreted to prevent discharges of constituents normally found in or resulting from marsh wetland
systems.

5. The discharge shall not cause phosphorus concentrations in the receiving waters to be altered so as to cause or contribute to an imbalance in natural populations of aquatic flora or fauna. The discharge shall not cause phosphorus concentrations in the receiving wate rs to exceed the criteria in Rule 62-302.540(4)(a), F.A.C., except as authorized in the accomp anying Order ( AO

- 012

- EV ) which is hereby inco rporated by
reference

. Beginning at the end of April after the permit effective date and at the end of each April thereafter, the permittee shall report the FWM annual average using data it collected for the prior 12 months. Beginning at the end of April after the permit effective date and at the end of each April

1 Subject to adequate justification, the permittee may request a reduction in the number of effluent monitoring stations.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 5 of 18

5 thereafter, the permittee shall report the GM annual average using data it collected for each of the prior 3

years.

6. In the year following any two consecutive years where the TP GM annual average exceeds 10 ppb, the permittee shall report quarterly the GM of all monthly TP values for that year. If that mean exceeds 10 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that mean is as high as it is and the specific steps it is taking to
ensure that the TP GM for th at year will no t exceed 10 ppb.

For the TP FWM WQBEL, the permittee shall report qua rterly the average of all monthly FWMs for that year. If that average exceeds 18 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that average is as high as it is and the specific steps it is taking to ensure that the TP FWM annual average for that year will not exceed 18 ppb.

7. If the facility does not meet the FWM WQBEL in an y year, the permittee shall report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 18 ppb). If the facility does not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 10 ppb) for that year and the previous two years.

Beginning 12 months from the permit effective date an d at the end of each April thereafter, the permittee shall report both the FWM and GM annual average using data it collected for the prior 12 months.

8. Samples taken in accordance with Section I.A.1 and submitted monthly as part of the Discharge Monitoring Report (DMR) shall be analyzed to provide an annual assessment in the Annual Report as to whether the facility is operating within or outside the operational envelope. The assessment shall be based on annual inflow volumes and phosphorus loads and shall compare flows and loads to the corresponding average values contained in the operational envelope described in Exhibit A (Goforth et al, 2007). If the annual inflow volumes or phosphorus loads exceed th e corresponding average va lues of the operational envelope during an annual compliance period, the Dist rict shall conduct a review of potential causes and include this review in the annual report. Departme ntal concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply releases that would result in an exceedance of the maximum levels of flow or phosphorus load contained in the operational envelope.

9 . The dissolved oxygen parameter shall meet the requirements set forth in the Everglades Marsh Dissolved Oxygen Site Specific Alternative Criteria (DO SS AC, Exhibit B). Compliance with the DO SSAC shall be evaluated annually using a statistical anal ysis to compare dissolved oxygen levels within facility discharges to predicted model values. The specific methods for determining compliance are set forth in the DO SSAC which was adopted by Secretarial Order on January 26, 2004, and approved by the U.S. Environmental Protection Agency as a revision to the State of Florida’s water quality standards on June 16, 2004.

B. Underground Injection Control Systems

1. This section is not applicable to this facility.

C. Land Application Systems

1. This section is not applicable to this facility.

D. Other Methods of Disposal or Recycling

1. There shall be no discharge of indu strial wastewater from this fac ility to ground or surface waters, except as authorized by this permit.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 6 of 18

6 E. Other Limitations and Moni toring and Reporting Requirements

1. The sample collection, analytical test methods and method detection limits (MDLs) applicable to this permit shall be in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A. C., and 40 CFR 136, as appropriate. The list of Department established analytical methods and corresponding MDLs and PQLs (practical quantification limits), which is titled “ Florida Department of Environmental Protection Table as Required By Rule 62-4.246(4) Testing Methods for Discharges to Surface Water ” dated April 25, 2006, is available from the Department at http://www.dep.state.fl.us/labs /guidance/index.htm. The MDLs and PQLs as described in this list shall constitute the minimum acceptable MD L/PQL values and the Department shall not accept results for which the laboratory's MDLs or PQLs are greater than those described above unless alternate MDLs and/or PQLs have been specifically approved by the Department for this permit. Any method included in the list may be used for reporting as long as it meets the following requirements:

a. The laboratory’s reported MDL and PQL values for the particular method must be equal or less than the corresponding method values specified in the Department’s approved MDL and PQL list;

b. The laboratory reported MDL for the specific parameter is less than or equal to the permit limit or the applicable water quality criteria, if any , stated in Chapter 62-302, F. A.C. Parameters that are listed as “report only” in the permit shall use methods that provide a PQL, which is equal to or less than the applicable water quality cr iteria stated in 62-302 F.A.C.; and

c. If the MDLs for all methods available in the approved list are above the stated permit limit or applicable water quality criteria for that parameter, then the me thod with the lowest stated MDL
shall be used.

Where the analytical results are below method de tection or practical quantification limits, the permittee shall report the actual laboratory MDL an d/or PQL values for the analyses that were performed following the instructions on the applicable discharge monitoring report.

Where necessary, the permittee may request appr oval of alternate method s or for alternative MDLs and PQLs for any approved analytical method. Approval of alternate laboratory MDLs or PQLs is not necessary if the laboratory reported MDLs and PQLs are less than or equal to the permit limit or the applicable water quality criteri a, if any, stated in Chapter 62-302, F.A.C. Approval of an analytical method not included in the above refere nced list is not necessary if the analytical method is in accordance with 40 CFR 136.

2. Parameters which must be monitored as a result of a surface water discharge shall be analyzed using a sufficiently sensitive method in acco rdance with 40 CFR Part 136. Field measurement methods for pH and dissolved oxygen shall be in accordance with relevant sections in DEP SOP 001/01, 2/1/2004.

3. Herbicide use is authorized for maintenance pur poses if the use is in accordance with the labeled instructions and any applicable State permit. Discharge of any product registered under the Federal Insecticide, Fungicide, and Rodenticide Act to any waste stream, which ultimately may be released to waters of the State, is prohibited unless specifically authorized by this permit and documented in the
administrative record.

The permittee shall notify the Department in writing at the address listed in Condition I.E.5 no later than three months prior to instituting use of any chem ical in any portion of the treatment system which is not already authorized by this permit and may be toxic to aquatic life. The Department shall review the above information to determine if a permit revi sion is necessary. Such notification shall include:

a. Name of chemical;

b. Chemical manufacturer;Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 7 of 18

7 c. Frequency of use; and d. Quantities to be used.

4. The District shall notify the Department within 24 hours of any unanticipated diversions bypasses of flow through the G-407 gated structure. Notifications of diversions bypasses through this structure shall be made pursuant to the requirements of the STA-6 NPDES permit. Bypasses shall be limited to the shortest time possible and are not allowed solely to achieve the WQBEL. Bypasses are subject to and must meet the requirements of Items VIII.20, 21, and 22 of this permit.

5. Monitoring requirements under this permit are effective on the first day of the second month following permit issuance. Until such time, the permittee shall continue to m onitor and report in accordance with previously effective permit requirements, if any. During the period of operation authorized by this permit, the permittee shall complete and submit Di scharge Monitoring Reports (DMRs) in accordance with the frequencies specified by the REPORT type below and indicated on the DMR forms. Monitoring results for each monitoring period sha ll be submitted in accordance with the associated DMR due dates to the address specified below.

REPORT Type
on DMR Monitoring Period DMR Due Date

Monthly 2 first day of month – last day of month 28 th day of the third month following the month of sampling Annual May-April 28 th day of July

Florida Department of Environmental Protection Wastewater Compliance Evaluatio n Section, Mail Station 3551
Bob Martinez Center
2600 Blair Stone Road Tallahassee, Florida 32399-2400

6. Unless specified otherwise in this permit, all reports and notifications required by this permit, including twenty-four hour notifications, shall be submitted to or reported to the Department’s
Tallahassee Office and the South east District Office at the addresses specified below:

Florida Department of Environmental Protection Division of Water Resource Management Water Quality Standards & Special Projects Program
2600 Blair Stone Road Tallahassee, FL 32399-2400 Phone Number - (850) 245-8416 Fax Number* - (850) 412-0681

AND

Florida Department of Environmental Protection
Southeast District Office 400 N. Congress Avenue West Palm Beach, FL 33416-5425 Phone Number - (561) 681-6600 Fax Number* - (561) 681-6755

*All FAX copies shall be followed by original copies.

2 DMRs shall be submitted for each required monitoring period including months of no discharge.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 8 of 18

8 7. The permittee shall submit an Annual Report (the South Florida Environmental Report) demonstrating compliance with the terms of this permit and according to the schedule as set forth in Section VI.1. The Annual Report shall provide details regarding the status of implementation of the requirements of improvements, enhancements, and strategies identified in this permit. Specifically, the report shall include details regarding:

a. Implementation of the WQBEL projects and activities required by this permit and affecting flows and loads to STA-5;

b. source control implementation and optimization;

c. STA design modifications affecting implementation of the WQBEL and activities required by this permit;

d. improvements, enhancements, and strategies that have been initiated and/or completed within the previous year;

e. any delays in the implementation of the requirements of this permit, improvements, enhancements, or strategies

, and the duration of the delays , the reason(s) for the delays, and the expected timeframe for their resolution;

f. operational status of the STA – whether it is in start-up or routine operations ;

g. whether the facility is achieving the effluent limitations set forth in the TBEL and/or the implementation status of STA Recovery Plans;

h. whether revisions and/or additions to the requirements of this permit improvements, enhancements, and strategies are recommended;

i. For any noncompliance with permit conditions, an evaluation of the cause(s) and implementation
of remedial measures ; implementation of remedial measu res in the event of non

- compliance with permit conditions; and

j. An assessment of the inflow volumes and phosphorus loads during the year relative to the anticipated operational envelope contained in the Technical Support Document for the STA-5 and whether the facility was operated within or outside of the operational envelope

.

8. All reports and other information shall be signed in accordance with requirements of Rule 62-620.305,
F.A.C.

9. The permittee shall provide safe access points for ob taining representative samples which are required by this permit.

10. Upon demonstration that a specific parameter(s) is consistently shown to be undetected in the effluent, the permittee shall request a modification to the monitoring program as appropriate. A minimum of one year of data, for those parameters being samp led quarterly or more frequently, shall be required prior to the Department approving any modification to the monitoring program. The Department may approve a reduction of the monitoring frequency or waive the monitoring requirement for parameters which are consistently shown to be undetected in the effluent.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 9 of 18

9 11. The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under the Endangered Species Act or Migratory Bird Treaty Act. The report should include the species involved, an estimate of the number of individuals involved, actions taken to avoid deleterious impacts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estim ate of when facility operation will no longer be impacted or constrained.

II. Industrial Sludge Management Requirements

1. This section is not applicable to this facility.

III. Ground Water Monitoring Requirements

1. This section is not applicable to this facility.

IV. Other Land Application Requirements

1. This section is not applicable to this facility.

V. Operation and Ma intenance Requirements

A. Operation of Treatment Facilities

1. The permittee shall ensure that the operation of this facility is as described in the application and supporting documents.

2. The operation of the pollution control facilities described in this permit shall be under the supervision of a person who is qualified by formal training and/or practical experience in the field of water pollution
control.

3. Activities such as ongoing maintenance may have adverse impacts on STA performance. In addition, major events may compromise the structural integrity or performance of the STA or section(s) of the STA. Such activities or events will be subject to th e planned changes, bypass, and/or upset provisions set forth in Section VIII Paragraphs 17, 22, and 23.

B. Record Keeping Requirements:

1. The permittee shall maintain the following records at the South Florida Water Management District’s (District) headquarters and make them available for inspection:

a. Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certifi cation showing the certification number of the laboratory, for at least three years from the date the sample or measurement was taken;

b. Copies of all reports, other than those required in items a. and f. of this section, required by the permit for at least three years from the date the report was prepared, unless otherwise specified by Department rule;

c. Records of all data, including reports and documents used to complete the application for the permit for at least three years from the date the application was filed, unless otherwise specified by Department rule;

d. A copy of the current permit;Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 10 of 18

10 e. A copy of any required record drawings;

f. Copies of the logs and schedules showing plant operations and equipment maintenance for three years from the date on the logs or schedule.

VI. Schedules

1. The Annual Report shall be recei ved by the Department no later th an March 1 of each year following
the effective date of issuance of this permit. Each Annual Report shall present the information for the previous water year, from May 1 to April 30. Upon approval by the Department, the District may modify the Annual Report submission date to coincide with multiple reporting requirements and time periods needed for data acquisition and analysis.

2. A revised Pollution Prevention Plan (PPP) shall be prepared and implemente d in accordance with the following schedule:

Action Item Scheduled Completion Date

1 Develop and Implement revised Pollution Prevention Plan Completion of scheduled Long

Term Plan enhancements to
STA

- 5 As needed upon completion of and compliance with the requirements of this permit

2. Submittal of revised Pollution Prevention Plan if additional enhancements are implemented Changes that warrant
modifications to the current PPP + 90 days

3. Upon completion of and compliance with the requirements specified herein, the permittee shall submit to the Department an updated Operations Plan for ST A-5. Until the updated Operations Plan is submitted by the permittee and approved by the Department, the previously existing Operations Plan shall remain in
effect.

VII. Other Specific Conditions

A. Specific Conditions Applicable to All Permits

1. Drawings, plans, documents or specifications submitted by the permittee, not attached hereto, but retained on file with the Department, are made a part hereof.

2. Where required by Chapter 471 (P.E.) or Chapter 492 (P.G.) F.S., applicable portions of reports to be submitted under this permit, shall be signed and sealed by the professional(s) who prepared them.

3. This permit satisfies the Industrial Wastewater Program permitting requirements only and does not authorize operation of this facility prior to obtainin g any other permits required by local, state or federal agencies.

B. Specific Conditions Related to Construction

1. Within 30 days of completion of construction, the permittee shall submit to the Department a completed “Certification of Completion of Construction” (DEP Form 62-620.910(12)) signed and sealed by the engineer of record or other engineer registered in the state of Florida.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 11 of 18

11 2. Record drawings shall be prepared and made av ailable in accordance with Rule 62-620.410(6), F.A.C.,
and the Department of Environmental Protection Guide to Wastewater Permitting within six months of placing the facilities into operation .

C. Duty to Reapply

1. The permittee shall apply for renewal of this permit at least 180 days before the expiration date of this permit using the appropriate forms listed in Rule 62-620.910, F.A.C., including submittal of the appropriate processing fee set forth in Rule 62-4.050, F.A.C.

D. Specific Conditions Related to the Pollution Prevention Plan

1. A revised PPP shall be prepared, submitted to the Department for review and approval, and implemented in accordance with the schedule set forth in Section VI.2.

2. The STA-5 Project shall be operated in accorda nce with the existing PPP (Exhibit C) until such time as a revised PPP is approved by the Department. If th e permitted facilities are demonstrated not to be achieving compliance with the requ irements of this permit, the permittee shall submit a modified PPP for Department review and approval as appropriate.

E. Re-opener Clause

1. The permit shall be revised, or alternatively, revoked and reissued in accordance with the provisions
contained in Rules 62-620.325 and 62-620.345 F.A.C ., if applicable, or to co mply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of the Clean Water Act (the Act), as amended, if the effluent standard, limitation, or water quality standard so issued or approved:

a. Contains different conditions or is otherwise more stringent than any condition in the permit/or;

b. Controls any pollutant not addressed in this permit.

The permit as revised or reissued under this paragraph shall contain any other requirements of the Act then applicable.

2. The permit may be reopened to adjust effluent limitations or monitoring requirements should future water quality based effluent limitation (WQBEL) de terminations, water quality studies, Department approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement.

3. The Department may develop a Total Maximum Daily Load (TMDL) during the life of the permit. Once a TMDL has been established and adopted by rule, the Department may revise this permit to incorporate the final findings of the TMDL , in accordance with Section 403.067, F.S.

F. Implementation of Source Control Programs.

1. Implementation. The permittee shall continue to implement source control programs in each of the contributing basins in accordance with Chapter 40 E-63, F.A.C. and other applicable programs. Basins that do not presently include source control programs shall be monitored to determine if such programs are necessary in the event that phosphorus loads to the facility from these basins limit the facility or facilities prog ress towards achieving the WQBEL

2. Performance. On an annual basis, the permittee shall evaluate the performan ce of source controls in the contributing basins and include the findings in the annual report required in Item I.E.7. The report shall include phosphorus loads from the basi ns and shall describe trends and compare current loads to those determined necessary to achieve the WQBEL.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 12 of 18

12 3. Improvements. If the WQBEL is not achieved and if the assumed inflow concentration used to develop the Amended Determ ination remedy is exceeded, the permi ttee shall submit, as part of the annual reporting requirements in Item I.E.7, a report explaining the cause(s) for the excess concentration and, if applicable, schedules a nd strategies for source control improvements necessary to achieve the WQBEL.

VIII. General Conditions

1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, F.S. An y permit noncompliance constitutes a violation of Chapter 403, F.S., and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision. [62-620.610(1), F.A.C.]

2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications or conditions of this permit constitutes grounds for revocation and enforcement action by the Department. [62-620.610(2), F.A.C.]

3. As provided in Subsection 403.087(7), F.S., the is suance of this permit do es not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringements of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit . [62- 620.610(3), F.A.C.]

4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obta ined from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. [62-620.610(4), F.A.C.]

5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plan t life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall take all reasonable steps to minimize or pr event any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It sha ll not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. [62-620.610(5), F.A.C.]

6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit. [62-620.610(6), F.A.C.]

7. The permittee shall at all times properly operate an d maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by th e permittee to achieve compliance with the conditions of this permit. This prov ision includes the operation of backup or auxiliary facilities or similar systems when necessary to main tain or achieve complian ce with the conditions of the permit. [62-620.610(7), F.A.C.]

8. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and re -issuance, or terminati on, or a notification ofPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 13 of 18

13 planned changes or anticipated noncompliance does not stay any permit condition. [62-620.610(8), F.A.C.]

9. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department and authorized U.S. Environmental Protection Agency (EPA) personnel, when applicab le, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to a. Enter upon the permittee’s premises where a regulated facility, system, or activity is located or conducted, or where r ecords shall be kept under the conditions of this permit; b. Have access to and copy any records that sh all be kept under the conditions of this permit; c. Inspect the facilities, equipment, practices, or operations regulated or required under this permit;
and d. Sample or monitor any substances or parame ters at any location necessary to assure compliance with this permit or Department rules. [62-620.610(9), F.A.C.]

10. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, Florida Statutes, or Rule 62-620.302, F.A.C. Such evidence shall only be used to the extent that it is consis tent with the Florida Rules of Civil Procedure and applicable evidentiary rules. [62-620.610(10), F.A.C.]

11. When requested by the Department, the permittee shall within a reasonable time provide any information required by law, which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department. [62-620.610(11), F.A.C.]

12. Unless specifically stated otherwise in Department rules, the permittee, in accep ting this permit, agrees to comply with changes in Department rules an d Florida Statutes after a reasonable time for compliance; provided however, th e permittee does not waive any ot her rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addre ssed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. [62- 620.610(12), F.A.C.] However, this section cannot be used as a basis to extend the time to comply with the permit’s total phosphorus WQBELs or to obtain a mixing zone to meet the total phosphorus water quality criterion.

13. The permittee, in accepting this permit, agrees to pay the app licable regulatory program and surveillance fee in accordance with Rule 62-4.052, F.A.C. [62-620.610(13), F.A.C.]

14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the Department approves the transfer. [62-620.610(14), F.A.C.]

15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. [62-620.610(15), F.A.C.]Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 14 of 18

14 16. The permittee shall apply for a revision to the De partment permit in accordance with Rule 62-620.300, F.A.C., and the Department of Environmental Protection Guide to Wastewater Permitting at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with Rule 62-620.325(2), F.A.C., for minor modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300,
F.A.C. [62-620.610(16), F.A.C.]

17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information:

a. A description of the anticipated noncompliance; b. The period of the anticipated noncompliance, including dates and times; and c. Steps being taken to prevent fu ture occurrence of the noncompliance. [62-620.610(17), F.A.C.]

18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), or as specified elsewhere in the permit. b. If the permittee monitors any contaminate more frequently than required by the permit, using Department approved test procedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit. {DAC comment: We should double-check to be sure that anywhere we intend to use a geomean we are specifically stating so (see comments to Table I.A.1 footnotes)} d. Except as specifically provided in Rule 62-160 .300, F.A.C., any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health Environmental Laboratory Certification Program (D OH ELCP). Such certification shall be for the matrix, test method and analyte(s) being measur ed to comply with this permit. For domestic wastewater facilities, testing for parameters lis ted in Rule 62-160.300(4), F.A.C., shall be
conducted under the directio n of a certified operator. e. Field activities including on-site tests and sample collection shall follow the applicable standard operating procedures described in DEP-SOP-001/01 adopted by reference in Chapter 62-160,
F.A.C. f. Alternate field procedures and laboratory methods may be used where they have been approved in
accordance with Rule s 62-160.220 and 62 -160.330, F.A.C. [62-620.610(18), F.A.C.]

19. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date. [62-620.610(19), F.A.C.]

20. The permittee shall report to the Department’s Ta llahassee Office and the Sout heast District Office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permit tee becomes aware of the circumstances. The written submission shall contain: a description of the noncompliance and its cause; the period of noncompliance including exact dates and time, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurr ence of the noncompliance. a. The following shall be included as information which must be reported within 24 hours under this
condition:Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5
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15 (1) Any unanticipated bypass which causes any recl aimed water or effluent to exceed any permit limitation or results in an unpermitted discharge, (2) Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit, (3) Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice, and (4) Any unauthorized discharge to surface or ground waters.

b. Oral reports as required by this subsection shall be provided as follows: (1) For unauthorized releases or spills of untreated or treated wastewater reported pursuant to subparagraph a.(4) that are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calli ng the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519, as soon as practical, but no later than 24 hours from the time the permittee becomes aware of the di scharge. The permittee, to the extent known, shall provide the following information to the State Warning Point: (a) Name, address, and telephone number of person reporting; (b) Name, address, and telephone number of permittee or responsible person for the discharge; (c) Date and time of the discharge and st atus of discharge (o ngoing or ceased); (d) Characteristics of the wastewat er spilled or released (untreated or treated, industrial or domestic wastewater); (e) Estimated amount of the discharge; (f) Location or address of the discharge; (g) Source and cause of the discharge; (h) Whether the discharge was contained on-site, and cleanup actions taken to date; (i) Description of area affected by the discharge, including name of water body affected, if any; and (j) Other persons or agencies contacted. (2) Oral reports, not otherwise required to be provided pursuant to subparagraph b.(1) above, shall be provided to Department’s Southeast Dist rict Office within 24 hours from the time the permittee becomes aware of the circumstances. c. If the oral report has been received within 24 hours, the noncompliance has been corrected, and the noncompliance did not endanger health or the environment, the Department’s Southeast District Office shall waive the written report. [62-620.610(20), F.A.C.]

21. The permittee shall report all instances of noncompliance not reported under Conditions VIII.17, 18, 19, and 20 of this permit at the time monitoring reports are submitted. This report shall contain the same information required by Condition VIII.20. of this permit. [62-620.610(21), F.A.C.]

22. Bypass Provisions. The term “bypass” shall mean the inten tional diversion of waste streams from any portion of the treatment works. a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
and (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or ma intenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (3) The permittee submitted notices as required under Condition VIII.22.b. of this permit. b. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required inPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 16 of 18

16 Condition VIII.20. of this permit. A notice shall in clude a description of the bypass and its cause; the period of the bypass, including exact dates an d times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. c. The Department shall approve an anticipated by pass, after considering its adverse effect, if the permittee demonstrates that it will meet the three conditions listed in Condition VIII.22 a.(1) through (3) of this permit. d. A permittee may allow any bypass to occur whic h does not cause reclaimed water or effluent limitations to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Co ndition VIII.22.a. through c. of this permit. [62-620.610(22), F.A.C.]

23. Upset Provisions a. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and that the permi ttee can identify the ca use(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in Condition VIII.20. of this permit;
and (4) The permittee complied with any remedial m easures required under Condition VIII.5. of this permit. b. In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset rests with the permittee. c. Before an enforcement proceeding is institu ted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review. [62-620.610(23), F.A.C.]

DONE AND ORDERED on this 4 th day of September, 2007 in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

____________________________________________ Michael W. Sole Secretary

MS/jb/jh

FILING AND ACKNOWLEDGMENT

FILED, on this date, under Section 120.52, F.S., with the designated de puty clerk, receipt of which is hereby acknowledged.

_____________________________________________________ Clerk DatePermittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 17 of 18

17 PARTIES REQUESTING NOTICE:

Miccosukee Tribe of Indians of Flor ida, c/o Dexter Lehtinen, Esq.
Miccosukee Tribe of Indians of Fl orida, c/o Kelly Brooks, Esq. United States Sugar Corporation, c/o Bubba Wade Seminole Tribe of Indians of Florida, c/o Stephen A. Walker, Esq. Sugar Cane Growers Cooperative, Roth Farms, Inc., and Wedgeworth Farms, Inc., c/o William H. Green, Esq. Keith Saxe, Esq., U. S. Department of Justice Michael Stevens, U.S. Depart ment of the Interior (fax) Jeffrey J. Ward, Sugar Cane Growers Cooperative Philip S. Parsons, Landers & Parsons Helen Hickman, Brown & Caldwell Tom MacVicar, MacVicar, Frederico, & Lamb Charles Lee, Florida Audubon Society Samuel B. Reiner, II, Esq., Lehtinen O’ Donnell, Vargas & Reiner, P.A. Michelle W. Smith, Esq., Earl, Blank, Cavanaugh & Stotts

COPIES FURNISHED TO:

Sharon Fauver, U.S. Fish and Wildlife Service Susan Teel, U.S. Fish and Wildlife Service Jeff Bielling, FL. Dept. of Community Affairs Linda McCarthy, FL. Dept. of Agriculture Charles Oravetz, Nat. Marine Fisheries Service Don Klima, U.S. Advisory Council on Historic Preservation John Childe, Friends of the Everglades David Reiner, Friends of the Everglades Col. Paul Grosskruger, USACOE, Jacksonville Dennis Duke, USACOE, Jacksonville Peter Bestrukschko, USACOE, Jacksonville Eric Bush, USACOE, Jacksonville Richard Harvey, USEPA, West Palm Beach Philip Mancusi-Ungaro, Esq., USEPA, Atlanta Roosevelt Childress, USEPA, Atlanta Marshall Hyatt, USEPA Atlanta Dan Scheidt, USEPA, Athens Eric Hughes, USEPA, Jacksonville Janet Bussell, The Everglades Foundation Mike Waldon, Loxahatchee National Wildlife Refuge Matt Harwell, Loxahatchee National Wildlife Refuge Mike Zimmerman, Everglades National Park Ken Haddad, Florida Fish and Wildlife Conservation Commission Joe Walsh, Florida Fish and Wildlife Conservation Commission, Vero Beach

ADDITIONAL COPIES FURNISHED TO:
Eric Eikenberg, Governor’s Office Carol Wehle, SFWMD, West Palm Beach Chip Merriam, SFWMD, West Palm Beach Sheryl Wood, SFWMD, West Palm Beach Terrie Bates, SFWMD, West Palm Beach Ernie Barnett, SFWMD, West Palm Beach Linda Lindstrom, SFWMD, West Palm BeachPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5
File No.: FL0177954-003-IW7A Page 18 of 18

18 Dean Powell, SFWMD, West Palm Beach Sean Sculley, SFWMD, West Palm Beach Susan Sylvester, SFWMD, West Palm Beach Deb Drum, SFWMD, West Palm Beach Gary Goforth, Gary Goforth, Inc., Stuart Tracey Piccone, SFWMD, West Palm Beach Tom Kosier, SFWMD, West Palm Beach Jim Galloway, SFWMD, West Palm Beach Ron Bearzotti, SFWMD, West Palm Beach Kirk Burns, Esq., SFWMD, West Palm Beach John Mitnik, SFWMD, West Palm Beach Maria Clemente, SFWMD, West Palm Beach Delia Ivanoff, SFWMD, West Palm Beach Kathy Pietro, SFWMD, West Palm Beach Juliann LaRock, SFWMD, West Palm Beach Linda Crean, SFWMD, West Palm Beach Joe Albers, SFWMD, West Palm Beach Hongying Zhao, SFWMD, West Palm Beach Guy Germain, SFWMD, West Palm Beach Joseph Jean-Jacques, SFWMD, West Palm Beach Kevin Nicholas, SFWMD, West Palm Beach Nicole Howard, SFWMD, West Palm Beach Greg Knecht, FDEP, Tallahassee John Outland, FDEP, Tallahassee Frank Nearhoof, FDEP, Tallahassee Shelley Yaun, FDEP, Tallahassee Ernie Marks, FDEP, Tallahassee Kenny Hayman, Esq., FDEP, Tallahassee David Crowley, Esq., FDEP, Tallahassee Tom Atkeson, FDEP, Tallahassee William Kennedy, FDEP, West Palm Beach Inger Hansen, FDEP, West Palm Beach

### STATE OF FLORIDA
INDUSTRIAL WASTEWATER FACILITY PERMIT

PERMITTEE: PERMIT NUMBER: FL0473804-001 South Florida Water Management District PA FILE NO.: FL0473804-001-IW7A
3301 Gun Club Road ISSUANCE DATE: September 4, 2007 West Palm Beach, FL. 33406 EXPIRATION DATE: September 4, 2012

RESPONSIBLE AUTHORITY:

Ms. Carol Ann Wehle
Executive Director

FACILITY:

Stormwater Treatment 6 (STA-6) Hendry and Palm Beach Counties

Latitude: 26° 22’ 41” N Longitude: 80° 52’ 54” W

This permit is issued under the provisions of Chapter 40 3, Florida Statutes (F.S.) and applicable rules of the Florida Administrative Code (F.A.C.) and constitutes auth orization to discharge to waters of the State under the National Pollutant Discharge Elimination System (NPDES). This permit is accompanied by an Administrative Order (Order), AO

- 012

- EV, pursuant to Subsections 403.088 (2)(e) and (f), F.S. Compliance with AO

- 012

- EV is a specific requirement of this permit. The above named permittee is hereby authorized to construct and operate the facilities required by this permit shown on the application and other documents attached hereto or on file with the Department and made a part hereof

.

PROJECT DESCRIPTION:

This permit authorizes the continued operation and ma intenance of Stormwater Treatment Area (STA) 6. STA-6 is a part of the Everglades Construction Project (ECP), construction, operation, and maintenance of which is required by the Everglades Forever Act (EFA), Section 373.4592, F.S. The STA-6 Project (Figure 1) consists of the STA-6 Inflow Structures, STA-6 Interior Works, STA-6 Outflow Structures, STA-6 Discharge Canal, STA-6 Discharge Canal Relocation, Levee Bridge, Structure Removal, G-407 Diversion Structure, and STA-6 Inflow Works Modification. STA-6 is a Stormwater Management System (SMS) as defined in Subsection 373.403(10), F.S. , and therefore is not subject to state surface water quality standards within STA-6 pursuant to Subsection 373.4142, F.S.

EFFLUENT DISPOSAL:

This permit authorizes the di scharge of treated stormwater non-process wastewater from a 2,270 acres constructed wetland system (STA-6) to Water Conservation Area 3 (WCA-3A). Treated water from STA-6 will be discharged into the L-3 Borrow Canal from the G352A-C, G354A -C, and G393A-C Outflow Structures. Once discharged into the L-3 Borrow Canal, the treated water is released into the WCA-3A. All
of the surface waters and wetlands located within the receiving water body, WC A-3A, are Class III Fresh

waters.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 2 of 18

2 Surface Water Discharge:

An existing discharge to the L-3 Borrow Canal (Class III Fresh waters), monitoring group D-001 (G-352B) is located approximately at Latitude: 26° 22’ 15” N Longitude: 80° 52’ 53” W

An existing discharge to the L-3 Borrow Canal (Class III Fresh waters), monitoring group D-002 (G-354C) is located approximately at Latitude: 26° 21’ 00” N, Longitude: 80° 52’ 85” W

An existing discharge to the L-3 Borrow Canal (Class III Fresh waters), monitoring group D-003 (G-393B) is located approximately at Latitude: 26° 20’ 19” N, Longitude: 80° 52’ 93” W

IN ACCORDANCE WITH:

The limitations, monitoring requirements and other conditions as set forth in Part I through Part VIII on pages 3 through 14 of this permit.

I. Effluent Limitati ons and Monitoring Requirements

A. Surface Water Discharges

1



### . During the period beginning upon the issuance permit effective date and lasting through the expiration date of this permit, the permittee is authorized to discharge stormwater nonprocess wastewater from Outfall D-001 through D-003. Such discharge shall be limited and monitored by the permittee as specified below.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 3 of 18

3 Discharge Limitations Monitoring Requirements

Parameters (units) Daily
Minimum Daily
Maximum Annual Average Other Monitoring Frequency Sample Type Sample
Point

Not to exceed 10 as a geometric mean

(GM) annual average in more
than two
consecutive years * 1 18 as a flowweighted mean (FWM) annual

average *

Phosphorus, Total (as P) (ppb) -- --

See I.A.5 2 Weekly GM – based on grab samples
collected

when discharge

occurs

FWM - 7-day
flow proportioned

composite EFF-1, 2,
3 and 4

Phosphorus, Total (as P) (ppb) -- -- See I.A.6 Report 1 ** Weekly 7-day flow proportioned

composite INT 1, 2

Oxygen, Dissolved (DO) (mg/l) See I.A.7 Weekly Meter EFF-1, 2,
3 and 4

Oxygen, Dissolved (DO) (mg/l) Report Weekly Meter INT-1, 2,

Flow (cfs) -- Report See I.A.6 Report Continuous Recorder EFF-1, 2,
3 and 4 INT-1, 2

pH (SU) 6.0 8.5 -- Weekly Grab (Meter) EFF-1, 2,
3 and 4

2. Effluent samples shall be taken at the monitoring site locations listed in permit condition I.A.1 and
as described below:

Sample Point Description of Monitoring Location

EFF-1 Sampling location for Outfall D-001 at the G-352B structure

* 1 All EFF TP m onitoring results for this parameter shall be reported as separate weekly values without rounding to whole numbers. The results shall also be reported as FWM annual averages that are calculated based on the FWM of the weekly values. The resul ts shall also be reported as GM monthly average and as an annual average s that are calculated based on a ll sample point weekly values collected when discharge occurs in the previous 12 months. All FWM and GM annual averages shall be reported to the nearest who le number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall be reported as 10 ppb). The “monthly average” is a flow

- weighted mean of the weekly effluent samples. The “annual average” shall be comput ed for each water year (May

- April) and is equal to the
flow

- weighted mean concentration for the water year.

** All SWU TP monitoring results shall be reported as separate weekly values without rounding to whole numbers. All results shall also be reported as monthly averages a nd as FWM annual averages. The monthly averages and FWM annual averages shall be calculated based on the FWM of the weekly values and shall be reported to the nearest whole number (i.e., 10.5 ppb shall be rep orted as 11 ppb; 10.49 ppb shall be reported as 10 ppb).

2 The 10 ppb effluent limit represents the phosphorus criterion set forth in Rule 62

- 302.540(4)(a), F.A.C. and is consistent with Section 301(b)(1)(C) of the CWA. A water quality based effluent limitation (WQBEL) f or phosphorus will be established in
accordance with Rule 62

- 650 F.A.C. and Section 3 73.4592 Florida Statutes by December 31, 2010 and will be a major permit modification. It is recognized that th e ultimate WQBEL to be developed may be higher than a flow

- weighted mean of 10 ppb. The antibacksliding provisions of the CWA and NPDES regulations do not apply to an effluent limitation with a delayed compliance da te, until the date of compliance. In this case, re strictions on backsliding would not apply to the 10 ppb permit effluent limit until the established WQBEL takes effect at the end of the compliance schedule.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 4 of 18

4

EFF-2 Sampling location for Outfall D-002 at the G-354C structure

EFF-3 Sampling location for Outfall D-003 at the G-393B structure

INT-1 Inflow monitoring location at the G-396B Structure

INT-2 Inflow monitoring location at the G-353B Structure

3. There shall be no discharge of floating solids or visible foam in other than trace amounts. This provision shall not be interpreted to prevent discha rges of constituents normally found in or resulting from marsh wetland systems.

4. The discharge shall not cause a visible sheen on the receiving water. This provision shall not be interpreted to prevent discharges of constituents normally found in or resulting from marsh wetland
systems.

5. The discharge shall not cause phosphorus concentrations in the receiving waters to be altered so as to cause or contribute to an imbalance in natural populations of aquatic flora or fauna. The discharge shall not cause phosphorus concentrations in the receiving wate rs to exceed the criteria in Rule 62-302.540(4)(a), F.A.C., except as autho rized in the accompanying Order AO

- 012

- EV which is hereby incorporated by
reference

. Beginning at the end of April after the permit effective date and at the end of each April thereafter, the permittee shall report the FWM annual average using data it collected for the prior 12 months. Beginning at the end of April after the permit effective date and at the end of each April thereafter, the permittee shall report the GM annual average using data it collected for each of the prior 3

years.

6. In the year following any two consecutive years where the TP GM annual average exceeds 10 ppb, the permittee shall report quarterly the GM of all monthly TP values for that year. If that mean exceeds 10 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that mean is as high as it is and the specific steps it is taking to
ensure that the TP GM for th at year will no t exceed 10 ppb.

For the TP FWM WQBEL, the permittee shall report qua rterly the average of all monthly FWMs for that year. If that average exceeds 18 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that average is as high as it is and the specific steps it is taking to ensure that the TP FWM annual average for that year will not exceed 18 ppb.

7. If the facility does not meet the FWM WQBEL in an y year, the permittee shall report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 18 ppb). If the facility does not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 10 ppb) for that year and the previous two years.

8. Samples taken in accordance with Section I.A.1 and submitted monthly as part of the Discharge Monitoring Report (DMR) shall be analyzed to provide an annual assessment in the Annual Report as to whether the facility is operating within or outside the operational envelope. The assessment shall be based on annual inflow volumes and phosphorus loads and shall compare flows and loads to the corresponding average values contained in the operational envelope described in Exhibit A (Goforth et al, 2007). If the annual inflow volumes or phosphorus loads exceed the corresponding average values of the operational envelope during an annual compliance period, the District shall conduct a review of potential causes and include this review in the annual report. Departmental concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply releases that would result in an exceedance of the maximumPermittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 5 of 18

5 levels of flow or phosphorus load contained in the operational envelope.

9 . The dissolved oxygen parameter shall meet the requirements set forth in the Everglades Marsh Dissolved Oxygen Site Specific A lternative Criteria (DO SSAC, Exhibit B). Compliance with the DO SSAC shall be evaluated annually using a statistical analysis to compare dissolved oxygen levels within facility discharges to predicted model values. The specific methods for determining compliance are set forth in the DO SSAC which was adopted by Secretarial Order on January 26, 2004, and approved by the U.S. Environmental Protection Agency as a revision to the State of Florida’s water quality standards on June 16, 2004.

B. Underground Injection Control Systems 1. This section is not applicable to this facility.

C. Land Application Systems 1. This section is not applicable to this facility.

D. Other Methods of Disposal or Recycling 1. There shall be no discharge of in dustrial wastewater from this f acility to ground or surface waters, except as authorized by this permit.

E. Other Limitations and Moni toring and Reporting Requirements

1. The sample collection, analytical test methods and method detection limits (MDLs) applicable to this permit shall be in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. The list of Department established analytical methods and corresponding MDLs and PQLs (practical quantification limits), which is titled “Florida Department of Environmental Protection Table as Required By Rule 62-4.246(4) Testing Methods for Discharges to Surface Water” dated April 25, 2006, is available from the Department at http://www.dep.state.fl.us /labs/guidance/index.htm . The MDLs and PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values and the Departme nt shall not accept results for which the laboratory's MDLs or PQ Ls are greater than those descri bed above unless alternate MDLs and/or PQLs have been specifically approved by the Department for this permit. Any method included in the list may be used for reporting as long as it meets the following requirements:

a. The laboratory’s reported MDL and PQL values fo r the particular method must be equal or less than the corresponding method values specified in the Department’s approved MDL and PQL list;

b. The laboratory reported MDL for the specific parame ter is less than or equal to the permit limit or the applicable water quality criteria, if any stated in Chapter 62-302, F. A.C. Parameters that are listed as “report only” in the permit shall use methods that provide a PQL, which is equal to or less than the applicable water quality cr iteria stated in 62-302 F.A.C.; and

c. If the MDLs for all methods available in the approved list are above the stated permit limit or applicable water quality criteria for that parameter, then the me thod with the lowest stated MDL
shall be used.

Where the analytical results are below method de tection or practical quantification limits, the permittee shall report the actual laboratory MDL an d/or PQL values for the analyses that were performed following the instructions on the applicable discharge monitoring report.

Where necessary, the permittee may request appr oval of alternate method s or for alternative MDLs and PQLs for any approved analytical method. Approval of alternate laboratory MDLs or PQLs is not necessary if the laboratory reported MDLs and PQLs are less than or equal to the permit limit or the applicable water quality criteri a, if any, stated in Chapter 62-302, F.A.C.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 6 of 18

6 Approval of an analytical method not included in the above refere nced list is not necessary if the analytical method is in accordance with 40 CFR 136

2. Parameters which must be monitored as a result of a surface water discharge shall be analyzed using a sufficiently sensitive meth od in accordance with 40 CFR Part 136. Field measurement methods for pH and dissolved oxygen shall be in accordance with relevant sections in DEP SOP 001/01, 2/1/2004.

3. Herbicide use is authorized for maintenance purpos es if the use is in accordance with the labeled instructions and any applicable St ate permit. Discharge of any prod uct registered under the Federal Insecticide, Fungicide and Rodenticide Act to any waste stream, which ultimately may be released to waters of the State, is prohibited unless specifically authorized by this permit and documented in the
administrative record.

The permittee shall notify the Department in writing at the address listed in Condition I.E.5 no later than three (3) months prior to instituting use of any chemical in any portion of the treatment system which is not already authorized by this permit and may be toxic to aquatic life. The Department shall review the above information to determine if a pe rmit revision is necessary . Such notification shall
include:

a. Name of chemical;

b. Chemical manufacturer;

c. Frequency of use;

d. Quantities to be used;

4. The District shall notify the Department within 24 hours of any unanticipated diversion s bypasses of flow through the G-407 Diversion Structure. The District shall notify the Department as soon as practicable in advance of anticipated bypasses diversions , with the exception of routine maintenance. The submitted notification shall include a description of the circumstances related to the diversion bypass and a projection of the anticipated duration of the bypass diversion . All diversions bypasses occurring through the G-407 structure shall be monitored for the parameters list ed in the table below. As soon as practicable after
cessation of all bypasses diversions , the District shall submit a summary of the data collected from the table below, and identify the duration of the bypasses diversions . Bypasses shall be limited to the shortest time possible and are not allowed solely to achieve the WQ BEL. Bypasses are subject to and must meet the requirements of Items VIII.20, 21, and 22 of this permit.

Parameter Units Sample Type Frequency Total Phosphorus mg/l Grab Weekly Flow CFS Calculated Daily Average

5. Monitoring requirements under this permit are eff ective on the first day of the second month following permit issuance. Until such time, the permittee shall continue to monitor and report in accordance with previously effective permit requirements, if any. During the period of operation authorized by this permit, the permittee shall complete and submit Discharge Monitoring Reports (DMRs) in accordance with the frequencies specified by the REPORT type below and indicated on the DMR forms. Monitoring results for each monitoring period shall be su bmitted in accordance with the associ ated DMR due dates to the address specified below.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 7 of 18

7 REPORT Type
On DMR Monitoring Period DMR Due Date

Monthly 3 first day of month – last day of month 28 th day of the third month following the month of sampling Annual May – April 28 th day of July

Florida Department of Environmental Protection Wastewater Compliance Evaluation Section, Mail Station 3551
Bob Martinez Center
2600 Blair Stone Road Tallahassee, Florida 32399-2400

6. Unless specified otherwise in this permit, all repo rts and notifications required by this permit, including twenty-four hour notifications, shall be submitted to or reported to the Department’s Tallahassee Office and
the Southeast District Office at the address specified below:

Florida Department of Environmental Protection Division of Water Resource Management Water Quality Standards & Special Projects Program 2600 Blair Stone Road, MS 3560 Tallahassee, Florida 32399-2400 Phone Number – (850) 245-8416 Fax Number* - (850) 412-0681

AND

Florida Department of Environmental Protection
Southeast District Office 400 N. Congress Avenue West Palm Beach, Florida 33416-5425 Phone Number – (561) 681-6600 Fax Number* - (561) 681-6755

*All FAX copies shall be followed by original copies.

7. The permittee shall submit an Annual Report (the South Florida Environmental Report) demonstrating compliance with the terms of this permit and according to the schedule as set forth in Section VI.1. The Annual Report shall provide a compliance evaluation of the STA

- 6 project and details regarding
the status of implementation of the requirements of improvements, enhancements, and strategies
identifie d in this permit. Specifically, the report shall include details regarding:

a. Implementation of projects the WQBEL and activities required by this permit and affecting flows and loads to STA-6;

b. source control implementation and optimization;

c. STA design modifications affecting implementation of the WQBEL and activities required by this permit;

d. improvements, enhancements, and strategies that have been initiated and/or completed within the

3 DMRs shall be submitted for each required monito ring period including m onths of no dischargePermittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 8 of 18

8 previous year;

e. any delays in the requirements of this permit, implemen tation of the improvements, enhancements, or strategies and the duration of the delays , the reason(s) for the delays, and the expected timeframe for their resolution;

f. operational status of the STA – whether it was in start-up or routine operations ;

g. whethe r the facility is achieving the effluent limitations set forth in the TBEL and/ or the implementation status of STA Recovery Plans;

h. whether revisions and/or additions to the requirements of this permit improvements, enhancements, and strategies are recommended;

i. For any noncompliance with permit conditions, an evaluation of the cause(s) and implementation
of remedial measures implementation of remedial measures in the event of non

- compliance with permit conditions ; and

j. An assessment of the inflow volumes and phosphorus loads during the year relative to the anticipated operational envelope contained in the Technical Support Document for the STA-6 and whether the facility was operated within or outside of the operational envelope.

8. All reports and other information shall be signed in accordance with requirements of Rule 62-620.305,
F.A.C.

9. The permittee shall provide safe access points for ob taining representative samples which are required by this permit.

Upon demonstration that a specific parameter(s) is consistently shown to be undetected in the effluent, the permittee shall request a modification to the monitori ng program as appropriate. A minimum of one year of data, for those parameters being sampled qua rterly or more frequently, shall be required prior to the Department approving any modification to the monitoring program. The Department may approve a reduction of the monitoring frequency or waive the monitoring requirement for parameters which are consistently shown to be undetected in the effluent.

10. The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under the Endangered Species Act or Migratory Bird Treaty Act. The report should include the species involved, an estimate of the number of individuals involved, actions taken to avoid deleterious impacts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estim ate of when facility operation will no longer be impacted or constrained.

II. Industrial Sludge Management Requirements 1. This section is not applicable to this facility

.

III. Ground Water Monitoring Requirements 1. This section is not applicable to this facility

.

IV. Other Land Application Requirements 1. This section is not applicable to this facility.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 9 of 18

9 V. Operation and Main tenance Requirements

A. Operation of Treatment Facilities

1. The permittee shall ensure that the operation of this facility is as described in the application and supporting documents.

2. The operation of the pollution control facilities described in this permit shall be under the supervision of a person who is qualified by formal training and/or practical experience in the field of water pollution control.

3. Activities such as ongoing maintenance may have adverse impacts on STA performance. In addition, major events may compromise the structural integrity or performance of the STA or section(s) of the STA. Such activities or events shall be subject to the planned changes, bypass, and/or upset provisions set forth in Section VIII Paragraphs 17, 22 and 23.

B. Record Keeping Requirements

1. The permittee shall maintain the following records at the South Florida Water Management District’s (District) headquarters and make them available for inspection:

a. Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certification showing the certification number of the laboratory, for at least three years from th e date the sample or measurement was taken;

b. Copies of all reports, other than those required in items a. and f. of this section, required by the permit for at least three years from the date the re port was prepared, unless otherwise specified by Department rule;

c. Records of all data, including reports and documents used to complete the application for the permit for at least three years from the date the ap plication was filed, unless otherwise specified by Department rule;

d. A copy of the current permit;

e. A copy of any required record drawings;

f. Copies of the logs and schedules showing plant operations and equipment maintenance for three years from the date on the logs or schedule.

VI. Schedules

1. The Annual Report shall be received by the Department no later than March 1 of each year following
the effective date of issuance of this permit. Each Annual Report shall present the information for the previous water year, from May 1 to April 30. Upon approval by the Department, the District may modify the Annual Report submission date to coincide with multiple reporting requirements and time periods needed for data acquisition and analysis.

2. A revised Pollution Prevention Plan (PPP) shall be prepared and implemente d in accordance with the following schedule:Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 10 of 18

10 Action Item Scheduled Completion Date 1 Develop and implement revised Pollution Prevention Plan Completion of scheduled Long

Term Plan enhancements to

STA

- 6 As needed upon completion of and compliance with the requirements of this permit

2. Submittal of revised Pollution Prevention Plan if additional enhancements are implemented Changes that warrant
modifications to the current PPP + 90 days

3. Upon completion of and compliance with the requirements specified herein, the permittee shall submit to the Department an updated Operations Plan for ST A-6. Until the updated Operations Plan is submitted by the permittee and approved by the Department, the previously existing Operations Plan shall remain in
effect.

VII. Other Specific Conditions

A. Specific Conditions Applicable to All Permits 1. Drawings, plans, documents or specifications submitted by the permittee, not attached hereto, but retained on file with the Department, are made a part hereof.

2. Where required by Chapter 471 (P.E.) or Chapter 492 (P.G.) F.S., applicable portions of reports to be submitted under this permit shall be signed and sealed by the professional(s) who prepared them.

3. This permit satisfies the Industrial Wastewater Program permitting requirements only and does not authorize operation of this facility prior to obtaining any other permits required by local, state or federal agencies.

B. Specific Conditions Related to Construction

1. Within 30 days of completion of construction, the permittee shall submit to the Department a completed “Certification of Completion of Construction” (DEP Form 62-620.910(12)) signed and sealed by the engineer of record or other en gineer registered in the state of Florida.

2. Record drawings shall be prepared and made ava ilable in accordance with Rule 62-620.410(6), F.A.C., and the Department of Environmental Protection Guide to Wastewater Permitting within six months of placing the facilities into operation.

C. Duty to Reapply 1. The permittee shall apply for renewal of this permit at least 180 days before the expiration date of the permit using the appropriate forms listed in Rule 62-620.910, F.A.C., including submittal of the appropriate processing fee set fo rth in Rule 62-4.050, F.A.C.

D. Specific Conditions Related to the Pollution Prevention Plan

1. A revised Pollution Prevention Plan (PPP) shall be prepared, submitted to the Department for review and approval, and implemented in accordance with the schedul e set forth in Section VI.2.

2. The STA-6 Project shall be operated in accorda nce with the existing PPP (Exhibit C) until such time as a revised PPP is approved by the Department. If th e permitted facilities are demonstrated not to bePermittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 11 of 18

11 achieving compliance with the requ irements of this permit, the permittee shall submit a modified PPP for Department review and approval as appropriate.

E. Reopener Clause 1. The permit shall be revised, or alternatively, revoked and reissued in accordance with the provisions contained in Rules 62-620.325 and 62-620.345, F.A.C., if applicable, or to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act (the Act), as amended, if the effluent standard, limitation, or water quality standard so issued or approved:

a. Contains different conditions or is otherwise more stringent than any condition in the permit; or,

b. Controls any pollutant not addressed in this permit.

The permit as revised or reissued under this paragraph shall contain any other requirements of the Act then applicable.

2. The permit may be reopened to adjust effluent limitations or monitoring requirements should future water quality based effluent limitation (WQBEL) de terminations, water quality studies, Department approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement.

3. The Department may develop a Total Maximum Daily Load (TMDL) during the life of the permit. Once a TMDL has been established and adopted by rule, the Department may revise this permit to incorporate the final findings of the TMDL , in accordance with Section 403.067, F.S.

F. Implementation of Source Control Programs.

1. Implementation. The permittee shall continue to implement source control programs in each of the contributing basins in accordance with Chapter 40 E-63, F.A.C. and other applicable programs. Basins that do not presently include source control programs shall be monitored to determine if such programs are necessary in the event that phosphorus loads to the facility from these basins limit the facility or facilities prog ress towards achieving the WQBEL

2. Performance. On an annual basis, the permittee shall evaluate the performan ce of source controls in the contributing basins and include the findings in the annual report required in Item I.E.7. The report shall include phosphorus loads from the basi ns and shall describe trends and compare current loads to those determined necessary to achieve the WQBEL.

3. Improvements. If the WQBEL is not achieved and if the assumed inflow concentration used to develop the Amended Determ ination remedy is exceeded, the permi ttee shall submit, as part of the annual reporting requirements in Item I.E.7, a re port explaining the cause(s) for the excess loads and, if applicable, schedules and strategies for source control improvements necessary to achieve the WQBEL.

VIII. General Conditions

1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, F.S. An y permit noncompliance constitutes a violation of Chapter 403, F.S., and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision. [62-620.610(1), F.A.C.]

2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications or conditions of this permit constitutes grounds for revocation and enforcement action by the Department. [62-620.610(2), F.A.C.]Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 12 of 18

12 3. As provided in Subsection 403.087(7), F.S., the is suance of this permit do es not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringements of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit . [62- 620.610(3), F.A.C.]

4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obta ined from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. [62-620.610(4), F.A.C.]

5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plan t life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall take all reasonable steps to minimize or pr event any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It sha ll not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. [62-620.610(5), F.A.C.]

6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit. [62-620.610(6), F.A.C.]

7. The permittee shall at all times properly operate an d maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by th e permittee to achieve compliance with the conditions of this permit. This prov ision includes the operation of backup or auxiliary facilities or similar systems when necessary to main tain or achieve complian ce with the conditions of the permit. [62-620.610(7), F.A.C.]

8. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and re issuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. [62-620.610(8), F.A.C.]

9. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department and authorized U.S. Environmental Protection Agency (EPA) personnel, when applicab le, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to a. Enter upon the permittee’s premises where a regulated facility, system, or activity is located or conducted, or where r ecords shall be kept under the conditions of this permit; b. Have access to and copy any records that sh all be kept under the conditions of this permit; c. Inspect the facilities, equipment, practices, or operations regulated or required under this permit;
and d. Sample or monitor any substances or parame ters at any location necessary to assure compliance with this permit or Department rules. [62-620.610(9), F.A.C.]

10. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as suchPermittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 13 of 18

13 use is proscribed by Section 403.111, Florida Statutes, or Rule 62-620.302, F.A.C. Such evidence shall only be used to the extent that it is consis tent with the Florida Rules of Civil Procedure and applicable evidentiary rules. [62-620.610(10), F.A.C.]

11. When requested by the Department, the permittee shall within a reasonable time provide any information required by law which is needed to dete rmine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department. [62-620.610(11), F.A.C.] 12. Unless specifically stated otherwise in Department rules, the permittee, in accep ting this permit, agrees to comply with changes in Department rules an d Florida Statutes after a reasonable time for compliance; provided however, th e permittee does not waive any ot her rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addre ssed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. [62- 620.610(12), F.A.C.] However, this section cannot be used as a basis to extend the time to comply with the permit’s total phosphorus WQBELs or to obtain a mixing zone to meet the total phosphorus water quality criterion.

13. The permittee, in accepting this permit, agrees to pay the app licable regulatory program and surveillance fee in accordance with Rule 62-4.052, F.A.C. [62-620.610(13), F.A.C.]

14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the Department approves the transfer. [62-620.610(14), F.A.C.]

15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. [62-620.610(15), F.A.C.]

16. The permittee shall apply for a revision to the De partment permit in accordance with Rule 62-620.300, F.A.C., and the Department of Environmental Protection Guide to Wastewater Permitting at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with Rule 62-620.325(2), F.A.C., for minor modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300,
F.A.C. [62-620.610(16), F.A.C.]

17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information: a. A description of the anticipated noncompliance; b. The period of the anticipated noncompliance, including dates and times; and c. Steps being taken to prevent fu ture occurrence of the noncompliance. [62-620.610(17), F.A.C.]

18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), or as specified elsewhere in the permit.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 14 of 18

14 b. If the permittee monitors any contaminate more frequently than required by the permit, using Department approved test procedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit. d. Except as specifically provided in Rule 62-160 .300, F.A.C., any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health Environmental Laboratory Certification Program (D OH ELCP). Such certification shall be for the matrix, test method and analyte(s) being measur ed to comply with this permit. For domestic wastewater facilities, testing for parameters lis ted in Rule 62-160.300(4), F.A.C., shall be
conducted under the directio n of a certified operator. e. Field activities including on-site tests and sample collection shall follow the applicable standard procedures described in DEP-SOP-001/01 adopted by reference in Chapter 62-160, F.A.C. f. Alternate field procedures and laboratory methods may be used where they have been approved in
accordance with Rule s 62-160.220 and 62- 160.330, F.A.C. [62-620.610(18), F.A.C.]

19. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date. [62-620.610(19), F.A.C.]

20. The permittee shall report to the Department’s Ta llahassee Office and the Sout heast District Office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permit tee becomes aware of the circumstances. The written submission shall contain: a description of the noncompliance and its cause; the period of noncompliance including exact dates and time, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurr ence of the noncompliance. a. The following shall be included as information which must be reported within 24 hours under this
condition:

(1) Any unanticipated bypass which causes any recl aimed water or effluent to exceed any permit limitation or results in an unpermitted discharge, (2) Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit, (3) Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice, and (4) Any unauthorized discharge to surface or ground waters.
b. Oral reports as required by this subsection shall be provided as follows: (1) For unauthorized releases or spills of untreated or treated wastewater reported pursuant to subparagraph a.(4) that are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calli ng the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519, as soon as practical, but no later than 24 hours from the time the permittee becomes aware of the di scharge. The permittee, to the extent known, shall provide the following information to the State Warning Point: (a) Name, address, and telephone number of person reporting; (b) Name, address, and telephone number of permittee or responsible person for the discharge; (c) Date and time of the discharge and st atus of discharge (o ngoing or ceased); (d) Characteristics of the wastewat er spilled or released (untreated or treated, industrial or domestic wastewater); (e) Estimated amount of the discharge; (f) Location or address of the discharge; (g) Source and cause of the discharge;Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 15 of 18

15 (h) Whether the discharge was contained on-site, and cleanup actions taken to date; (i) Description of area affected by the discharge, including name of water body affected, if any; and (j) Other persons or agencies contacted. (2) Oral reports, not otherwise required to be provided pursuant to subparagraph b.(1) above, shall be provided to Department’s Southeast Dist rict Office within 24 hours from the time the permittee becomes aware of the circumstances. c. If the oral report has been received within 24 hours, the noncompliance has been corrected, and the noncompliance did not endanger health or the environment, the Department’s Southeast District Office shall waive the written report. [62-620.610(20), F.A.C.]

21. The permittee shall report all instances of noncompliance not reported under Conditions VIII. 17, 18, 19, and 20 of this permit at the time monitoring reports are submitted. This report shall contain the same information required by Condition VIII.20. of this permit. [62-620.610(21), F.A.C.]

22. Bypass Provisions. The term “bypass” shall mean the inten tional diversion of waste streams from any portion of the treatment works. a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
and (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or ma intenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (3) The permittee submitted notices as required under Condition VIII.22.b. of this permit. b. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in Condition VIII.20. of this permit. A notice shall in clude a description of the bypass and its cause; the period of the bypass, including exact dates an d times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. c. The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee demonstrates that it will meet the three conditions listed in Condition VIII.22 a.(1) through (3) of this permit. d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Co ndition VIII.22.a. through c. of this permit. [62-620.610(22), F.A.C.]

23. Upset Provisions a. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and that the permi ttee can identify the ca use(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in Condition VIII.20. of this permit;
and (4) The permittee complied with any remedial m easures required under Condition VIII.5. of this permit. b. In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset rests with the permittee.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 16 of 18

16 c. Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review. [62-620.610(23), F.A.C.]

DONE AND ORDERED on this 4 th day of September, 2007 in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

____________________________________________ Michael W. Sole Secretary

MS/jb/jh

FILING AND ACKNOWLEDGMENT

FILED, on this date, under Section 120.52, F.S., with the designated de puty clerk, receipt of which is hereby acknowledged.

_____________________________________________________ Clerk Date

PARTIES REQUESTING NOTICE:

Miccosukee Tribe of Indians of Flor ida, c/o Dexter Lehtinen, Esq.
Miccosukee Tribe of Indians of Fl orida, c/o Kelly Brooks, Esq. United States Sugar Corporation, c/o Bubba Wade Seminole Tribe of Indians of Florida, c/o Stephen A. Walker, Esq. Sugar Cane Growers Cooperative, Roth Farms, Inc., and Wedgeworth Farms, Inc., c/o William H. Green, Esq. Keith Saxe, Esq., U. S. Department of Justice Michael Stevens, U.S. Depart ment of the Interior (fax) Jeffrey J. Ward, Sugar Cane Growers Cooperative Philip S. Parsons, Landers & Parsons Helen Hickman, Brown & Caldwell Tom MacVicar, MacVicar, Frederico, & Lamb Charles Lee, Florida Audubon Society Samuel B. Reiner, II, Esq., Lehtinen O’ Donnell, Vargas & Reiner, P.A. Michelle W. Smith, Esq., Earl, Blank, Cavanaugh & StottsPermittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 17 of 18

17 COPIES FURNISHED TO:

Sharon Fauver, U.S. Fish and Wildlife Service Susan Teel, U.S. Fish and Wildlife Service Jeff Bielling, FL. Dept. of Community Affairs Linda McCarthy, FL. Dept. of Agriculture Charles Oravetz, Nat. Marine Fisheries Service Don Klima, U.S. Advisory Council on Historic Preservation John Childe, Friends of the Everglades David Reiner, Friends of the Everglades Col. Paul Grosskruger, USACOE, Jacksonville Dennis Duke, USACOE, Jacksonville Peter Bestrukschko, USACOE, Jacksonville Eric Bush, USACOE, Jacksonville Richard Harvey, USEPA, West Palm Beach Philip Mancusi-Ungaro, Esq., USEPA, Atlanta Roosevelt Childress, USEPA, Atlanta Marshall Hyatt, USEPA Atlanta Dan Scheidt, USEPA, Athens Eric Hughes, USEPA, Jacksonville Janet Bussell, The Everglades Foundation Mike Waldon, Loxahatchee National Wildlife Refuge Matt Harwell, Loxahatchee National Wildlife Refuge Mike Zimmerman, Everglades National Park Ken Haddad, Florida Fish and Wildlife Conservation Commission Joe Walsh, Florida Fish and Wildlife Conservation Commission, Vero Beach

ADDITIONAL COPIES FURNISHED TO:
Eric Eikenberg, Governor’s Office Carol Wehle, SFWMD, West Palm Beach Chip Merriam, SFWMD, West Palm Beach Sheryl Wood, SFWMD, West Palm Beach Terrie Bates, SFWMD, West Palm Beach Ernie Barnett, SFWMD, West Palm Beach Linda Lindstrom, SFWMD, West Palm Beach Dean Powell, SFWMD, West Palm Beach Sean Sculley, SFWMD, West Palm Beach Susan Sylvester, SFWMD, West Palm Beach Deb Drum, SFWMD, West Palm Beach Gary Goforth, Gary Goforth, Inc., Stuart Tracey Piccone, SFWMD, West Palm Beach Tom Kosier, SFWMD, West Palm Beach Jim Galloway, SFWMD, West Palm Beach Ron Bearzotti, SFWMD, West Palm Beach Kirk Burns, Esq., SFWMD, West Palm Beach John Mitnik, SFWMD, West Palm Beach Maria Clemente, SFWMD, West Palm Beach Delia Ivanoff, SFWMD, West Palm Beach Kathy Pietro, SFWMD, West Palm Beach Juliann LaRock, SFWMD, West Palm Beach Linda Crean, SFWMD, West Palm Beach Joe Albers, SFWMD, West Palm Beach Hongying Zhao, SFWMD, West Palm Beach Guy Germain, SFWMD, West Palm BeachPermittee: South Florida Water Management District Project: Stormwater Treatment Area 6
File No.: FL0473804-001-IW7A Page 18 of 18

18 Joseph Jean-Jacques, SFWMD, West Palm Beach Kevin Nicholas, SFWMD, West Palm Beach Nicole Howard, SFWMD, West Palm Beach Greg Knecht, FDEP, Tallahassee John Outland, FDEP, Tallahassee Frank Nearhoof, FDEP, Tallahassee Shelley Yaun, FDEP, Tallahassee Ernie Marks, FDEP, Tallahassee Kenny Hayman, Esq., FDEP, Tallahassee David Crowley, Esq., FDEP, Tallahassee Tom Atkeson, FDEP, Tallahassee William Kennedy, FDEP, West Palm Beach Inger Hansen, FDEP, West Palm Beach

# Florida Department of
Environmental Protection

Bob Martinez Center
2600 Blair Stone Road Tallahassee, Florida 32399-2400 Charlie Crist
Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole Secretary

"More Protection, Less Process” Printed on recycled paper. Type of Permit: Everglades Forever Act Permit Project: Stormwater Treatment Area 1 West (S TA-1W) & Stormwater Treatment Area 1 East (STA-1E) County: Palm Beach
Permit No.: 0279499-001-EM Applicant: South Florida Water Management District (District) Applicant Address: 3301 Gun Club Road
P. O. Box 24680 West Palm Beach, Florida 33416-4680 Authorization: The Everglades Forever Act (EFA), Section 373.4592, Florida Statutes (F.S.); Sections 403.088 and 403.151, F.S. Application Receive d: December 23, 2003 Issuance Date: November 16, 2007 Expiration Date: November 15, 2012

This permit is issued in accordance w ith the Everglades Forever Act, Sec tion 373.4592, Florida Statutes (F.S.)., authorizing operation and maintenance activities for the Stormwater Treatment Area 1 West (STA-1W) and Stormwater Treatment Area 1 East (STA-1E) Projects. Pursuant to Sections 403.088 and 403.151, F.S. this permit
also contains orders for specific additional monitoring, reporting, and construction activities designed to achieve compliance with water quality standards and the WQBEL specified herein , as well as a schedule for implementing such requirements. The above named permittee is hereby authorized to conduct the activities necessary to meet the requirements of this permit des cribed on the application, a ssociated drawing(s), plans, and other documents attached hereto or on file with the Depa rtment and made a part hereof . The District has submitted an application for the use of moderating provisions pursuant to Rule 62.302.540 ( 6). It is anticipated the Department will act on the District’s application for a moderating provision prior to the expirati on of this permit. The issuance of this permit does not constitute agency action on or prejudice the adoption or denial of a moderat ing provision. This permit may be modified upon adoption of a moderating provision. In the ev ent that a moderating provision is adopted, alterations to this permit shall be addressed through a permit modification

. The activities authorized by this permit must be conducted in conformance with all the provisions of this pe rmit. Failure to comply with all the permit’s conditions and documents referenced herein shall constitute grounds for revocation of the permit and appropriate enforcement
action.

PROJECT DESCRIPTION:

This permit authorizes the continued operation and main tenance of STA-1W and STA-1E. STA-1W and STA-1E are a part of the Everglades Construction Project (ECP), construction, operation, and maintenance of which is required by the Everglades Forever Act (EFA)



### , Section 373.4592, F.S. The STA-1W project (See Figure 1) consists of the S-5A Pump Station, the STA-1 Inflow Basin, the G-302 inflow structure, the STA-1W Interior Treatment Works, and the G-251 and G-310 Outflow Pump Stations. The STA-1E project (See Figure 2) consists of the STA-1E Inflow Pump Stations S-319 and S-361, Gated Spillway G-311, STA-1E Interior Treatment Works, C-51 Basin Divide Structure S-155A, C-51 Canal Improvements and STA-1E Outflow Pump Station S-362.

Initial construction of these facilities was previously au thorized and completed unde r Florida Department of Environmental Protection (Department) Permit No. 0226317-001, FL0177962-001-IW7A, 0195030-001 and
FL0304549-002-IW7A. At the present time, structural, operationa l and vegetation enhancements are underway in accordance with the October 2003 Everglades Protection Ar ea Tributary Basins Long Te rm Plan for Achieving Water Quality Goals and subsequent revisions (Long

- Term Plan, See Exhibit A), which are designed to opti mizePermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 2 of 32

Printed on recycled paper. performance as needed to achieve the phosphorus water qua lity standard. Construction of these enhancements is scheduled to be completed in accordance with Specific Condition 17 of this permit. A Periphyton

- based Stormwater Treatment Area (PSTA) demon stration project is also being operated by the U.S. Army Corps of Engineers (Corps) in Cell 2 of the Eastern Flow

- way of STA

- 1E. Additional enhancements to STA

- 1W and STA

1E may occur as part of the adaptive implementation process required by the Long

- Ter m Plan. STA-1W and STA1E are stormwater management systems (SMS) as defined in Subsection 373.403(10), F.S., and therefore are not subject to state surface water quality standards within STA-1W and STA-1E, pursuant to Section 373.4142, F.S.

Operation and maintenance activities author ized by this permit involve maintain ing water levels within the STA to optimize phosphorus uptake effectiveness of the treatment area. Optimization of the treatment wetland is defined by its performance in removing the pollutants, particularly phosphorus, for which the project was designed. Other operation and maintenance activities authorized by this permit include: water quality and vegetation monitoring; preparation and submittal of monitoring reports; vegetation maintenance; and, maintenance of the water control structures (including canals and levees).

The STA-1W and STA-1E treatment facilities are hydrologica lly connected and interrelated, and will be operated in concert with each other. Assuming normal operating c onditions, the STA-1W and STA-1E treatment facilities discharge into the northwestern and northeastern portion, respectively, of the Arthur R. Marshall Loxahatchee National Wildlife Refuge (Refuge), also known as Water C onservation Area (WCA) 1. Both of the facilities, as well
as their associated diversion structures, discharge into impacted areas of the Everglades Protection Area, as defined in 62-302.540(3)(d). Wetlands and surface waters located w ithin the receiving water body, the Refuge, are Class III and also Outstanding Florida Waters, pursuant to Rule 62-302.700(9)(b)17, Florida Administrative Code (F.A.C.).The Department has determined that operation and maintenance of the project is consistent with the antidegradation requirements of Rules 62-4.242(1)-(2) and 62-302.300, F.A.C. and is clearly in the public interest pursuant to Subsection 373.4592(9)(a), F.S. and the requirements of Rule 62-4.242(2), F.A.C.

The STA-1 Inflow Basin is designed to allow the direction, redirection, and diversion bypasses of inflows between STA-1W and STA-1E. The STA-1 Inflow Basin performs three major functions associated with the delivery of water: Direction, Redirection, and Bypass Diversion

.

• Direction occurs when water from the S-5A Pump Station is being directed into the intended STA(s) through the respective inflow structures located within the STA-1 Inflow Basin.

• Redirection occurs when: water exits the ST A-1E facility, via the G-311 stru cture, and is routed through the G-302 structure into STA-1W for treatment; when water from the STA-1 Inflow Basin is discharged through the S-5AS spillway to the L-8 Basin north of the STA-1 Inflow Basin for water supply deliveries; and, when flows from S-5A enter STA-1E via the G-311 structure. The G-311 has th e ability to flow in or out of the STA-1E facility, which allows for the utilization of both STAs in the treatment of water prior to discharge into the Refuge. Runoff could be redirected to STA-1W through the G-311 Structure; however, the present design of STA-1E is such that no redir ection should be necessary as a result of hydrauliclimitations in STA-1E except in response to extreme storm events or if one or more of the STA-1E flowways are off-line, as will be the case during the ope ration of the Periphyton Stormwater Treatment Area (PSTA) demonstration project being conducted by the Co rps of Engineers in the Eastern flow-way of STA1E. The current design and operation contemplates that redirection of flows from S-5A to STA-1E will occur during normal operations whenever the discharg e from the S-5A Pump Station to STA-1W exceeds the hydraulic capacity of STA-1W or when other contri buting factors warrant such redirection in order to optimize system performance.

• Diversion Bypass occurs when water from the STA-1 Inflow Basi n is directed untreated into the Refuge through the G-300 and/or G-301 structures. Diversion Bypass may occur for water supply needs (see Section II below) or when discharges from the S- 5A or S-319 pump stations will exceed the hydraulic capacity of the STAs, which will compromise the safe operation of the facilities. This may occur when stage elevations of waters, rates of inflows, or the duration of sustained inundation creates conditions threatening the survival of marsh vegetation and the treatment efficiency of th e project or when waterPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 3 of 32

Printed on recycled paper. supply needs require it. Except for instances where flow is intentionally diverted bypassed for water supply needs (See Section I below), all diversions bypasses will be monitored and re ported in accordance with Specific Condition 26. With the excep tion of the aforementioned circumstances, it is the Department’s expectation that the District shall limit the occurrence of all diversions bypasses from the G-300 and G-301

structures.

While it is hydrologically po ssible for the STA

- 1 Inflow Basin to also accept runoff from the L

- 8 Basin and Lake Okeechobee regulatory releases, it is not designed to regularly accept water fro m these sources. However, these flows are anticipated to continue to enter the STA

- 1 Inflow Basin until the additional projects necessary for diversion of these sources are complete.

The District is the Local Sponsor of the Congressionally-mandated Central and South Florida Project for Flood Control and Other Purposes, and must operate STA-1E, STA- 1W, S-5A and other structures as necessary to fulfill its obligations as Local Sponsor, including but not lim ited to providing flood control and water supply throughout
South Florida.

PROJECT COMPONENTS:

The individual ECP components included in STA-1W are as follows: The S-5A Pump Station, STA-1 Inflow Basin, STA-1W Interior Treatment Works, and both the G-251 and G-310 Outflow Pump Stations. Collectively, these components are referred to as the District's STA-1W Project (STA-1W). While the S-5A Pump Station and theSTA-1 Inflow Basin distribute water to the STAs and they are considered an integral part of the operation of STA1W, these portions of the facility are considered conveyan ce mechanisms and are not part of the treatment works.

The individual ECP components included in STA-1E are as follows: S-319 Inflow Pump Station, S-361 Inflow Pump Station, G-311 Gated Spillway, ST A-1E Interior Treatment Works, S- 362 Outflow Pump Station, C-51 Basin Divide Structure S-155A, and the C-51 Canal Improvements. While the East and West Distribution Cells distribute water to the STA and they are considered an integral part of the operation of STA-1E, these portions of the facility are considered conveyance mechanisms and are not part of the treatment works.

Below are descriptions of the ECP works taken from:

• The Conceptual Design Document for the Evergl ades Protection Project, reference page VII-11 (1994);

• Detailed Design Report for Stormwater Treatment Area 1 West (June 1996);

• Supplement to the STA-1W Detailed Design Report, Hutcheon Engineers (October 1996);

• Final Design Report for Storm Water Treatment Area 1 Inflow and Distribution Works, Stanley Consultants Inc. (September 1996);

• Final Design Report for Pumping Stations G-310 a nd G-335, Brown and Caldwell (January 1997 ); Addendum To Design Documentation Report Stormwater Treatment Area 1 East (May 2000);



### • Stormwater Treatment Area 1 East Period of Record Dry-Out Analysis (June 2000);



### • C-51 & STA 1 East Design Documentation Report (October 1999);



### • Permit Application for STA-1W prepared by the South Florida Water Management District (June 1997);



### • Permit Application for STA-1E prepared by the South Florida Water Management District (February 2002);



### • Central and Southern Florida Project For Flood Control And Other Purposes, Stormwater Treatment Area 1 East C-51 Improvements, Construction and Solicitation and Specifications (September 2003);Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 4 of 32

Printed on recycled paper. 

### • Everglades Protection Area Tri butary Basins Long Term Plan fo r Achieving Water Quality Goals (Long-Term Plan, October 2003) ; and subsequnt revisions;



### • Permit Renewal and Modification Application for STA-1W and the Modification Application for STA-1E (December 2003);

• The Design Analysis Report for STA-1E, Cell 1-2, PSTA/SAV Field-Scaled Demonstration Project (September 2005);

• STA-1E PSTA Demonstration Project, Engineering Plans (2005);,

• STA-1E PSTA Construction Solicitation Specifications (July 2005);

• Design Analysis Report for the STA-1E PSTA demonstration DAR FAV Addendum (June, 2006),

• Operations Plan for the STA-1E, Cells 1-2 PSTA/ SAV Field Scale Demonstration Project (June, 2006);

• Draft Operations and Partnering Plan for the STA-1E Cells 1-2 PSTA/SAV Field-Scaled Demonstration Project (November 2006);

• Draft Monitoring Plan for the STA-1E Cells 1-2 PSTA/SAV Field-Scaled Demonstration Project (June 2006).

• Technical Support Document for the STA

- 1E TBEL (Goforth et al . 2007); and,

• Technical Support Document for the STA

- 1W TBEL (Goforth et al . 2007).

I. S-5A Pump Station The S-5A Pump Station provides flood protection to an upstream agricultural basin of approximately 230 square
miles. The removal of stormwater wastewater runoff from the upstream basin has been, and will continue to be, the primary function of the S-5A Pump Station. In addition to flood control for the S-5A tributary basin, the S-5A Pump Station has been used to remove excess flows from the L-8, East Beach Water C ontrol District, and Western C-51 Basins as well as to convey excess water from Lake Okeechobee (when it is above its regulation schedule) to the Refuge. It is also used to convey water from Lake Okeechobee to the Refuge for the purpose of water supply for points downstream of the pump station. This structure is a six-unit pumping plant located on the south side of State
Road 80 and the West Palm Beach Canal about 20 miles we st of West Palm Beach. The pump station is equipped with six pumps each rated at 800 cubic f eet per second (cfs) at a static head of 11.1 feet, with a combined capacity of 4,800 cfs.

II. STA-1 Inflow Basin The STA-1Inflow Basin includes physical works adjacent to the north end of the WCA-1 (outside the boundaries of the Refuge) that convey stormwater non-process wastewater and other discharges from the existing S-5A Pump Station to STA-1W, STA-1E, the Refuge, and the L-8 Ba sin. These works consist of a separation levee, access canal, five remotely automated control structures (G-311, G-300, G-301, G-302, and S-5AS) and three associated control buildings. The G-311 structure serves as one of th e two inflow compliance monitoring stations for STA-1E. The G-302 structure serves as the inflow compliance monitoring station for STA-1W. Besides conveyance of flows, the STA-1 Inflow Basin may also be used to fac ilitate the transfer of flow between STA-1W and STA-1E,
which allows the utilization of both STAs to treat runoff and discharged waters from the S-5A Basin, the Western C-51 Basin, the L-8 Basin, Lake Okeec hobee regulatory releases, the East Beach Water Control Dist rict and, runoff from the Village of Wellington Acme Basin B. When required by operational constraints in the STAs or other considerations, S-5A Pump Station outflows may be dive rted around STA-1W and STA-1E and discharged directly into the Refuge via the G-300 and/or G-301 structures, or into the L-8 Basin via the S-5AS structure. Water supply deliveries may be made to the L-8 Basin via the S-5AS structure. In addition, G-300 and G-301 may be operated to avoid hydrological overloading of the STAs or water c onditions within the STAs that may damage existing vegetation.

III. Inflow Pump Stations S-319Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 5 of 32

Printed on recycled paper. Inflow Pump Station S-319 accepts stormwater non-process wastewater runoff and other flows from the C-51 Canal and conveys it to the Eastern Distribution Cell of STA-1E where it can be routed through the S-375 structure to the West Distribution Cell. S-319 is the primary point of inflow to STA-1E. The pump station is located approximately 2 miles east of the S-5A Pump Station and approximately 2 miles west of Flying Cow Road. Water from the distribution cells can also be discharged into the STA-1 Inflow Basin via the G-311 structure or released back through the S-319 Pump Station by gravity to the Western C-51 Canal.

IV. Inflow Pump Station S-361 Inflow Pump Station S-361 is a secondary inflow pump station that discharges directly into treatment Cell 4S of STA-1E. S-361 has three vertical electric pumps (approximately 75 cfs capacity) with diesel power back-up. S-361 is located on the southeastern perimeter of STA-1E. S- 361 serves to preserve permitted drainage for the Rustic Ranches subdivision and agricultu ral lands located in Section 24, south a nd east of STA-1E. In addition, S-361 also
serves to return collected s eepage into STA-1E.

V. Gated Spillway G-311 The G-311 Gated Spillway, a three bay rein forced spillway situated in the northwest corner of STA-1E, east of the L-40 Borrow Canal, serves to direct flows between the STA-1 Inflow Basin and STA-1E. The structure has the capability to accept S-5A Pump Station wh en water from the STA-1 Inflow Basi n is discharged into the STA-1E Western Distribution Cell from the STA-1 Inflow Basin or redirect inflows from the S-319 Pump Station into the STA-1 Inflow Basin, where it can then be routed into STA-1W through the G-302 Gated Spillway inflow structure or diverted directly into the L-40 Bo rrow canal through the G-300 Gated Spillway, and/or diverted directly into the L-7 Borrow Canal through the G-301 Gated Spillway.

VI. STA-1W Interior Treatment Works STA-1W is located on the northwest border of the Refuge in Palm Beach County. The facility consists of a wetland marsh system which utilizes biologi cal treatment technology in the re moval of nutrients from stormwater nonprocess wastewater entering the facility. Wetland vegetation within STA-1W is managed in conjunction with hydrologic operations to maintain optimal performance levels within the facility. The structural works (See Figure 1) involved in the operation of STA-1W consist of inflow and discharge conveyance canals, treatment cell divide levees, gravity flow control structures, pump stations , and independent treatment paths (Flow-ways 1-3).

All untreated stormwater wastewater flows enter the STA-1W Interior Treatment Works through the G-302 inflow structure and are dispersed throughout the facility by a series of internal stru ctures. During the design storm event, approximately 55% of the water enteri ng the inflow canal from the G-302 struct ure will be routed to Flow-ways 1 & 2 via the G-303 structure. Flow-way 1, the “Eastern” flow-way, is comprised of Treatment Cells 1A, 1B, and 3. Cells 1B and 3 are currently being converted to submer ged aquatic vegetation through 2008. Water entering Flowway 1 follows a north to south sheet-flow path and di scharges from the facility via the G-251 Outflow Pump Station. Under high flow conditions, water in Fl ow-way 1 may be conveyed through the G-308 and G-259
structures into the Western Discha rge Canal and exit the facility via th e G-310 Outflow Pump Station.

Flow-way 2, the “Western” flow-way, is comprised of Treatment Cells 2A, 2B, and 4. Water entering Flow-way 2 follows a general north to south sheet-flow path and is conveyed through the G-309, G-258, and/or G-307 structures to the Western Discharge Canal and is then discharged to the Refuge via the G-310 Outflow Pump Station.

The remaining flows entering STA-1W are routed to Flow-way 3 via structures G-304A-J. Flow-way 3, the “northern” flow-way, is comprised of Treatment Cells 5A and 5B. Water entering Flow-way 3 follows an east to west sheet-flow path. Treated water exits Flow-way 3 through the G-306A-J structures and enters the Western discharge canal where it is discharged from the facility via the G-310 Outflow Pump Station. Seepage from Flowway 3 enters a seepage collection canal, located along the north side of Flow-way 3 from the west end and moves to
the east end of the canal where it is returned via the s eepage collection canal system and returned via the G-250S Pump Station to Flow-ways the front end of 1. Seepage is also collected via the G-327B Seepage Pump Station and is used to maintain stages within Cell 5B. The combination of all three treatment paths provides an effective treatment area of 6,670 acres.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 6 of 32

Printed on recycled paper. VII. STA-1E Inflow Distribution Cells
Stormwater Wastewater from the S-319 Pump Station is directed into the Eastern Distribution Cell, located at the northern-most part of STA-1E. Stormwater Wastewater may also enter the Western Distribution Cell from STA-1 Inflow Basin via the G-311 Gated Spillw ay. The Eastern and West ern Distribution Cells ar e divided by a center levee. Inflow water is routed between the Eastern and Western Distribution Cells by the operation of the S-375 gated box culverts located in the center levee. After inflow water is directed into the Eastern or Western Distribution Cell, it is then routed to one or more of the three separa te and independently operable treatment paths or flow-ways.

VIII. STA-1E Interior Treatment Works STA-1E is located on the northeast border of the Refuge in Palm Beach County. The facility consists of a wetland marsh system which utilizes biologi cal treatment technology in the re moval of nutrients from stormwater nonprocess wastewater entering the facility. Wetland vegetation within STA-1E is managed in conjunction with hydrologic operations to maintain optimal performance levels within the facility. The structural works (See Figure 2) involved in the operation of STA-1E consist of inflow and discharge conveyance canals, treatment cell divide levees, gravity flow control structures, pump stations , and independent treatment paths (Flow-ways 1-3).

Once inflow water is directed to the Eastern Distribution Cell, it can be routed to treatment Cell 1 of the Eastern most flow-way (Flow-way 1; Cells 1-2) via the S-363 A-C structures where it would continue in a north-to-south path into treatment Cell 2 via the S-364 A-C structures. Treated water would then be routed from treatment Cell 2into the discharge collection canal via the S-365 A-B structures and then discharged into the Refuge through the S362 Pump Station. All S-363, S-364, and S-365 structures are gated box culverts.

Inflow water that is directed to the Eastern Distribution Cell can also be routed to tr eatment Cell 3 of the central flow-way (Flow-way 2; Cells 3-4N-4S) or, under certain hy draulic conditions it is feasib le to backflow through the S-319 Pump Station to the C-51 Canal. Inflow water enters treatment Cell 3 via the S-366 A-E structures, where it continues in a north-to-south path into treatment Cell 4N via the S-367 A-E structures and then into treatment Cell 4S via the S-368 A-E structures. Treated water is then routed from treatment Cell 4S into the discharge collectioncanal via the S-369 A-D structures and discharged into the Refuge through the S-362 Pump Station. All S-366, S367, S-368, and S-369 structures are gated box culverts.

Inflow water that is directed to the Western Distribution Cell can be routed to treatment Cells 5 and 7 of the Western most flow-way (Flow-way 3; Cells 5, 6, & 7) or, under certain hydraulic conditions can flow from the
Western Distribution Cell to the STA-1 Inflow Basin or back to the Eastern Distribution Cell where it can be released back to the C-51 Canal by gravity through the S-319 Pump Station. Water traveling to treatment Cell 5 via the S-370 A-C structures continues in a north-to-south path into treatment Cell 6 via the S-371 A-C structures. Water traveling to treatment Cell 7 via the S-373 A & B structures continues in a north-to-south path into treatment Cell 6 via the S-374 A-C structures. Treated water is then routed from treatment Cell 6 into the discharge collection canal via the S-372 A-E structures and discharged into the L-40 Canal through the S-362 Pump Station. All S-370, S-371, S-372, S-373 and S-374 structures are gated box culverts. The combination of all treatment paths provides an effective treatment area of 5,132 acres.

Seepage along the east side of STA-1E ad jacent to treatment Cells 1, 2, and 4S is collected in a seepage collection canal, located immediately outside of th e exterior levee (L-85). The seepage collection system connects directly to the C-51 Canal by gravity or collected seepage is routed into Cell 4S via the S-361 Pump Station.

The US Army Corps of Engineers (Corps or USACE) c onstructed a PSTA demonstration project in cell 2 of STA1E. The District and the Corps shall coordinate operationa l schedules for the Eastern Distribution Cell, and Cells 1 and 2 of STA-1E as necessary. Interior PSTA demonstration cells will be used to evaluate three different alternatives for the development of activated PSTA. The field demonstration, expected to be conducted over a 24- month operation period, will be used to determine the optimum design parameters, operational parameters, and recommendations for full-scale implementation of PSTA for STA-1E. The conceptual treat ment train for the fieldscale demonstration of PSTA in STA-1E (Cells 1 and 2) will use Emergent Aquatic Vegetation (EAV) in Cell 1, 55 acres in the northern most portion of Cell 2 for Submerged Aquatic Vegetation area (SAV) and cyanobacteria-Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 7 of 32

Printed on recycled paper. dominated periphyton cells in the eastern third of Cell 2. A conceptual layout and a flow diagram of the EAV/SAV/PSTA treatment train in Cells 1 and 2 are shown in Figure 2.

IX. STA-1W Outflow Pump Stations G-251 & G-310 There are two primary discharge locations for STA-1W, Outflow Pump Stations G-251 and G-310, both of which act as the outflow compliance monitoring stations for the project. These two pump stations discharge directly into the L-7 Canal which is located within the Refuge. The combined capacity of these pump stations is 3,490 cubic feet per second (cfs). The G-310 Pump Station discharges tr eated water from Flow-ways 2 and 3 and also from Flowways 1 & 2 when outflows from the Flow-ways exceed th e G-251 Pump Station nominal discharge capacity of 450
cfs.

a. The G-251 Pumping Station is the primary outflow pump station serving Flow-way 1 which discharges treated water into the Refuge. G-251 is equipped with six 36-inch diameter pumps, each with a maximum capacity of 75 cfs, for a total discharge capacity of 450 cfs. The G-251 Pump Station draws treated water from the STA-1W facility and releases those discharges into the
L-7 canal.

b. The G-310 Pumping Station is the primary outflow pumping station serving Flow-ways 2 and 3,
and which draws treated water from the STA-1W Western discharge canal and releases those discharges to the L-7 canal. This pumping station houses two 100 cfs, two 470 cfs, and two 950 cfs pumps with a maximum facility design outfl ow pumping capacity of 3,040 cfs. The pumping station also includes approach and discharge canals, and other related civil works.

X. STA-1E Outflow Pump Station S-362 S-362 is the outflow pump station drawing treated water from the STA-1E internal discharge collection canal and discharging into the L-40 Borrow Canal. This pump station has the capacity to discharge up to 4,200 cfs. The pump station includes seven pumps, approach and discharge canals, pump station enclosure and other related civil works. S-362 has five diesel engi ne-driven pumps (three 960 cfs pumps a nd two 550 cfs pumps) and two additional 110 cfs electric motor driven pumps. Due to the close location to adjacent reside ntial areas, electric motors are used for the smaller pumps, used most frequently, to reduce the noise. During storm conditions, S-362 may be required to pump up to its maximum capacity to prevent overtopping of the external levees.

XI. C-51 Basin Divide Structure S-155A The S-155A structure is located in the C-51 Canal, approximately 800 feet west of State Road 7, and serves as a divide structure between the Western C-51 and Eastern C-51 Basins. S-155A is a concrete ogee crested weir/spillway, with two 14 feet wide by 9 feet high vertical lift gates. S- 155A is designed to pass flood discharges from the Western C-51 and S-5A Basins to the east, when STA-1E has reached maximu m operational depths and no longer has the capacity for additional inflows. Up to 1, 460 cfs will be discharged via S-155A to the Eastern C-51
Basin if conditions allow.

XII. C-51 Canal Improvements C-51 Canal has been enlarged over a distance of about 3.3 miles from 1/2 mile east of Ousley Farm Road to Pump
Station 319. This section of the C-51 Canal has been wide ned progressively from 30 feet to 70 feet (east to west) and deepened progressively from a bottom elevation of 1.6 feet m.s.l. to -6 feet m.s.l (east to west). A berm on the
south side of the C-51 Canal has been constructed with the dredge material for the enlarged reach. The berm provides access to the canal and controls overland flow.

XIII. Recreational Facilities In fulfillment of the public access and recreation require ments of the EFA Subsection 373.4592 (4)(a) F.S., and as
further described in Subsec tion 373.1391(1)(a) F.S. and (b), recreationa l facilities are proposed at STA-1W and STA-1E. The proposed recreational facilities shall be designed to ensure compatibility with the restoration goals of the ECP and the water quality and hydrological purposes of the STAs.

• The currently proposed recreationa l facilities at STA-1W include an asphalt parking area on the south side of CR 880 and associated road improvements such as an acceleration and deceleration lane in thePermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 8 of 32

Printed on recycled paper. vicinity of the entrance to the parking lot. A walkway acro ss the FPL easement will provide access to the canoe launching site on the north bank of the seepage canal. Here a footbridge will cross the seepage canal to provide pedestrian access to the existing le veled area adjacent to the north end of the limerock berm in Cell 5B. An information kiosk, a composting toilet, lighting and landscaping are proposed at this location. Pedestrian gates, si gnage and fencing as needed to defi ne public access areas and to protect sensitive equipment are also proposed. The design of the STA-1W recreational facilities is complete and the current schedule calls for construction to be completed in FY2008.

• The currently proposed recreational facilities at STA- 1E include an asphalt parking area, a composting toilet, landscaping, lighting, and an information kiosk. Pedestrian gates, signage and fencing as needed to define public access areas and to protect sensitive equipment are also proposed. The location of this site has been moved from the SE corner of the STA to the north side, west of the pump station on C-51. The design of the STA-1E recreational facilities is complete, and the current schedule calls for construction to be completed in FY2008.

LOCATION:

The project is located within the following property descrip tions in Palm Beach County:

• S-5A Pump Station. Section 32, Township 43 North, Range 40 East.

• STA-1 Inflow Basin

. Section 5, Township 44 South, Range 40 East and Section 32, Township 43 South, Range 40 East and Section Governme nt Lot 5, Township 43.5, Range 40 East.

• G-302 Inflow Structure . Double Gated Spillway, Section 6, Township 44 South, Range 40 East.

• STA-1W Interior Treatment Works . Northwest portions of Sections 6 and 7, Township 44 South, Range 40 East and Sections 1, 2, 3, 10, 11, 14, 15, 22, 23; northwest portions of Sections 12, 13, 26, 27, 34; Eastern line of Sections 4, 9, 16, 21, 28, 33; Township 44 South, Range 39 East.

• G-251 Outflow Pump Station. Southern tip of STA-1W, in Section 37, Township 44 North, Range 39

East.

• G-310 Outflow Pump Station. Extreme southern tip of STA-1W, in Section 34, Township 44 South, Range 39 East.

• Inflow Pump Station S-319. Located in the north central por tion of STA-1E, adjacent to the C-51 Canal, in Section 35, Township 43 South, Ra nge 40 East in Palm Beach County, Florida.

• Inflow Pump Station S-361. Located in the southeastern portion of STA-1E, just east of STA-1E, in Section 14, Township 44 South, Range 40 East in Palm Beach County, Florida.

• Gated Spillway G-311. Located in the northwestern corner of STA-1E, Section 5, Township 44 South, Range 40 East and Section 32, Township 43 South, Range 40 East and Section Government Lot 5, Township 43.5, Range 40 East in Palm Beach County, Florida.

• STA-1E Interior Treatment Works. Located within the entire STA, Sections 1-4, 9-12, 14, 15, and 23, Township 44 South, Range 40 East in Palm Beach County, Florida.

• Outflow Pump Station S-362. Located in the southwestern portion of STA-1E, just east of and adjacent to the L-40 Borrow Canal le vee, in Section 23, Township 44 South, Range 40 East in Palm Beach County, Florida.

• C-51 Basin Divide Structure S-155A. Located in the C-51 Canal, six miles east of the northern corner of STA-1E, just west of State Road 7, in Section 36, Township 43 South, Range 41 East in Palm Beach County, Florida.

• C-51 Canal Improvements. Located in the C-51 Canal from 1/4 mile east of Ousley Farm Road to Pump Station 319, Sections 31-36 Township 43 S outh, Range 41 East and Sections 35 & 36 of Township 43 South, Range 40 Ea st in Palm Beach County.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 9 of 32

Printed on recycled paper. GENERAL CONDITIONS:

In accordance with Subsection 373.4592(9)(g), F.S., this pe rmit may include any standa rd conditions provided by Department rule which are appropriate and consistent with the EFA.

1. Enforcement. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to Sections 373.129, 403.141, 403.727 and 403.859 through 403.861 F.S. The permittee is placed on notice th at the Department will conduct periodic compliance review of this permit and may initiate enforcem ent action for any violation of these conditions.

2. Scope of permit. This permit is valid only for the specific pr ocesses and operations applied for and indicated in the approved drawings or exhibits requirements of this permit . Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions requirements of this permit may constitute grounds for revocation and enforcement action by the Department.

3. Limitation of rights. The issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regula tions. This permit is not a waiver of or approval of any other Department permit that may be required for othe r aspects of the STA-1W and STA-1E which are not addressed in this permit. However, this permit is in lieu of other permits under Part IV of Chapter 373, F.S., pursuant to Subsection 373.4592(9)(c), F.S.

4. Limitations upon title. This permit conveys no title to land or wa ter, does not constitute State recognition or acknowledgment of title, and does not constitute authority fo r the use of submerged la nds unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may expr ess State opinion as to title.

5. Liability. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unl ess specifically authorized by an order from the Department . The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, ma intenance, removal, abandonment or use of any system authorized by the permit.

6. Operation and Maintenance Responsibilities. The permittee shall properly operate and maintain STA-1W and STA-1E and systems of treatment and control (and rela ted appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessa ry to achieve compliance with the conditions of the permit and when required by Department rules.

7. Access Rights. The permittee, by accepting this permit, specifi cally agrees to allow authorized Department personnel, upon presentation of credentials or other documen ts as may be required by law and at reasonable times, access to the premises where the permitte d activity is located or conducted to:

A. Have access to and copy any records that mu st be kept under conditions of the permit;

B. Inspect the facility, equipment, practices, or opera tions regulated or require d under this permit; and

C. Sample or monitor any substances or parameters at any location reasonably necessa ry to assure compliance with this permit or Department rules.

Reasonable time may depend on the nature of the concern being investigated.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 10 of 32

Printed on recycled paper. 8. Noncompliance. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information:

A. A description of and cause of noncompliance; and

B. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps bei ng taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be respons ible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit.

9. Records as evidence. In accepting this permit, the permittee unders tands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Depart ment as evidence in any en forcement case involving the permitted source arising under the Florida Statutes or Department rules, excep t where such use is prescribed by Sections 403.111, F.S. and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

10. Changes in Law. The permittee agrees to comply with changes in applicable Department rules and applicable Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida law. 

### However, this section cannot be used as a basis to extend the time to comply with the permit’s total phosphorus WQBEL.

11. Transferability. This permit is transferable only upon Depa rtment approval in accordance with Rules 62- 4.120 and 62-343.130, F.A.C., as applicable. The permittee shall be liable for any non- compliance of the permitted activity until the transfer is approved by the Department.

12. Permit at Work Site. This permit or a copy thereof shall be kept at the work site of the permitted activity. For the purposes of this permit the work site shall be de fined as the South Florida Water Management District Headquarters located at 3301 Gun Club Ro ad in West Palm Beach, Florida.

13. Records Retention. The permittee shall comply with the following:

A. Upon request, the permittee shall furnish all records and plans required under Depa rtment rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department;

B. The permittee shall hold, at the STAs or other location(s) designated by this permit records of all monitoring information required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least five years from the date of the sample, measurement, re port, and application unless otherwise specified by Department rule; and,

C. Records of monitoring information shall include:

1. the date, exact place, and time of sampling or measurements;

2. the person responsible for performing the sampling or measurements;

3. the dates analyses were performed and the appropr iate code as required by Chapter 62-160, F.A.C.;

4. the person responsible for performing the analyses;

5. the analytical techniques or methods used, including but not limited to MDL (Method Detection Limit); and,

6. the results of such analyses, including identification of potential outlier values.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 11 of 32

Printed on recycled paper. 14. Requests for Information. When requested by the Department, th e permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or inform ation shall be corrected promptly.

15. External Agency Requirements . Should any other regulatory agen cy require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that a
determination can be made whether a permit modification is required.

16. Sovereign Lands. The permittee is hereby advised that Florid a law states: No person shall commence any excavation, construction, or other activity involving the use of sovere ign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, until such person has recei ved from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easemen t, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaini ng any necessary authorizations from the Board of Trustees prior to commencing activity on soverei gnty lands or other state-owned lands.

17. Artifacts. If historic or archaeological artifacts such as, but not limited to, Indian canoes, arrow heads, pottery or physical remains, are discovered at any time on the project site, the permittee shall immediately stop all activities which disturb the soil and notify the Department and the State Historic Preservation Officer.

SPECIFIC CONDITIONS:

1. Addresses. Reports and notices submitted to the Department in accordance with this permit, unless otherwise specified, shall be submitted to the Department’s Division of Water Resource Management, Water Quality Standards and Special Projects Program, 2600 Blair Stone Road, MS 3560, Tallahassee, Florida, 32399-2400, telephone no. (850) 245-8440, and to the Department’s Sout heast District Office, Water Resource Management and Environmental Planning, 400 North C ongress Avenue, Suite 200, West Palm Beach, Florida 33401, telephone no. (561) 681-6600.

2. Related Permits. The Department and the permittee acknowledge th e issuance of other permits related to STA1W and STA-1E. STA-1W previously operate d under EFA Permit No.: 0226317 (503074709) and NPDES Permit
No. FL0177962-001-IW7A. Additional related permits include Depart ment Permit No. 0178018, which authorizes temporary dewatering activities to construct and modify the STAs and associated works, and, the U.S. Army Corps of Engineers 404 Permit No. 199404532. This STA-1W perm it, upon issuance, shall supersede and replace the former STA-1W EFA Permit previously issued by the Department. A timely request to renew the NPDES Permit
No. FL0177962-002-IW7A has been receive d and is being processed.

STA-1E previously operated under Department EFA Permit No. 0195030-001 and NPDES Permit No. FL0304549- 001. Additional related permits include Permit No. 0195030-002, which authorizes the S- 319 Pump Test, Individual Water Use, Permit No. 0178018, which authorizes temporar y dewatering activities for the construction of facilities within the ECP Restoration Projects, and the Dewate ring General Water Use Permit No. 0229886. This STA-1E permit, upon issuance, shall supersede and replace the fo rmer STA-1E EFA Permit previously issued by the Department. A request to revise the NPDES Permit No. FL0304594-002-IW 7A has been received and is being processed.

3. Public Use. The recreational facilities located within the STA-1W and STA-1E Projects shall be maintained to ensure compatibility with the restoration goals of the ECP and the water quality and hydrological purposes of the STAs. This permit does not absolve the permittee from the responsibility of obtaining othe r permits (federal, state, or local) which may be required for the activities occurring at these sites.

Conditions for Operation and MaintenancePermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 12 of 32

Printed on recycled paper. 4. Project Operation and Maintenance. The permittee shall operate and maintain STA-1W and STA-1E consistent with the design documents, as may be modified and reflected on the record drawings, operations criteria, and operation plans required by Specific Condition 8.

5. As-Built Certification and Record Drawings. Within 60 days after completion of any construction contracts for STA-1W and STA-1E, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law. The statement of completion
and certification shall be based on on-site observation of c onstruction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that STA-1W and STA- 1E are ready for inspection. Additionally, if deviation from the approved drawings is discovere d during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted . Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as “as-built” or “record” drawing. All surveyed dimensions and
elevations shall be certified by a registered surveyor.

6. Operational Improvements and Enhancements . Structural, operational, and vegetation improvements and
enhancements are presently underway in accordance with the Long

- Term Plan (Exhibit A). These improvements and enhancements are designed to optimize performance as needed to achieve the phosphorus water quality standard . The District shall complete the construction of improvements and enhancements for
STA-1W and STA-1E that are needed to meet the requirements of this permit identified in the currently approved Long

- Term Plan . The schedules, strategies, and timelines for these improvements and enhancements, along with any additional schedules, strategies, and timelines for regional water management projects, are detailed in Specific Condition 17. The District shall submit proposals for additional phosphorus reduction and operational improvements and enhancements, includ ing the schedules, strategies, a nd timelines associated with these improvements and enhancements for STA

- 1W and STA

- 1E as part of the adap tive implementation process identified in the Long

- Term Plan. Revisions to the Long

- Term Plan are available on the Dis trict’s webpage: http://www.sfwmd.gov/sta . Revisions to the Long

- Term Plan require approval by the Department prior to implementation and any approved changes to the Long

- Term Plan will be reviewed by the Departme nt to determine whether a permit revision is required. The Flor ida Legislature has defined Best Available Phosphorus Reduction Technology (BAPRT) as a combination of BM Ps and STAs, including a continuing research and monitoring program, to reduce outflow c oncentrations of phosphorus so as to achieve the phosphorus criterion in the Everglades Protection Area (Subsection 373.4592(2)(a ), F.S.). These phosphorus reductions are being achieved through the iterative adaptive implementation of the Long

- Term Plan an d subsequent revisions. The Florida Legislature, in Subsection 373.4592(3)(b), F.S., has determined that the combination of BMPs and STAs contained within the Long

- Term Plan constitutes the BAPRT for achieving the phosphorus criterion in the Everglades Pro tection Area. The Long

- Term Plan contains a planning objective of achieving compliance with the phosphorus criterion in the Everglades Protection Area. The October 27, 2003 version of the Long

- Term Plan was subsequently revise d to include further refineme nts to the recommended water quality improvement measures consistent with the iterative adaptive implementation process described in the plan. Post

- 2006 improvements, enhancements, and st rategies, which will continue thr ough 2016, are also included within the Long

- Term Plan. The District has demonstrated that they will implement or cause to be implemented BAPRT as defined by Subsection 373.4592(2)(a), F.S., and further defined in the Rule, which shall include a continued research and monitoring program de signed to reduce outflow concentrations of phosphorus

.

7. Pump Station Maintenance. Maintenance requirements for the pump stations include operation of the pumps for approximately 2 to 4 hours per month, as necessary, to maintain their mech anical integrity. Temporary operation of the pump stations for maintenance purposes is allowed; however, such discharges ar e subject to the discharge criteria of the Specific Conditions of this permit. The permittee shall document all such temporary maintenance operations, and shall include all such di scharge flows and loads as a part of the monitoring requirements of this permit.

8. STA Operation Plans and Modifications. Upon completion of and compliance with the scheduled Long

Term Plan improvements and enhancements requirements specified herein , and within 90 days of the completion of any additional Long

- Term Plan enhancements , the permittee shall submit to the Department at the addresses listedPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 13 of 32

Printed on recycled paper. in Specific Condition No. 1 an updated Operation Plan for both STA-1W and STA-1E. Until the updated Operation Plans are submitted by the permittee and approved by the Department, the previously existing Operating Plans shall remain in effect, subject to modifica tion under the conditions set forth below.

If at any time changes to the STA-1W or STA-1E Operation Plans are warranted to optimize facility operation, and upon verification of data to be supplied by the permittee that justifies the need for such modification, the Operation Plans may be modified as mutually agreed upon by the Department and the permittee. The Operation Plans shall also include the information described in A-F, below.

Under emergency conditions that threaten the safety of life, property, or the STA-1W or STA-1E facilities, the permittee may modify the operations of STA-1W or STA-1E and immediately employ any remedial means to protect life and property in accordance with the emergency provisions of Ch apter 373, F.S. The permittee shall notify the Department within 48 hours of such occurrence and shall provide data justifying the need to employ the emergency modifications to operati ons of STA-1W and/or STA-1E.

A. Minimum Water Level Targets to Avoid Dryout . In accordance with the rele vant design documents, the permittee shall, to the maximum extent practicable, maintain a minimum static water level of 0.5 feet above the average ground elevation of the treatment cells to avoid dryout of the treatment cells, subject to available water from the upstream watershed.
B. Responding to Dryout Conditions . The permittee shall evaluate and correct potential adverse dryout effects on the water quality performance of STA-1W or STA-1E. If the compliance requirements in this permit are not met due to dryout conditions, then the permittee shall propose modifications to the Operation Plans as appropriate and submit the revised plan to the Department for review and approval.
C. Maximum Water Level Targets . The permittee shall ensure, to th e maximum extent practicable, that maximum water depths of 4.0 feet above the averag e ground elevation of the treatment cells will not be exceeded in order to avoid long-term damage to the treatment vegetation and provi de protection of project
levees.

D. Operational Envelope . The District shall ensure that ope ration of the facility does not exceed the operational envelopes for STA-1W a nd STA-1E contained in the Operation Plans, except as required to fulfill the District's obligations as local sponsor of the C&SF project. In the event that the District anticipates the need to operate outside of the operati onal envelope(s) for reasons other than the District's obligations as local sponsor of the C&SF project, the District shall notify the Department prior to any such operations, with the exception of rou tine maintenance. The District sha ll receive Department concurrence prior to any such operations when practicable. Depa rtmental concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply re leases that would result in an exceedance of the maximum levels of flow or phosphorus load contained in the operational envelope.

E. Phosphorus Uptake Optimization . Operations shall be conducted to distribute the flows and water levels within STA-1W and STA-1E to optimize the phosphor us reduction performance and shall be updated as necessary to include the results of the permittee’s Process Development and Engineering (PDE) program being implemented as a part of the Long

- Term Plan

.

F

. Hydropattern Restoration . STA-1W and STA-1E shall be operated in such a manner as to be consistent with the activities proposed to restor e the hydropattern of the Everglades Protection Area, as described in Specific Condition 9 below.

9. Hydropattern Restoration. In accordance with Subsection (4)(b) of the EFA, the permittee shall operate the STAs in order to improve and restore the Everglades wa ter supply and hydroperiod. Th e permittee shall operate the ECP to achieve the requirements of Specific Condition 12 and provide additional increased flow to the Everglades Protection Area through the modification of historical ope rational practices for regulatory releases from Lake
Okeechobee and the Water Conservation Areas. The STAs shall be operated to achieve the goal of providing additional flows to the Everglades Protection Area and shall, to the maximum extent practicable, be coordinated with and consistent with the Lower East Coast Water Suppl y Plan, the Lake Okeechobee and Water Conservation AreaPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 14 of 32

Printed on recycled paper. Regulation Schedules, the Comprehensive Everglades Restoration Plan (CERP), and the entitlement of the Seminole
Tribe of Florida to surface wa ter withdrawals under the Wate r Rights Compact (P.L. 100-228).

10. Implementation of Source Control Programs.

A

. Implementation. The permittee shall continue to implemen t source control programs in each of the contributing basins in accordance with the Long

- Term Plan, Chapter 40E-63, F.A.C., and other applicable programs. Basins that do not presently include source control programs shall be monitored to determine if such programs are necessary in the event that phosphorus loads to the facility from these basins limit the facility or facilities progress towards achieving the WQBEL technology based effluent limitation (TBEL)

, hereby incorporated by reference as part of this permit [See Goforth et al , Exhibit B ( STA

- 1W) and Exhibit C (STA

- 1E)], or the applicable permit effluent limit.

B. Performance. On an annual basis, the permittee shall eval uate the performance of source controls in the contributing basins and include the findings in the annua l report required in Specific Condition 25 30 . The report shall include phosphorus loads from the basi ns and shall describe trends and compare current loads to
those determined necessary to achieve the WQBEL assumed during the development of the TBEL

. C. Improvements. If the TBEL WQBEL is not achieved and if the assumed inflow concentration used to develop the Amended Determination remedy loads in the TBEL are is exceeded

, the permittee shall submit, as part of the annual reporting re quirements in Specific Condition No . 30, a report explaining the cause (s)
for the excess loads concentration and, if applicable, schedules and strategies for source control improvements necessary to achieve the TBEL WQBEL in the annual report.

11. Water Quantity and Flooding Impacts. The permittee shall be responsible for ensuring that STA-1W and STA-1E are operated so as not to adversely affect adj acent lands with regard to fl ooding impacts and water supply needs of the region. The permittee shall hold and save the Department harmless for any and all damages, claims, or liabilities that may arise from water quantity and/or floodi ng impacts resulting from the c onstruction and operation of
STA-1W and STA-1E.

Phosphorus Conditions

12. Phosphorus Standard. Pursuant to Subsection 373.4592(4)(e)2, F.S ., the Department adopted a 10 parts per billion (ppb) numeric criterion for phosphorus in the Ever glades Protection Area (Rul e 62-302.540, F.A.C.), which was approved by the United States Environmental Protection Agency (U.S. EPA) on January 24, 2005. The compliance methodology for this criterion was revised a nd adopted by the Department on May 5, 2005, and the revised rule was approved by the U.S. EPA on July 27, 2005. Achievement of the criterion shall be determined through the WQBEL set forth in Table 1 below.

12. Under the State’s Long

- Term Plan, the goal is to achieve the phosphorus criterion in the Everglades Protection Area at the earliest achievable date, which will be accomplished through the iterativ e adaptive implementation
process set forth in the Long

- Term Plan. (See Subsection 373.4592(3), F.S.)

The Long

- Term Plan, and its subsequent revisions, set forth the framework for achieving compliance with the new water quality standard. It is envisioned that Post

- 2006 improvements, enhanceme nts, and strategies, in conjunction
with the Pre

- 2006 projects, may need to continue being developed through the Long

- Term Plan process to further optimize the facility’s phosphorus reduction capabilities. Th e Department has determined that the improvement s and
enhancements identified for STA

- 1W and STA

- 1E through the iterative adaptive implementation process contained within the Long

- Term Plan are the most environmentally appropriate and expeditious means of achieving compliance with applicable water quali ty standards in the Everglades Protection Area. The Department recognizes
that the District will need sufficien t time to develop and implement prescr ibed measures necessary to achieve compliance with the new water quality standard. This permit and the comp liance requirements and schedules contained herein shall provide relief, in the interim, from the water quality based effluent limitation (WQBEL)Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 15 of 32

Printed on recycled paper. necessary to achieve the 10 ppb numeric criterion 1 until such time as the effluent achieves the WQBEL or no la ter than December 31, 2016, at which time the WQBEL shall be achieved.

Consistent with the Long

- Term Plan and Rule 62

- 302.540, F.A.C., a technology

- based effluent limitation (TBEL) for phosphorus has been derived in acco rdance with state rules, and is co nsistent with the Federal guidelines for best available technology economically achievable (BAT) set forth in 40 CFR Subsection 125.3(d). The Tests for Determining Achievement of the STA

- 1W TBEL and Determining Achievement of the STA

- 1E TBEL are set forth in Specific Condition 16. The Technical Support Document for the STA

- 1W TBEL (Goforth et al., Exhibit B) and Technical Support Document for the STA

- 1E TBEL (Goforth et al., Exhibit C), further explains the derivation of the
TBEL limits for STA

- 1W and STA

- 1E and identifies factors which may impact flows and loads associated with the treatment system. At this time, the relationship between waters discharged to, and the resulting water quality in the Everglades Protection Area has not been determined and a WQ BEL has not been established under Rule 62

- 650, F.A.C. as necessary to achieve the phosphorus criterion in Rule 62

- 302.540 F.A.C. Research is currently ongoing to establish this relationship and establish a WQBEL. In the interim, until such a relationship is determined and a WQBEL established, discharges from STA

- 1W, via the G

- 251 and G

- 310 Pump Stations, and from STA

- 1E, via S

362 pump stations, shall meet the TBELs identified in the Exhibits B and C. The TBELs shall be revised as appropriate, consistent with the iterative implementation of BAPRT and Rule 62

- 620.620(3), F.A.C., until such time that the TBELs become consistent with the water quality based effluent limitation (WQBEL) established to achieve the numeric phosphorus criterion.

13. Start-Up Phase. During the initial Start-Up Phase of a new treatment cell or new flow-way, the permittee shall monitor phosphorus concentrations within the facility to demonstrate that the project is achieving a net reduction in phosphorus. Portions of STA-1W and STA-1E may ope rate independently of each other. Under those circumstances, Start-Up Phase operation and monitoring with in the treatment area shall be performed as follows:

A. Establishment of Marsh Vegetation. The permittee shall manage water depths in the treatment cells to
facilitate the recruitment of marsh vegetation in accordance with the Op erations Plan, which may include recirculating waters within the STA.

B. Start-Up Monitoring. On a weekly basis, the permittee shall monitor total phosphorus at the upstream side of a flow-ways inflow structure(s). Total phosphorus shall also be monitored on a weekly basis on the upstream side of the flow-ways outflow structures. For flow-ways with one or more inflow or discharge structures, representative samples at a single structure may be used upon Department discretion.

C. Phosphorus Start-Up Test. The Phosphorus Start-Up Test for an individual flow-way or treatment cell shall be met when the above samples demonstrate, over a four-week period, that a net reduction in phosphorus occurs. This net reduction shall be deemed to occur when the 4-week geometric mean total phosphorus water column concentration from samples collected at the applicable outflow structures is less than the 4-week geometric mean total phosphorus water column concentration collected at the applicable inflow structure(s).

D. Discharge Operations. Discharge operations, from an individual flow-way or treatment cell that has passed the Phosphorus Start-Up Test described above, may comme nce once Initial Start-Up Phase documentation and all supporting data and analyses are submitted to the Department via regular or electronic mail. For flow-ways or treatment cells that have not met these tests within six months after issuance of the permit, the permittee shall submit monthly status updates regarding progress toward achieving and identifying strategies and timelines to achieve this test.

1 The 10 ppb numeric criterion is set forth in Rule 62-302.540(4)(a), F.A.C. and is consistent with Section 301(b)(1)(C) of the C WA. A water quality based effluent limitation (WQBEL) for phosph orus will be established in acco rdance with Specific Condition 18. It is recognized that the ultimate WQBEL to be developed may be higher than a flow

- weighted mean of 10 ppb.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 16 of 32

Printed on recycled paper. E. Initiation of Individual Flow-way (Stabilization and Routine Operation) Discharges and Monitoring. Once flow-through discharges from a flow-way begin, the permittee sh all initiate routine water quality monitoring for that flow-way consistent with Table 1 and the monitoring program described in this permit.

14. Stabilization Phase (Flow

- through Operatio ns)

– During the Stabilization Phase the treatment vegetation will be maturing and the STA performance will generally be improving toward achieving the TBEL . However, the overall performance of the STA is extremely difficult to evaluate and predict. It is anticipated that the treatment vegetation may require one to three years after flow

- through operations begin for the affected cells to achieve optimal performance. During the stabilization phase the TBEL shall apply. Once the facility achieves the TBEL i t shall enter the Routine Operations Phase. During the Stabilization Phase, exceedance of the TBEL may occur; however, the STA shall be deemed in compliance with the permit as long as the actions described Specific Condition 17 of this permit are being tak en in conjunction with all other applicable permit conditions.

An STA or Flow

- way may enter the Stabilization Phase after one of four antecedent conditions: (1) once flow

through operations begin following the initial start

- up of a new treatment cell; (2) when a treatment cell is taken off

line for implementation of Long

- Term Plan enhancements that may have adverse impacts on STA performance, (3)
when a treatment cell is taken off

- line for recovery activities associated with a major event that compromises the structural integrity or performance of the STA, or (4) planned/unplanned maintenance activities which would cause adverse impacts to the STA’s treatment capabilities. If the flow

- way is determined by the District to be incapable of operating or perfor ming effectively as a result of the impacts caused by one or more of these circumstances, the District shall submit strategies and timelines identified as being the most effective in restoring the impacted flow

way(s) to the optimal performance level withi n 60 days from such a determination or occurrence. The timely submittal and implementation of these strategies and timelines in conjunction with the Department’s review and approval of such submittals and compliance with all other applicable conditions of this permit shall constitute compliance

.

As part of the first annual report following any adverse im pact to the facility, and each subsequent year until the facility achieves the TBEL, the 12 month rolling flow

- weighted mean TP concentration of the STA o utflow shall be assessed as to whether there is a trend in improvement of performance relative to prior years. If the trend analysis that is applied to this data indicates that there is not a trend in improvement of performance, the permittee shall
report as to the causes behind the lack of performance impr ovement. If during a subseque nt annual report the trend analysis applied to these data indicat e that there is not a trend in improve ment of performance after the affected
flow

- way has been in flow

- through operation for 24 months, the annual report shall include any remedial measures necessary to achieve improved facility performance by the end of next year, and shall provide an estimate of when
the TBEL shall be achieved.

15 4 . Routine Operations Phase - During the Routine Operations Phase, discharges from the STA shall achieve compliance with the WQBEL as of December 31, 2006. TBEL, as described in Specific Condition 16 of this permit. STA

- 1W and STA

- 1E shall achieve the WQBEL, established pursuant to Specific Condition 18, by no later than Dec 31, 2016

16. Application of Technology Based Effluent Limits. The TBEL described above will be applied as follows:

A. Compliance shall be tested in each water year (May

– April) using data from the monitored repre sentative inflow structures (G

- 302, G

- 311, and S

- 319) and outflow structures (G

- 251, G

- 310, and S

- 362), except as noted below. The result of this compliance testing shall be reported by the District as part of the annual reporting requirements in Specific Condition 30. The compliance calculations will exclude flows made for low flow water supply deliveries. Low flow water supply deliveries are deliveries that pass through the Everglades Protection Area to Dade, Browar d or Palm Beach County, and the Big Cypr ess Seminole Indian Reservation for water supply (wellfield rechar ge and salt water intrusion prevention) purposes. In addition, low flow water supply deliveries are made at times when water levels in the Water Conservation Areas (WCAs) are below the minim um elevations presented below:

• WCA

- 1

– 14.5 ft. NGVD measured at the 1

- 8C gaugePermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 17 of 32

Printed on recycled paper. • WCA

- 2

– 10.5 ft. NGVD measured at the headwater (HW) of the S

- 11B structure

• WCA

- 3A

– 7.5 ft. NGVD measured at HW of S

- 333 or 11.0 ft at HW of G

- 409

These stage thre sholds will be reviewed as part of any future analyses associated with revisions to the current regulation schedules (WCA

- 1: May 1995; WCA

- 2: June 1989; WCA

- 3A: November 2000). This method will also exclude water supply deliveries to the Loxahatchee Nation al Wildlife Refuge (Refuge) or Everglades National Park (ENP), which have been requested by Refuge, ENP or U.S. Army Corps of Engineers staff and which cannot be treated by an STA prior to delivery.

B. The TBEL shall not apply in water years when rainfal l in the source basins tr ibutary to the STA exceeds the maximum annual basin rainfall that occurred during the period of record used for deriving the TBEL (See Goforth et. al ., 2007). In addition, the TBEL shall not a pply in water years when rainfall in th e basin tributary to that STA is less than the minimum annual rainfall that occurred during the period of record used for deriving the TBEL for that STA if supplementa l flows are not available to maintain wet conditions in that STA. If a year is excluded b ased upon these criteria, results from adjacent years sha ll be treated as consecutive in testing compliance.

C. The STAs will be deemed in complian ce with the TBEL unless the annual flow

- weighted mean phosphorus concentration at the monitored representat ive outflows is greater than the annual limit. The annual limit can be calculated using the methods contained on pages 9

- 12 of the Technical Support Document for the STA

1W TBEL (Goforth et al. 2007, Exhibit B) and the Technical Support Document for the ST A

- 1E TBEL ( Goforth et. al., 2007, Exhibit C ) . The method may be revised in the future as appropriate to reflect lower STA limits. Tables 2 and 3 below contain exampl e calculations of the TBEL based on corresponding phosphorus loading rates (PLR).

17. Im provements , Enhancements and Regional Water Management Projects - In accordance with the Long

Term Plan, as may be amended with Department approval the District shall proceed w ith the planning, design and
construction of additiona l regional water manageme nt projects and internal improvements and enhancements that, when fully implemented, shall result in the improved performance of STA

- 1W and STA

- 1E (See Table 4). These projects include :

A. Internal Improvements and Enhancements

1. Enhancements. The West ern and Northern flow

- ways of STA

- 1W began Flow

- through Operations in July 2006 after being off

- line for enhancements and hurricane rehabilitation activities. The Stabilization Phase
for these flow

- ways shall conclude in approxi mately June 2008. In addit ion to these activities, the District is currently in the process of completing the remaining improvements and enhancements identified in the October 2003 Long

- Term Plan, and subsequent revisions. Remaining improvements and enhancements previously identif ied through the Long

- Term Plan process and approved by the Department include the
Eastern Flow

- way Cell 1 internal levee and associated G

- 248 structures (to be completed prior to December 31, 2007), and the vegetative conve rsion of Cells 1B and 3 to submer ged aquatic vegetation (to be completed prior to October 31, 2008). The Eastern flow

- way will enter Stabilization Phase where the
flow

- way will progress towards its optimal performance. The Stabilization Phase is assumed to last approximately 24 months or no later than November 2010.

2. STA

- 1E Enhancements. Following limited emergency operations associated with the 2004 hurricanes,
the Central and Western flow

- ways of STA

- 1E began flow

- through operations in September 2005. Vegetation enhancements desig ned to improve the phosphorus removal performance are underway in the
Central and Western flow

- ways. Although the downstream cells (4N, 4S and 6) of these flow

- ways were originally designed for emergent vegetation, vegetation management activities have be en enacted to develop submerged aquatic vegetation (SAV). Full conversion to SAV is anticipated to take 2 to 3 years and should be complete by September 2008. It is an ticipated that post construction ground elevations in the STA and incomplete backfilli ng of a north

- south oriented canal in Cell 7 may hinder the development of SAV and lengthen the period for full conversion. Until Flow

- way 1 has been converted to full flow

-Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 18 of 32

Printed on recycled paper. through operations, the Central and Western Flow

- ways may receive flows and phosph orus loads in excess of their design and as a result may remain in stabilization for an extended period.

Regional Water Management Projects

B.

1. Conversion of STA

- 1E to full flow

- through operations. The Corps of Engineers recently constructed a
PSTA Demo nstration Project within the Eastern flow

- way of STA

- 1E; that portion of the STA has not yet been transferred to the District and remains under the control of the Corps. The demonstration project is currently beginning start

- up activities and is anticipat ed to be operated over a 24 month period by the Corps. After completion of the demonstration project, in approximately September 2009, test cell levees
and structures shall be removed to return the Eastern flow

- way to full flow capability by the USACE. Fo r the purpose of forecasting a performance schedule, it is assumed that flow

- through in the Eastern flow

- way will occur by June 30, 2010 and that the Stabilization Phase will last 24 months (June 2012). It is recognized that additi onal time will be needed in order for STA

- 1E to achieve full flow

- through operations. Since STA

- 1W was designed to work in concert with STA

- 1E, until STA

- 1E is in full flow

through operation, a portion of the water intended for STA

- 1E will be captured and treated in STA

- 1W and

t he performance of STA

- 1W is expected to improve after the full flow through operation of STA

- 1E begins, as flows and phosphorus loads into STA

- 1W are reduce d.

2. L

- 8 Diversion Project. As part of the Comprehensive Everglades Restoration Plan (CERP), the Corps of Engineers and the District are underw ay with the planning of capital wo rks that will eventually divert upwards of 75,000

- 100,000 acre feet per year (AF/yr) away from the STA

- 1E/STA

- 1W inflow works. The

L

- 8 Diversion Project features shall be comp leted by December 31, 2014 according to the Master Implementation Schedule. Until the L

- 8 Diversion Project is completed, a portion of L

- 8 Basin runoff will continue to be captured and treated by STA

- 1W and STA

- 1E, contributing to flows and phosphorus load s greater than their design values. The performance of STA

- 1W and STA

- 1E is expected to improve after the

L

- 8 Diversion Project is complete as flows and phosphorus loads to STA

- 1W and STA

- 1E are reduced.

3. Additional Treatment Area. The District is pres ently designing capital works for approximately 6,800 acres of additional treatment area. This area, re ferred to as Compartment B, will provide additional treatment capacity for waters that pres ently are captured and treated in STA

- 1W and STA

- 1E. When th e conveyance improvements referenced below are completed STA

- 1W and STA

- 1E performance will improve as flows and phosphorus loads are reduced. The Compartment B build

- out project shall be flow

capable by December 31, 2013.

4. Conveyance Improvements. In order for STA

- 1W and STA

- 1E to receive the full treatment benefit of the expanded area in Compartment B, improvements to the conveyance infrastructure are required. The District is presently designing the conveyance improvements. Construction of the conv eyance improvements shall be substantially completed by December 31, 2013.

The District shall report on the progress of the aforementioned projects , p roject schedule updates, and estimated timeframes for the implementation of future improvements and enh ancements as part of the annual report requirements in Specific Condition No. 30 of this permit.

18. Water Quality Based Effluent Limitation. The District shall conduct a study to determine the relationship between discharges from STA

- 1W and STA

- 1E and the resulting water quality in the Refuge. The final scope of work for this study shall be submitted to the Department by no later than December 31, 2007 for the Department’s review and written approval. The District shall prepare and submit a report of its findings, based on the data collected over the course of this study for Department review by no later than December 31, 2009. Based on the findings of this study and Department concurrence with its me thods and results, the Department shall establish a WQBEL in accordance with Rule 62

- 650 F.A.C. and 373.4592 F.S. by December 31, 2010. Establishment of aPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 19 of 32

Printed on recycled paper. WQBEL for these facilities shall result in a major modification to this permit. The WQBEL for STA-1W and STA-1E is specified in Table 1 below.

1 5 . Operational Envelope. As a part of the annual reporti ng requirements in Specific Condition 25 30 , the District shall provide an annual assessm ent as to whether the facility is opera ting within or outside the operational envelope. The assessment shall be ba sed on annual inflow volumes and phosphorus loads and shall compare flows and loads to the corresponding average and maximum values contained in the operationa l envelope described in Technical Support Document for the STA-1W TBEL (Exhibit B) and Technical Support Document for the STA-1E TBEL ( Exhibit C). If the annual inflow volumes or phosphorus loads exceed the corres ponding average values of the operational envelope during an annua l compliance period, the District shall conduct a review of potential causes and include this review in the annual report. If annual inflow volumes or phosphorus loads exceed the corresponding maximum values of the operational envel ope during an annual compliance period and such an
exceedance is determined to have caused or contri buted to the facility’s inability to achieve the WQBEL effluent
limitation , the District shall conduct a review of potential causes and include a comparison of the relationships between rainfall, runoff, and phosphorus loads from the complia nce year with the rainfall/ runoff/ load relationships derived from the data used in deriving the WQBEL TBEL . Departmental concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply releases that would re sult in an exceedan ce of the maximum levels of flow or phosphorus load c ontained in the operational envelope.

Conditions for Parameters Other than Total Phosphorus

16 . Comparison of Outflows to Inflows. For all water quality parameters indicated in the STA-1W and STA-1E Routine Monitoring Table (Table 1) other than total phosphorus, mercury, and dissolved oxygen, inflow and outflow samples collected at the G-302, G-251, S-319, G-311, G-310, and S-362 shall be used to determine compliance with this Specific Condition. Compliance with this Specific Condition shall be evaluated as follows:

A. If the annual average outflow concentration does not cause or contribute to violations of applicable Class III water quality standards, then the STA shall be deemed in compliance with this condition.

B. If the annual average concentration at the outflow stati on causes or contributes to violations of applicable Class III water quality standards, but is of equal or better quality than, the annual average concentration at the inflow stations, then the STA shall be deemed in compliance with this condition.

C. If the annual average concentration at the outflow causes or contributes to violations of applicable Class III water quality standards, and also exceeds the annual aver age concentration at the in flow station, then the STA shall be deemed out of compliance with this condition.

17 . Dissolved Oxygen. The dissolved oxygen parameter shall meet the requirements set forth in the Everglades Marsh Dissolved Oxygen Site Specific Alternative Crite ria (DO SSAC, Exhibit D). Compliance with the DO SSAC shall be evaluated annually using a statistical analysis to compare dissolved oxygen levels within facility discharges to predicted model values. The specific methods for determining compliance are set forth in the DO SSAC which was adopted by Secretarial Order on January 26, 2004, and approved by the U.S. Environmental Protection Agency
as a revision to the State of Florida’s water quality standards on June 16, 2004.

18 . Public Health, Safety, or Welfare . Pursuant to Subsection 373.4592(9)(h)3 of the EFA, discharges from the STA-1W and STA-1E project shall not pose a serious danger to the public health, safety, or welfare.

Factors Impacting Compliance

19

. Factors Outside the Permittee’s Control. In the event that non-compliance or failure to achieve the WQBEL perfo rmance objectives results for any of the reasons other than those below, the permittee shall take appropriate
remedial measures.

A. Anomalous Rainfall. Compliance with the TBEL shall not be tested in water years when the rainfall in the source basins exceed the range of values that o ccurred during the period of model simulation used inPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 20 of 32

Printed on recycled paper. the development of the TBELs, or when sufficient supplemental flows are not available to maintain an average depth of 0.5 ft in each treatment cell of STA

- 1W and/or STA

- 1E. In these instances, results from adjacent years will be treated as consecutive for purposes of testing compliance. The Department may make similar adjustments wher e emergency discharges occur.

B. Random Variation. The permittee shall report any statistical uncertainty in the methodology using acceptable scientific methods.

C A . Other Factors . Events beyond the permittee’s control that may prevent or delay compliance, including natural disasters as well as unavoidable legal barriers or restraints, including those arising from actions or regulations not under the control of the permittee (e.g. Lake Okeec hobee Regulation schedule and WCA-1 Regulation schedule).

B. Emergency Conditions. Discharges from the G-251 and/or G-310 Pump and/or S-362 Stations and bypass diversion of waters through the G-300 and/or G-301 struct ures shall also be allowed in accordance with the emergency provisions of Chapter 373, F.S., to avoid hydrological and nutrient overloading the STA, or when water conditions within STA-1W and/ or STA-1E may damage existing marsh vegetation.
When a diversion bypass event or series of proximal diversion bypass events is anticipated due to aforementioned conditions, the permittee shall notify the Department of the anticipated event.

SPECIFIC CONDITIONS FOR MONITORING PROGRAM

In accordance with Subsection 373.4592(9)(h) of the EFA, the following monitoring conditions are intended to assess the water quality of the discharges of STA-1W and STA-1E, to assess the ability of the STA in achieving the design objectives of the ECP , as modified by the Long

- Term Plan WQBEL specified herein , and to measure progress towards achieving state water quality standards.

2 0 . Turbidity Monitoring. Effective means of turbidity control, such as, but not limited to, turbidity curtains or the discontinuance of flow activity to and from the affected cell(s), shall be employed during all maintenance activities that may create turb idity so that turb idity shall not exceed 0 NTUs above background in the receiving waters which are classified as Outstanding Florida Wa ters (OFW), and 29 NTUs above background in Class III waters. Turbidity controls and/or preventive operation procedures shall re main in place until all turbidity has subsided and the turbidity level at the point of discharge to receiving wate rs meets state standards

Turbidity monitoring equipment and personnel trained to use it shall be available on site at all times during maintenance activities that result in pr oject-generated turb idity levels in the receiving water body. The permittee shall monitor turbidity levels at leas t twice daily at a minimum of 4 hours apart during these activities as follows:

A. Monitoring samples shall be taken at the following locations:

1. Background Sample(s): At the project inflow monitoring station G-302, S-319, and G-311

2. Compliance Sample(s): Upstream of the project outflow monitoring stations G-251, G-310 and S-362.

B. Turbidity monitoring results shall be summarized quarterly (every three calendar months) by project component, beginning with the first calendar month in which construction or maintenance projects occur that could generate turbidity in receiving waters and continuing until all maintenance is completed. Monitoring data with supporting documents shall be submitted to the Departme nt quarterly during the period of actual construction. The reports shall clearly identify the following information:

1. Permit number;

2. Dates and time of sampling and analysis;

3. A statement describing the methods used in collection, handling, storage and analysis of the samples;Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 21 of 32

Printed on recycled paper. 4. A clear description of project component activities taking place at the time of sampling;

5. A map indicating the sampling locations; and,

6. A statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of de tection and accuracy of the data.

C. Monitoring reports shall also in clude the following information fo r each sample that is taken:

1. Water depth;

2. Depth of sample;

3. Weather conditions; and,

4. Water level stage and direction of flow.

In the event that project-g enerated turbidity levels in receiving waters exceed th e standard 0 NTUs above background in an OFW or 29 NTUs above background in Cl ass III waters, project com ponent activities contributing to elevated turbidity levels shall immediately cease, and the Department shall be notified immediately. Work shall
not resume until the work can be conduc ted in compliance with th e aforementioned turbidity standard. In such cases where turbid conditions will be attributed to activities associated with dewatering, the District shall comply with the turbidity requirements set forth in the dewateri ng permit issued by the Department in lieu of the above requirements.

25 1 . Monitoring Program. Monitoring performed in accordance with this permit sha ll include the vegetation and water quality and quantity parameters listed below and in the STA-1W and STA-1E Routine Monitoring Table (Table 1) of this permit. At a minimum, the monitoring program for STA-1W and STA-1E shall include the following:

A. Long

- Term Plan Monitoring Program. The permittee shall continue to implement the portions of the Process Development and Engineering (PDE) component of the Long

- Term Plan that are relat ed to this permit. This program shall monitoring in order to evaluate the effectiveness of the STAs in improving water quality and maintaining designated and existing beneficial uses of the Everglades Protection Area and tributary waters. Results of the monitoring efforts shall be reported as part of the annual South Florida Environmental Report (SFER).

1. Aerial Vegetation Photographs and Mapping. Aerial vegetation photographs and mapping shall be
conducted in accordance with the PDE components of the Long

- Term Plan

.

2. Mercury Monitoring Program

. The permittee shall monitor mercury, report the results obtained, and take all necessary actions as specified in the document entitled “Mercury Monitoring Program,” which is hereby incorporated by reference and made a part of this permit as Exhibit E (STA-1W) and Exhibit F (STA-1E)

.

3. Routine Research and Monitoring Program

. The permittee shall conduct long-term monitoring at the G-302, G-311, S-361 and S-319 inflow structures, the G-251, G-310 and S-362 outflow pump stations, and report the results to the Department in accordance with the annual reporti ng requirements of this permit for the parameters listed in the STA-1W and STA-1E Routine Monitoring Table (Table 1 2 ) of the “Monitoring Required” section of this permit. Data from this program may provide the basis for additional permit compliance requirements. The District shall also monitor additional stations as defined in the PDE element of the Long

- Term Plan.



### 26 2 . Diversions Bypasses

. The District shall notify the De partment and the Refuge within 48 hours of any unanticipated diversions bypasses of flow through the G-300 and/or G-301 gated structures and the District shall notify the Depa rtment as soon as practicable in advance of anticipated bypasses d iversions , with the exception of routine maintenance. The submittedPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 22 of 32

Printed on recycled paper. 

### notification shall include a description of the circumstances related to the diversion bypass and a projection of the anticipated duration of the bypass diversion . All diversions bypasses occurring through the G-300 and G-301 structures shall be m onitored for the parameters Total Phosphorus and Flow as required in the t able below. As soon as practicable after cessation of all bypasses
diversions , the District shall submit a summary of the data collected for these parameters, and identify the duration of the bypasses diversions

. Bypasses shall be limited to the shortest time possible and are not allowed solely to achieve the WQBEL. Bypasses are subject to and must meet the requirements of F.A.C. Sections 62-620.610(20), (21), and (22).

Parameter Units Sample Type Frequency Total Phosphorus mg/l Grab Weekly

Flow CFS Calculated Daily Average

A. STA

- 1W Diversion Limit. To limit discharge concentrations resulting from diversion even ts, discharges
of waters from the EAA to the L

- 7 Canal from the G

- 301 diversion structure and the discharge pump
stations from STA

- 1W shall not exceed a 50 ppb maximum annua l discharge limit. The 50 ppb maximum annual discharge limit shall be calculated a s an annual flow weighted mean total phosphorus concentration for combined discharges from the EAA during the May

- April Water Year from the G

- 301 diversion
structures and from the G

- 251 and G

- 310 pump stations.

B. STA

- 1E Diversion Limit. To limit dischar ge concentrations resulting from di version events, discharges of
waters from the EAA to the L

- 40 Canal from the G

- 300 diversion structure and the discharge pump station
from STA

- 1E shall not exceed a 50 ppb maximum a nnual discharge limit. The 50 ppb maximu m annual discharge limit shall be calculated as an annual flow weighted mean total phosphorus concentration for combined discharges from the EAA during the May

- April Water Year from the G

- 300 structure and the G

362 pump station.



### The 50 ppb maximum annual discharge limit for waters from th e EAA shall be enforceable after all of the additional components of the control program set forth in Specific Condition 17 of this permit are operational. By including a 50 ppb maximum annual discharge limit in this per mit, the Department is not determining, admitting, or waiving any adjudicating permittee’s or the Department’s rights, claims, or defenses of the permittee, the Department, or any other party to any matters relating to compliance with requirements of the E verglades Consent Decree, as modified, entered in the case styled United States v. So. Fla. Wate r Management Dist., et al.

, case No. 88

- 1886

- CIV

- Moreno (S.D. Fla.).

2 3 . STA-1W Transect Monitoring. The permittee shall conduct water quality, soil, and vegetation monitoring as specified below at a series of sites located along transects downstream of the STA-1W discharge site to characterize the effects of the STA-1W discharge on adjacent marsh areas of the Refuge. Table 4 5 below identifies seven (7) sampling sites located along a transect originating at th e Rim Canal adjacent to the STA-1W discharge point and extending to the southeast toward the center of the Refuge into an unimpacted portion of the marsh . Table 5 below identifies five (5) sampling sites located along a transect originating at the Rim Canal downstream of the STA-1W discharge point and extending to the southeast toward the center of the Refuge into an unimpacted portion of the
marsh. Upon demonstration that an additional sampling site or removal of an existing sampling site is warranted, the permittee may request a modification to the monitoring program as appropriate. The Department and USEPA shall review and approve such requests on a case by case ba sis. Any alteration in the monitoring program approved by the Department and USEPA shall occur in the form of a modification to this permit.

For the first transect, m onitoring site LOXA104 is located in the Rim Canal and will be used to evaluate changes in water quality occurring between the Rim Canal and the actual marsh. Of the remaining six sites, four are located in areas currently identified as impacted (i.e., sediment TP concentration greater than 500 mg/kg) with the final twoPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 23 of 32

Printed on recycled paper. sites located in areas curren tly identified as unimpacted. For the second transect, monitoring site Z-0 is located in the Rim Canal and will be used to evaluate changes in water quality occurring between the Rim Canal and the actual marsh. Of the remaining four sites, three are located in areas currently identified as impacted (i.e., sediment TP concentration greater than 500 mg/kg), with the final site located in an area currently identified as unimpacted.

All water quality, soil, and vegetation samples will be collected and reported for the parameters and at the frequency specified in the SFWMD’s January 20, 2010 ‘Project WCA-2A Monitoring Plan for STA-2 and Compartment B Build-Out Downstream Monitoring Plan’. Water quality grab samples will be co llected at each of the transect sampling sites identified i n Table 5 below on a monthly basis. In addition, sediment samples will be collected at each marsh site every 3 years. The sediment samples will be subdivided in to floc (if present) and the upper 10 cm
of sediment with each com ponent being analyzed separa tely for TP and bulk density. The depth of any floc layer
will also be recorded. To assure th at the samples collected are represen tative of ambient conditions, all marsh sampling will be conducted in accordance with the marsh sampling protocols provided in the SFWMD’s Field Sampling Quality Manual as refined in the District’s Monitoring Plan for Everglades Protection Area WCA

- 1, Project: EVPA.

2 4 . STA-1E Transect Monitoring. The permittee shall conduct water quality, soil, and vegetation monitoring as specified below at a series of sites located along a transect downstream of the STA-1E discharge site to characterize the effects of the STA-1E discharge on adjacent marsh areas of the Refuge. Table 6 below identifies five sampling sites located along a transect origina ting at LOXA-135 sampling site in the rim canal adjacent to the STA-1E discharge point and extending to the LOXA-139 sampling site located in an unimpacted portion of the marsh. Upon demonstration that an additional sampling site or removal of an existing sampling site is warranted, the permittee may request a modification to the monitoring program as appropriate. The Department and USEPA shall review
and approve such requests on a case by case basis. Any a lteration in the monitoring program approved by the Department and USEPA shall occur in the form of a modification to this permit.

The monitoring site closest to the discha rge point (LOX-135) is located in the rim canal and will be used to evaluate changes in water quality occurring between the discharge point and the actual marsh. Of the remaining four marsh sites, LOXA-136 and LOXA-137 are located in areas currently identified as impacted (i.e., sediment TP concentration greater than 500 mg/kg) with the final two sites located in areas currently identified as unimpacted. All water quality, soil, and vegetation samples will be collected and reported for the parameters and at the frequency specified in the SFWMD’s January 20, 2010 ‘Project WCA-2A Monitoring Plan for STA-2 and Compartment B Build-Out Downstream Monitoring Plan’. Water quality grab samples will be co llected at each of the transect sampling sites identified in Table 6 below on a monthly basis. In addition, sediment samples will be collected at
each marsh site ev ery three years. The sediment samples will be subdivided into floc (if present) and the upper 10 cm of sediment with each component be ing analyzed separately for TP and bulk density. The depth of any floc layer
will also be recorded. To assure that the samples collected are representativ e of ambient conditions, all marsh sampling will be conducted in accordance with the mars h sampling protocols provide d in the SFWMD’s Field Sampling Quality Manual as refined in th e District’s Monitoring Plan for Everg lades Protection Area Water
C onservation Area 1 (WCA1), Project: EVPA.

2 5 . Inspection Reports. The permittee shall submit Inspection Reports to the Department evaluating the integrity and functionality of the above ground dikes/levees and stru ctures, including pump stations . The cover letter of the Inspection Report should summarize site c onditions and work that was completed in response to inadequacies that may have been found during regular inspections. Inspec tion Reports shall be prepared under the guidance of a professional engineer and submitted se mi-annually to the Department. Ever y five years, as a minimum, the permitted facilities shall be inspected by a Florida registered professional engineer and the subsequent Inspection Report shall be signed and sealed. The District may request a modification to this condition if the facility is included in a formalized inspection program that has been reviewed and approved by the Department.

30 26 . Annual Monitoring Reports. All studies, monitoring reports, and technical submittals required by this permit shall be submitted to the Department in an “A nnual Report.” The annual repor ting requirements under thisPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 24 of 32

Printed on recycled paper. permit shall be incorporated into the South Florida Environmental Report (SFER) and submitted to the Department
no later than March 1 st of each year. Each Annual Report shall presen t the information for the previous water year, from May 1 st to April 30 th . If additional reporting modifications are re quired, and upon approval by the Department, the permittee may modify the Annual Report submission date to coincide with multiple reporting requirements and time periods needed for data acquisition and analysis. In addition to the permit number, and name of the permit administrator, the Annual Reports shall contain, at a minimum, the following information:

A. Quality Assurance and Quality Control. Sampling and monitoring data shall be collected, analyzed, reported and retained in accordance with Chapter 62-160, F.A.C. Any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health (DOH) under Chapter 64E-1, F.A.C., where such certification is required by Rule 62-160.300, F.A.C. The laboratory must be certified for all specific method/analyte combinations that are used to comply with this permit. The analytical method used shall be appropriate so as to determine if the sample complies with Class III surface water quality standards as specified in Chapter 62-302, F.A.C. All field activities including on-site tests and sample collection, whether performed by a laboratory or another organization, must follow all applicable procedures described in DEP-SOP-001/01 (February 1, 2004). Alternate field procedures and laboratory methods may be used if they have been approve d according to the requirements of Rules 62-160.220 and 62-160.330, F.A.C.

B. Water Quality Data . Records of monitoring information shall include all applicable laboratory information specified in Rule 62-160.340(2), F.A.C. including the following:
1. Date, location, and time of sampling or measurements;
2. Person responsible for performing the sampling or measurements;

3. Dates analyses were performed and the appropria te code as required by Chapter 62-160, F.A.C.;

4. Laboratory/Person responsible for performing the analyses;

5. Analytical methods used, including MDL and PQL;

6. Results of such analyses, including appropriate data qualifiers, and all compounds detected;

7. Depth of sampling;

8. Flow conditions and weather conditions at time of sampling; and,

9. Monthly flow volumes.

In addition, the following records must be kept on file for reference during the duration of the project but are not required to be submitted in annual reports.

10. Field sampling and laboratory quality manuals

11. Sampling and analysis notes, as required under Chapter 62-160, F.A. C. and NELAC Quality Systems (2003), respectively.

C. Performance Evaluation.

1. Records of the operations status of the STAs dur ing the water year, sta ting whether each STA (or particular cells or flow-ways therein) is in start-up, stabilization or routine operations;
2. A comparison of inflow water quality data with outflow water quality data using the student’s t-test with a 95% confidence interval;
3. A comparison of outflow phosphorus concentrations with the TBELs WQBEL for STA-1W and STA-1E and between the current reporting year and previous years; and 4. An assessment of the inflow volumes and phosphorus loads during the year relative to the anticipated operational envelope contained in the Technical Support Document for the STA-1W TBEL (Exhibit B) and the Technical Support Document for the STA-1E TBEL (Exhibit C)

.

Calculations for any reporting that requires averaging of measurements shall be weighted by flow value.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 25 of 32

Printed on recycled paper. D. Herbicide and Pesticide Tracking. The permittee shall provide, in each annual report, information regarding the application of herbicides and pesticid es used to exclude/eliminate undesirable vegetation and pests within STA-1W and STA-1E. Such reporting sha ll include the names, concentrations, locations, and quantities of all herbicides and pesticides used, and a statement certifying that the permittee has adhered to manufacturer application guidelines.

E. Implementation Schedules. The Annual Report shall provide details on the following:
1. Implementation of projects the WQBEL and activities required by this permit and affecting flows and loads to STA-1W and/or STA-1E;

2. Source Control implementation and optimization ;

3. STA design modifications affecting implementation of the WQBEL and activities required by this permit ;

4. Improvements, enhancements, and strategies that have been initiated and/or completed within the previous year;

5. Any delays in the implementation of the improvements, enhancements, or strategies, and the duration of the delays, the reason(s) for the delays, and the e xpected timeframe for their resolution;

6. The operational status of the STA, stating whether the STA is in routine operations or start-up stabilization. If the facility is in non-routine operations duri ng the reporting period, the report shall also include the date at which the facility entered the start up or stabilization phase and the length of time it remained or is expected to remain in that phase;

7. Achievement of eff luent limitations set forth in the TBEL and/or implementation of STA Recovery Plans;

8. Whether revisions and/or additions to the requirements of this permit improvements, enhancements, and strategies are recommended;

9. Implementation of remedial measures in the event of noncompliance with permit conditions;

10. Whether the facility was operated within or outside of the operational envel ope per Specific Condition 15; and

11. For each downstream transect station, a compila tion of the water quality, sediment, and vegetation monitoring data co l lected, as appropriate, and an assessment of whether the cum u lative impact remained unchanged, improved, or worsened from the previous year/monitoring.

F. The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under the Endangered Species Act or Migrat ory Bird Treaty Act. The report should include the species involved, an estimate of the number of individuals involved, actions taken to avoid deleterious impacts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estimate of when facility operation will no longer be impacted or constrained.

27 . Removal of Parameters. Upon demonstration that a specific parameter(s) is not present or is found consistently to be in compliance with Class III Water Quality Standards, the permittee may request a modification to the monitoring program as appropriate. A minimum of one year’s worth of data, for those parameters being sampled quarterly or more frequently, will be required prior to the Department approving any modification to the monitoring program. Parameters sampled semi-annually or annually will be examined on a case-by-case basis. The Department may approve a reduction of the monitori ng frequency or waive the monitoring requirement for parameters that consistently are reported as in compliance with state water quality standards.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 26 of 32

Printed on recycled paper. 28 . Addition of Parameters. If the Department has reason to believe th at additional parameters are necessary to determine whether discharges from the STAs may cause or contribute to water quality violations, those parameters shall be added to the monitoring section of this permit as a permit modification.

29 . Public Health, Safety, or Welfare. Data from existing STAs and the monitoring and compliance requirements of this permit, provide reasonable assurances that discharges authorized by this permit will not pose a serious danger to the public health, safety, or welfare. If warrant ed by additional information, the Department may include additional monitoring or compliance cond itions in this permit, in accordance w ith Subsections (9)(g) and (11)(a)2,
of the EFA.

30 . Emergency Suspension of Sampling. Under hurricane or tropical storm warnings, or other extreme weather conditions, the permittee’s normal sampling schedule may be suspended if necessary. The permittee shall notify the Department of any anticipated sampli ng suspension associated with hurricanes , tropical storms, or other extreme weather events that may require deviation from the nor mal sampling schedule. Within 14 days following the cessation of emergency conditions, the permittee shall notify the Department of when normal sampling is expected

to resume.

Renewals and Modifications

3 1 . Permit Renewal. At least 60 days prior to the expiration of this permit, the permittee shall apply for renewal of this permit. Renewal may be for a period of up to 5 years in accordance with Subsection 373.4592(9)(f) of the

EFA.

36. Permit Modifications for STA Optimization. Pursuant to Subsections (3)(b)

- (e) and (9)(j) of the EFA and the PDE component of the Long

- Term Plan, the permittee may submit proposed modifications to STA

- 1W and/or
STA

- 1E through the ada ptive implementation process identified in the Long

- Term Plan. Within 30 days after receipt of such a submittal, the Depa rtment shall notify the permittee as to whether a permit modification is necessary. Minor modifications can be processed in letter fo rmat. The Department shall determine whether the modification is minor or major based on the nature and ma gnitude of the proposed modification and the potential for the modification to have environmental impacts that are significantly different from those previously considered by the Department for the activity, pursuant to Rule 62

- 343.100, F.A.C. The permittee shall be required to publish a notice of application pursuant to Subsections 373.413 (3) a nd (4), F.S., as applicable, for any requested permit

mo difications determined to be major in accordance with this Specific Condition.

32. Department Review and Approval. Where conditions in this permit requi re Department review and approval of remedial actions or plan modifications to be implemented pursuant to this permit, the Department will consult with the permittee to ascertain whethe r mutual agreement can be reached. If mutual agreement on the remedial actions or plan modifications cannot be reached, the action of the Depart ment will be deemed final agency action and will be subject to judicial or administrative review, as appropriate.

33. Reopener Clause. The permit may be reopened to adjust efflue nt limitations or monitoring requirements should future water quality based effluent limitation (WQBEL) de terminations, water quality studies, Department approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 27 of 32

Printed on recycled paper. Discharge Limits and Monitoring:

Table 1: Discharge Limitations a nd Associated Monitoring Requirements

Discharge Limitations Monitoring Requirements

Parameters (units) Daily
Minimum Daily
Maximum Other Monitoring Frequency Sample Type Sample Point

Not to exceed 10 as a geometric mean

(GM) annual average in more
than two consecutive years 18 as a
flowweighted

mean (FWM)
annual

average Phosphorus, Total (as P) (ppb) -- --

See Footnote 1,2,3,4 below Weekly GM – based on grab samples
collected

when discharge

occurs

FWM - 7-day
flow proportioned

composite outflow

Phosphorus, Total (as P) (ppb) -- -- Report 5 Weekly 7-day flow proportioned

composite inflow

Oxygen, Dissolv ed (DO) (mg/L) Report See Specific Condition 2, 3, 4 Weekly Grab (Meter) Inflow/ outflow

1 All outflow TP monitoring results shall be reported as separate weekly values without rounding to whole numbers. The results s hall also be reported as FWM annual averages that are calculated based on the FW M of the weekly values. The results shall also be reported as GM annual averages that are calculated based on all samp le point weekly values collected when di scharge occurs in the previous 12 months. All FWM and GM annual averages shall be reported to the nearest whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall b e reported as 10 ppb

2 The discharge shall not cause phosphorus concen trations in the receiving waters to be a ltered so as to cause or contribute to a n imbalance in natural populations of a quatic flora or fauna. The discharge shall not cause phosphorus concentr ations in the receiving waters to exceed the criteria in Rule 62-302.540(4)(a), F.A.C. Beginning at the end of April after the permit effec tive date and at the end of eac h April thereafter, the permittee shall report the FWM annual average using data it collect ed for the prior 12 months. Beginning at the end of April a fter the permit effective date and at the end of each Ap ril thereafter, the permittee shall report th e GM annual average using data it collecte d for each of the prior 3 years.

3 In the year following any two consecutive years where the TP GM annual average ex ceeds 10 ppb, the permittee shall report quart erly the GM of all monthly TP values for that year. If that mean exceeds 10 ppb, the permittee sh all provide a report to both FDEP and USE PA by the fifteenth of the month following the quarterly report of its evalua tion of why that mean is as high as it is and the specific s teps it is taking to
ensure that the TP GM for that year will not exceed 10 ppb.

For the TP FWM WQBEL, the permitt ee shall report quarterly the average of all monthl y FWMs for that year. If that average exce eds 18 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that average is as high as it is and the specific steps it is taki ng to ensure that the TP FWM a nnual average for that year wil l not exceed 18 ppb.

4 If the facility does not meet the FWM WQB EL in any year, the permittee shall report the annual load of TP discharged by the ST A into the Everglades that is in excess of the WQBEL load (based on 18 ppb). If the facility does not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in ex cess of the WQBEL load (based on 10 ppb) for that year and the prev ious two years.

5 All inflow TP monitoring results shall be reported as separate weekly values without rounding to whole numbers. All results sh all also be reported as monthly averages and as FWM annual averages. The m onthly averages and FWM annual averages shall be calculated base d on the FWM of the weekly values and shall be reported to the near est whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 p pb shall be reported as 10 ppb).Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 28 of 32

Printed on recycled paper. MONITORING REQUIRED: In addition to any other monitoring requirements set fo rth in this permit, the permittee shall conduct routine monitoring as set forth for the specified parameters in the following table. Reporting of results shall be as provided in the applicable General and Specific Conditions of this permit.
Key for Table 1 2 Sample Type: G = Grab sample Sample Frequency: W = Weekly
C = Soil Core BI-W = Once every other week FPC = Flow proportionate composite sample WF = Weekly when flowing INSITU = In Situ field sample M = Monthly CAL = Calculated parameter DAV = Daily averages of continuous sampling PR = Pump record DAC = Daily accumulation of continuous sampling RG = Rain Gauge

Table 2 . STA-1W and STA-1E Routine Monitoring Table

PARAMETER UNITS SAMPLE

TYPE SAMPLING FREQUENCY SAMPLING LOCATION

Alkalinity mg/l G BI-W G-302, S-319, S-361, and G-311 Inflow;G-251, G-310, and S-362 Outflow

Dissolved Oxygen mg/l INSITU W G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow Mercury See attached Exhibit E & F (Mercury Monitoring Program)

pH SU INSITU W G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow Specific
Conductance μmhos INSITU W G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow Temperature Deg C INSITU W G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow Total Phosphorus (Water) mg/l FPC/G W G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow;G-300 and G-301

Total Nitrogen mg/l G BI-W G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow Turbidity NTU G See Specific
Condition 24 G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow Nitrate + Nitrite mg/l G BI-W G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow
Sulfate mg/l G BI-W G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow
Flow CFS PR DAV S-319, G-251, G-310, and S-362 Outflow

Flow CFS CAL DAV G-302, S-319, S-361, and G-311 Inflow; G-251, G-310, and S-362 Outflow;
G-300 and G-301 Rainfall Volume in RG DAC Rainfall Sampling
StationPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 29 of 32

Printed on recycled paper. Table 2. Interim TBELs for STA

- 1W As A Function of PLR

Table 3. Interim TBELs for STA

- 1E As A Function of PLR

Phosphorus Annual Phosphorus Annual Phosphorus Annual

Loading Phosphorus Loading Phosphorus Loading Phosphorus

Rate Limit Rate Limit Rate Limit g/m 2 /yr ppb g/m 2 /yr ppb g/m 2 /yr ppb

0.973 28 1.500 30 2.050 34

1.000 28 1.550 31 2.100 34
1.050 28 1.600 31 2.150 34

1.100 28 1.650 31 2.200 34

1.150 29 1.700 32 2.250 35

1.200 29 1.750 32 2.300 35
1.250 29 1.800 32 2.350 35

1.300 29 1.850 32 2.400 36

1.350 30 1.900 33 2.450 36
1.400 30 1.950 33 2.500 36
1.450 30 2.000 33

Phosphorus Annual Phosphorus Annual Phosphorus Annual

Loading Phosphorus Loading Phosphorus Loading Phosphorus

Rate Limit Rate Limit Rate Limit g/m 2 /yr ppb g/m 2 /yr ppb g/m 2 /yr ppb

0.972 25 1.500 29 2.050 33

1.000 25 1.550 29 2.100 34

1.050 26 1.600 30 2.150 34

1.100 26 1.650 30 2.200 34

1.150 27 1.700 31 2.250 35

1.200 27 1.750 31 2.300 35

1.250 27 1.800 31 2.350 36

1.300 28 1.850 32 2.400 36

1.350 28 1.900 32 2.412 36

1.400 28 1.950 32
1.450 29 2.000 33Permittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 30 of 32

Printed on recycled paper. DONE AND ORDERED on this 16 day of November, 2007 in Tallahassee, Florida.

Table 3 . Schedule of Compliance Activities
Activity Completion Date
STA-1W Western Flow-way Achiev e Stabilization Test June 2008 STA-1W Northern Flow-way Achi eve Stabilization Test June 2008

STA-1W Construction of Eastern Fl ow-way Enhancements December 2007

STA-1W Establishment of Easter n Flow-way Vegetation October 2008 STA-1W Eastern Flow-way Achiev e Stabilization Test November 2010 STA-1E Central and Western Flow-way Achieve Stabilization Test September 2008 STA-1E PSTA Demonstration Project Completed by USACE September 2009 STA-1E Eastern Flow-way Flow Capable by USACE June 2010 STA-1W and STA-1E

Internal Improvements
and
Enhancements

STA-1E Eastern Flow-way Achi eve Stabilization Test June 2012 L8 Diversion Project by USACE December 2014 Additional Treatment Area (Compartment B) Flow Capable December 2013 Conveyance Improvements Completed December 2013 Compartment B Enters Stabilization February 2015 Regional Water Management Projects

Compartment B Stabilization December 2016

Table 4 . STA-1W Transect Sampling Sites.

Station Latitude Longitude Impacted/Unimpacted

LOXA-104 26.597982 -80.440045 Rim Canal LOXA-104.5 26.594111 -80.439111 Impacted LOXA-105 26.591899 -80.436094 Impacted
LOXA-106 26.592206 -80.431281 Impacted LOXA-107 26.587390 -80.421445 Impacted LOX-107U 26.581200 -80.412000 Unimpacted
LOXA-108 26.577960 -80.405853 Unimpacted

Table 5. STA-1W Z Transect Sampling Sites.

Station Latitude Longitude Impacted/Unimpacted

Z-0 26.46697 -80.44218 Rim Canal

Z-1 26.4683 -80.44012 Impacted

Z-2 26.46453 -80.42794 Impacted

Z-3 26.4583 -80.40862 Impacted

Z-4 26.44617 -80.38851 Unimpacted

Table 6 . STA-1E Transect Sampling Sites.

Station Latitude Longitude Impacted/Unimpacted

LOXA-135 26.623355 -80.316123 Rim Canal

LOXA-136 26.618793 -80.318667 Impacted

LOXA-137 26.615103 -80.321703 Impacted

LOXA-138 26.606817 -80.326665 Unimpacted

LOXA-139 26.593325 -80.337154 UnimpactedPermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 31 of 32

Printed on recycled paper. STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

______________________________________ Michael W. Sole Secretary

MS/jb/jh

FILING AND ACKNOWLEDGMENT

FILED, on this date, under Section 120.52(7), F.S., with the designated deputy clerk, recei pt of which is hereby acknowledged.

_____________________________________________________ Clerk Date

PARTIES REQUESTING NOTICE:
Miccosukee Tribe of Indians of Flor ida, c/o Dexter Lehtinen, Esq. Miccosukee Tribe of Indians of Florida, c/o Kelly Brooks, Esq. United States Sugar Corporation, c/o Bubba Wade Seminole Tribe of Indians of Florida, c/o Stephen A. Walker, Esq. Sugar Cane Growers Cooperative, Roth Fa rms, Inc., and Wedgeworth Farms, Inc., c/o William H. Green, Esq. Keith Saxe, Esq., U. S. Department of Justice Michael Stevens, U.S. Depart ment of the Interior (fax) Jeffrey J. Ward, Sugar Cane Growers Cooperative Philip S. Parsons, Young van Assenderp Helen Hickman, Brown & Caldwell Tom MacVicar, MacVicar, Frederico, & Lamb Charles Lee, Florida Audubon Society Samuel B. Reiner, II, Esq., Lehtinen O’ Donnell, Vargas & Reiner, P.A. Michelle W. Smith, Esq., Earl, Blank, Cavanaugh & Stotts

COPIES FURNISHED TO: Sharon Fauver, U.S. Fish and Wildlife Service Susan Teel, U.S. Fish and Wildlife Service Jeff Bielling, FL. Dept. of Community Affairs Linda McCarthy, FL. Dept. of Agriculture Charles Oravetz, Nat. Ma rine Fisheries Service Don Klima, U.S. Advisory Council on Historic Preservation John Childe, Friends of the Everglades David Reiner, Friends of the Everglades Col. Robert Carpenter, USACOE, JacksonvillePermittee: South Florida Water Management District Project: Stormwater Treatment Area 1 West and Stormwater Treatment Area 1 East
File No.: 0279499-001-EM Page 32 of 32

Printed on recycled paper. Richard Bonner, USACOE, Jacksonville Peter Bestrukschko, USACOE, Jacksonville Richard Harvey, USEPA, West Palm Beach Philip Mancusi-Ungaro, Esq., USEPA, Atlanta Roosevelt Childress, USEPA, Atlanta Gina Fonzi, USEPA, Atlanta Dan Scheidt, USEPA, Athens Eric Hughes, USEPA, Jacksonville Janet Bussell, The Everglades Foundation Mark Musaus, Loxahatchee National Wildlife Refuge Mike Waldon, Loxahatchee National Wildlife Refuge Matt Harwell, Loxahatchee National Wildlife Refuge Mike Zimmerman, Everglades National Park Ken Haddad, Florida Fish and Wildlife Conservation Commission Joe Walsh, Florida Fish and Wildlif e Conservation Commission, Vero Beach Steve Coughlin, Florida Fish and Wildlife Conservation Commission, West Palm Beach

ADDITIONAL COPIES FURNISHED TO: Eric Eikenberg, Governor’s Office Carol Wehle, SFWMD, West Palm Beach Chip Merriam, SFWMD, West Palm Beach Sheryl Wood, SFWMD, West Palm Beach Terrie Bates, SFWMD, West Palm Beach Dean Powell, SFWMD, West Palm Beach Sean Sculley, SFWMD, West Palm Beach Deb Drum, SFWMD, West Palm Beach Gary Goforth, Gary Go forth, Inc., Stuart Tracey Piccone, SFWMD, West Palm Beach Susan Sylvester, SFWMD, West Palm Beach Tom Kosier, SFWMD, West Palm Beach Jim Galloway, SFWMD, West Palm Beach Tom Teets, SFWMD, West Palm Beach Ron Bearzotti, SFWMD, West Palm Beach Kirk Burns, Esq., SFWMD, West Palm Beach John Mitnik, SFWMD, West Palm Beach Ernie Barnett, SFWMD, West Palm Beach Susan Sylvester, SFWMD, West Palm Beach Maria Clemente, SFWMD, West Palm Beach Linda Lindstrom, SFWMD, West palm Beach Kathy Pietro, SFWMD, West Palm Beach Juliann LaRock, SFWMD, West Palm Beach Linda Crean, SFWMD, West Palm Beach Hongying Zhao, SFWMD, West Palm Beach Greg Knecht, FDEP, Tallahassee John Outland, FDEP, Tallahassee Frank Nearhoof, FDEP, Tallahassee Shelley Yaun, FDEP, Tallahassee Ernie Marks, FDEP, Tallahassee Annet Forkink, FDEP, Tallahassee Kenny Hayman, FDEP, Tallahassee Tom Atkeson, FDEP, Tallahassee Inger Hansen, FDEP, West Palm Beach Eric Bush, USACOE, Jacksonville

# Florida Department of
Environmental Protection

Bob Martinez Center
2600 Blair Stone Road Tallahassee, Florida 32399-2400 Charlie Crist
Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole Secretary

"More Protection, Less Process” Printed on recycled paper. 

### EVERGLADES FOREVER ACT
CONSTRUCTION AND OPERATION AUTHORIZATION

PERMITTEE: ATTENTION: South Florida Water Management District Ms. Carol Ann Wehle
3301 Gun Club Road
P. O. Box 24680 West Palm Beach, Florida 33416-4680

Permit Number: 0126704-008-EM Date of Issue: March 17, 2009 Project: Stormwater Treatment Area 2 (STA-2) Expiration Date: March 17, 2014 County: Palm Beach

This permit is issued in accordance w ith the Everglades Forever Act (EFA ), Section 373.4592, Florida Statutes (F.S.), authorizing operation and main tenance activities for the existing com ponents of Stormwater Treatment Area 2 (STA-2) and construction of the Comp artment B Build-Out. The above named permittee is hereby authorized to
initiate the activities necessary to meet the requirements of this permit described on the application, associated drawing(s), plans, and other documents attached hereto or on file with the Department and made a part hereof . The activities authorized by this permit must be conducted in c onformance with all the provisi ons of this permit. This permit is accompanied by Administrative Order AO

- 010

- EV, which is incorporated herein by reference. Failure to comply with all permits conditions and documents referen ced herein shall constitute grounds for revocation of the permit and appropriate enforcement action.

PROJECT DESCRIPTION:
This permit authorizes the operation and maintenance of existing STA-2 facilities (Cells 1-4), and the construction of Compartment B Build-Out. STA-2 and Compartment B Build-Out are components of the Everglades Construction Project (ECP), construction, operation, and maintenance of which is required by the EFA, Section 373.4592, F.S. The STA-2 Facility (Figure 1) consists of the following: S-5A Basin Runoff Diversion Works, the S-6 Diversion Works, the STA-2 Supply Canal Works, the STA-2 Inflow Works, the STA-2 Interior Treatment Works, the STA-2 Discharge Works, the G-335 Pump Station, WCA-2A Hydropattern Restoration Works, the Okeelanta Bridge, Florida Power and Light (FPL) Facilities, Recreational Facilities, and Structural, Operational and Vegetation Enhancements. Compartment B Build-Out w ill consist of a North Build-Out Treatment Area (NBO) and a South Build-Out Treatment Area (SBO), the associated Inflow, Distribution and Outflow Works and G-444
Divide Structure.

Initial construction of this facility was previously au thorized and completed unde r Florida Department of Environmental Protection (Department) EFA Permit No. 0126704-001. This permit contains requirements to meet the WQBEL specified herein. In addition, structural, operational and vegetation enhancements have been
conducted in accordance with the October 2003 EPA Tributary Basins Long

- Term Plan for Achieving Water Quality Goals and subsequent r evisions (Long

- Term Plan, Exhibit A). These improvements and enhancements were designed to optimize performance as needed to achieve the phosphorus water quality standard. Additional
enhancements to STA

- 2 may occur as part of th e adaptive implementation pr ocess envisioned in the Long

- Term
Plan . STA-2 and Compartment B Build-Out are components of a Stormwater Management System (SMS) as defined in Subsection 373.403(10), F.S., and therefore st ate surface water quality sta ndards do not apply within STA-2 or Compartment B Build-Out pursuant to Section 373.4142, F.S.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 2 of 27

Printed on recycled paper. Operation and maintenance activities author ized by this permit involve maintain ing water levels within the existing components of STA-2 to optimize efficiency of the treatment area. Optimization of the treatment wetland is defined by its performance at removing the pollutants, particul arly phosphorus, for which the project was designed and providing regional flood c ontrol and water supply. Ot her operation and maintenance activities for the existing components of STA-2 include water qua lity and vegetation monitoring, prep aration and submittal of monitoring reports, vegetation maintenance, and maintenance of the water control structures (including project canals and levees). Discharges from the completed NBO and SBO STAs are not authorized under this permit.

Assuming normal operating conditions, the following treatment path culminates with discharges into WCA-2A. Runoff from the Chapter 298 drainage di stricts situated on the easterly shore of Lake Okeechobee (East Shore
Water Control District and Closter Farms), a portion of runoff from th e S-5A basin via the Ocean and Hillsboro canals and the S-6/S-2 basin, along with Lake Okeechobee releases intended fo r WCA-2A or meant for delivery to the Lower East Coast, are dir ected into the eastern treatment cells (Cells 1-4) of STA-2 from the S-6 Pump Station to the STA-2 Inflow Works. Seepage from the adjacent WCA-2A also enters STA-2. After introduction to STA-2,
interior structures will direct wate r into the cells where it will undergo tr eatment. Cells 1-4 were previously constructed and are operational. Treated discharges are drawn from the STA-2 Discharge works by the G-335 Pump Station and then released to the WCA-2A via the L-6 Borrow Canal and WCA-2A Hydropattern Restoration
Works. Wetlands and surface waters located within the receiving water body are Class III Waters.

The Compartment B Build-Out is a 7,570- acre irregularly shaped parcel of la nd located in southern Palm Beach County between the L-6 Borrow Canal (the northwester n boundary of WCA-2A) and the North New River Canal (NNRC). Compartment B Build-Out is designed to further improve water quality discharges to the Everglades Protection Area (EPA) and is part of the overall effort to balance flows and phosphorus loads across the STAs
located in the EAA. Treatment cells within the Build-O ut area will consist of emergent (EMG) and submerged aquatic vegetation (SAV) treatment cells. Authorized c onstruction activities associated with Compartment B BuildOut consist of the following:

The North Build-Out Area, approximately 4,380 acres in total area, includes two new treatment cells (Cells 5 and 6) that will operate in series with Cell 4 (of the existing STA-2). The NBO will provide water quality treatment for a portion of the EAA from two sources, the NNRC and the S-6 and G-328 pump stations (the existing inflow source water for STA-2). Inflow into the NBO from the NNRC will be supplied by a proposed 1,120 cfs capacity pump station to be located in the northwestern corner of the NBO. S-6 and G-328 inflows to NBO from the existing STA-2 Supply Canal shall be regulated by the existing G-337A control structure.

The South Build-Out Area is a triangular shaped parcel, approximately 3,190 acres in total area, located directly south of Cells 1-4 of the existing STA-2. The two new treatment cells in the SBO (Cells 7 and 8) will be operated independently from the NBO. Inflow into the SBO from the NN RC will be supplied by a proposed 480 cfs capacity pump station to be located in the northwestern corner of the SBO.

Treated water from the NBO and the SBO will be deliver ed into the L-6 Borrow Canal via a common 1,600 cfs capacity outflow pump station to be located just south of the existing STA-2 outflow pump station G-335. Discharges from the NBO and SBO STAs must obtain the appropriate authorizations under the existing EFA and NPDES permits prior to commencing operations.

PROJECT COMPONENTS The individual ECP components included in this project are as follows:

I. S-5A Basin Runoff Diversion Works

A portion of S-5A Basin stormwater non-process wastewater is diverted to STA-2 for treatment prior to discharge into WCA-2A. The existing S-5A basin runoff diversion works include the following features: the enlargement of the Hillsboro Canal extending southeasterly from its c onfluence with the Ocean Canal for a distance of approximately 7 miles; the enlargemen t of the Ocean Canal between its conf luence with the Hillsboro Canal and thePermittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 3 of 27

Printed on recycled paper. old S-5AX structure (removed during the construction of the diversion works); the 5.68 miles extension east from
the old S-5AX structure and the constr uction and operation of the G-341 struct ure, located on the Ocean Canal.

II. The S-6 Diversion Works The existing S-6 Diversion Works includes approximately 3,852 linear feet of canals and associated levees to convey discharges from the S-6 Pump Station to the STA- 2 Supply Canal. Two gated control structures (G-338 and G-339) are also included. The G-338 structure, single vertical lift gate, functions as a water supply and partial emergency diversion bypass system, sending flows to the Refuge and downstream areas. The G-339 structure, double vertical lift gates, functions as an emergency diversion bypass system for the remainder of flows should operation of STA-2 require the diversion bypass of flows during extreme storm events from the S-6 Pump Station to WCA-2A via the L-6 Borrow Canal. In addition, G-339 may be operated for flow recirculation from the L-6 Borrow Canal back into the STA-2 Supply Canal, to avoi d hydrological and nutrient overloading the STA, or when water conditions within STA-2 may damage existing marsh vegetation. G-339 is located at the confluence of STA-2 Supply Canal and the L-6 Borrow Canal.

III. STA-2 Supply Canal Works The existing STA-2 Supply Canal Works include the STA- 2 Supply Canal, east and west Supply Canal Levees; with associated seepage collection canal and inflow control mound beginning at G-339 and extending in a southwesterly direction parallel to and west of the exis ting Levee L-6 to the north boundary of STA-2. The supply canal connects into the inflow canal located along the northerly perimeter of STA-2. Pump Station G-328 is a privately owned and operated pump station which directs EAA discharge water into the supply canal for inflow into STA-2 for treatment along with the S-6 pump station. This pump station has a capacity of approximately 445 cfs. Pump Station G-328 can also be operated to withdraw wa ter from the STA-2 Supply Canal to meet irrigation water supply demands.

The G-337 Seepage Pump Station and remove perimeter seep age water along the north side of STA-2 and discharge into the northern inflow canal for re-circulation through the STA. The Seepage pumps at the G-434 pump station discharge collected seepage into the NBO area only. Seepage around the remainder of STA-2 will be captured in existing adjacent canals with the exception of the FPL property. Struct ure G-337A was previously modified from a seepage pump station to a control structure (refer to description below).

IV. STA-2 Inflow Works The STA-2 Inflow works will consist of three pump stations, perimeter/divide levees, inflow canals, inflow levees
and associated inflow struct ures, and spreader canals. The existing STA-2 inflow canal is being extended north and west along the top of Cells 5 and 6 from the G-337A Structure. This section of inflow canal will serve the NBO. The portion of the inflow canal that de livers water to Cell 4 will be abandoned a nd a section filled to re-direct flows to the north. A separate inflow canal will be constructed to serve the SBO.

For STA-2 Cells 1 through 3, flows are directed from the northern inflow canal into Treatment Cell 1 via G-329A-D gated control structures, into Treatment Cell 2 via G-331A-G gated control structures and into Treatment Cell 3 via G-333A-E gated control structures. Gated control structur e G-337A currently allows direction of flows to Cell 4, however with the completion of the Compartment B Build-Out project, G-337A will provide operational flexibility for the direction of S-6 and G-328 inflow water into Cells 5 and 6, or isolation of flow within the Inflow Canal. This structure will either be opened to deliver flows to the NBO or closed to deliver flows to Cells 1 through 3. In either operational scenario water will be supplied from the eastern pump stations S-6 and G-328 or seepage pump
station G-377.

Other inflows to the NBO will be dir ected from the NNRC to the northern inflow canal us ing pump station G-434. From the inflow canal, structures G-438A -E will direct flows to Cell 5 and G-438F -J will direct flows to Cell 6.
Inflows will be directed into Treatment Cell 4 via G-367 A- F gated control structures af ter treatment through Cells 5
and 6. All inflow structures for Cells 4-6 are 72” gated culverts. During high flow operations, additional structures, G-443A and B will provide inflows to Cell 4 via Ce lls 5 and 6 respectively. Both structures are a single 8’x 8’ gated box culvert. Gated control structure G-337A may also deliver water to the NBO treatment cells.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 4 of 27

Printed on recycled paper. For the SBO, inflows will be direct ed from the NNRC through the G-439 struct ure and into the SBO inflow canal using pump station G-435. From the in flow canal, six 60” gated culverts, G- 440A-F, will direct flows south into
Cell 7. Inflow to Cell 8 will be directed through three 8’x8’ un-gated box culverts, G-442A-C, located under the
FPL access road.

V. STA-2 Interior Treatment Works

The existing eastern STA-2 interior treatment works are divided into three parallel treatment cells (Cells 1-3) through interior levees and water control structures. Cell 4 interior treatment wo rks, completed as part of the initial expansion of STA-2, operate in conjunction with Cells 1-3. Flows pass through the treatment cells from north to south and are directed into the STA-2 discharge canal situated along the south boundary of Cell 1. Cell 1 consists of approximately 1,798 acres of effective treatment area, Cell 2 approximately 2,270 acres, Cell 3 approximately 2,270 acres and Cell 4 has approximately 1,900 acres. Upon completion of the NBO, Ce ll 4 will work in concert
with the NBO.

For the NBO interior treatment works, Treatment Cells 5 and 6 will be separated by a divider levee with flows passing through the treatments cells from north to south. Bo th cells will flow into Ce ll 4 for additional treatment prior to discharge into to the outflow canal. The eastern levee of the NNRC, which will serve as the western levee for Cell 4 and Cell 5, will be raised in some sections to meet design requirements. Cell 5 has an effective treatment area of 2,096 acres, including 574 acres of emergent vegetation, and Cell 6 has an effective treatment area of 1,786 acres, including 489 acres of emergent vegetation.

For the SBO interior treatment works, Treatment Cells 7 and 8 will be separated by the FPL access road which will be raised to create a divider levee. Flows will pass th rough the Cell 7 from north to south and then through Cell 8 from south to north for additional treatment prior to discharging into to the NBO/SBO outflow canal. The eastern levee of the NNRC, which will serve as the western levee for Cell 7, will be raised in some sections to meet design requirements. Cell 7 will be managed for an effective treatment area of approximately 1,525 acres of emergent vegetation and Cell 8 will have approximate ly 1,410 acres of SAV treatment area.

VI. STA-2 Discharge Works
Cells 1-3 of STA-2 collect treated water at the southern end of each treatment cell and pass it through a series of outflow control structures (Cell 1 outflow structures G-330 A-E, Cell 2 outflow structure G-332 and Cell 3 outflow structure G-334). The discharge canal for Cells 1-3 is located along the south side of Cell 1. Water collected in the discharge canal is pumped into the L-6 Borrow Canal by the G-335 Pump Station. Operation of Cells 1-4 of STA-2 shall continue to discharge under th e existing operational authorization.

For the NBO, Cell 5 and 6 will discharge through Cell 4 inflow structures, G-367A-F and G-443A and B after degradation of the existing Cell 4 north levee. Cell 4 outflow structure, G-368A-D, connects the NBO to the NBO/SBO discharge canal. Structures G-368A-D consists of four gated culverts that serve as the outflow control structures for treatment Cell 4. Each culvert has a 140-ft long 8-ft x 8-ft concrete box culvert with a 96”x 96” slide gate in the center of the culvert alignment, and flared end sections. These structures convey water from a collector
canal that runs across the south end of Cell 4 and into the NBO/SBO discharge canal. This discharge canal from Cell 4, which is currently connected to the G-335 Pump Station, will be re -aligned to parallel the existing STA-2 discharge canal and connect to the new G-436 Pump Station for release to the L-6 Borrow Canal. Operation of the Cells 5-6, in combination with the ex isting Cell 4, will require a separate authorization for ope rations under this permit.

For the SBO, Cell 7 will discharge through the Cell 8 in flow structures, G-442A-C, with the Cell 8 outflow structure, G-441A and B, connecting to the NBO/SBO discharge canal. Struct ures G-441A and B each consists of a single 8-ft x 8-ft gated box culvert. These two structures will convey water from a collector canal located along the north end of Cell 8 and into the NBO/SBO discharge canal. Water collected in the discharge canal will be pumped into the L-6 Borrow Canal by the G-436 Pump Station. Op eration of the Cell 7 & 8 configuration described above will require a separate authorizati on for operations under this permit.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 5 of 27

Printed on recycled paper. VII. G-335 Outflow Pump Station The existing outflow Pump Station G-335 draws treated water from the STA-2 discharge canal and releases it to the existing WCA-2A Hydropattern Restoration Works via the L-6 Borrow Canal. This pump station is located in the
southeastern corner of Cell 1 and serves Cells 1-4. Until the NBO is complete, G-335 will continue to serve Cell 4. G-335 pump station includes two 100 cfs pumps, two 470 cfs pumps and two 950 cfs pumps (3,040 cfs total discharge rate) a pump station enclosure, and a connection canal leading to the L-6 Borrow Canal. Discharges from this pump station normally flow northeast and southwes t along the L-6 Borrow Canal and are conveyed into WCA2A via the existing Hydropattern Restoration Works.

VIII. G-434 Inflow Pump Station Inflow Pump Station G-434 will draw water from the NNRC and discharge it into the northern inflow canal for delivery to Cells 5 and 6. This pump station will be locat ed in the northwestern corner of Cell 5 and will serve the NBO treatment cells (Cells 4, 5 and 6). G-434 pump station includes two 460 cfs pumps and two 100 cfs pumps (1,120 cfs total inflow rate), three 100 cfs seepage pumps, a pump station enclosure and an intake canal. Four 8-ft x 8-ft un-gated box culverts, G-437A-D, will be constructed in the intake canal to G-434 for continuation of levee access along the NNRC.

IX. G-435 Inflow Pump Station Inflow Pump Station G-435 will draw water from the NNRC and discharge it into the s outhern inflow canal for delivery to Cell 7. This pump station will be located in the northwestern corner of Cell 7 and will serve the SBO treatment cells (Cells 7 and 8). G-435 pump station includes three 160 cfs pumps (480 cfs total inflow rate), a pump
station enclosure and an intake canal. Three 8-ft x 8-ft un-gated box culverts , G-439A-C, will be constructed in the
intake canal to G-435 for continuati on of levee access along the NNRC.

X. G-436 Outflow Pump Station Outflow Pump Station G-436 will discharge treated wate r from the NBO/SBO into the L-6 Borrow Canal. This pump station will be located in the northeastern corner of Cell 8 and will serve all of the NBO and SBO treatment cells. G-436 pump station includes three 533 cfs pumps and two 100 cfs pumps (1,800 cfs total discharge rate), a pump station enclosure, and a connection canal leading to the L-6 Borrow Canal. Discharges from this pump station will normally flow northeast and southwest along the L-6 Bo rrow Canal and will be conveyed into WCA-2A via the Hydropattern Restoration Works.

XI. Okeelanta Bridge The Okeelanta Bridge, located near the SBO Inflow Pump Station G-435, will provide access to STA-2 from US 27. This bridge provides two 12-ft. lanes with paved shoulders and traffic barriers. Once construction of the bridge is completed, future public access to STA-2 for recr eational purposes will exist via this new bridge.

XII. WCA 2A Hydropattern Restoration Works The existing works consist of six existing box culverts , G-336A-F (approximately 300 cfs each) located along the northern edge of WCA-2A, and an existing 3,400-foot degraded section (gap) in the L-6 Borrow Canal Levee located immediately north of the S-7 Pump Station. The six box culverts and the levee gap convey water into previously impacted areas of WCA-2A . Flow through the box culverts and th e levee gap will be delivered from the G-335 and G-436 Pump Station.

An existing divide structur e, G-336G, will be removed and a new struct ure, G-444, constructed in the L-6 Borrow Canal south of the G-335 and G-436 Pump Stations. This structure will consis t of a double roller gated structure to control stage and flow between the north and south sections of the L-6 Borrow Canal. The L-6 Borrow Canal/Levee
will be modified in accordan ce with Specific Condition 4 to provide add itional conveyance for discharges from the G-436 Pump Station.

XIII. FPL Facilities A Seepage Pump Station, G-445, with a capacity of 26 cfs will be constructed within Ce ll 8 of the SBO to control water levels within the FPL property (switching station parcel). Miscellaneous improvements to the access roads serving the transmission towers will be required within the SBO due to increased water levels with the STA.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 6 of 27

Printed on recycled paper. XIV. Recreational Facilities In fulfillment of the public access and recreation require ments of the EFA Subsection 373.4592 (4)(a) F.S., and as
further described in Subsec tion 373.1391(1)(a) F.S. and (b), recreationa l facilities are proposed at STA-2. The proposed recreational facilities shall be designed to ensure compatibility with the restoration goals of the ECP and the water quality and hydrologi cal purposes of the STAs. The proposed STA-2 facilities will ultimately include a parking lot along the east side of U.S. Highway 27; an information kiosk and composting toilet; a canoe launching site for access to canals and deepwater areas outside the tr eatment footprint of the ST A; pedestrian gates; and signage and fencing as needed to de fine public access areas and to protect sensitive equipment and landscaping.

XV. Structural, Operational a nd Vegetation Enhancements In accordance with the EFA, the District is conducting st ructural, operational and vege tation enhancements to STA2 designed to achieve compliance with state water quality standards . These are described in detail in the Long

Term Plan, and are summarized below:

• Construction of approximately 2 miles of interior levee and additional water control structures with telemetric control subdividing Cell 1 into Cells 1A and B, and Cell 2 into Cells 2A and 2B

• One small forward-pumping station along the new interior Cell 2 levee to permit withdrawal from upstream emergent marsh cell to maintain stages in the downstream SAV cell

• Emergent vegetation in the downstream portions of Ce lls 1 and 2 will be converted to SAV. Herbicide
treatment of Cells 1B and 2B for removal of emer gent macrophyte vegetation to permit development of SAV will be applied

LOCATION:

STA-2 is located within the following prope rty descriptions in Palm Beach County:

• S-5A Basin Diversion. The enlargement of the Ocean Canal (also known as Cr oss Canal, Cross Cut Canal and Levee 13) from the G-340 Structure east to the G-341 Basin Divide structure occurred on the north side of the existing canal within the District’s right-of-way. The enla rgement of the O cean Canal from the
G-340 Structure south to its confluence with the H illsboro Canal occurred on the northwest side of the existing canal within the District’s right-of-way. The Ocean Canal is lo cated in Sections 4, 5, and 6, Township 44 South, Range 39 East, Hiatus lots 4, 5, and 6 between Townships 43 and 44 South, Range 39 East, Sections 1, 2, 3, 4, 5, 7, 8, 17, and 18, Township 44 South, Range 38 East, and Hiatus lots 1, 2, 3, and 4 between Townships 43 and 44 South, Range 38 East

The enlargement of the Hillsboro Canal (also known as Levee 15) begins at its confluence with the Ocean Canal and extends southeast a total distance of approximately 34,800 feet and occurred on the northeastern side of the existing canal within the District’s right-of-way. The Hillsboro Canal is located in Sections 17, 18, 20, 28, 29, 33, and 34, Township 44 South, Range 38 East, and Sections 2, 3, 4, 10, 11, 13, and 14, Township 45 South, Range 38 East

• S-6 Diversion Works. A strip of land approximately 400 feet in width extending through a portion of Sections 3 and 4 of Township 46 South, Range 39 East

• STA-2 Supply Canal Works. A strip of land 1,015 feet in width extending throughout Sections 8, 9, 16, 17, 19 and 20, Township 46 South, Range 39 East

• STA-2 Interior Works . This includes the Inflow Works, Interi or Treatment Works, Discharge Works, FPL and Recreational Facilities and Pump Station G- 335, G434, G-435 and G-436 are located within the following: Sections 19, 20, 21, 25, 26, 27, 28, 29, 30, the western portion of 31, 32, 33, 34, 35, and 36 (less the southeast corner), Township 46 South, Range 38 East; a western portion of Section 30, the far northwestern tip of Section 31, Township 46 South, Range 39 East; the northwest corner of Sections 1, 11, 14 and 22, all of Sections 2, 3, 4 5, 9 and 10, the nor theast corner of Sections 6, 8, 17, and 21, Section 16Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 7 of 27

Printed on recycled paper. (less the southwest corner) and Section 15 (less the s outheast corner), Township 47 South, Range 38 East; the northeast corner of Section 23, Section 24 (less the southwest corner), the northeast portion of Section 25 and the northeast corner or Section 36, Township 46 South, Range 37 East a nd Section Government Lot 5, Township 43.5, Range 40 East.

• Okeelanta Bridge. Within the NNRC right-of-way in Section 8, Township 47 South, Range 38 East.

• Water Conservation Area 2A (WCA 2A) Hydropattern Restoration. A strip of land approximately 490 feet in width extending through Sections 4 and 9, Township 46 South, Range 39 East; Sections 17, 20, 30 and 31, Township 46 South, Range 39 East; Sec tion 36, Township 46 South, Range 38 East; and Sections 1, 2,11, 14, 15 and 22, Township 47 South, Range 38 East.

GENERAL CONDITIONS: In accordance with Subsection 373.4592(9)(g), F.S., this pe rmit may include any standa rd conditions provided by Department rule which are appropriate and consistent with the EFA.

1. Enforcement. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to Sections 373.129, 403.141, 403.727, 403.859 through 403.861, F.S. The permittee is placed on notice that th e Department will review th is permit periodically and may initiate enforcement action for any violation of these conditions.

2. Scope of permit. This permit is valid only for the specific pr ocesses and operations applied for and indicated in the approved drawings or exhibits requirements of this permit . Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions requirements of this permit may constitute grounds for revocation and enforcement action by the Department.

3. Limitation of rights. The issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regula tions. This permit is not a waiver of or approval of any other Department permit that may be re quired for other aspects of the STA-2 project which are not addressed in this permit. However, this permit is in lieu of other permits under Part IV of Chapter 373, F.S., pursuant to Subsection 373.4592(9)(c), F.S.

4. Limitations upon title. This permit conveys no title to land or wa ter, does not constitute State recognition or acknowledgment of title, and does not constitute authority fo r the use of submerged la nds unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may expr ess State opinion as to title.

5. Liability. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department . The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, ma intenance, removal, abandonment or use of any system authorized by the permit.

6. Operation and maintenance responsibilities. The permittee shall properly operate and maintain the STA and systems of treatment and control (and re lated appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar sy stems when necessary to ach ieve compliance with the conditions of the permit and when required by Department rules.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 8 of 27

Printed on recycled paper. 7. Access Rights. The permittee, by accepting this permit, specifi cally agrees to allow authorized Department personnel, upon presentation of credentials or other documen ts as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted for the following purposes:

1. Access to, and the right to, copy any records th at must be kept under conditions of the permit

2. Inspection of the facility, equipment, practices, or operations regulated or re quired under this permit

3. Sampling or monitoring of any substances or paramete rs at any location reasonably necessary to assure compliance with this permit or Department rules

4. Reasonable time may depend on the nature of the concern being investigated.

8. Noncompliance. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information:

1. A description of and cause of noncompliance

2. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps bei ng taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be respons ible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit

9. Records as evidence. In accepting this permit, the permittee unders tands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Depart ment as evidence in any en forcement case involving the permitted source arising under the Florida Statutes or Department rules, excep t where such use is prescribed by Sections 403.111, F.S. and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

10. Changes in Law. The permittee agrees to comply with changes in applicable Department rules and applicable Florida Statutes after a reasonable time for complian ce; provided, however, the permittee does not waive any other rights granted by Florida law. However, this section cannot be used as a basis to extend the time to comply with the permit’s total phosphorus WQBEL.

11. Transferability. This permit is transferable only upon Depa rtment approval in accordance with Rules 62- 4.120 and 62-343.130, F.A.C., as applicable. The permittee shall be liable for any non- compliance of the permitted activity until the transfer is approved by the Department.

12. Permit at Work Site. This permit or a copy thereof shall be kept at the work site of the permitted activity. For the purposes of this permit the work site shall be de fined as the South Florida Water Management District Headquarters located at 3301 Gun Club Road in West Palm Beach, Florida.

13. Records Retention. The permittee shall comply with the following:

A. Upon request, the permittee shall furnish all records and plans required under Depa rtment rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department

B. The permittee shall hold at the STA or other location designated by this permit records of all monitoring information required by the permit, copies of all reports re quired by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least five years from the date of the sample, measurement, report, and application unless otherwise specified by Department rule

C. Records of monitoring information shall include the following:Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 9 of 27

Printed on recycled paper. 1. The date, exact place, and time of sampling or measurements
2. The person responsible for performing the sampling or measurements
3. The dates analyses were performed or the appropr iate code as required by Chapter 62.160 F.A.C.
4. The person responsible for performing the analyses
5. The analytical techniques or methods used, including but not limited to MDL (Method Detection Limit)
6. The results of such analyses, including identification of potential outlier values

14. Requests for Information. When requested by the Department, th e permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or inform ation shall be corrected promptly.

15. External Agency Requirements . Should any other regulatory agen cy require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that a
determination can be made whether a permit modification is required.

16. Sovereign Lands . The permittee is hereby advised that Flor ida law states: No person shall commence any excavation, construction, or other activity involving the use of sovere ign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, until such person has recei ved from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easemen t, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaini ng any necessary authorizations from the Board of Trustees prior to commencing activity on soverei gnty lands or other state-owned lands.

17. Artifacts. If historic or archaeological artifacts such as, but not limited to, Indian canoes, arrow heads, pottery or physical remains, are discovered at any time on the project site, the permittee shall immediately stop all activities which disturb the soil and notify the Department and the State Historic Preservation Officer.

SPECIFIC CONDITIONS:

1. Addresses. Reports and notices submitted to the Department in accordance with this permit, unless otherwise specified, shall be submitted to the Department’s Division of Environmental Assessment and Restoration, Restoration Planning and Pe rmitting Section, 2600 Blair Stone Road, MS 3560, Tallahassee, Florida, 32399-2400, telephone no. (850) 245-8346 and to the Department’s South east District Office, Water Resource Management and Environmental Planning, 400 North C ongress Avenue, Suite 200, West Palm Beach, Florida 33401, telephone no. (561) 681-6600. Electronic copies of reports and no tices required by this permit shall be sent to RPPS_Comp@dep.state.fl.us.

2. Related Permits. The Department and the permittee acknowledge the issuance of other permits related to STA2. STA-2 previously operate d under EFA Permit No. 00126704-005 and porti ons of the facility currently operate under NPDES Permit No. FL0177946-003-IW7A. Additi onal related permits include Department Permit No. 0289306 which authorizes temporary de watering activities associated with the STAs and Non-ECP structures, and the U.S. Army Corps of Engineers 404 Permit No. 199404532. An additional authorization by the U.S. Army Corps of Engineers is anticipated to be issued subsequent to the completion of the Compartment B and C Environmental Impact Statement. This STA-2 EFA perm it, upon issuance, shall supersede and replace the former STA-2 EFA Permits issued by the Department.

3. Public Use. The recreational facilities located within the ST A-2 Project shall be maintained to ensure compatibility with the restoration goals of the ECP and the water quality and hydrological purposes of the STAs. This permit does not absolve the permitt ee from the responsibility of obtaining othe r permits (federal, state, or local) which may be required for the activities occurring at these sites.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 10 of 27

Printed on recycled paper. Conditions for Construction, Operation and Maintenance

4. L-6 Levee/Canal Conveyance Improvements. Within 180 days of permit issuance, the District shall submit 60% design drawings and related information regard ing the proposed improvement of the existing STA-2 conveyance features into WCA-2A for Department review and approval. Prior to any conveyance improvement activities commencing, 90% plans for the proposed conveya nce modifications shall be submitted and approved by the Department. The information to be submitted to the Department shall include, at a minimum, the following:

1. L-6 Canal conveyance improvements.

2. Alternate proposed location of the G-444 Divide Structure.

3. Modifications to the existing conveyance area bounded by the G-336A-F structures.

4. Proposed location(s) of material to be dredged/excav ated as a result of the proposed activities (including temporary storage locations).

5. Copies of all real estate authorizations (i.e., right-o f-way(s), leases, easements, or other legal agreements that authorize the applicant to perform the proposed activities)

6. Information describing the employment of erosion c ontrols (Best Management Practices) necessary to prohibit the transport of sediment into downstream receiving waters.

7. Supporting information on how the proposed activities sh all aid in achieving the design objectives of the Everglades Construction Project.

Prior to any of the proposed conveyance modifications commencing, the District shall submit all necessary authorizations from the U. S. Fish and Wildlife Service to the Department.

5. Project Construction. The permittee shall ensure that Compartment B Build-Out components are constructed consistent with the design documents. During any constr uction and modification of Compartment B and associated works, the permittee shall take all reasonable precautions to minimize the suspension a nd transport of soils, levee materials, and roadway materials into waters adjacent to or downstream of th e construction site. In addition, during construction, the permittee shall perform turbidity monitoring in accordance with Specific Condition 24.

6. Project Operation and Maintenance. The permittee shall operate and maintain STA-2 consistent with the design documents, as may be modified and reflected on the record drawings, operations criteria, and operation plan required by Specific Condition 11. Treatment cells existing at the time of permit issuance (STA 2-1, 2-2, 2-3 and 2- 4) are authorized to maintain existing operation. Operation of the NBO individual components of Compartment B Build-Out (including Cell 4 on ce hydrologically connected to Cells 5 and 6) and SBO components of the facility are not authorized under this permit.

7. As-Built Certification and Record Drawings. Within 60 days following substantial completion of any construction contract for STA-2, including the modification of treatment cells or structures, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law. Construction is considered complete when the associated construction contract is completed and closed out. The statement of completion a nd certification shall be based on on-site observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that STA-2 and/or Compartment B are ready for final inspection. Additionally , if deviation from the approved drawings is discovered during the certification process, the cer tification must be accompanied by a c opy of the approved permit drawings with deviations noted. Both the original and revised specifi cations must be clearly shown. The plans must be clearly labeled as “as-built” or “record” drawing. All surveyed di mensions and elevations shall be certified by a registered

surveyor.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 11 of 27

Printed on recycled paper. 8. Contaminated Sites and Residual Agrichemicals. The Permittee shall address all contaminated sites within the project footprint in accord ance with all applicable Department stat utes and rules including but not limited to Chapters 62-770, 62-780, and 62-785, F.A.C. The Permittee sh all address any agricultural chemical residuals in the project footprint in accordance with the “ Protocol For Assessment, Remediation And Post-Remediation Monitoring For Environmental Contaminants On Everglades Restoration Projects ” (Protocol) dated March 14, 2008 so that risk to the environment is minimized based upon the projected use of the property. Regardless of any remedial action plan, the Chapter 62-777, F.A.C. cleanup target levels, or the Protocol, the Permittee shall address all contamination within the project footprint, to minimize to the maximum extent practicable any detrimental impacts to Threatened or Endangered species. As a corrective action, the Department may require limitations on property access or use as part of the Permittee’s Land Management Plan for the project ar ea. All corrective actions must be completed prior to initial operation or use of the project. Documentation of completion of corrective actions must be submitted to the Department no later than 90 days prior to the initial operation or use of the completed project, unless the Department approves an alternative schedule. The Permittee shall secure written concurrence from the Department that the corrective actions have been completed based upon applicable protocols and the projected land use, prior to initial operation of the completed project. If contamination is discovered after initial operations, the Permittee shall send to the Department at the address listed in Specific Condition No. 1 an assessment and remedial action plan for Department approval. Upon the Depart ment’s approval, the Permittee shall implement the assessment and remedial action plan and provide quarterly reports to the Department on the pr ogress of the remediation until the cleanup is completed to the Department’s satisfaction.

9. Vegetation and Operational Enhancements . Vegetation and operational enhan cements shall be implemented to optimize performance as needed to achieve th is permit’s total phosphorus WQBEL e phosphorus criterion in the

EPA . Vegetation and operational enhancemen ts shall be coordinated with the Department to determine whether a modification to the permit is required.

10. Pump Station Maintenance. Maintenance requirements for the pump stations include operation of the pumps for approximately 2 to 4 hours per month, as necessary, to maintain their mechan ical integrity. Th erefore, temporary operation of the pump stations for maintenance purposes is a llowed and is not subject to the discharge criteria of the specific conditions of this permit. However, the permittee shall document all such temporary maintenance operations, and shall include all such di scharge flows and loads as a part of the monitoring requirements of this permit.

11. STA Operation Plan and Modifications. Upon completion of and compliance with the scheduled Long

- Term
Plan the requirements specified herein improvements and enhancements herein and within 90 days of the completion of the Compartment B Build-Out or any additional Long

- Term Plan improvements and enhancements

, the permittee shall submit to the Department, at the addre sses listed in Specific Condition 1, an updated Operations Plan for the STA-2 facility, as applicable, subject to modification under the c onditions set forth below.

If at any time changes to the STA-2 Operations Plan are warranted to optimize facility operation, and upon verification of data to be supplied by the permittee that justifies the need for such modification, the Operations Plan may be modified as mutually agreed upon by the Departme nt and the permittee. The Operations Plan shall also include the information described in A-G, below.

A. Minimum Water Level Targets to Avoid Dryout . In accordance with the rele vant design documents, the permittee shall, to the maximum extent practicable, maintain a minimum static water level of 0.5 feet above the average ground elevation of the treatment cells to avoid dryout of the treatment cells, subject to available water from the upstream watershed.

B. Responding to Dryout Conditions . The permittee shall evaluate and correct potential adverse dryout effects on the water quality performance of STA-2. If the compliance requirements in this permit are not met due to dryout conditions, then the permittee shall propose modifications to the Operations Plan and Monitoring Plan as appropriate and submit the revised plan(s ) to the Department for review and approval.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 12 of 27

Printed on recycled paper. C. Maximum Water Level Targets . The permittee shall ensure, to th e maximum extent practicable, that maximum water depths of 4.0 feet above the averag e ground elevation of the treatment cells will not be exceeded in order to avoid long-term damage to the treatment vegetation and prot ection of project levees.

D. Operational Envelope . The permittee shall ensure to the maxi mum extent practicable that authorized operation of the existing components of the facility do not exceed the operational e nvelope for STA-2 (this permit does not authorize operations for Compartment B Build-Out), as set forth in the existing STA-2 Operations Plan.

E. Phosphorus Uptake Optimization . Operations shall be conducted to distribute the flows and water levels within STA-2 to optimize the phosphorus reduction perform ance and shall be updated as necessary to include the results of the permittee’s Process Development and Engineering (PDE) program being implemented as a part of the Long

- Term Plan

.

F. Operations Plan Modifications . The STA-2 Operations Plan should be reviewed and may be revised as appropriate based on operational experi ence, research results, downstream monitoring and upstream levels of
service.

G. Hydropattern Restoration . STA-2 shall be operated in such a manner as to be consistent with the activities proposed to restore the hydr opattern of the EPA, as describe d in Specific Condition 12 below.

Under emergency conditions that threaten the safety of life, property, or the STA-2 facility, the permittee may modify the operations of STA-2 and immediately employ any remedial means to protect life and property in accordance with the emergency provisions of Chapter 373, F.S. The permittee shall notify the De partment within 48 hours of such occurrence and shall provide data justifyi ng the need to employ the emergency modifications to operations of STA-2.

12. Hydropattern Restoration. In accordance with Subsection 373.4592(4)(b ), F.S., the permittee shall operate the STAs in order to improve and restore the Everglades wate r supply and hydroperiod. Th e permittee shall operate the ECP to provide additional increased flow to the EPA thr ough the modification of historical operational practices for regulatory releases from Lake Okeechobee and the Water Conservation Areas. The STAs shall be operated to achieve the goal of providing additional flows to the EPA and shall, to the maximum extent practicable, be
coordinated with and consistent with the Lower East Coast Water Supply Plan, the Lake Okeechobee and Water Conservation Area Regulation Schedules, Comprehensive Everglades Restoration Plan (CERP), and the entitlement
of the Seminole Tribe of Florida to surface water withdrawals under the Wa ter Rights Compact (P.L. 100-228).

13. Implementation of Source Control Programs.

A. Implementation. The permittee shall continue to implem ent source control programs in each of the contributing basins in accordance with the Long

- Term Plan, Chapter 40E-63, F.A.C., and other applicable programs. Basins that do not presently include source control programs shall be monitored to determine if such programs are necessary in the event that phosphorus loads to the facility from these basins limit the facility’s ability to achieve the WQBEL permit effluent limit.

B. Performance. On an annual basis, the permittee shall eval uate the performance of source controls in the contributing basins and include the findings in the annual report required in Specific Condition 28 7 . The report shall include phosphorus loads from the basins and shall describe trends and compare current loads to those determined necessary to achieve the WQBEL permit effluent limit

. C. Improvements. If the WQBEL permit effluent limit is not achieved and if the assumed inflow concentration used to develop the Amended Determination remedy inflow loads determined necessary to achieve
the permit effluent limit are is exceeded, the permittee shall submit a report explaining the causes(s) for the
excessive concentration and schedules and strategies for source contro l improvements necessary to achieve the WQBEL permit effluent limit in the annual report.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 13 of 27

Printed on recycled paper. 14. Minimization of Wetland Impacts. In accordance with Subsection 373.4592(9) (e)3, F.S., of the EFA, the permittee shall provide reasonable assurances that any wetland impacts associated with STA-2 activities will be minimized to the maximum extent practicable and consistent with the documents on file with the Department.

15. Water Quantity and Flooding Impacts. The permittee shall be responsible for ensuring that STA-2 is operated so as not to adversely affect adjacent lands with regards to flooding impacts and water supply needs of the region. The permittee shall hold and save the Department harmless for any and all damages, claims, or liabilities, which may arise from water quantity and/or flooding imp acts resulting from the constr uction and operation of STA2.

Phosphorus Conditions

16. Phosphorus Standard. Pursuant to Subsection 373.4592(4)) (e)2, F. S., the Department adopted a 10 parts per billion (ppb) numeric criterion for phosphorus in the EPA, which was approved by the Un ited States Environmental Protection Agency (EPA) on January 24, 2005. The compliance methodology for determining achievement of the phosphorus numeric criterion was revised and adopted by th e Department on May 5, 2005, and the revised rule (62- 302.540 F.A.C.) was approved by the U.S. EPA on July 27, 2005. Achievement of the criterion shall be determined through the WQBEL limitation set forth in Table 1 below.

17. Start-Up Phase. During the initial Start-Up Phase of a new cell or new flow-way, the permittee shall monitor phosphorus concentrations within the facility to demonstrate that the pr oject is achieving a net reduction in phosphorus. Portions of STA-2 may opera te independently of each other. Under those circumstances, Start-Up Phase operation and monitoring within a new cell or flow way shall be performed as follows:

A. Establishment of Marsh Vegetation. The permittee shall manage water depths in the treatment cells to
facilitate the recruitment of marsh vegetation in accordance with the Op erations Plan, which may include recirculating waters within the STA.

B. Start-Up Monitoring. On a weekly basis, the permittee shall monitor total phosphorus at the upstream side of inflow structure(s). Total phosphorus shall also be monitored on a weekly basis on the upstream side of the
outflow structures.

C. Phosphorus Start-Up Test. The Phosphorus Start-Up Test for an individual flow-way or cell is based on when the above samples demonstrate, over a four-week period, a net reduction in phosphorus occurs. This net reduction shall be deemed to occur when the 4-week geometric mean total phosphorus water column concentration from samples collected at the applicable outflow structures is less than the 4-week geometric mean total phosphorus water column concentration coll ected at the applicable inflow structure(s).

D. Discharge Operations. Discharge operations, from an individual flow-way or cell that has passed the Phosphorus Start-Up Test describe d above, may commence once Initial Star t-Up Phase documentation and all supporting data and analyses are submitte d to the Department via regular or electronic mail. For flow-ways that have not met these tests within six months after issuance of the permit, the permittee shall submit status updates regarding progress toward and identifying strategies and timelines to achieve this test.

E. Initiation of Individual Flow-way (Stabilization and Routine Operation) Discharges and Monitoring. Once flow-through discharges from a flow-way begin, the permittee sh all initiate routine water quality monitoring for that flow-way consistent with the monitoring program described in this permit.

18. Stabilization Phase. (Flow

- through Operations)

– An STA enters the Stabilization Phase after each of three antecedent conditions: (1) once flow

- through operations begin following the initial start

- up of a new treatment cell; (2) when a treatment cell is undergoing implementation of the Long

- Term Plan enhanceme nts that may have adverse impacts on STA performance, or (3) when a treatme nt cell undergoing recovery activities associated with a major event that compromises the stru ctural integrity or performance of th e STA. During the Stabilization Phase
the treatme nt vegetation will be maturing and the STA performance will generally be improving toward achievingPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 14 of 27

Printed on recycled paper. the permit effluent limitation. However, the overall performance of the STA is extremely difficult to evaluate and predict. It is anticipated that the tre atment vegetation will require one to three years after flow

- through operations begin for the affected cells to continue to improve toward achieving the permit effluent limit. During the stabilization phase, the effluent limitation shall apply. Once the f acility achieves the effluent limitation, it shall enter the Routine Operations Phase. During the Stabilization Phase, exceed ance of the effluent limitation is anticipated; however, the STA shall be deemed in compliance as long as the actions described in this condition and all other applicable permit conditions are met.

If a flow

- way is determined to be incapable of operating or performing effectively as a result of the impacts caused by one or more of the above mentioned circumstances, within 60 days th e District shall submit strategies and timelines identified as being the most effective in restoring the impacted flow

- way(s) and achieving the permit effluent limit. The District’s strategies and timelines shall include, at a minimum, the following:

1. Identify the cause of the incident which resulted in the facility not achieving the effluent limitation;
2. A statement that the facility was being properly operated at the time of the incident;
3. The period of the anticipated stabilization phase; and,
4. Any remedial steps employed to ensure that the stabilization period will be as minimal as possible..

The timely submittal and implementation of these strategies and timelines in conjunction with the Department’s review and approval of such submittals and compliance with all other applicable conditions set forth in this permit shall constitute compliance.

In addition to the reporting associated with this conditi on and as part of the annual reporting requirements of the permit, the District shall provi de an assessment of the facility and the steps being taken to meet the permit effluent limit. As part of the first annual report following any adve rse impact to the facility, and each subsequent year until the facility achieves the permit effluent limit, t he 12 month rolling flow

- weighted mean TP concentration of the
STA outflow shall be assessed as to whether there is a tre nd in improvement of performance relative to prior years. If the trend analysis that is applied to this data indicates that there is n ot a trend in improvement of performance, the permittee shall report as to the causes behind the lack of performance improvement. If during a subsequent annual report the trend analysis applied to these data indicate that there is not a trend in improveme nt of performance after
the affected flow

- way has been in flow

- through operation for 24 months, the annual report shall include any remedial measures necessary to achieve improved facility performance by the end of next year, and shall provide an
estimate of when the permit effluent limit shall be achieved.

19 18. Routine Operations Phase. During the Routine Operations Phase, di scharges from the STA shall meet the WQBEL permit effluent limitations set forth in Table 1 below.

19. Operational Envelope. As a part of the annual reporti ng requirements in Specific Condition 27 8 , the District shall provide an annual assessment as to whether the existing components of the STA-2 facility are operating within or outside the operational envelope. The assessment sha ll be based on annual inflow volumes and phosphorus loads and shall compare flows and loads to the corresponding ma ximum values contained in the operational envelope described in the current STA-2 Oper ations Plans. If the annual inflow volumes or phosphorus loads exceed the corresponding maximum values of the ope rational envelope during an annual compliance period, the District shall conduct a review of potential causes and include this revi ew in the annual report. The review shall include a comparison of the relationships between rainfall, runoff, and phosphorus loads from the compliance year with historical data. Departmental concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply releases that would result in an exceedance of the maximum levels of flow or phosphorus loads contained in the operational envelope.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 15 of 27

Printed on recycled paper. Factors Impacting Compliance

21 20. Factors Outside the Permittee’s Control. In the event that non-compliance or failure to achieve the WQBEL performance obje ctives results for any of the reasons other than those below, the permittee shall take appropriate remedial measures.

A. Anomalous Rainfall. Compliance with the effluent limitation shall not be tested in water years when the
rainfall in the source basins fall outside the range of values that occurred during the period of model simulation if sufficient supplemental flows are not available to maintain wet conditions in STA

- 2. A joint field inspection between the Department and the District will be undertak en to verify if the facility has resulted in dryout conditions that would impact complia nce. In these instances, results fro m adjacent years will be treated as consecutive for purposes of testing compliance. The Department may make similar adjustments wher e emergency discharges occur.

B. Random Variation. The permittee shall report any statistical uncertainty in the methodology using acceptable scientific methods.

C A . Other Factors . Unavoidable legal barriers or restraints, including those arising from actions or regulations not under th e control of the permittee (e.g. La ke Okeechobee Regulation Schedule).

B. Emergency Conditions. Discharges from STA-2 outflow structures or diversion bypass of waters through the G-339 and G-338 structures, as define d in the project description, sha ll be allowed in accordance with the emergency provisions of Chapter 373, F.S., or when water conditions within STA-2 may damage existing marsh vegetation. When a diversion bypass event or series of proximal diversion events is anticipated due to aforementioned conditions, the permittee shall notif y the Department of the anticipated event.

Conditions for Parameters Other than Total Phosphorus

21. Comparison of Outflows to Inflows. For all water quality parameters indicated in Table 2 of this permit other than total phosphorus, mercury, and dissolved oxygen, in flow and outflow samples collected at water quality monitoring sites shall be used to determine compliance with this specific condition. Compliance with this specific
condition shall be evaluated as follows:

A. If the annual average outflow concentration does not cause or contribute to violations of applicable Class III water quality standards, then the STA shall be deemed in compliance with this condition.

B. If the annual average concentration at the outflow station causes or contributes to violations of applicable Class III water quality standards, but is of equal or better quality than, the annual average concentration at the inflow stations, then the STA shall be deemed in compliance with this condition.

C. If the annual average concentration at the outflow causes or contributes to violations of applicable Class III water quality standards, and also exceeds the annual averag e concentration at the infl ow station, then the STA shall be deemed out of compliance with this condition.

22. Dissolved Oxygen. The dissolved oxygen parameter shall meet the requirements set forth in the Everglades Marsh Dissolved Oxygen Site Specific Alternative Crite ria (DO SSAC, Exhibit C). Compliance with the DO SSAC shall be evaluated annually using a statistical analysis to compare dissolved oxygen levels at the outflows to predicted model values. The specific methods for determining compliance are set forth in the DO SSAC which was adopted by Secretarial Order on January 26, 2004, and appr oved by the U.S. Environmental Protection Agency as a
revision to the State of Florida’s water quality standa rds on June 16, 2004.

23. Turbidity Monitoring. Effective means of turbidity control, such as, but not limited to, turbidity curtains or the discontinuance of flow activity to and from the affected cell(s), shall be employed during all construction or maintenance activities that may create tu rbidity so that tu rbidity shall not exceed 29 NTUs above background in the receiving waters. Turbidity controls a nd/or preventive operation procedures sh all remain in place until all turbidity has subsided and the turbidity level at the point of discharge to receiving waters meets state standards.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 16 of 27

Printed on recycled paper. Turbidity monitoring equipment and personnel trained to use it shall be available on site at all times during
construction or maintenance activities th at result in project-generated turb idity levels in the receiving water body. The permittee shall monitor turbid ity levels at least twice daily at a minimum of 4 hours apart during
these activities as follows:

A. Monitoring samples shall be taken at the following locations:

1. Background Sample(s): At affected cell/flowway in flow monitoring stations or at least 1000 feet

upstream of any construction or maintenance activities that may generate turbidity within a canal or conveyance feature outside of the treatment facility.

2. Compliance Sample(s): Upstream of the affected cell/flowway outflow monitoring stations or no

greater than 150 meters downstream of any construc tion or maintenance activities that may generate turbidity and within any visible plume.

B. Turbidity monitoring results shall be summarized quarterly (every three calendar months) by project component, beginning with the first calendar month in which construction or maintenance projects occur that could generate turbidity in receiving waters and continuing until all maintena nce is completed. Monitoring data with supporting documents shall be submitted to the Department quarterly dur ing the period of actual construction. The reports shall clearly identify the following information:

1. Permit number

2. Dates and time of sampling and analysis

3. A statement describing the methods used in collection, handling, storage and analysis of the samples

4. A clear description of project component activities taki ng place at the time of sampling

5. A map indicating the sampling locations

6. A statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data

C. Monitoring reports shall also in clude the following information for each sample that is taken:

1. Water depth

2. Depth of sample

3. Weather conditions

4. Water level stage and direction of flow

In the event that project-g enerated turbidity levels exceed 29 NTUs above background in the receiving waters, project component activities contributing to elevated turbidity le vels shall immediately cease, and the Department shall be notified immediately. Work shall not resume until the work can be conducte d in compliance with the aforementioned turbidity standard. In such cases where turbid conditions will be attributed to activities associated with dewatering, the District shall comply with the turbidity requirements set forth in the dewatering permit issued by the Department in lieu of the above requirements.

SPECIFIC CONDITIONS FOR MONITORING PROGRAM

In accordance with Subsection 373.4592(9)(h), F.S., the fo llowing monitoring conditions are intended to assess the water quality of the discharges of STA-2, and achievement of the WQBEL specified herein permit effluent limit

, and progress toward achieving state water quality standards.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 17 of 27

Printed on recycled paper. 2 4 . Monitoring Program. Monitoring performed in acco rdance with this permit sha ll include the vegetation and water quality and quantity parameters listed below and in Table 2.

A. Long-Term Plan Monitoring Program. The permittee shall continue to implement the portions of the PDE component of the Long-Term Plan that are related to this permit. This program shall evaluate the effectiveness of the STAs in improving water quality and maintaining designated and existing beneficial uses of the receiving waters. Results of the monitoring efforts shall be reported as part of the annual South Florida Environmental Report (SFER).

1. Aerial Vegetation Photographs and Mapping. Aerial vegetation photographs and mapping shall be
conducted in accordance with the PDE co mponents of the Long-Term Plan.

2. Mercury Monitoring Program. The permittee shall monitor mercur y in accordance with the approved Mercury Monitoring Plan, which is hereby incorporated by reference and made a part of this permit as
Exhibit D.

3. Routine Research and Monitoring Program. The permittee shall conduct long term monitoring at the outflow monitoring stations, the inflow monitoring stations and report the results to the Department, in accordance with the annual reporting requirements of this permit. Data from this program may provide the basis for additional permit complian ce requirements. The permittee shall also conduct monitoring at additional stations as defined in the PDE element of the Long-Term Plan.

B. Hydropattern Restoration Monitoring. In order to ensure that the hydropattern restoration discharges from STA-2 do not adversely impact the previously unimpacted downstream portions of Water Conservation Area 2, the permittee shall conduct monitoring in downstream locations to ensure that the continued operation of STA-2 does not result in adverse impacts. The Di strict shall include in its annual report on STA-2 an evaluation of conditions in representative downstream locations in the previously unimpacted areas, including:

1. Beneficial environmental effect s, including changes in water qua lity, soil and vegetative conditions, inundation and timing of discharges;

2. Adverse environmental effects, including imbalances in natural populations of flora or fauna; changes to periphyton communities; phosphor us accumulation rates in soil; expansion of cattail or other undesirable or exotic vegetation; or other undesirable consequences of hydropattern restoration, if any

3. The WCA 2A monitoring shall include at least 2 tran sects with at least 4 marsh stations each. The transects will be located in proximity to present or projected hydropattern restoration discharges. Stations will be located to include impacted and unimpacted portions of WCA 2.

If a determination is made by the Depa rtment that the adverse impacts of th e hydropattern restoration efforts exceed the environmental benefits, the permittee shall, within 90 days, submit plans and schedules to this office to remedy the adverse impacts. While the remedy is being develope d and implemented, the permittee shall make best efforts to minimize the adverse impacts. Subsequently, modifica tions shall be made to this permit as appropriate.



### 2 5

. Diversion Bypass

. The District shall notify the Department within 48 hours of any unanticipated

diversions bypasses of flow through the G-338 and/or G-339 gated struct ures, and as soon as practicable in advance of anticipated bypasses diversions , with the exception of routine maintenance activities. The submitted notification shall include a description of the circumstances related to the diversion bypass and a projection of the anticipated
duration of the bypass diversion . All diversions bypasses occurring through the G-338 and G-339 structures shall be monitored for the parameters Total Phosphorus and Calculated Flow listed in the t able 2 below. As soon as practicable after cessation of all bypasses diversions , the District shall submit a summa ry of the data collected from the table below, and identify the duration of the bypasses diversions

. Bypasses shall be limited to the shortest timePermittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 18 of 27

Printed on recycled paper. possible and are not allowed solely to achieve the WQ BEL. Bypasses are subject to and must meet the requirements of F.A.C. Sections 62-620.610(20), (21), and (22).

Parameter Units Sample Type Frequency Total Phosphorus mg/l Grab Weekly

Flow CFS Calculated Daily Average

2 6 . Inspection Reports. The permittee shall submit annual inspection reports to the Department evaluating the integrity and functionality of the a bove-ground levees and structures, incl uding pump stations. Annual inspection reports shall be prepared by field staff trained by a Professional Engineer and reviewed by the designated superintendent of the area prior to submittal to the De partment. The cover letter of the inspection report should summarize site conditions and work that was completed in response to inadequacies that may have been found during regular inspections. Every five years, at a minimum, each permitted facility shall have an inspection by a Professional Engineer registered in th e State of Florida, and the subsequent inspection report shall be signed and sealed by that Professional Engineer and submitted to the Department. A Professional Engineer or the District’s Dam Safety Officer shall review and approve major repair plans or remedial work associated with inadequacies identified during routine and formal inspections. All reporting shall be submitted to the Department in March with the initial 5- year inspection report for STA-2, including Compartment B, due in 2013.

28 7 . Annual Monitoring Reports. All studies, monitoring reports and technical submittals required by this permit shall be submitted to the Department in an “Annual Re port”. The annual reporting re quirements under this permit shall be incorporated into the SFER and submitted to the Department no later than March 1 of each year. Each Annual Report shall present the informa tion for the previous water year, fro m May 1 to April 30. If additional reporting modifications are required, and upon approval by the Department, the permittee may modify the Annual Report submission date to coincide with multiple reporting requirements and time periods needed for data acquisition and analysis. In addition to the permit number, and name of the permit administrator, the Annual Reports shall contain, at a minimum, the following information:

A. Quality Assurance and Quality Control. Sampling and monitoring data shall be collected, analyzed, reported and retained in accordance w ith Chapter 62-160, F.A.C. Any laborat ory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health (DOH) under Chapter 64E-1, F.A.C., where such certification is required by Rule 62-160.300, F.A.C. The laboratory must be certified for all specific method/analyte combinations that are used to comply with this permit. The analytical method used shall be appropriate so as to determine if the sample complies with Class III surface water quality standards as specified in Chapter 62-302, F.A.C. A ll field activities including on-site tests and sample collection, whether performed by a laboratory or anothe r organization, must follow all applicable procedures described in DEP-SOP-001/01 (February 1, 2004). Alternat e field procedures and laboratory methods may be used if they have been approved according to the requirements of Rules 62-160.220, and 62-160.330, F.A.C.

B. Water Quality Data. Records of monitoring information shall include all applicable laboratory information specified in Rule 62-160.340(2), F.A.C. including the following:

1. Date, location, and time of sampling or measurements
2. Person responsible for performing the sampling or measurements
3. Dates analyses were performed or the appropria te code as required by Chapter 62-160, F.A.C.
4. Laboratory/ Person responsible for performing the analyses
5. Analytical techniques or methods used, including method detection limit (MDL) and practical quantification limits (PQL)

6. Results of such analyses, including appropriate data qualifiers, and all compounds detected

7. Depth of sampling
8. Flow conditions and weather conditions at time of samplingPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 19 of 27

Printed on recycled paper. 9. Monthly flow volumes

In addition, the following records must be kept on file for reference during the duration of the project but are not required to be submitted in annual reports.

10. Field sampling and laboratory quality manuals
11. Sampling and analysis notes, as required under Ch. 62-160 FAC and NELAC Quality Systems (2003), respectively

C. Performance Evaluation. The Annual Report shall provide a performance evaluation for STA-2 containing the following information:

1. The operations status of the STA, stating whether the STA is in start-up, stabilization or routine operations 2. A comparison of inflow water quality data with outflow water quality data an appropriate statistical test
with a 95% confidence interval and based on statistical distributional assumptions (e.g., Student's t-test or Mann-Whitney test); 3. A comparison of outflow phosphorus concentrati ons with the permit effluent limit for STA-2 and between the current reporting year and previous years; and
4. An assessment of the inflow volumes and phosphorus loads during the year relative to the anticipated operational envelope contained in STA 2 Operations Plan.

Calculations for any reporting which require averaging of measurements shall be weighted by flow value.

D . Herbicide and Pesticide Tracking. The permittee shall provide in each annual report, information regarding the application of herbicides and pesticid es used to exclude/eliminate undesirable vegetation and pests within STA-2. Such reporting shall include the names, concentrations, locations, and quantities of all herbicides and pesticides used, and a statement cer tifying that the permittee has adhered to manufacturer application guidelines.

E. Implementation Schedules. The Annual Report shall provide details on the following:

1. Implementation of projects the WQBEL and activities required by this permit and affecting flows and loads to STA-2;
2. Source Control implementation and optimization;
3. STA design modifications affecting implementation of the WQBEL and activities required by this permit;
4. Improvements, enhancements, and strategies that have been initiated and/or completed within the previous year;
5. Any delays in the implementation of the improvements, enhancements, or strategies

, and the duration of the delays , the reason(s) for the delays, and the expected timeframe for their resolution; 6. The operational status of the STA, stating whether the STA is in Start-up, Stabilization or Routine Operations; If the facility is in Stabilizat ion operations during the reporting period, the report shall also include the date at which the facility entered the Stabilization Phase and the length of time it remained or is expected to remain in that phase 7. Implementation of STA Recovery Plans;

8. Whether revisions and/or additions to the requirements of this permit improvements, enhancements, and strategies are recommended ; 9. Implementation of remedial measures in the event of non-complian ce with permit conditions;
10. Whether the facility was operated within or outside of the operational envelope per Specific Condition
19 ; and
11. For each downstream transect station, a compilati on of the water quality, se diment, and vegetation monitoring data collected, as appropria te, and an assessment of wh ether the cumulative impact remained unchanged, improved, or worsened from the previous year/monitoring.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 20 of 27

Printed on recycled paper. F. The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under the Endangered Species Act or Migr atory Bird Treaty Act. The report should include the species involved, an estimate of the number of indi viduals involved, actions ta ken to avoid deleterious impacts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estimate of when facility operati on will no longer be impacted or constrained.

2 8 . Removal of Parameters. Upon demonstration that a specific parameter(s) is not present or is found consistently in compliance w ith Class III Water Quality Standards, the permittee may request a modification to the monitoring program as appropriate. A minimum of one yea r’s worth of data, for those parameters being sampled quarterly or more frequently, will be required prior to the Department approving any modification to the monitoring program. Parameters sampled semi-annua lly or annually will be examined on a case-by-case basis. The Department may approve a reduction of the monitoring frequency or wa ive the monitoring requirement for parameters that consistently are reported as in compliance with state water quality standards.

29 . Addition of Parameters. If the Department has reason to believe that additional parameters exist that may cause or contribute to water quality vi olations in the receiving waters, thos e parameters shall be added to the monitoring section of this permit as a permit modification.

3 0 . Public Health, Safety, or Welfare. Pursuant to Subsection 373.4592(9)(h )3, F.S., discharges from STA-2 shall not pose a serious danger to the public health, safety, or welfare. If warranted by additional information, the Department may include additional m onitoring or compliance conditions in this permit, in accordance with Subsections 373.4592(9)(g) and (11)(a) 2, F.S.

31. Emergency Suspension of Sampling. Under hurricane, tropical storm warnings, or other extreme weather conditions, the permittee’s normal sampling schedule may be suspended if necessary. The permittee shall notify the Department of any anticipated sampli ng suspension associated with hurricanes , tropical storms, or other extreme weather events that may require deviation from the nor mal sampling schedule. Within 14 days following the cessation of emergency conditions, the permittee shall notify the Department of when normal sampling is expected

to resume.

32. Transect Monitoring

The permittee shall conduct water quality, soil, and vege tation monitoring specified below located along three
transects downstream of the STA-2 di scharge to characterize the effects of the STA-2 discharge on adjacent marsh areas of WCA-2. The table below identifies 14 sampli ng sites. Of the 14 sites, nine are located in areas currently identified as impacted (i.e., sediment TP concentration greater than 500 mg/kg), and five sites located in areas currently identified as unimpacted. Upon demonstr ation that an additional sampling site or removal of an existing sampling site is warranted, the permittee may request a modification to the monitoring program as appropriate. The Department and USEPA shall review a nd approve such requests on a case by case basis. Any alteration in the monitoring program approved by the De partment and USEPA shall occur in the form of a modification to this permit.

All water quality, soil, and vegetation samples will be collected and reported for the parameters and at the frequency specified in the SFWMD’s January 20, 2010 ‘Project WCA-2A Monitoring Plan for STA-2 and Compartment B Build-Out Downstream Monitoring Plan’.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 21 of 27

Printed on recycled paper. Table: Transect Monitoring Locations

Transect 1

SITE LAT_DEC LONG_DEC Category
2AN.25 26 27 14.34 80 27 23.34 Impacted
2AN1 26 26 50.46 80 27 22.08 Impacted
2AN2 26 26 20.28 80 27 14.47 Impacted
2AN4 26 25 21.48 80 27 01.38 Impacted

2AN5 * 26 24 49.54 80 26 52.69 Unimpacted

2AN6 * 26 24 18.12 80 26 44.08 Unimpacted
2AC0.25 26 25 34.68 80 28 30.90 Impacted

2AC2 26 24 43.39 80 28 16.97 Impacted
2AC4 26 23 42.54 80 28 05.10 Unimpacted

2AC5 * 26 23 9.50 80 28 0.97 Unimpacted

Transect 2

SITE LAT_DEC LONG_DEC Category
2AFS.25 26 20 44.77 80 31 36.59 Impacted
2AFS1 26 20 38.46 80 31 10.320 Impacted
2AFS3 26 20 15.84 80 30 01.62 Impacted
CA 29 26 19 49.28 80 28 42.13 Unimpacted

* Station coordinates are approximate; exact coordinates to be determined

Renewals and Modifications

33. Permit Renewal. At least 60 days prior to the expiration of this permit, the permittee shall apply for renewal of this permit. Renewal may be for a period of up to 5 years in accordance with Subsection 373.4592(9)(f), F.S.

34. Permit Modifications fo r STA Optimization. Pursuant to Subsections 373.4592(3)(b)

- (e) and (9)(j), F.S. and the PDE component of the Long

- Term Plan, the permittee may submit proposed modificati ons to STA

- 2 through the adaptive implementation process identified in the Long

- Term Plan. Within 30 days after receipt of such a submittal, the Department shall notify the permittee as to whether a permit modifica tion is necessary. Minor
modifications c an be processed in letter format. The Department shall determine whether the modification is minor or major based on the nature and magnitude of the propos ed modification and the potential for the modification to have environmental impacts that are signif icantly different from those previously considered by the Department for the activity, pursuant to Rule 62

- 343.100, F.A.C. The permittee shall be re quired to publish a notice of application pursuant to Subsections 373.413 (3) and (4), F.S., as applicable, for any requested permit modification determined to be major in accordance w ith this specific condition.

3 4 . Department Review and Approval. Where conditions in this permit requi re Department review and approval of remedial actions or plan modifications to be implemented pursuant to this permit, the Department will consult with the permittee to ascertain whethe r mutual agreement can be reached. If mutual agreement on the remedial actions or plan modifications cannot be reached, the action of the Depart ment will be deemed final agency action and will be subject to judicial or administrative review, as appropriate.

MONITORING REQUIRED:

Key for Tables 1 and 2:

Sample Type: G = Grab sample FPC = Flow proportionate composite samplePermittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 22 of 27

Printed on recycled paper. INSITU = In Situ field sample CAL = Calculated parameter PR = Pump record RG = Rain Gauge

Sample Locations: Inflow Sites = S-6 and G-328
Outflow Sites = G-335
Diversion Bypass Sites = S-6, G-338, G-339

Sample Frequency: W = Weekly BI-W = Once every other week (26 samplings per year) DAV = Daily averages of continuous sampling DAC = Daily accumulation of continuous samplingPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 23 of 27

Printed on recycled paper. Discharge Limits and Monitoring:

Table 1: Discharge Limitations a nd Associated Monitoring Requirements

Discharge Limitations Monitoring Requirements

Parameters (units) Daily
Minimum Daily
Maximum Annual Average Other Monitoring Frequency Sample Type Sample
Point

Not to exceed

10 as a geometric mean (GM)

annual average in
more than two

consecutive

years 18 as a flowweighted

mean (FWM)
annual

average Phosphorus, Total (as P) (ppb) -- --

See Footnote 1, 2, 3, 4 below Weekly GM – based on grab samples
collected

when discharge

occurs

FWM - 7-day
flow proportioned

composite Outflow

Phosphorus, Total (as P) (ppb) -- -- Report 5 Weekly 7-day flow proportioned

composite inflow

Oxygen, Dissolv ed (DO) (mg/L) Report See Specific Condition 23 Weekly Grab (Meter) Inflow/
outflow

Flow (cfs)

-- Report Report Report Continuous Recorder Inflow/
outflow

1 All outflow TP monitoring results for this parameter shall be reported as a monthly average and as an annual average separate weekly values without rounding to whole numbers. The results shall also be re ported as FWM annual averages that are calculated based on the FWM of the weekly values. The results shall also be reported as GM annual averages that are calculated based on all sample point weekly v alues collected when discharge occurs in the previous 12 months. All FWM and GM annual averages shall be reported to the nearest whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall be reported as 10 ppb. The “monthly average” is a flow

- weighted mean of the weekly effluent samples. The “annual average” shall be computed for each water year (May

- April) and is equal to the flow

- weighted mean concentration for the
water year.
2 The discharge shall not cause phosphorus concen trations in the receiving waters to be a ltered so as to cause or contribute to a n imbalance in natural populations of a quatic flora or fauna. The discharge shall not cause phosphorus concentr ations in the receiving waters to exceed the criteria in Rule 62-302.540(4)(a), F.A.C. Beginning at the end of April after the permit effectiv e date and at the end of each April thereafter, the permittee shall report the FWM annual average using data it collect ed for the prior 12 months. Beginning at the end of April a fter the permit effective date and at the end of each Ap ril thereafter, the permittee shall report th e GM annual average using data it collecte d for each of the prior 3 years. The 10 ppb effluent limit represents the phosphorus criterion set forth in Rule 62

- 302.540(4)(a), F.A.C. and is consistent with Section 301(b)(1)(C) of the CWA. A water quality based effluent limitation (WQB EL) for phosphorus shall be estab lished in accordance with Rule 62

- 650 F.A.C. and Section 373. 4592 Florida Statutes by December 31,2010 and will be a major permit modification. It is recognized that the ultimate WQBEL to be developed may be higher than a flow

- weighted mean of 10 ppb. The antibacksliding provisions of the CWA and NPDES regulations do not apply to an effluent limitation with a delaye d compliance date, until the date of compliance. In this case, restrictions on backsliding would not apply t o the 10 ppb permit effluent limit until the established WQBEL takes effect at the end of the compliance schedule.

3 In the year following any two consecutive years where the TP GM annual average ex ceeds 10 ppb, the permittee shall report quart erly the GM of all monthly TP values for that year. If that mean exceeds 10 ppb, the permittee sh all provide a report to both FDEP and USE PA by the fifteenth of the month following the quarterly report of its evalua tion of why that mean is as high as it is and the specific s teps it is taking to
ensure that the TP GM for that year will not exceed 10 ppb.

For the TP FWM WQBEL, the permitt ee shall report quarterly the average of all monthl y FWMs for that year. If that average exce eds 18 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that average is as high as it is and the specific steps it is taki ng to ensure that the TP FWM a nnual average for that year wil l not exceed 18 ppb.

4 If the facility does not meet the FWM WQB EL in any year, the permittee shall report the annual load of TP discharged by the ST A into the Everglades that is in excess of the WQBEL load (based on 18 ppb). If the facility does not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in ex cess of the WQBEL load (based on 10 ppb) for that year and the prev ious two years.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 24 of 27

Printed on recycled paper. 5 All inflow TP monitoring results shall be reported as separate weekly values without rounding to whole numbers. All results sh all also be reported as monthly averages and as FWM annual averages. The m onthly averages and FWM annual averages shall be calculated base d on the FWM of the weekly values and shall be reported to the near est whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 p pb shall be reported as 10 ppb).

1 During bypasses diversions , Grab sampling will be conducted at S-6, and shall be used as m onitoring surrogates for G-338 and G-339 diversions see Specific Condition 26

2 Total Nitrogen (TN) is calculated from TKN and nitrate-nitrite valu es (TN= (nitrate/nitrite) + (TKN)).

3 During bypasses diversions ,G-338 and/or G-339 will be monitore d for flow, see Specific Condition 25 Table 2: STA-2 Routine Monitoring Program

PARAMETER UNI
TS SAMPLE

TYPE SAMPLING FREQUENCY SAMPLING
LOCATION

Dissolved Oxygen mg/l INSITU W Inflow and outflow

Mercury See attached Exhibit D Mercury Monitoring Program pH SU INSITU W Inflow and outflow

Specific Conductance μmhos INSITU W Inflow and outflow

Temperature Deg C INSITU W Inflow and outflow

Total Phosphorus (water) 1 mg/l FPC/G W Inflow, outflow and diversion bypass

Total Kjeldahl Nitrogen (TKN) 2 mg/l G BI-W Inflow and outflow

Turbidity NTU G See Specific
Condition 24 Inflow and outflow

Nitrate + Nitrite mg/l G BI-W Inflow and outflow

Sulfate mg/l G BI-W Inflow and outflow

Flow CFS PR DAV In flow and outflow

Flow 3 CFS CAL DAV Inflow, outflow and bypass diversion Rainfall Volume in RG DAC Rainfall Sampling StationPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 25 of 27

Printed on recycled paper. DONE AND ORDERED on this 17th day of March, 2009 in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

____________________________________________ Jerry Brooks, Director
Division of Environmental Assessment and Restoration

JB/em/swf/kje

FILING AND ACKNOWLEDGMENT

FILED, on this date, under Section 120.52(7), F.S., with the designated clerk, recei pt of which is hereby acknowledged.

_____________________________________________________ Clerk Date

ELECTRONIC COPIES FURNISHED TO:

PARTIES REQUESTING NOTICE:
Miccosukee Tribe of Indians of Flor ida, c/o Dexter Lehtinen, Esq. Miccosukee Tribe of Indians of Florida, c/o Kelly Brooks, Esq. United States Sugar Corporation, c/o Bubba Wade Seminole Tribe of Indians of Florida, c/o Stephen A. Walker, Esq. Sugar Cane Growers Cooperative, Roth Fa rms, Inc., and Wedgeworth Farms, Inc., c/o William H. Green, Esq. Keith Saxe, Esq., U. S. Department of Justice Jay Gelderman, Esq., U.S. Department of Justice Michael Stevens, U.S. Depa rtment of the Interior Jeffrey J. Ward, Sugar Cane Growers Cooperative Philip S. Parsons, Landers & Parsons Helen Hickman, Brown & Caldwell Tom MacVicar, MacVicar, Frederico, & Lamb Charles Lee, Florida Audubon Society Leslie Feliciano, Katz Barron

ADDITIONAL COPIES FURNISHED TO: Jon Steverson, Governor’s Office Jeff Koons, Commissioner, Palm Beach County Pam Repp, U.S. Fish and Wildlife Service Sharon Kocis, U.S. Fish and Wildlife Service Jim Quinn, FL. Dept. of Community Affairs Charles Oravetz, Nat. Ma rine Fisheries Service Laura Kammerer, FL. Dept. of State- Historical Resources Don Klima, U.S. Advisory Council on Historic PreservationPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 26 of 27

Printed on recycled paper. Johanna Mattson, Dept. of Community Affairs Ray Eubanks, Dept. of Community Affairs Laura Kammerer, Dept. of State, Div. of Historical Resources Ray Scott, Dept. of Agriculture and Consumer Services Rebecca Elliot, Dept. of Agricultu re and Consumer Services John Childe, Friends of the Everglades David Reiner, Friends of the Everglades Col. Paul Grosskruger, USACOE, Jacksonville Philip Mancusi-Ungaro, Esq., USEPA, Atlanta Mark Nuhfer, USEPA, Atlanta Gina Fonzi, USEPA, Atlanta Dan Scheidt, USEPA, Athens Eric Hughes, USEPA, Jacksonville Janet Bussell, The Everglades Foundation Sylvia Pelizza, Loxahatchee National Wildlife Refuge Mark Musaus, Loxahatchee National Wildlife Refuge Mike Zimmerman, Everglades National Park Mary Ann Poole, Florida Fish and Wildlife Conservation Commission Joe Walsh, Florida Fish and Wildlif e Conservation Commission, Vero Beach Mike Anderson, Florida Fish and Wildlife Conservation Commission, West Palm Beach Sheryl Wood, SFWMD, West Palm Beach Gary Goforth, Gary Goforth Inc., Stuart Joe Albers, SFWMD, West Palm Ken Ammon, SFWMD, West Palm Terrie Bates, SFWMD West Palm Ron Bearzotti, SFWMD West Palm Kirk Burns, SFWMD West Palm Linda Crean, SFWMD West Palm Deb Drum, SFWMD, West Palm George Hwa, SFWMD, West Palm Nicole Howard, SFWMD, West Palm Delia Ivanoff, SFWMD, West Palm Julianne LaRock, SFWMD West Palm Neil Larson, SWMD, West Palm Pam Lehr, SFWMD, West Palm Linda Lindstrom, SFWMD West Palm Paul Linton, SFWMD, West Palm Jeremy McBryan, SFWMD, West Palm Chip Merriam, SFWMD West Palm Tracey Piccone, SFWMD West Palm Kathy Pietro, SFWMD West Palm Dean Powell, SFWMD West Palm Garth Redfield, SFWMD, West Palm Sherry Scott, SFWMD West Palm Sean Sculley, SFWMD, West Palm Susan Sylvester, SFWMD, West Palm Stuart VanHorn, SFWMD, West Palm Georgia Vince, SFWMD, West Palm Eric Summa, USACE Jim McAdams, USACE, Jacksonville Alisa Zarbo, USACE, Palm Beach Gardens Lauren Aiello, FDEP Brian Dougherty, FDEP Judy Warrick, FDEP, Division of State LandsPermittee: South Florida Water Management District Project: Stormwater Treatment Area 2 Compartment B Build-Out
FDEP File No. 0126704-008 Page 27 of 27

Printed on recycled paper. Steve Watson, FDEP Division of Recreation and Parks Tracy Robb, FDEP, Tallahassee Greg Knecht, FDEP, Tallahassee Kenneth Hayman, FDEP, Tallahassee Daryll Joyner, FDEP, Tallahassee Ernie Marks, FDEP, Tallahassee Frank Nearhoof, FDEP, Tallahassee Stacey Feken, FDEP, Tallahassee Tom Atkeson, FDEP, Tallahassee John Outland, FDEP, Tallahassee Chad Kennedy, FDEP, West Palm Beach Dianne Hughes, FDEP, West Palm Beach Inger Hansen, FDEP, West Palm Beach Kelli Edson, FDEP, Tallahassee

# Department of 

# Environmental Protection

Twin Towers Office Building Jeb Bush 2600 Blair Stone Road David B. Struhs Governor Tallahassee, Florida 32399-2400 Secretary



### Type of Permit: Everglades Forever Act Permit Project: Stormwater Treatment Area 3/4 (STA-3/4 Project) County: Palm Beach
Permit No.: 0192895 Applicant: South Florida Water Management District Applicant Address: 3301 Gun Club Road
P. O. Box 24680 West Palm Beach, Florida 33416-4680 Authorization: The Everglades Forever Act, Section 373.4592, Florida
Statutes Application Received: December 17, 2001 Issuance Date: January 9, 2004 Expiration Date: January 9, 2009

PROJECT DESCRIPTION: The project is to construct, operate and main tain Stormwater Treatment Area 3/4 (STA-3/4 Project). The STA-3/4 Project consists of the STA-3/4 Works, STA-3/4 Supply Canal, G371 and G-373 Diversion Structures, U.S. Highw ay 27 Bridges, STA-3/4 West L-5 Canal Enlargement including associated compone nts along the L-5 borrow canal, and Pump Stations G-370 and G-372 (See Figure 1). The ST A-3/4 Project is part of the Everglades Construction Project (ECP), construction, opera tion, and maintenance of which is required by the Everglades Forever Act (EFA- C h. 373.4592, F.S.) to restore the Everglades ecosystem. Construction activities authorized by this permit include dredging and filling in wetlands, construction of water control structur es, and other earthmoving work necessary to construct the project comply with the requirements of this permit

.

Construction and operation of the project i nvolves rehydrating approximately 16,544 acres of historical wetlands previously converted to ag ricultural cropland. This project will impact approximately 115.16 acres of jurisdictional wetla nds. Approximately 3 acres of the wetland impacts are within the boundaries of STA-3/4. The remaining 112.16 acres of wetland impacts are associated with the enlargement of the L-5 canal. All of the surface waters and wetlands to be impacted by the construction of the project are Class III Waters.

Upon completion of construction and the star t-up phase of operation, the project will be operated to treat water from the S-7/S-2 and S- 8/S-3 basins. Presently, untreated runoff from
those basins drains into the North New River and Miami Canals to be routed through the S-7 and S-8 Pump Stations to Water Conservation Areas 2A and 3A. Stormwater Non-process

wastewater runoff from these basins that is curre ntly flowing untreated will, upon completion of the STA, be diverted into the constructed wetland for treatment utilizing natural, passive physical, and biological processes for nutrien t removal and water quality improvement andEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 2 of 35



### will then be discharged back to the North New River and Miami Canals. Operation of the project involves maintaining water levels within the project to optimize the efficiency of the treatment area as defined by performance at re moving the pollutants for which the treatment wetland was designed. Other operation and maintenance activities include water quality and vegetation monitoring, preparation and s ubmittal of monitoring reports, vegetation maintenance, and maintenance of the water control structures (including canals and levees).

Operation of this project shall be implemented to meet the requirements of this permit in three phases . The start-up phase of operation will begin after construction is completed and continue until the 4-week geometric mean tota l phosphorus concentration at the outflow is
less than that of the inflow . Upon successfully meeting the start-up phase, the STA-3/4 Project may begin initial discharges. A stabilization phase will follow, continuing until the
12 month flow

- weighted average to tal phosphorus concentration at the outflow is less than or equal to 50 parts per billion. Thereafter, the pr oject will be in the normal or post stabilization operations phase. Once the WQBEL is achieved, the project will be in routine operations

.

PROJECT FACILITIES: The seven individual ECP components included in the STA-3/4 Project are as follows (see Figure 1):

1. Diversion Structures
2. Project Inflow Pump Stations
3. Project Supply Canal
4. Interior Works
5. STA-3/4 Discharge Canals

6. STA-3/4 Seepage Collection System

7. US 27 New Bridges

Below are descriptions of these ECP works, taken from the September 20, 1999, Alternatives Analysis Report for “STA-3/4” prepared by Burns a nd McDonnell. Other documents related to this project are: February 15, 1994 Conceptual Design, Everglades Protection Project; April 4, 1996 General Design Memorandum; June 30, 2000 Plan Formulation Document; August 23, 2000 Plan Implementation Document; and the October 11, 2000 Design Criteria Document. Since the preparation of the aforementioned documents, the permittee has identified certain improvements and enhancemen ts to improve design and operation of STA3/4. Descriptions of these improvements and enhancements can be found in Subsection H.
below.

A. Diversion Structures

G-371 will act as a diversion structure located in the North New River Canal. As such, G371 will divert canal flows to new inflow Pu mp Station G-370, located in the northeast corner of STA-3/4, and will allow existing Pump Station S-7, located in the southeast corner of STA-3/4, to be used as an outflow pump station.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 3 of 35



### Under normal STA-3/4 operating conditions, G- 371 will be in the full-closed position. However G-371 may be operated for any of the following conditions:

1. Full or partial bypass of STA-3/4 during runoff events in the S2/S7 Basins;
2. Full or partial bypass of STA-3/4 during peri ods of regulatory releases from Lake Okeechobee to the North New River Canal;


### 3. Bypass of STA-3/4 during periods of wate r supply releases from Lake Okeechobee intended for delivery to communities and othe r users in Broward county via the North New River Canal; and


### 4. Full or partial bypass of STA-3/4 when all or portions of the STA are unavailable due to maintenance or other conditions, includi ng but not limited to when interior water conditions may damage existing treatment cell marsh vegetation.

The G-373 structure will be installed in th e Miami Canal downstream of G-372 and will
divert canal flows to new Pu mp Station G-372. This structure will allow existing Pump Station S-8, located 8 miles west of the southw est corner of STA-3/4, to be used as an outflow pump station. Under normal STA-3/ 4 operating conditions, G-373 will be in the full-closed position. However G-373 may be operated for any of the following conditions:

1 Full or partial bypass of STA-3/4 during runoff events in the S3/S8 Basins;
2. Full or partial bypass of STA-3/4 during peri ods of regulatory releases from Lake Okeechobee to the Miami Canal;


### 3. Bypass of STA-3/4 during periods of wate r supply releases from Lake Okeechobee intended to delivery to communities and other users via the Miami Canal; and


### 4. Full or partial bypass of STA-3/4 when all or portions of the STA are unavailable due to maintenance or other conditions, includi ng but not limited to when interior water conditions may damage existing treatment cell marsh vegetation.

B. Project Inflow Pump Stations

Untreated water from the North New River and the Miami canals is directed into the STA at its north boundary by means of pump stations G-370 and G-372.

Inflow Pump Station G-372 is the project’s prim ary inflow structure, drawing water from the Miami Canal. G-372 has a design capacity of 3,670 cfs and will pump an annual average volume of water equal to 252,601 acre-feet (derived from a 10-year base period).

Inflow Pump Station G-370 is the secondary inflow pump station for the project, drawing
water from the North New River Canal. G-370 has a design capacity of 2,770 cfs and will pump an annual average volume of water equal to 385,535 acre-feet (derived from a 10-year base period). C. Project Supply CanalEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 4 of 35



### The Inflow Canal borders the north side of th e STA and the Holey Land. Control structure, G-383, provides flexibility in managing incoming fl ows before distribution into the cells.
This structure is situated in the Inflow Cana l immediately north of the intersection of the
Inflow Control levee with Interior Levee 1. This normally closed structure serves to maintain separation between inflows from the North New River Canal and the Miami Canals, but can serve to redistribute water to preven t cell dryout, provide optimum treatment, and provide other operational strategies. G-383 is designed to pass 1470 cfs, 40% of Miami Canal peak inflow rate or 50% of North New River Canal peak inflow rate.

D. Interior Works

Inflow to the north cell is controlled by a seri es of gated hydraulic structures, G-374 A-F, G377 A-E and G-380 A-F, which allow water to pa ss from the Inflow Canal to the treatment cells. The hydraulic gradient is such that wa ter flows in a southerly direction within the cells. Water that passes through Cell 1A and Cell 2A, then enter Cell 1B and 2B passing through a series of structures (G-375 A-F and G-378 A-E) located on Inte rior Levee 2 and 3. Water at this point travels through Cells 1B a nd 2B for additional treatment, then exits along
the southern boundaries of the cells into the Discharge Canal by passing through another series of structures (G-376 A-F and G-379 A-E).

E. STA-3/4 Discharge Canal

The Eastern Discharge Canal (EDC) is located at the southern boundary of cell 1B and 2B and is connected to the borrow pits at its western end. The eastern end of the EDC terminates in L-5, west of the existing pum p station S-7. The Western Discharge Canal (WDC) is located along the southern boundary of Cell 3 and the western boundary of Cell 2B. The northern end of the WDC starts at Cell 3 and the terminates at the borrow pits.

Treated water from STA 3/4 will be discharg ed into the L-5 Borrow Canal from the G-381 A-F, G-379 A-E and G-376 A-F stru ctures, and then will be released to WCA-3A, once the performance of STA-3/4 has been optimized in accordance with Subsection (4)(b) of the EFA. In the meantime, the treated water will be pumped back to the North New River and Miami Canals by means of existing pump stations S-7 on the North New River and S-8 and G-404 on the Miami Canal. Pump Station S-7 discharges to WCA-2A, Pump Station S-8 discharges to WCA3A, and Pump Station G-404 discharges to western WCA-3A via the L-4 Borrow Canal, the South L-4 Levee Gap and L- 3 extension canal. G-404 was part of the STA-5 permit, but functions to move water from both STA 3/4 and 5. Treated water from STA 3/4, once discharged into the L-5 Canal can also be released to WCA-3A via structure S-150 when water levels in the North New River Canal are higher than the downstream water
level in WCA-3A.

F. STA-3/4 Seepage Collection SystemEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 5 of 35



### Seepage control is accomplished by routing wate r collected by the project’s north seepage collection canal back to the inflow pump sta tions (G-370 and G-372) via (3) 75 cfs seepage return pumps at each station. Seepage collected will then be routed back to the treatment cells by the inflow canal system.

G. US 27 New Bridges

Conveyance of water from the North New Rive r Canal (L-18) to the G-370 Inflow Pump Station at STA-3/4 requires the excavation of a canal crossing at US 27. This section of the G-370 intake canal will allow water to pass from the eastern side to the western side of US 27. Correspondingly, northbound and southbound bridge s will need to be constructed to carry US 27 traffic over the new canal section.

H. Improvements and Enhancements

Cell 3 will be subdivided into Cells 3A and 3B through construction of a new interior levee and additional water control structures will be constructed through the new levee. An overhead power distribution line will be exte nded along the new levee across Cell 3. Small forward-pumping stations will be constructed along the interior levees be tween cells in series to permit withdrawal from upstream emergent marsh cells to maintain stages in the
downstream SAV cells. Three stations are antic ipated. The station pumping from Cell 1A to Cell1B is assigned a preliminary capacity of 54 cf s, the station from Cell 2A to Cell 2B is assigned a preliminary capacity of 29 cfs, and th e station from Cell 3A to 3B is assigned a preliminary capacity of 24 cfs. Cells 1B, 2B and 3B will be treated with herbicide for removal of emergent macrophyte vegetation to permit development of submerged aquatic vegetation.

The southwestern corner of treatment cell 2B (west of outflow Structure G-379E) will be utilized for an approximate 100-acre Peri phyton Stormwater Treatment Area (PSTA) demonstration project. The purpose of this proj ect is to demonstrate the ability of PSTA to serve as a final “polishing” cell in the ove rall STA treatment process. This PSTA Demonstration Project is intended to augment a nd form an additional element of the Process Development and Engineering component of th e Conceptual Plan for Achieving Long-Term Water Quality Goals (Burns & McDonnell, 2003) in discharges from tributary basins to the Everglades Protection Area (EPA). The demons tration cell will be placed at the downstream
end of the treatment cell 2A-2 B flow path, where the lowest phosphorus concentrations can be anticipated, consistent with the intended f unction of the PSTA cell as a final “polishing”
cell in an STA.

LOCATION: The project is located within the south-centr al portion of the Everglades Agricultural Area
and includes works in wetlands and Class III fresh waters within the southern most portion ofEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 6 of 35



### Palm Beach County, Florida. The STA ( STA-3/4 ) is located on 16,544 acres of lands located just north of the L-5 canal, directly north of the Palm Beach County line, extending from the Holey Land Wildlife Management Ar ea eastward to U.S. Highway 27 (North New River Canal), and includes Sections 31, 32, 33, 34, 35, and 36, Township 46 South, Range 37 East, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14. 15, 16, 22, 23, 24, Township 47 South, Range 37 East, Sections 6, 7, 8, 16, 17, 18, 19, 20, 21, Township 47 South, Range 38 East, and Section 31, Township 46 South, Range 38 East.

The Supply Canal connects the STA with both the Miami Canal and the North New River Canal and will be located just north of the STA and Holey Land Wildlife Management Area, within Sections 35 and 36, Township 46 S outh, Range 35 East, Se ctions 31, 32, 33, 34, 35, 36, Township 46 South, Range 36 East, and Sections 18, 19, and 30, Township 46 South, Range 37 East.

The Discharge Canal will be constructed by enlarging the existing L-5 borrow canal, a Class III fresh waters, running east-west just south of STA-3/4, in Sections 22, 23, 24, 27, 28, 29 and 30,Township 47 South, Range 37 East, and Sections 19, 20, 21, 22 and 28, Township 47 South, Range 38 East, and Sec tions 7, 8, 9, 10, 11, and 12, Township 48 South, Range 36 East, Palm Beach County.

IN ACCORDANCE WITH: This EFA permit for the construction, operation, and maintenance of the STA-3/4 Project is issued in accordance with the following:

• The Everglades Forever Act, Section 373.4592, F.S.;

• The permit application for the construction, operation, and maintenance of the ECP, including the STA-3/4 Project and associated works, prepared by the South Florida Water Management District, a nd received by the Department on June 1, 1994;

• The permit application for the construction, operation, and maintenance of the STA-3/4 Project and associated works, prepared by the South Florida Water Management District, submitted to the Department on December 17, 2001, and
additional information submitted in s upport of the application on May 29, 2002 and August 12, 2002; and,

• The engineering drawings and techni cal specifications for STA-3/4 and associated works, including the design documents.

GENERAL CONDITIONS: In accordance with Subsection 373.4592(9)(g) of the EFA, this permit may include any standard conditions provided by Department rule which are appropriate and consistent with
the EFA.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 7 of 35



### 1. Enforcement. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and ar e binding and enforceable pursuant to Chapter 373.129, F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions.

2. Scope of permit. This permit is valid only for the specific requirements of processes and operations this permit applied for and indicated in the approved dra wings or exhibits . Any unauthorized deviation from the approved drawings, exhibits, specifications, or requirements of this permit may constitute grounds for revocation and enforcement action by the Department.

3. Limitation of rights. The issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authori ze any injury to public or private property or any invasion of personal rights, nor any infringe ment of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total pr oject which are not addressed in this permit. However, this permit is in lieu of other perm its under Part IV of Chapter 373, F.S. (1994) or part VIII of Chapter 403, (1992), pursuant to Subsection 373.4592(9)(c), F.S. Sections 403.91-403.938 comprised part VIII of Ch. 403 in 1992. Except for s. 403.927 and ss. 403.93-403.958, these sections were repealed by ss. 45, 46, Ch. 93-213, or s. 18, Ch. 95-145. Sections 403.93-403.936 were repealed by s. 13, Ch. 95-299. The two remaining sections from former part VIII as it was constitute d in 1992, ss. 403.927 and 403.938 (transferred to s. 403.9333 by s. 12, Ch. 95-299), are located in part VII of Ch. 403.

4. Limitations upon title. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of sovereign submerged lands unless herein pr ovided and the necessary title or leasehold
interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

5. Liability. This permit does not relieve the permitt ee from liability for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted source, or from pe nalties therefore; nor does it allow the permittee to cause pollution in contravention of Chapter 373.4592 F.S. (the EFA).

6. Operation and maintenance responsibilities. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achie ve compliance with the conditions of this permit, as required by Department rules. Th is provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 8 of 35



### 7. Access Rights. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presenta tion of credentials or other documents as may be required by law and at reasonable times , access to the premises where the permitted activity is located or conducted to:

A. Have access to and copy any records that must be kept under conditions of the permit;

B. Inspect the facility, equipment, practi ces, or operations regulated or required under this permit; and

C. Sample or monitor any substances or parameters at any reasonable location necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated.

8. Noncompliance. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation sp ecified in this permit, the permittee shall immediately provide the Department with the following information:

A. A description of and cause of noncompliance; and

B. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties and/or for revocation of this permit.

9. Records as evidence. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are subm itted to the Department may be used by the Department as evidence in any enforcemen t case involving the permitted source arising under the Florida Statutes or Department rule s, except where such use is prescribed by Sections 403.111, F.S. and 403.73, F.S. Such eviden ce shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

10. Changes in Law. The permittee agrees to comply with changes in applicable Department rules and applicable Florida Stat utes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida law. However, this section cannot be used as a basis to extend the time to comply with the permit’s total phosphorus WQBEL.

11. Transferability. This permit is transferable only upon Department approval in accordance with Rules 62-4.120 and 62-343.130, F.A.C ., as applicable. The permittee shallEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 9 of 35



### be liable for any non-compliance of the permitte d activity until the transfer is approved by the Department.

12. Permit at Work Site. This permit or a copy thereof shall be kept at the work site of the permitted activity. For the purposes of this perm it the work site shall be defined as South Florida Water Management District Headquart ers located at 3301 Gun Club Road in West Palm Beach, Florida.

13. Records Retention. The permittee shall comply with the following:

A. Upon request, the permittee shall furn ish all records and plans required under Department rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department.

B. The permittee shall hold at the facility or other location designated by this permit records of all monitoring informa tion required by the permit, copies of all reports required by this permit, and reco rds of all data used to complete the application for this permit. These mate rials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule.

C. Records of monitoring information shall include:

1. the date, exact place, and time of sampling or measurements;

2. the person responsible for performing the sampling or measurements;

3. the dates analyses were performed or the appropriate code as required by Chapter 62.160 F.A.C.;

4. the person responsible for performing the analyses;

5. the analytical techniques or methods used, including MDL; and

6. the results of such analyses, including identification of potential
outlier values.

14. Requests for Information. When requested by the Department, the permittee shall within a reasonable time furnish any inform ation required by law which is needed to determine compliance with the permit. If th e permittee becomes aware that relevant facts
were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 10 of 35



### SPECIFIC CONDITIONS:

1. Sovereign Lands. The permittee is hereby advised that Florida law states: "No person shall commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed
use." Pursuant to Florida Administrative Code Rule 18-14.002(1), if such work is done without consent, or if a person otherwise da mages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense.

2. Artifacts. If historical or archaeological artifacts, such as Indian canoes, are discovered at any time within the project site, the permitt ee shall immediately notify the Department’s
Southeast District Office at the address a nd telephone number listed in Specific Condition No. 3, below, and the Bureau of Historic Pres ervation, Division of Historical Resources, R. A. Gray Building, 500 S. Bronough St., Talla hassee, Florida 32399-0250, telephone (850)
487-2333.

3. Addresses. Reports and notices submitted to th e Department in accordance with this permit shall be submitted to the Department’s Division of Water Facilities, Water Quality Standards and Special Projects Program, 2600 Blair Stone Road, MS 3560, Tallahassee, Florida, 32399-2400, telephone no. (850) 245-8424, a nd to the Department’s Southeast District Office, Office of Environmental A ffairs, 400 North Congress Avenue, P. O. Box 15425, West Palm Beach, Florida, 33416-5425, telephone no. (561) 681-6709.

4. Related Permits. The Department and the permitt ee acknowledge the issuance of other permits related to the STA-3/4 Project. Re lated permits include FDEP NPDES Permit No. FL0300195, EFA/Individual Water Use Permit No. 0178018, which authorizes temporary dewatering activities for the construction of facilities within the STA-3/4 and STA-2 Hydropattern Restoration Projects, and, the U. S. Army Corps of Engineers 404 Permit No.
199404532.

Construction, Operation, and Maintenance Conditions

5. Project Construction. During construction of the STA- 3/4 Project and the associated works, the permittee shall take all reasonabl e precautions to minimize the suspension and transport of soils, levee materials, and road way materials into waters adjacent to or
downstream of the construction site in acco rdance with Section 02435 of the Technical Specifications for the STA-3/4 Pr oject and associated works (appended hereto as Exhibit A). In addition, during construction, the permitt ee shall perform turbidity monitoring in accordance with Section 02435 of the Technical Specifications.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 11 of 35



### The permittee shall construct the STA-3/4 Project consistent with the design documents. The STA-3/4 Project, including applicable construc tion activities, may be further modified for standard engineering practices pursuant to Subsection 373.4592(9)(j)(3) of the EFA or for technological advances pursuant to Subsection 373.4592(9)(j)(2) of the EFA.

6. Construction of Enhancements. Prior to construction of the enhancements detailed in Subsection H. of the Project Description, the permittee shall submit final engineering design plans to the Department for approval.

7. Project Operation and Maintenance. The permittee shall operate and maintain the STA-3/4 Project consistent with the design doc uments and the operations criteria required by Specific Condition 10. The STA- 3/4 Project, including applicable operation and maintenance activities, may be further modified for standard engineering practices pursuant to Subsection 373.4592(9)(j)(3) of the EFA or for technologi cal advances pursuant to Subsection 373.4592(9)(j)(2) of the EFA.

8. As-Built Certification and Record Drawings. Within 30 days after completion of the construction contract for this project, the permittee shall submit a written statement of completion and certification by a registered pr ofessional engineer or other appropriate individual as authorized by law. The statemen t of completion and certification shall be based
on on-site observation of construction or revi ew of as-built drawings for the purpose of determining if the work was completed in comp liance with permitted plans and specifications. This submittal shall serve to notify the Departme nt that the project is ready for inspection. Additionally, if deviation from the approved dr awings is discovered during the certification process, the certification must be accompanie d by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as “as-built” or “record” drawing. A registered surveyor shall certify all surveyed dimensions and elevations.

9. Pump Station Testing and Maintenance. In order to ensure operational readiness, initial testing is required by the construction c ontractor for the pump stations authorized by this permit prior to turnover of the pump stati ons to the permittee for operation. Maintenance requirements for the pump stations include opera tion of the pumps for approximately 2 to 4 hours per month, as necessary, to maintain their mechanical integrity. Therefore, temporary operation of the pump stations for testing and maintenance purposes is allowed and is not subject to the discharge criteria of the specifi c conditions of this permit. However, the permittee shall include all such discharge flows and loads as a part of the monitoring requirements of this permit.

10. STA Operations Plan. Upon completion of and compliance with the requirements specified herein, the permittee shall submit to the Department, at the addresses listed in Specific Condition 1, an updated Operations Plan for this facility, subject to modification under the cond itions set forth below.

If at any time changes to the STA-3/4 Operations Plan are warranted to optimize facility operation, and upon verification of data to be supplied by the permittee that justifies the need for such modification, the OperationsEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 12 of 35

Plan may be modified as mutually agreed upon by the De partment and the permittee. The Operations Plan shall also include the information described in A-G, below.



### A. Minimum Water Level Targets to Avoid Dryout . In accordance with the relevant project design documents, the permittee shall plan to maintain a minimum of six (6) inches of water w ithin STA-3/4 to prevent dryout of the treatment cells, subject to available water from the upstream watershed. The average elevations for each cell as determ ined in the detailed topographic survey performed for the STA-3/4 design are as follows:

Cell 1A = 9.35 ft. NGVD
Cell 1B = 9.25 ft. NGVD
Cell 2A = 9.70 ft. NGVD
Cell 2B = 9.70 ft. NGVD
Cell 3 = 9.60 ft. NGVD

Topographic data were utilized to establish the static water level in STA-3/4. The corresponding minimum static water control elevations to prevent dryout (based on the prevailing ground elevations noted above) are as follows. During drought events, the permittee shall, to the maxi mum extent practicable, maintain these
minimum water control elevations.

Cell 1A = 9.85 ft. NGVD
Cell 1B = 9.75 ft. NGVD
Cell 2A = 10.15 ft. NGVD
Cell 2B = 10.15 ft. NGVD
Cell 3 = 10.25 ft. NGVD

B. Responding to Dryout Conditions . The permittee shall evaluate and correct potential adverse dryout effects on the wate r quality performance of STA-3/4. If the compliance requirements in this permit are not met due to dryout conditions, then the permittee shall propose modifications to the Operations Plan as appropriate and as approved by the Department.

C. Maximum Water Level Targets . The permittee shall ensure to the maximum extent practicable that maximum water depths of 4.5 feet are not exceeded for more than 10 consecutive days during storm events.

D. Phosphorus uptake optimization . Operations shall be conducted to distribute the flows and water levels within STA-3/4 to optimize the phosphorus reduction performance and shall be updated as nece ssary to include the results of the permittee’s STA optimization research conducted pursuant to Subsection (4)(d)(7) of the EFA.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 13 of 35



### E. Hydropattern Restoration . STA-3/4 shall be operated in such a manner to be consistent with the activities proposed to restore the hydropattern of the Everglades Protection Area, as described in Specific Condition 11 below.

F. Operations Plan Modifications . If data from the opera tion of STA-3/4 indicate that operations are adversely affecting water quality or performance of STA-3/4, then the Operations Plan may be modifi ed, as approved by the Department. The District may implement modifications to the Operations Plan for hydraulic or other justifiable reasons pertaining to operations.

G. Operational Envelope . The permittee shall ensure to the maximum extent practicable that authorized operation of the existing components of the facility donot exceed the operational envelope for STA-3/4, as set forth in the existing STA3/4 Operations Plan.

Hydropattern Restoration. This permit does not authorize the hydropattern restoration of WCA-3A. Once the performance of STA-3/4 attains the WQBEL has been optimized and long

- term water quality solutions for S

- 7/S

- 2 and S

- 8/S

- 3 basins have been implemented , it is anticipated that discharges from STA-3/4 could be directed southward directly across the
L-5 canal and levee will be diverted directly into WCA-3A to assist in hydropattern restoration in accordance with Subsection (4)(b) of the EFA. Future WCA-3A hydropattern restoration plans will be coordinated with CERP implementation. Implementation of hydropattern restoration in WCA-3A associat ed with STA-3/4 will require review and approval by the Department and USEPA in the form of a modification to this permit. If hydropattern restoration proceeds, monitoring will be required along a transect in WCA3A downstream of the STA 3/4 discharge. The purpose of this monitoring will be to document the effect of the discharge on the downstream EPA marsh and changes in downstream water quality and cumulative phosphorus impacts. Transect monitoring will begin one year prior to the commencement of hydropatterm restoration discharges in order to document baseline
conditions. The modification will require downstream monitoring which must be implemented sufficiently in advance to establish a scientifically

- defensible basel ine and may include transect monitoring, if appropriate. The monitoring plan should be submitted to the Department for review and approval prior to the commencement of monitoring.

In accordance with Subsection (4 )(b) of the EFA, the permittee shall operate the STAs in order to improve and restore the Everglad es water supply and hydroperiod. The permittee shall operate the Everglades Construction Pr oject as specified in the February 15, 1994, Conceptual Design Document (Part VII, Intende d Operation of Plan Co mponents), to provide additional increased flow to the Everglades Protection Area (EPA) through the modification of historical operational practices for regul atory releases from Lake Okeechobee and the
Water Conservation Areas. Pursuant to Subsecti on (4)(b) of the EFA, the expectation is that these practices will achieve an average increas e of 28 percent to the Everglades Protection Area compared to the baseline years of 1979 to 1988. The STAs shall be operated to achieve the goal of providing additional flows to the Ev erglades Protection Area and shall, to theEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 14 of 35



### maximum extent practicable, be coordinated with and consistent with the Lower East Coast Water Supply Plan, the Lake Okeechobee Regul ated Schedule for the Water Conservation Areas, the Central and Southern Florida Project Comprehensive Review Study, and the
entitlement of the Seminole Tribe of Florida to surface water withdrawals under the Water Rights Compact (P.L. 100-228).

11. Implementation of Everglades Agricultural Area Best Management Practices (BMP) Program.

A. Implementation. The permittee shall continue to implement the Everglades Agricultural Area BMP program in accordance with Rule 40E-63, F.A.C.

B. BMP Fluctuations. The permittee shall report phos phorus loads from the EAA to STA-3/4 in excess of those expected unde r the BMP requirements of Chapter 40E-63, F.A.C. as assumed in the design basis and design refinements for STA-3/4.

C. BMP Performance. On an annual basis, the permittee shall evaluate the performance of BMPs in agricultural areas upstream of STA-3/4, consistent with Rule 40E-63, F.A.C., as may be modified, and Subsection (4)(f) of the EFA.

13. Minimization of Wetland Impacts. In accordance with Subsec tion (9)(e)3 of the EFA, the permittee shall comply with the informati on related to minimization of wetland impacts provided in the Permit Application, dated December 17, 2001, attached as Exhibit B, and hereby incorporated by reference.

14. Water Quantity and Flooding Impacts. The permittee shall be responsible for ensuring that the project is operated so as not to a dversely affect adjacent lands with regards to flooding impacts. The permittee shall hold and sa ve the Department harmless for any and all damages, claims, or liabilities, which may aris e from water quantity and/or flooding impacts resulting from the construction and operation of this project.

15. Structures Inspection Plan. Within 60 days from permit issuance, the permittee shall submit to the Department for approval, an in spection plan to evaluate the integrity and functionality of all above ground dikes, lev ees and structures, including pump stations, created under the guidance of a Florida register ed professional engineer. A summary report of annual inspections and any necessary work co mpleted to respond to inadequacies that may have been found during inspections shall be incl uded annually in the Everglades Consolidated Report.

16. Implementation of Source Control Programs.

A. Implementation. The permittee shall continue to implement source control programs in each of the contributing basins in accordance with Chapter 40E-63, F.A.C. and other applicable programs. Basins that do not presently include source control programs shall be monitored to determine if such programs are necessary in the eventEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 15 of 35



### that phosphorus loads to the facility from these basins limit the facility’s ability to achieve the WQBEL.

B. Performance. On an annual basis, the permittee shall evaluate the performance of source controls in the contributing basins and include the findings in the annual report required in Specific Condition 30. The repor t shall include phosphorus loads from the basins and shall describe trends and compare current loads to those determined necessary to achieve the WQBEL.

C. Improvements. If the WQBEL is not achieved and if the assumed inflow concentration used to develop the Ame nded Determination remedy is exceeded, the permittee shall submit a report explaining the causes(s) for the excessive concentration and schedules and strategies for source cont rol improvements necessary to achieve the WQBEL in the annual report.

Phosphorus Conditions

17. Start-Up. During the Start-Up Phase, the District shall monitor phosphorus
concentrations within STA-3/4 to demonstrate that the project is achieving a net reduction in phosphorus. Start-Up Phase operation and phosphor us monitoring within STA-3/4 shall be performed as follows:

A. Recirculation. During Start-Up, the District may recirculate waters within the STA.

B. Treatment Cell Start-Up. Portions of the STA-3/4 facility may operate independently
of each other. Under those circumstances , performance of operating portions of the
STA shall be measured as follows:

1) In order to ensure that no discharge of pollutants occur due to the inundation of soils within STA-3/4, the permittee sha ll comply with the following for each
cell:

a) The permittee shall manage water depths in STA-3/4 to facilitate the recruitment of marsh vegetation. b) On a weekly basis, the permittee sha ll monitor water quality at the upstream side of inflow stations G-370 (flow pa th Cell 1) and G-372 (flow path Cells 2 & 3), and the upstream side of outflow structures G-376B and G-376E (Cell 1B), G-379B and G-379D (Cell 2B), and G-381B and G-381E (Cell 3) (See Figure 1). c) The Start-Up Phase for STA-3/4 shall end when these samples demonstrate, over a four-week period, a net reducti on in phosphorus occurs, per Specific
Condition 16.B.d. d) This net reduction shall be deemed to occur when the 4-week geometric mean total phosphorus water column concentration from samples collected at the G-376B, G-376E, G-379B, and G-379D out flow structures is less than the 4-week geometric mean total phosphorus water column concentration collected at G-370 pump station for the eastern flow-ways (Cells 1A/1B andEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 16 of 35



### Cells 2A/2B) and the 4-week geometri c mean total phosphorus water column concentration from samples collected at the G-381B and G-381E outflow
structures is less than the 4-week geometric mean total phosphorus water column concentration collected at the G-372 pump station for the western flow-way (Cells 3A/3B). If STA-3/4 ha s not met this test within two months after beginning start-up operations, the permittee shall submit monthly reports of the 4-week geometric mean difference. If after six months, the system has not met the 4-week start-up test, the permittee shall evaluate vegetative conditions and identify strategi es to achieve that test. Discharge from STA-3/4 may commence at the end of the start-up period. Some of the treatment cells may meet the net reduction criteria before the others; therefore, to maximize treatment eff ectiveness of STA-3/4, discharges may
commence from each of the treatment ce lls as soon as they meet the net reduction test for phosphorus.

2) Pesticide Sampling. The permittee shall conduct a one-time monitoring at the inflow structures G-370 (flow path Cell 1) and G-372 (flow path Cells 2 & 3)
and the outflow structures G-376B a nd G-376E (Cell 1B), and G-379B and G379D (Cell 2B), and G-381B and G-381E (Ce ll 3) for the pesticides indicated in
Table 1.

C. Alternative Data. When required by flow or water levels, alternative representative data may be provided by the District to de monstrate that any portion of the STA-3/4 facility is achieving start-up compliance requirements.

D. Initiation of Flow-Through Operation. Start-Up Phase documentation shall be submitted to the Department and shall include all supporting data and analyses. When STA-3/4, or individual cells of STA- 3/4, meets the start-up criteria, routine flow through operation for STA-3/4, or i ndividual cells of STA-3/4, may begin. Once flow-through discharges begin, the District shall initiate water quality monitoring consistent with the monitoring program described in this permit.

E. Interim Operations. Prior to the full flow-through ope ration of STA-3/4, discharge of excess inflows may be diverted th rough the G-371 and G-373 structures during times when the discharges from S-7 and/or S-8 exceed the safe flow-through capacity of STA-3/4, or when stages with in the cells exceed target levels or established vegetation is threatened.

F. Mercury Monitoring. The Start-Up Phase is also dependent on the individual treatment cells demonstrating a net impr ovement in total mercury and methyl mercury, in accordance with the provisions of the mercury monitoring condition (2)
in Exhibit C.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 17 of 35



### 16. Stabilization. Following completion of the Start

- Up Phase, the project shall begin a period of stabilization, in accordance with Subs ection (9)(h) of the EFA. The stabilization period for STAs is generally anticipated to last 2 to 3 ye ars after the start

- up phase ends. During that period, compliance with the criteri a in Subsection (9)(h) of the EFA shall be
evaluated as follows:

After start

- up operations have ended and flow project flow

- through operations and discharges have begun fro m each flow

- way, the District shall operate and monitor STA

- 3/4, allowing for a stabilization period. The stabilization period for STA

- 3/4 shall end when the
12 month flow

- weighted average total phosphorus concentration at the outflow stations is
less tha n or equal to 50 ppb. Starting 12 months af ter commencing discharge from each flow

way, the District shall provide rolling 12 month flow

- weighted average total phosphorus concentration in monitoring reports. If, af ter the first two years of full project f low

- through operation, the STA has not met this stabilization test, the District shall submit a report which shall compare the flow weighted mean of the total phosphorus discharge data from the most
recent 12

- month period (e.g., months 13

- 24) with the fl ow

- weighted mean of the total phosphorus discharge data from the previous 12 month period (e.g., months 1

- 12) to ensure that performance of the STA is not declining, based upon a Student’s t

- test at the 95% confidence interval. This report is to be sub mitted 90 days after the end of each reporting period . If at any time, the STA performance indicates that this test will not be met by December 31, 2006, the permittee shall submit a report on the progress made towards meeting the stabilization requiremen ts and an analysis of the system operation and shall submit and initiate implementation of an optimization plan designed to reach the phosphorus stabilization goal by December 31, 2006.

17. Post Stabilization / Normal Flow

- Through Operations. From the end of the stabilization period, until the beginning of the long

- term compliance period discharges from
STA

- 3/4, via the G

- 376B, G

- 376E, G

- 379B, G

- 379D, G

- 381B, and G

- 381E structures, shall
meet an annual flow

- weighted average total phosphorus concentration at t he outflow stations of less than or equal to 76 ppb for each water year, (May 1

- April 30). In addition, the discharges shall not exceed an annual flow we ighted average total phosphorus concentration of 50 ppb for three or more consecutive water years. Both tests are simultaneously applied to ensure that the design objectives of the STA

- 3/4 project are met.

Conditions for Parameters Other than Total Phosphorus

18. Comparison of Outflows to Inflows. For all water quality parameters indicated in the Monitoring Table other than total phosphorus and dissolved oxygen, inflow and outflow samples collected at the sampling locations identified in Table 2 (See Figure 1) shall be used to determine compliance with this specific c ondition. Compliance with this specific condition
shall be evaluated as follows:EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 18 of 35



### A. If the annual average outflow concentration does not cause or contribute to violations of applicable Class III water quality standards, then the facility shall be deemed in compliance with this condition.

B. If the annual average concentration at the out flow causes or contributes to violations of applicable Class III water quality standards, but does not exceed, or is equal to, the annual average concentration at the inflow st ations, then the facility shall be deemed in compliance with this condition.
C. If the annual average concentration at the out flow causes or contributes to violations of applicable Class III water quality standa rds, and also exceeds the annual average concentration at the inflow station, then the facility shall be deemed out of compliance with this condition.

19. Dissolved Oxygen. The permittee shall comply with the requirements for dissolved oxygen and the associated compliance schedul e listed in Administrative Order AO-008-EV, attached as Exhibit D, and herein incorporated by reference.

20. Public Health, Safety, or Welfare . Pursuant to Subsection (9)(h)3 of the EFA, discharges from the STA-3/4 Project shall not pose a serious danger to the public health, safety, or welfare.

Factors Impacting Compliance

22 1. Factors Outside the Permittee’s Control. In the event that non-compliance or failure
to achieve the WQBEL performance objectives results for any reason other than those listed below, the permittee shall take appropriate remedial measures.

A. Anomalous Rainfall. Compliance with Specific Conditions 16

- 19 shall not be tested in water years when the EAA annually adju sted rainfall, as defined in Rule 40E

- 63, F.A.C., exceeds 63.8 inches, or is less than 35.1 inches (based on the minimum and
maximu m annual rainfall values for the EAA during water years 1979 thru 1988), and sufficient supplemental flows are not availa ble to maintain wet conditions in STA

3/4. In this instance, results from adjacen t years will be treated as consecutive for

purposes o f testing compliance. The Department may make similar adjustments where emergency discharges occur.

B. Natural Background. Deviations from water quality standards may occur as a result of natural background conditions, in accordance with Section 403.02 1(11), F.S. The Department shall evaluate such deviations as a part of the Department’s evaluation of water quality standards in accordance with Subsection (4)(e)4 of the EFA.

C. Random Variation. The District shall report any statistical uncertainty i n the methodology using acceptable scientific methods.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 19 of 35



### D. Vegetation Conditions

. The District shall report whether vegetation conditions in
STA

- 3/4 have contributed to the non

- compliance. The permittee shall prepare an analysis of the vegetation coverage o f STA

- 3/4 as compared with the baseline vegetation coverage maps developed in accordance with the monitoring conditions found in Specific Condition 29.

A E

. Other Factors . Unavoidable legal barriers or restraints, including those arising from actions or regulations not under the control of the permittee.

2 2 3 . Emergency Conditions. Discharges from STA-3/4 or diversion bypass of waters from the STA-3/4 inflow structures through the G- 371 and/or G-373 structures shall also be allowed in accordance with Section 373.439, F.S., or when water conditions within STA-3/4 may damage existing marsh vegetation. When a diversion bypass event or series of proximal
diversion bypass events is anticipated due to aforementioned conditions, the permittee shall notify the Department of the anticipated event via email. After major diversion bypass

events, t he permittee shall submit a diversion bypass summary report to the Department. The
diversion by pass summary report shall contain information regarding the circumstances related to the discharge, as well as durati on of the discharge and may be submitted in electronic format via email. Summary reports of minor bypasses diversions , not associated with Section 373.439 F.S. emergency measures, shall be submitted by the permittee on a monthly basis.

Renewals and Modifications

23. Permit Renewal. At least 60 days prior to the e xpiration of this permit, the permittee shall apply for renewal of this permit. Renewa l may be for a period of 5 years in accordance with Subsection (9)(f) of the EFA.

24. Permit Modifications for Technological Advances. Pursuant to Subsection (9)(j) of the EFA, the permittee may submit proposed modi fications to the STA-3/4 Project, including proposed superior technologies to be incorporat ed into the operation of the STA-3/4 Project, to the Department for a determination as to whether a permit modification is necessary. Within 30 days after receipt of such a submitta l, the Department shall notify the permittee as to whether a permit modification is necessary. Minor modifications can be processed in letter format. The Departments shall determin e whether the modification is minor or major based on the nature and magnitude of the pr oposed modification and the potential for the modification to have environmental impacts that are significantly different from those previously considered by the Department for the activity, pursuant to Rule 62-343.100, F.A.C. The permittee shall be required to publis h a notice of application pursuant to Section 373.413 (3) and (4), F.S., as applicable, for any major permit modifications required in accordance with this specific condition.

25. Permit Modifications for Design Changes. The District shall submit proposed modifications of the STA-3/4 Project to the Department prior to implementation of theEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 20 of 35



### modifications for review and approval by the De partment. Such modifications may include,
but not be limited to:

A. Modifications to Achieve Design Objectives . Pursuant to Subsection (9)(j)3 of the EFA, the District shall modify the STA-3/ 4 Project, including modifications of the Operations Plan, if the project is not achieving the design objectives of the Everglades Construction Project;

B. Modifications for Future Facilities. If the monitoring data indicates the need for
the construction of future facilities or structures, the permittee may apply for modifications to the STA-3/4 Project, as appropriate to accommodate alterations in operations of STA-3/4 in conjunction with the construction and operation of the new
facilities or structures.
C. Modifications for WCA-2A and WCA-3A Hydropattern Restoration Activities. The permittee may modify the operation of the STA-3/4 Project if inter-agency agreements based on research and monitoring activities justify the need for such
modification to assist in the restorati on of the hydrology and biological status of WCA-2A or WCA-3A, pursuant to Subsecti on (4)(b) of the EFA and the design of the Everglades Construction Project (ECP-4).

26. Permit Modifications for Long Term Compliance. Pursuant to Subsection (10)(a) of the EFA, the District shall submit to the De partment a permit modification to incorporate proposed changes to the Everglades Constr uction Project and this permit by December 31, 2003. These changes shall be designed to achie ve compliance with the phosphorus and other state water quality standards by December 31, 2006.

27. Department Review and Approval. Where conditions in this permit require Department review and approval of remedial actions or plan modifications to be implemented pursuant to this permit, the De partment will consult with the permittee to ascertain whether mutual agreement can be reached. If mutual agreement on the remedial actions or plan modifications cannot be reache d, the action of the Department will be deemed final agency action and will be subject to judicial or administrative review, as appropriate.

28. Bypass may occur during the operation of STA-3/4. The District shall notify the Department within 48 hours subsequent to a ny unanticipated bypasses of flow through the G371 and G-373 Diversion Structures and the Distri ct shall notify the Department as soon as practicable in advance of anticipated bypasses, with the exception of routine maintenance activities. The submitted notification shall include a description of the circumstances related to the bypass and a projection of the anticip ated duration of the bypass. All bypasses occurring through the G-371 and G-373 Diversion Structures shall be monitored for the parameters listed in the table below. As s oon as practicable after cessation of all bypasses, the District shall submit a summary of the data collected from the table below, and identify the duration of the bypasses. Bypasses shall be limited to the shortest time possible and are not allowed solely to achieve the WQBEL. Bypasses are subject to and must meet the requirements of F.A.C. Secti ons 62-620.610(20), (21), and (22).EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 21 of 35

Table 1. Required Monito ring for All Bypasses

Parameter Units Sample Type Frequency Total Phosphorus at
the G-371 and G-373

structures mg/l Grab Weekly if flowing

Flow G-371 and/or G373 structures CFS Calculated Daily Average



### SPECIFIC CONDITIONS FO R MONITORING PROGRAM

In accordance with Subsection (9)(h) of the EFA, the following monitoring conditions are intended to assess the water quality of th e discharges of the STA-3/4 Project, achievement of the WQBEL specified herein, to assess the ability of the STA in achieving the design objectives of the Everglades Construction Project, and to measure progress towards achieving state water quality standards.

29. Monitoring Program. Monitoring performed in accordance with this permit shall include the vegetation and water quality and qua ntity parameters listed below and in the attached tables. At a minimum, the mon itoring program for the STA-3/4 Project, shall include the following:

A. Aerial vegetation photographs and mapping. Within twelve months after start-up, the permittee shall submit a baseline vegetation coverage map for STA-3/4, based upon ground-truthed aerial photographs. The ba seline vegetation coverage map shall include color codes for cattail, open wate r, and mixed marsh vegetation, although the latter category may be broken down into sub categories if dominated by certain types of vegetation. From the baseline vegeta tion coverage map, the extent of area coverage of each vegetation cover type w ithin STA-3/4 shall be assessed. Following completion, the baseline vegetation coverage map and a summary of the extent of area coverage of each vegetative coverage type shall be included in the following annual monitoring report to be submitted to the Department in accordance with Specific Condition 30.

In the event that the water quality perfor mance requirements of Specific Conditions 16-21 are not being met, the Department may require the permittee to develop additional vegetation coverage maps of ST A-3/4, developed using the same methods as for the baseline vegetation coverage map. The additional maps shall be developed within six months after such notification by the Department.

Based upon the vegetation coverage maps and the water quality performance information submitted in accordance with this permit, the operations plan for theEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 22 of 35



### STA-3/4 Project may be modified in acco rdance with Specific Conditions 25-28. The permittee must use their best efforts to m odify the operations plan for the STA-3/4 Project, as soon as the vegetation analysis provides information warranting modification of the operations plan.

B. Research and Monitoring Program . In accordance with the water quality research and monitoring objectives of Subsections (4 )(d) and (9)(h)2 of the EFA, the permittee shall implement an EFA Research and Monitoring Program, which shall be in addition to the effluent monitoring require d in this permit. This program shall
evaluate the effectiveness of the STAs in improving water quality and maintaining designated and existing beneficial uses of the EPA and tributary waters. The research monitoring of the STAs shall include specific analysis for each treatment cell of each
STA to determine treatment effectiveness for each of the cells and to obtain data needed for STA performance optimization. Results of research efforts shall be reported as part of the annual Everglades Consolidated Report.

1) Start-Up Phase Monitoring Program. For the first four weeks after flow-throughoperation of STA-3/4 begins, the permittee shall monitor total phosphorus at G370 and G-372 (Inflow locations) a nd G-376B, G-376E, G-379B, G-379D, G381B, and G-381E (Outflow Locations) in accordance with Table 2, and shall submit data to the Department within 60 days after the last date of sampling.

2) Mercury Monitoring Program. The permittee shall monitor mercury, report the results obtained, and take all necessary actions as specified in the document entitled “Mercury Monitoring Program,” which is hereby incorporated by reference and made a part of this permit as Exhibit C.

3) Routine Monitoring Program. The permittee shall conduct a Long-Term Monitoring Program at G-370, G- 372, G-376B, G-376E, G-379B, G-379D, G381B, and G-381E, and report the results to the Department, in accordance with the annual reporting requirements of this permit for the parameters listed in Table 2 of the “Monitoring Required” section of this permit. Data from this program may provide the basis for additional permit compliance requirements.

4) Representative Monitoring Program. The pe rmittee shall collect grab samples at all outflow locations (G-381 A-F, G-379 A-E and G-376 A-F structures) in order to verify whether discharge water quality can be adequately characterized by monitoring at a limited number of outflow di scharge structures in each flow-way. This program should include monthly grab samples collected concurrently from
each outflow location. It should be initia ted at Start-Up and should be conducted until sufficient data is gathered to s upport conclusions regarding water quality comparability amongst the stations in indi vidual flow-ways. The permittee shall
submit an evaluation of this data to th e Department for approval upon determining
that sufficient data exists to s upport conclusions. Upon approval by theEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 23 of 35



### Department, the permittee may cease this monitoring program. Data from this program may provide the basis for modifi cations to the number and location of outflow compliance monitoring stations and may be used to determine compliance with Specific Conditions 16-18.

5) Monitoring for Future Facilities or Structures. The permittee shall continue to collect the data from the STAs, includi ng STA-3/4, and other applicable data needed to determine the effective settling rate for the STAs, the efficiency and effectiveness of STA-3/4 in treating wate rs from the EAA, and to adequately assess the need, if any, for future treatment wetland facilities or structures.

6) Monitoring for effectiveness of corrective actions related to former land use. As part of the start-up monitoring program, as identified in Table 1, the permittee shall monitor and evaluate potential impacts from historical land use and the effectiveness of completed corrective ac tions. Pre-construction contamination assessments and ecological assessments have identified concentrations of pesticides, petroleum, and metals (“com pounds of concern”), related to former agricultural application and operations (e.g., pump stations, mix/load areas, storage facilities, and airstrips). Various contam inants including but not limited to, those found in Table 3, were found to be present at concentrations of potential ecological and/or human concern and corrective actions, to address identified contamination or known conditions, were implemented pr ior to construction of the STA and associated structures. This compounds of concern monitoring program is intended to provide long term assessment to determ ine if operation of the permitted system causes detrimental release of compounds, currently bound to soils, into the water column or creates a sediment system that poses an ecological threat. Therefore, at a minimum the monitoring plan should incl ude the parameters and frequency of monitoring listed in Table 3.

30. Annual Monitoring Reports. All studies and other repor ts and submittals required by this permit shall be submitted to the Department in an “ Annual Report.“ The Annual Reports are to be received by the Department no later than January March 1st of each year following the date of issuance of this permit. Each A nnual Report shall present the information for the previous water year, from May 1 st 

### to April 30 th 

### . The District may consolidate the reporting requirements of this permit into the Everglades Consolidated Report. If additional reporting modifications are required, and upon approval by th e Department, the District may modify the Annual Report submission date to coincide with multiple reporting requirements and time periods needed for data acquisition and analysis . In addition to the permit number and name of the permit administrator, the Annual Reports shall contain, at a minimum, the following
information:

A. Quality Assurance and Quality Control. Sampling and monitoring data shall be collected, analyzed, reported and retained in accordance with Chapter 62-160, F.A.C. Any laboratory test required by this permit shall be performed by a laboratory thatEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 24 of 35



### has been certified by the Department of Health (DOH) under Chapter 64E-1, F.A.C., where such certification is required by Ru le 62-160.300, F.A.C. The laboratory must be certified for all specific method/analyte comb inations that are used to comply with this permit. The analytical method used sha ll be appropriate so as to determine if the sample complies with Class I and Cla ss III surface water quality standards as specified in Chapter 62-302, F.A.C., and groundwater standards as specified in Chapter 62-530, F.A.C., whichever is more stringent. All field activities including on-site tests and sample collection, whet her performed by a laboratory or another organization, must follow all applicable procedures described in DEP-SOP-001/01 (January 2002). Alternate field procedures and laboratory methods may be used if they have been approved according to the requirements of Rules 62-160.220, and 62- 160.330, F.A.C.

B. Water Quality Data . Records of monitoring information shall include all applicable laboratory information specified in Rule 62-160.340(2), F.A.C. including the following:

1) Date, location, and time of sampling or measurements;

2) Person responsible for performing the sampling or measurements;

3) Dates analyses were performed or the a ppropriate code as required by Chapter 62- 160, F.A.C.;

4) Laboratory/Person responsible for performing the analyses;

5) Analytical methods used, including MDL and PQL;

6) Results of such analyses, including appr opriate data qualifiers, and all compounds detected;

7) Depth of sampling;

8) Flow conditions and weather conditions at time of sampling; and,

9) Monthly flow volumes.

Also the following records must be kept on file for reference during the duration of the project but are not required to be submitted in annual reports.

10) Field sampling and laboratory quality manuals

11) Sampling and analysis notes, as re quired under Ch. 62-160 FAC and NELAC Quality Systems (1999), respectively.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 25 of 35



### C. Hydraulic Retention Time. Calculations for reporting which require averaging of measurements shall be weighted by flow valu e. In order to account for the estimated hydraulic retention times within the STA, comparison of the moving annual average inflow and outflow levels for all parameters established in the start-up monitoring program of the monitoring plan shall be calculated by comparing the outflow data from one 12-month period with the inflow data from the 12-month period which begins one month prior to that of the outflow data.

D. Performance Evaluation.

1) The operations status of the STA, st ating whether the STA is in start-up, stabilization, or normal flow

- through routine operations;

2) A comparison of inflow water quality data with outflow water quality data using the student’s t-test with a 95% confidence intervals; and,

3) Beginning with the second Annual Report, a A comparison of performance of current reporting year with performance in previous years.

E. Herbicide and Pesticide Tracking. The perm ittee shall provide, in each annual report, information regarding the application of herbicides and pesticides used to exclude/eliminate undesirable vegetation and pe sts in the wetted area of the treatment cells. Such reporting shall include the names, concentrations, locations, and quantities of all herbicides and pesticides used.

F. Implementation Schedules. The Annual Report When appropriate, the permittee shall provide details include information on:

1. Implementation of the WQBEL and activities required by this permit and affecting flows and loads to STA-3/4;

2. Source Control implementation and optimization ;

3. STA design modifications affecting implementation of the WQBEL and activities required by this permit;

4. Improvements, enhancements, and strategies that have been initiated and/or completed within the previous year;

5. Any delays in the implementation of the improvements, enhancements, or strategies, the duration of the delays, the reason(s) for the delays, a nd the expected timeframe for their resolution;

6. The operational status of the STA, stating whether the STA is in routine operations or start-up
stabilization. If the facility is in start-up non

- routine oper ations during the reporting period, the report shall also include the date at which the facility entered start up or stabilization phase and the length of time it remained or is expected to remain in that phase; Achievement of effluent limitations set f orth in
the TBEL and/or

7. Implementation of STA Recovery Plans;EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 26 of 35

8. Whether revisions and/or additions to the requirements of this permit improvements, enhancements, and strategies are recommended;

9. Whether the facility was operated within or outside of the operational envelope ; and 10. Implementation of remedial measures in th e event of noncompliance with permit conditions.



### ECP implementation;

2) BMP implementation and optimization;

3) STA optimization ;

4) Project design modifications ;

5) Implem entation of remedial measures in the event of noncompliance with permit conditions;

F. The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under the Endangered Species Act or Migratory Bird Treaty Act. The report should include the species involved, an estimate of the numbe r of individuals involved, actions taken to avoid deleterious impacts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estimate of when facility operation will no longer be impacted or
constrained.



### 31. Removal of Parameters. Upon demonstration that a specific parameter(s) is not present or is found consistently in compliance with Class III Water Quality Standards, the permittee may request a modification to the monitoring program as appropriate. A minimum of one year’s worth of data, for those parameters be ing sampled quarterly or more frequently, will be required prior to the Department approving any modification to the monitoring program. Parameters sampled semi-annually or annually will be examined on a case-by-case basis. The Department may approve a reduction of the m onitoring frequency or waive the monitoring requirement for parameters that consistently are reported as in compliance with state water quality standards.

32. Addition of Parameters. If the Department has reason to believe that additional parameters exist that may cause or contribute to water quality violations in the project area, those parameters shall be added to the monitoring section of this permit as a permit
modification.
33. Public Health, Safety, or Welfare. Data from the Everglades Nutrient Removal Project, STA-1W, STA-2, STA-5, and STA-6, as well as, the monitoring and compliance requirements of this permit, provide reasonable a ssurances that discharges authorized by this permit will not pose a serious danger to the public health, safety, or welfare. If warranted by additional information, the Department may include additional monitoring or compliance conditions in this permit, in accordance with Specific Condition 26 and Subsections (9)(g) and (11)(a)2, of the EFA.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 27 of 35



### 34 .Emergency Suspension of Sampling. Under hurricane, tropical storm warnings, or other extreme weather conditions, the permittee’s normal sampling schedule may be suspended if necessary. The permittee shall notify the Depart ment’s Southeast District and Water Quality Standards and Special Projects Program at th e addresses and telephone numbers listed in Specific Condition No. 3, above, of any anticip ated sampling suspension associated with hurricanes, tropical storms, or other extreme weat her events that may require deviation from the normal sampling schedule. Within 14 days following the cessation of emergency conditions, the permittee shall notify the Departme nt of when normal sampling is expected to

resume.

Discharge Limits and Monitoring:

Table 2: Discharge Limitations a nd Associated Monitoring Requirements

Discharge Limitations Monitoring Requirements

Parameters (units) Daily
Minimum Daily
Maximum Other Monitoring Frequency Sample Type Sample
Point

Not to exceed 10

as a geometric

mean (GM) annual average in

more than two consecutive years 18 as a flowweighted

mean (FWM)
annual

average Phosphorus, Total (as P) (ppb) -- --

See Footnote 1,2,3,4 below Weekly GM – based on grab samples
collected

when discharge

occurs

FWM - 7- day flow proportioned

composite outflow

Phosphorus, Total (as P) (ppb) -- -- Report 5 Weekly 7-day flow proportioned

composite inflow

Oxygen, Dissolv ed (DO) (mg/L) Report See Specific Condition 23 Weekly Grab (Meter) Inflow/
outflow

1 All outflow TP monitoring results shall be reported as separate weekly values without rounding to whole numbers. The results shall also be reported as FWM annual averages that are calculated based on th e FWM of the weekly values. The results shall also be report ed as GM annual averages that are calculated based on all sample point week ly values collected when discha rge occurs in the previous 12 months. All FWM and GM annual averages shall be reported to the neares t whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall be reported as 10 ppb.

2 The discharge shall not cause phosphorus concen trations in the receiving waters to be a ltered so as to cause or contribute to a n imbalance in natural populations of aquatic flora or fauna. The discharge shall not cause phosphorus concen trations in the receiving waters to exceed the criteria in Rule 62-302.540(4)(a), F.A.C. Beginning at the e nd of April after the permit eff ective date and at the end of each April thereafter, the permittee shall report the FW M annual average using data it collected for the prior 12 months. Beginning at th e end of April after the permit effective date and at th e end of each April thereafte r, the permittee shall report the GM annual average using data it collected for each of the prior 3 years.

3 In the year following any two consecutive years where the TP GM annual average ex ceeds 10 ppb, the permittee shall report quart erly the GM of all monthly TP values for that y ear. If that mean exceeds 10 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its ev aluation of why that mean is as high as it is and the specif ic steps it is taking to ensure that the TP GM for that year will not exceed 10 ppb.

For the TP FWM WQBEL, the permitt ee shall report quarterly the average of all monthl y FWMs for that year. If that average exce eds 18 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report o f itsEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 28 of 35

evaluation of why that average is as high as it is and the speci fic steps it is taking to ensure that the TP FWM annual average for that year will not exceed 18 ppb.

4 If the facility does not meet the FWM WQB EL in any year, the permittee shall report the annual load of TP discharged by the ST A into the Everglades that is in excess of the WQBEL load (based on 18 ppb). If the facility does not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBE L load (based on 10 ppb) for that year and the previous two years.

5 All inflow TP monitoring results shall be reported as separate weekly values without rounding to whole numbers. All results sh all also be reported as monthly averages and as FWM annual averages. The m onthly averages and FWM annual averages shall be calculated base d on the FWM of the weekly values and shall be reported to the nearest whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10. 49 ppb shall be reported as 10 ppb).



### MONITORING REQUIRED:

Key for Table:

Sample Type: G = Grab sample FPC = Flow proportionate composite sample INSITU = In Situ field sample CAL = Calculated parameter PR = Pump record TB = Tipping bucket HYDRO = Hydrolab

Sample Locations: Inflow Sites = G-370 and G-372 Pump StationsOutflow Sites = G-376B, G-376E, G-379B, G-379D, G-381B and G381E Structures

Sample Frequency: W = Weekly BI-W = Once every other week (26 samplings per year) Q = Quarterly DAV = Daily averages of continuous sampling DAC = Daily accumulation of continuous samplingEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 29 of 35



### TABLE 2 - STA-3/4 START UP PESTICIDE MONITORING
DEP ANALYSIS GROUP "AA" and "BB"

Chlorinated acids Water Units Sediment Units Sampling Locations 2,4-D Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### 2,4,5-T Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### 2,4,5-TP Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### Organochlorine compounds ALDRIN Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### ALPHA BHC Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### BETA BHC Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### GAMMA BHC Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### DELTA BHC Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### CARBOPHENOTHION Yes ug/L Ye ug/Kg See key for inflow and
outflow sites 

### CHLORDANE Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### DICOFOL Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### DIELDRIN Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### DDD-P,P' Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### DDE-P,P' Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### DDT-P,P' Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### ENDOSULFAN ALPHA Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### ENDOSULFAN BETA Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### ENDOSULFAN SULFATE Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### ENDRIN Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### ENDRIN ALDEHYDE Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### HEPTACHLOR Yes ug/L Yes ug/Kg See key for inflow andEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 30 of 35



### outflow sites 

### HEPTACHLOR EPOXIDE Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### METHOXYCHLOR Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### MIREX Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### TOXAPHENE Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### TRIFLURALIN Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### CHLOROTHALONIL Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### CYPERMETHRIN Yes ug/L No ug/Kg See key for inflow and
outflow sites 

### PERMETHRIN Yes ug/L No ug/Kg See key for inflow and out f
sites 

### PCB'S 1016,1221,1232,1242,1254,1260 Yes ug/L Yes ug/Kg See key for inflow and
outflow sites 

### Organophosphorus & nitrogen compounds (water insol)
ALACHLOR Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### AZINPHOS METHYL Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### CHLORPYRIFOS ETHYL Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### CHLORPYRIFOS METHYL Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### DIAZINON Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### ETHION Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### ETHOPROP Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### FONOFOS Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### MALATHION Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### MEVINPHOS Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites



### NALED Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### PARATHION METHYL Yes Ug/

L yes ug/Kg See key for inflow and
outflow sitesEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 31 of 35



### PARATHION ETHYL Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### PHORATE Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### FENAMIPHOS Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### BUTYLATE Yes Ug/

L no ug/Kg See key for inflow and
outflow sites


### AMETRYN Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### ATRAZINE Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### METRIBUZIN Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### PROMETRYN Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### SIMAZINE Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### METOLACHLOR Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### METALAXYL Yes Ug/

L no ug/Kg See key for inflow and
outflow sites


### HEXAZINONE Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### NORFLURAZON Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### DISULFOTON Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### DEMETON Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites 

### Urea and other pesticides BROMACIL Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### DIURON Yes Ug/

L yes ug/Kg See key for inflow and
outflow sites


### LINURON Yes Ug/

L yes ug/Kg See key for inflow and
outflow sitesEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 32 of 35



### TABLE 3 - EFA ROUTINE MONITORING PROGRAM

PARAMETER UNITS SAMPL E

TYPE SAMPLING FREQUENC Y SAMPLING
LOCATION Alkalinity mg/l G BI-W See key for inflow and
outflow sites Ammonia mg/l G BI-W See key for inflow and
outflow sites Chloride mg/l G BI-W See key for inflow and
outflow sites Dissolved Oxygen (See Attached Administrativ e Order AO-008-EV) See key for inflow and
outflow sites

Mercury (See attached Mercury Monitoring Program) See key for inflow and
outflow sites

PH SU INSITU W See key for inflow and
outflow sites Specific Conductance Umhos INSITU W See key for inflow and
outflow sites Temperature Deg C INSITU W See key for inflow and
outflow sites Turbidity NTU G BI-W See key for inflow and
outflow sites Total Phosphorus mg/l FPC/G W See key for inflow and
outflow sites Start-up Sites (see Spec 28.B.1) Total Nitrogen mg/l G BI-W See key for inflow and
outflow sites Total Dissolved Phosphorus mg/l G BI-W See key for inflow and
outflow sites Nitrate + Nitrite mg/l G BI-W See key for inflow and
outflow sites Total Dissolved Nitrogen mg/l G BI-W See key for inflow and
outflow sites Ortho-Phosphate mg/l G BI-W See key for inflow and
outflow sites Total Dissolved Solids mg/l G BI-W See key for inflow and
outflow sitesEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 33 of 35



### Sulfate mg/l G BI-W See key for inflow and
outflow sites Flow CFS PR DAV See key for inflow and
outflow sites Flow CFS CAL DAV See key for inflow and
outflow sites Rainfall Volume Gal TB DAC Rainfall Sampling
Station

TABLE 4 COMPOUNDS OF CONCERN MONITORING PROGRAM

Parameter Medium Units Sample Type Sampling Frequency Sampling
Locations

DDD Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### DDT Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### DDE Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### ATRAZINE Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### CHLORDANE Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### SIMAZINE Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### TOXAPHENE Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### ARSENIC Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### COPPER Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### LEAD Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B


### ZINC Surface Water 1 

### ug/L G 0, 6, 12, and 24 mths 2 

### G-376B, G-379B,
and G-381B

1 

### Sediment monitoring for these parameters will be conducted in accordance with Table 1

2 

### Samples will be collected at Start-Up (0 months) and 6, 12, and 24 months thereafter.EFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 34 of 35



### DONE AND ORDERED on this 9th day of January, 2004, in Tallahassee, Florida.

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION

_________________________________ Jerry Brooks Deputy Director Water Resource Management

FILING AND ACKNOWLEDGMENT

FILED, on this date, under Section 120.52(7), F.S., with the designated deputy clerk, receipt of which is hereby acknowledged.

____________________________________ Jaro Joseph Date

PARTIES REQUESTING NOTICE: Miccosukee Tribe of Indians of Florida, c/o Dexter Lehtinen, Esq. Miccosukee Tribe of Indians of Florida, c/o Kelly Brooks, Esq. United States Sugar Corporation, c/o Bubba Wade Seminole Tribe of Indians of Florida, c/o Stephen A. Walker, Esq. Sugar Cane Growers Cooperative, Roth Farms, Inc., and Wedgeworth Farms, Inc., c/o William H. Green, Esq. Keith Saxe, Esq., U. S. Department of Justice Michael Stevens, U.S. Department of the Interior (fax) Jeffrey J. Ward, Sugar Cane Growers Cooperative Philip S. Parsons, Landers & Parsons Helen Hickman, Brown & Caldwell Tom MacVicar, MacVicar, Frederico, & Lamb Charles Lee, Florida Audubon Society Samuel B. Reiner, II, Esq., Lehtinen O’ Donnell, Vargas & Reiner, P.A. Michelle W. Smith, Esq., Earl, Blank, Cavanaugh & Stotts

COPIES FURNISHED TO: Bob Pace, U.S. Fish and Wildlife ServiceEFA Permit South Florida Water Management District File No. 0192895, STA-3/4 & Assoc. Works Issuance Date: January 9, 2004 Page 35 of 35



### Jim Quinn, FL. Dept. of Community Affairs Charles Oravetz, Nat. Marine Fisheries Service Laura Kammerer, FL. Dept. of State- Historical Resources Don Klima, U.S. Advisory Council on Historic Preservation John Childe, Friends of the Everglades David Reiner, Friends of the Everglades Col. Robert Carpenter, USACOE, Jacksonville Richard Bonner, USACOE, Jacksonville Lloyd Pike, Esq., USACOE, Jacksonville Richard Harvey, USEPA, West Palm Beach Philip Mancusi-Ungaro, Esq., USEPA, Atlanta Roosevelt Childress, USEPA, Atlanta Gina Fonzi, USEPA, Atlanta Dan Scheidt, USEPA, Athens Eric Hughes, USEPA, Jacksonville Janet Bussell, The Everglades Foundation Mark Musaus, Loxahatchee National Wildlife Refuge Mike Zimmerman, Everglades National Park Ken Haddad, Florida Fish and Wildlife Conservation Commission Joe Walsh, Florida Fish and Wildlife Conservation Commission, Vero Beach Steve Coughlin, Florida Fish and Wildlife Conservation Commission, West Palm Beach

ADDITIONAL COPIES FURNISHED TO: Chris Flack, Governor’s Office Henry Dean, SFWMD, West Palm Beach Sheryl Wood, SFWMD, West Palm Beach Gary Goforth, SFWMD, West Palm Beach Neil Larson, SFWMD, West Palm Beach Ron Bearzotti, SFWMD, West Palm Beach Kirk Burns, Esq., SFWMD, West Palm Beach Ernie Barnett, FDEP, Tallahassee Jerry Brooks, FDEP, Tallahassee Frank Nearhoof, FDEP, Tallahassee Temperince Morgan, FDEP, Tallahassee Tom Atkeson, FDEP, Tallahassee John Outland, FDEP, Tallahassee Herb Zebuth, FDEP, West Palm Beach Inger Hansen, FDEP, West Palm Beach Jennifer Fitzwater, Esq., FDEP, Tallahassee John Mitnik, FDEP, West Palm Beach Shelley Yaun, FDEP, Tallahassee Eric Bush, USACOE, Jacksonville

# Florida Department of
Environmental Protection

Bob Martinez Center
2600 Blair Stone Road Tallahassee, Florida 32399-2400 Charlie Crist
Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole Secretary

"More Protection, Less Process” Printed on recycled paper. EVERGLADES FOREVER ACT
CONSTRUCTION AND OPERATION AUTHORIZATION

PERMITTEE: ATTENTION: South Florida Water Management District Ms. Carol Ann Wehle
3301 Gun Club Road
P. O. Box 24680 West Palm Beach, Florida 33416-4680

Permit Number: 0131842-009-EM Date of Issue: January 29, 2009 Project: Stormwater Treatment Area 5/6 (STA-5/6) Expiration Date: September 4, 2014 County: Hendry, Palm Beach, and Broward

This permit is issued in accordance with the Everglades Forever Act (EFA), Section 373.4592, Florida Statutes (F.S.), authorizing operation and maintenance activities for the existing Stormwater Treatment Area 5 (STA-5) and Stormwater Treatment Area 6 (STA-6), hereinafter referred to as STA-5/6, and construction of the Compartment C Build-Out consisting of Cells 5-4A-B, 5-5A-B, 6-4. The above named permittee is hereby authorized to initiate the activities described on the application, associated drawing(s), plans, and other documents attached hereto or on file with the Depar tment and made a part hereof necessary to meet the requirements of this permit . The activities authorized by this permit must be conducted in conformance with all the provisions of this permit. This permit is accompanied by Administrative Order AO

- 011

- EV, which is incorporated herein by reference. Failure to comply with all permit conditions and documents referenced herein shall constitute grounds for revocation of the permit and appropriate enforcement action.

PROJECT DESCRIPTION:
This permit authorizes the operation and maintenance of Stormwater Treatment Area (STA) 5/6, and the construction of Compartment C Build-Out. Operation of Compartment C Build-Out is not authorized at this time. STA-5/6 and Compartment C Build-Out are a component of the Everglades Construction Project (ECP), construction, operation, and maintenance of which is required by the Everglades Forever Act (EFA), Section 373.4592, F.S. The STA-5/6 facility and Compartment C (Figure 1) consist of the following: Inflow Structures; Inflow Works; Interior Treatment Wo rks; Outflow Structures; Outlet Canal and associated Bridges; Seepage Collection and Return Systems; Re-hydration Pump Stations and Structures; the G-351 Structure; the G-357 Divide Structure; the G-404 Pump Station; Diversion Structures (G-406, G-407 and G-408); the G-409 Pump Station; the G-411 Divide Structure; the G-508 Pump Station and associated Bridge; the Southern L-4 Levee Gap; Deer Fence Canal Bridge and Deer Fence Road Improvements; Rotenberger Hydropattern Restoration; Structure Removal; Recreational Facilities; and Structural, Operational and Vegetation Enhancements. Initial construction of this facility was previously authorized and completed under Florida Department of Environmental Protection (Department) EFA Permit No’s 0131842-001 and 0236905-001. Structural, operational and vegetation
enhancements have been conducted in accordance with the October 2003 Everglades Protection Area Tributary Basins Long

- Term Plan for Achieving Water Quality Goals and subsequent revis ions (Long

- Term Plan, Exhibit A). These improvements and enhancements were designed to optimize performance as needed to achieve the phosphorus water quality standard. Additional enhancements to STA

- 5/6 may occur as part of the adaptive implementation proc ess envisioned in the Long

- Term Plan. STA-5/6 and Compartment C are Stormwater Management Systems (SMS) as defined in Subsection 373.403(10), F.S., and therefore state surface water quality standards do not apply, pursuant to Section 373.4142, F.S.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 2 of 29

Printed on recycled paper. Operation and maintenance activities authorized by this permit involve maintaining water levels within the existing components of STA-5/6 (5-1A-B, 5-2A-B, 5-3A-B, 6-1 & 6-2) to optimize efficiency of the treatment area. Optimization of the treatment wetland is defined by its performance at removing the pollutants, particularly phosphorus, for which the project was designed and providing regional flood control and water supply. Other operation and maintenance activities include: water quality and vegetation monitoring; preparation and submittal of monitoring reports; vegetation maintenance; and maintenance of the water control structures (including canals and levees). Construction activities authorized by this permit involve the creation of Cells 5-4A-B, 5-5A-B and 6-4, located between the existing STA-5 and STA-6. The creation of these Cells (Collectively Compartment C) will unify the existing STA-5 and STA 6 facilities, effectively creating one large STA (STA-5/6). Operations of the Cells 5-4A-B, 5-5A-B and 6-4 (independently or in connectio n with Cell 6-2) are not authorized under this permit.

STA-5/6 is designed to treat inflows delivered from the L-2/L-3 Borrow Canal which includes agricultural runoff and discharges from the C-139 Basin and C-139 Annex. Af ter introduction to STA-5/6 through inflow structures, water is treated within the existing treatment cells utilizing natural, passive physical and biological processes for nutrient removal. Treated water exits STA-5/6 (via the STA-5/6 Outflow Structures) into the STA-5/6 Discharge Canal. Assuming normal operating conditions, the treatme nt path culminates with discharges from the northern Flow-ways (5-1 and 5-2 and 5-3 prior to completion of Compartment C Build-Out) directed either to the Miami Canal (via the STA-5/6 Outlet Canal) or to the Rotenberger Wildlife Management Area (WMA) via the G-410 Pump Station. Discharges to the Rotenberger WMA are for the purpose of hydrologic restoration of the approximate 29,000-acre WMA. Discharges from the rema inder of the STA-5/6 are directed south via the L-3 Canal downstream of the G-407 Diversion Structure. Wetlands and surface waters located within the receiving water bodies (Rotenberger WMA, Miami Canal, L-3 Canal, the Northwestern portion of the WCA-3A, the L-4 Canal, and the L-3 Canal Extension) are all Class III waters; and the Rotenberger WMA is an Outstanding Florida Water, pursuant to Rule 62 -302.700(9)(f)48, Florida Admi nistrative Code (F.A.C.).

PROJECT FACILITIES:

The individual ECP components included in this project are as follows:

I. Inflow Structures and Inflow Works

The L-2/L-3 Canal, located along the west side of the STA-5/6 Project is the primary conveyance/inflow canal for STA-5-1 and 5-2. STA-5, Flow-ways 3 through 5 (STA 5- 3, 5-4 and 5-5) and STA-6, Sections 4 and 2 (STA 6-4 and 6-2) will receive flows via the newly constructed Inflow Canal upon completion. The remaining segment of the L-3 Canal south of G-406 and north of G-408 will become the STA-5/6 Seepage Canal. The function of the L-3 Canal section, south of G-408, along the west side of STA-6, Section 1 will remain an inflow/conveyance canal.

A. STA-5 Structures G-342A-M consist of a series of gated concrete bo x culverts that control inflow into STA-5. North of theG-508 Pump Station, the G-342A and B direct flows into Flow-way 1 and G-342C and D direct flows into Flowway 2. Structures G-342A-D are situated along the wester n perimeter levee adjacent to the L-2/L-3 Canal. South of the G-508 Pump Station are the G-342E-M structures, which c onsist of a series of gated concrete box culverts that
control flows from the STA-5/6 Inflow Canal. G-342E-H structures serve Flow-way 3, G-342I and J will serve Flow-way 4 and G-342K and M will serve Flow-way 5. Water is conveyed eastward from these structures to the upstream end of each flow-way, and distributed to the treatme nt area by means of a spreader canal. Each of the nine G-342 E-M structures consists of a single 10-ft x 6-ft box culvert fitted with a 10-ft x 6-ft control gate at its upstream end. The G-342E and F structures, which currently direct flows into Flow-way 3, will provide a connection from the Inflow Canal to the STA-5/6 Seepage Canal (aka the L-3 Canal). These structures may be used for deliver of water to the Inflow Canal under certain conditions; however, they will normally remain closed. Structures G-353A and B control discharges to Cell 5; structure G-353C controls discharges to Cell 3.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 3 of 29

Printed on recycled paper. B. STA-6 After completion of the G-508 pump station, flows to the STA-6 treatment cells will be pumped south by the G-508 pump station from the L-2 Canal to the Inflow Canal and then routed through the inflow structures. Emergent treatment cell, STA 6-4, has one inflow structure, G-342N, which consists of two gated 10-ft. x 8-ft. box culverts. Flows to STA-6, Section 2 (STA 6-2) SAV treatment cell will be delivered through Cell 6-4 and controlled by three gated 8-ft. x 8-ft. box culverts (G-396A-C) installed within the west levee of the treatment cell. Inflow works to STA 6-1 include three 8-ft.x 6-ft. gated box culverts (G-353A-C) within the east levee of the L-3 Canal to direct untreated water from the L-3 Canal to the existing inflow/distribution canal.

II. Interior Treatment Works

A. STA-5 The STA-5 interior works are divided into parallel treatment flow-ways, each consisting of two treatment cells in aseries flowing in an easterly direction. Flow-way 1 (Cells 1A and 1B), Flow-way 2 (Cells 2A and 2B) and Flowway 3 (Cells 3A and 3B) provide approximately 6,095 acres of effective treatment area. For Compartment C, Flowway 4 (Cell 4A and Cell 4B) and Flow-way 5 (Cell 5A and 5B) will provide approximately 4, 126 acres of additional effective treatment area. The western cells (“A” Cells) of each flow-way consist of emergent vegetative communities (EMG); the eastern cells (“B” Cells) consis t of submerged aquatic vegetation (SAV) communities. Due to topography, a portion of treatment area located on the west side of Flow-ways 3, 4 and 5 has been identified as ineffective. A confinement berm and spreader canal will be constructed around this area to direct flows from the
inflow structures to the effective treatment areas.

Water flow and water elevations are controlled and directed through the STA-5 Flow-ways via interior levees, canals, and the synchronized operation of water control st ructures (G-343A-O) located between the EMG Cells and SAV Cells. These intermediate structures, G-343A-O, cons ist of concrete box culverts with upstream gates that
control water levels in the western EMG treatment cells and flow into the eastern SAV treatment cells. Each of the G-343A-J structures consists of a single gated 10-ft x 8-ft high box culvert; structures G-343A-D controls Cell 1A,
G-343E-H controls Cell 2A and G-343I-J controls Cell 3A . Each of the G-343K-O structures will consist of a single gated 10-ft x 9-ft box culvert; structures G-343K and L controls Cell 4A and G-434M-O controls Cell 5A.. All gates are single leaf slide gates with the exception of Cell 3A, which has double leaf gates. Local and remote operation of the G-343 gates is possible.

Due to topographical challenges, north-south intermediate flow control berms and overflow weirs are provided within STA 5-4A and 5-5B. The berms are approximately 2-ft. high with 50’ wide concrete “keyway” weirs.Flow-way 5-4 has eight weirs (G-522E/W to G-525E/W) and Flow-way 5-5 has 12 weirs (G-526E/W to G531E/W). These berms and weirs are intended to increase detention time and re-distribute flows internally to improve treatment.

B. STA-6 STA-6 consists of a wetland marsh system which utilizes biological treatment technology in the removal of
nutrients from stormwater non-process wastewater that enters the facility. Wetland vegetation within the STA is managed in conjunction with hydrologic operations to maintain optimal performance levels within the facility. The approximate effective treatment area of STA 6-1 (both cells) is 870 acres, STA 6-2 is 1,387 acres and STA 6-4 is 530 acres for a total effective treatment area of 2,787 acres . The western cell, STA 6-4, consists of an emergent vegetative communities (EMG); the eastern cell for this treatment flow-way, STA 6-2, consists of a submerged aquatic vegetation (SAV) community. STA-6 Section1, Cells 3 and 5 were created using an existing wetland area
for treatment.

Water flow and water elevations will be controlled and directed through the Cells 6-4 and 6-2 via an interior levee, canals, and the synchronized operation of water control structures (G-396A-C) located between the EMG and SAV Cells. These intermediate inflow structures, G-396A-C, co nsist of concrete box culverts with upstream gates that
control water levels in the western EMG treatment cell and flow into the eastern SAV treatment cell. Each of the G-Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 4 of 29

Printed on recycled paper. 396A-C structures consists of a single gated 8-ft x 8-ft box culvert. Local and remote operation of the G-396 gates is possible. Water flow and elevations for STA 6-1 are controlled through the inflow/outflow structures and distributed via the interior canals; both Area 6-1, Cell 3 and Cell 5 are single treatment cells.

III. STA-5/6 Outflow Structures Outflow structures will be regularly operated to maintain in terior stages at desired levels. Structures will be fully closed when interior stages fall below prescribed levels, for maintenance or when it is desirable to prevent discharges. Newly constructed outflow structures and discharges from Cell 6-2 (Compartment C Build-Out) will require a separate operational authorization and are not authorized to discharge under this permit.

A. STA-5 The G-344A-K outflow structures consist of gated concrete box culverts controlling outflows from the flow-ways to the Discharge Canal. These structures are situated along the eastern perimeter levee. Flow-way 1 (G-344A-B) and Flow-way 2 (G-344C-D) convey treated water from these structures east to the STA-5 Discharge Canal where discharges may be directed either to the Miami Canal (via the STA-5 Outlet Canal) or to Rotenberger WMA (via the G-410 Pump Station). G-344E-F structures serve Flow-way 3, G-344G-H serve Flow-way 4 and G-344I-K serve Flow-way 5. Treated water from Structures G-344E-K is conveyed east to the STA-6 Discharge Canal for delivery south to the L-3/L-4 Canal. Each of the G-344 structures consists of a single gated 10-ft x 10-ft box
culvert.

B. STA-6 For STA 6-1, six outflow structures, G-393A-C (Cell 3) and G-354A-C (Cell 5), located along the east perimeter levee release treated water into the STA-6 Discharge Canal. Each structure has a weir structure and gate. The G352A-C structures, also situated along the east perimeter levee, convey outflows to the Discharge Canal from STA6-2. These three 10-ft. x 10-ft. structures includes a mu lti-leaf operable gate to allow release of water from the upper section of the water column to reduce scouring of the collection canal. STA 6-4 will discharge into STA 6-2 through the STA-6-2 inflow structures (G-396A-C).

IV. Discharge Canal, Outlet Canal and Associated Bridges The Discharge Canal for STA-5/6 is located between the eastern levee of the STA and the Rotenberger WMA. This canal will be continuous along the east side of STA-5/6 and will be able to deliver flows to the north (Miami Canalor Rotenberger WMA) via the STA-5 Outlet Canal or to the south (L-3/L-4 Canals). A Divide Structure, the G411, will define the limits of the STA-5 Discharge Canal to the north and the STA-6 Discharge Canal to the south. This structure will normally remain closed. The STA-5 Outlet Canal extends south along the eastern boundary of the Rotenberger WMA to connect with the Miami Canal downstream of the G-372 structure (STA-3/4 inflow pump station) to ensure that treated water from STA-5 is not directed into STA-3/4 for re-treatment.

Treated water is directed to the Discharge Canals via the outflow structures along the eastern perimeter levees. The STA-5 Discharge Canal is located on the east side of STA-5, Flow-ways 1 and 2 and continues north along thewestern and northern boundary of the Rotenberger WMA, ultimately connecting to the Miami Canal south of the G373 divide structure. The canal adjacent to STA-5 Flow-ways 4 and 5 will complete the connection of the STA-5 Discharge Canal (north section) to the STA-6 Discharge Canal (south section).

In order to provide a means for vehicles to cross the STA-5 Discharge Canal and maintain a continuous access to the Miami Canal, a bridge was constructed across the STA-5 Discharge Canal adjacent to the northeastern portion of the Rotenberger WMA. Access along the west side of the Miami Canal follows the new East Perimeter Levee of the Rotenberger WMA. The L-3 Levee Access Bridge was also constructed over the STA-6 Discharge Canal to provide greater flow capacity and access to the L-3 canal and levee.

V. Seepage Collection and Return SystemsPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 5 of 29

Printed on recycled paper. The function of the northern seepage collection canal is to collect and return seepage to the upstream (western) portion of the STA-5, Cells 1A and 1B. This seepage collection canal is located between the northern perimeter levee of Flow-way 1 and the adjacent private property to the north, and extends from the L-2 Canal to the STA-5 discharge canal. The northern seepage canal has two separate operational sections with a divide structure, G-360B, controlling water levels and limiting drawdown in the western section of the canal. This structure has a 36” culvert pipe with a 3-ft x 6-ft flashboard riser/weir plate and is located just east of the G-349A seepage pump station. No operation is envisioned for the G-360B, although flashboards may be added or removed to alter the weir crest height. After completion of Compartment C Build-Out, seepage along the west side of STA-5, Flow-ways 3, 4 and 5 and STA 6-4 will be collected in the STA-5 Seepage Canal (formerly the L-3 Canal). Water levels will be controlled by G-508 seepage pumps.

Seepage return pump stations G-349A and G-349C are located on the north perimeter levee. G-349A is approximately 0.5 mile east of the L-2 Canal and controls the water levels in the western section of the seepage canal; the G-349C, located at the northwest corner of Cell 1B, controls the eastern section. Each station has two pumps with a discharge capacity of 18-27 cfs depending on headwater and tailwater stages, for a combined capacity
at each station of 36-54 cfs.

Additional water may be routed into the northern seepage canal via the G-348 structure. G-348 is a single 48”
culvert located near the northeast corner of STA-5 and se rves to transfer seepage flows from the discharge canal seepage canal to the northern seepage canal. The discharge canal seepage collection canal is approximately 3.3 miles in length and extends from the northeast corner of STA-5 to just south of the Manley Canal. The discharge canal seepage collection canal is located between the discharge canal and adjacent farm fields. A flap gate on the west end of the pipe prevents unintended increases in stag es east of G-348 during delivery of supplemental water to STA-5 (via G-349B to the northern seepage canal).

VI. Re-hydration Pump Stations and Structures Pump station G-507 is located on the northeast side of STA-5, at the point that the discharge canal bends to the east. The purpose of this pump station is to provide supplemental water to the STA by moving water from the STA-5 discharge canal into STA 5-1B during periods of drought. The station has a discharge capacity of 51 cfs and is operated manually.

Pump station G-349B (39 cfs capacity) is also located on the northeast side of STA-5, at the point that the discharge canal bends to the east. The purpose of this pump station is to provide supplemental water to STA 5-1A and STA 5-2A by moving water from the STA-5 discharge canal in to the north seepage collection canal during periods of drought. In this mode, pump stations G-349A and G-349C will be activated to pump the water from the seepage collection canals into STA 5-1A and 5-1B, respectively. Gated structure G-519 (2-36” culverts) connects STA 5-1A to STA 5-2A for water supply and is operated manually.

Pump station G-350B (39 cfs capacity) is located at the southeast corner of STA 5-2B at the confluence of the isolated canal area (between Flow-ways 2 and 3) and the STA-5 Discharge Canal. Drought water supply will beprovided directly from the STA-5 discharge canal to the isolated canal area between Flow-ways 2 and 3, via the G350B pump station. Culvert structures G-520 (2-48” culverts) and G-521 (2-48” culverts) will connect from this isolated canal to STA 5-2A and STA 5-3A respectively, for water supply. Both structures have manually operated
gates.

Pump station G-509 (100 cfs capacity), which is being constructed as part of the Compartment C Build-Out is located on the eastern levee between STA-5, Flow-ways 4B and 5B at the discharge canal. Drought water supply will be pumped directly from the STA-6 Discharge Canal to STA 5 Cell 4B and Cell 5B for delivery to the other cells, both SAV and EMG, through gated 36” culvert structures (single or dual). All nine culvert structures G-510 through G-518 have manually operated gates.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 6 of 29

Printed on recycled paper. VII. G-351 Structure The G-351 structure, which includes two gated 10-ft. x 9-ft. box culverts, will divide the STA-5/6 Inflow Canal from the remaining section of the L-3 Canal to the south of G-408. This structure will normally remain closed allowing the two inflow canals to operate at different levels. Under certain conditions, the G-351 gates may be operated to allow connection of the STA 5/6 Inflow Canal to the L-3 Canal for delivery of water to the flow-ways.

VIII. G-357 Divide Structure G-357 is a two barrel box culvert with a twin lift gate control system. This structure prevents water movement between the Miami and L-4 canals during the operation of the G-404 pump
station.

IX. G-404 Pump Station G-404 is a pump station with a total capacity of 570 cfs. G-404 is located at the confluence of the Miami Canal and the L-4 borrow canal. It functions to direct water into and move water westerly in the L-4 borrow canal in order to supply treated water to locations that historically received water from the L-3 borrow canal.

X. Diversion Structures

There is a single diversion structure (G-407) located within the L-3 Canal that may be operated to allow bypass
diversion of stormwater wastewater around STA-5/6 to WCA-3A via the Seepage/L-3 Canal. Diversions Bypasses may be necessary during certain events that compromise the safe operation of the facilities, when stage elevations of waters, rates of inflows, or the duration of sustained inunda tion creates conditions threatening the survival of marsh vegetation and the treatment efficiency of the project, to avoid hydrological and nutrient overloading the STA or when water supply needs require it. The G-407 Diversion St ructure, which is located near the southwest corner of STA 6-1, is the southernmost diversion structure. This structure has two gated 10-ft. x 9-ft. box culverts and provides access over the L-3 Canal.. During normal operations, G-407 will remain closed.

Two other structures, G-406 and G-408, can be operated to facilitate diversion bypass of stormwater wastewater around STA-5/6. The northernmost structure, the G-406, is located just south of the Deer Fence Canal. This structure includes two 10-ft. x 9-ft. gated box culverts and an overflow weir at elevation 21.75 ft. NGVD.Operation of the gates diverts flow from the north (the L-2/L-3 Canal) to the Seepage/L-3 Canal, by-passing the G508 Pump Station and Inflow Canal. The weir controls upstream water levels in the L-2 Canal. When the G-508 pump station is unavailable, the G-406 structure may be used to deliver water to the STA-5/6 Inflow Canal (via the G-342E and F structures) and/or south to STA-6 (via the G-408, G-351 and inflow structures); the G-407 would remain closed during these routine operations.

The G-408 Diversion Structure is located between G-406 a nd G-407 at the northwest corner of STA 6-1. This structure has two gated 10-ft. x 9-ft. box culverts and divides the Seepage/L-3 Canal located along the west side of the project from the L-3 Canal to the south. When the G-508 pump station is unavailable, the G-406 structure may be used to deliver water to the STA-5/6 Inflow Canal (via the G-342E and F structures) and/or south to STA-6 (via the G-408, G-351 and inflow structures); the G-407 would remain closed.

XI. G-409 Pump Station G-409 is a pump station with a total capacity of 190 cfs. G-409 is located south of STA-6, Section 1, upstream of the G-155 structure on the existing levee which connects to the L-28 levee immediately to the east. It functions to supply irrigation water to the Seminole Tribe of Florida's Big Cypress Reservation.

XII. G-411 Divide StructurePermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 7 of 29

Printed on recycled paper. The G-411 Divide Structure is located within the discharge canal at the northeast corner of STA 5-3B. This structure divides the discharges from STA-5, Flow-ways 1 and 2, and the remaining flow-ways for STA-5 and all of STA-6. The G-411 structure has two gated 10-ft. x 8-ft. box culverts that will provide flexibility on directing discharge flows either to the north or south. Under normal operations, the structure will be closed to direct discharges from Flow-ways 1 and 2 to the Miami Canal and all other Flow-ways / cells to WCA-3A via the L-3
Canal Extension.

XIII. G-508 Pump Station and associated Bridge Pump Station G-508 draws water from the L-2/L-3 Canal and releases it into the STA-5/6 Inflow Canal for delivery to the treatment areas. This pump station is located in the northwestern corner of STA 5-3 at the confluence of the L-2/L-3 Canal and Deer Fence Canal. This pump statio n serves Flow-ways 3-5 and STA-6-4/6-2. G-508 pump station includes three-470 cfs pumps (plus one back-up pump) and two 110 cfs pumps (1,630 cfs total inflow rate), two-25 cfs seepage pumps (plus one back-up pump), a pump station enclosure and an intake canal. A north-south bridge will be constructed over the intake canal to provide a continuation for access along the east levee of the L-3
Canal.

XIV. Southern L-4 Levee Gap The G-404 pump station is located at the confluence of the Miami Canal and the L-4 borrow canal and directs water westward in the L-4 canal for water delivery to western WCA 3A and the Seminole Tribe of Florida's Big Cypress Reservation. Directly north of the point that the existing L-3 extension canal turns south, a small canal connects the
L-4 borrow canal to the L-3 extension canal.

XV. Deer Fence Canal Bridge and Deer Fence Road Deer Fence Canal Bridge is a 100 ft. two lane pre-stressed concrete bridge (Deer Fence Canal Bridge). Approximately 170 ft. of limerock road connects the bridge to Deer Fence Road. Deer Fence Road from the East line of County Road 835 right-of-way East has been paved (approximately 200 feet); Deer Fence Road from the end of the pavement to Deer Fence Bridge has been graded. A surface water management system associated with the paving of Deer Fence Road and two 72 inch culverts in the S&M Canal have been constructed. The Deer Fence Bridge and Deer Fence Road improvements provide the U.S. Sugar Corporation access to its Unit 2 Ranch. The two 72 inch culverts in the S&M Canal are necessary to access a 500 acre wetland tract to the north.

XVI. Rotenberger Hydropattern Restoration The G-410 pump station allows a portion of STA-5 discharges to be routed to the Rotenberger WMA and ultimately-to the Miami Canal via Rotenberger WMA discharge structures G-402A-D. The remainder of STA-5 discharges are directed to the Miami Canal via the STA-5 Discharge and Outlet Canals.

Project features include 240 cubic foot per second (cfs) electric powered pump station (G-410) consisting of two 48-inch vertical axial pumps. Discharges from the G-410 pump station are distributed in Rotenberger WMA through a one-mile long spreader canal which is parallel to the west perimeter levee of the Rotenberger WMA. The spreader canal is connected to a 2-1/2 mile long borrow canal, for a total spreader canal length of 3-1/2 miles. Discharges out of Rotenberger WMA are directed into th e Miami Canal via three 54-inch diameter gated culverts (G-402 A-C) and one 42-inch diameter gated culvert (G-402 D), along the east side of Rotenberger WMA. There is also a 1/4 mile long collection canal upstream of each gated culvert.

The District operates the G-410 pump station to achieve an initial hydro pattern restoration target based on a 31- year average stage prediction by the Natural Systems Model (NSM). The NSM and the South Florida Water Management Model are currently the best available technology to estimate historic water levels within the Everglades, including Rotenberger WMA. Data will be collected during restoration and recommendations will be made for operational modifications to maximize environmental benefits to Rotenberger WMA.

XVII. Structure RemovalPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 8 of 29

Printed on recycled paper. Over time, the following structures have been removed from STA-5/6: G-155; G-350A re-hydration pump station; and G-604. The G-600 pump station will also be removed. The G-601, G-602 and G-603 structures are no longer operated.

XVIII. Recreational Facilities

In fulfillment of the public access and recreation requir ements of the EFA Subsection 373.4592 (4)(a) F.S., and as further described in Subsection 373.1391(1)(a) and (b) F.S. , recreational facilities are proposed at STA-5. The proposed recreational facilities shall be designed to ensu re compatibility with the restoration goals of the ECP and the water quality and hydrological purposes of the STAs. The proposed STA-5/6 facilities include the following:

• An information kiosk, trailhead, a composting toilet, an asphalt parking area with parking for vehicles with trailers, landscaping, pedestrian gates, signage and fencing as needed to define public access areas and to protect sensitive equipment

• One multi-use trail on top of the levee to accommodate all user groups, hiking, biking, equestrian, and bird watching

• One Americans with Disabilities Act (ADA) compliant boardwalk/viewing platform with associated bird blind, providing enhanced recreation opportunities for bird-watching, photography, hiking, biking and waterfowl hunting.

LOCATION:

STA-5/6 resides on District-owned lands between the C-139 Basin and C-139 Annex to the west and the Rotenberger Wildlife Management Area (Rotenberger WMA) to the east.

The project is located within the following property descriptions in Palm Beach, Broward, and Hendry County:

• STA-5/6 Inflow and Outflow Structures, Inflow Works, Interior Treatment Works, Seepage Collection and Return Systems, Re-hydration Pump Stations and Structures, STA-5 and STA-6 Discharge Canals and
Recreational Facilities. Sections 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, Township 46 South, Range 34 East; Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 35 and 36, Township 47 South, Range 34 East; and Section 1, Township 48 South, Range 34 East, Hendry County, Florida and Section 6, Township 48 South, Range 35 East, Palm Beach County, Florida

• STA-5/6 Outlet Canal. A parcel of land located in Sections 19, 20, 21, 22, 26, 27, 28, 29, 30 and 35, Township 46 South, Range 35 East together with a parcel located in Section 2, Township 47 South, Range 35 East, Palm Beach County, Florida

• G-357 Structure. Section 6, Township 48 South, Range 36 East, Broward County, Florida

• G-351 Inflow Structure. Section 26, Township 47 South, Range 34 East, Hendry County, Florida

• G-406 Diversion Structure. Section 33, Township 46 South, Range 34 East, Hendry County, Florida

• G-407 Diversion Structure. Section 1, Township 48 South, Range 34 East, Hendry County, Florida

• G-408 Diversion Structure. Section 26, Township 47, Range 34 East, Hendry County, Florida

• G-404 Pump Station. Sections 6 and 7, Township 48 South, Range 36 East, Broward County, Florida

• Southern L-4 Gap. Section 9, Township 48 South, Range 35 East, Broward County, Florida

• G-409 Pump Station. Section 12, Township 48 South, Range 34 East, Hendry County, Florida

• G- 411 Divide Structure. Section 1, Township 47 South, Range 34 East, Hendry County, FloridaPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 9 of 29

Printed on recycled paper. • G- 508 Pump Station and Bridge. Section 33, Township 46 South, Range 34 East, and Section 4, Township 47 South, Range 34 East, Hendry County, Florida

• Deer Fence Road Improvements. Sections 31 and 32, Township 46 South, Range 34 East, Hendry County,
Florida

GENERAL CONDITIONS:

In accordance with Subsection 373.4592(9)(g) of the EFA, this permit may include any standard conditions provided by Department rule which are appropriate and consistent with the EFA.

1. Enforcement. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to Sections 373.129, 403.141, 403.727, 403.859 through 403.861 F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions.

2. Scope of permit. This permit is valid only for the specific requirements of this permit processes and operations applied for and indicated in the approved d rawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions requirements of this permit may constitute grounds for revocation and enforcement action by the Department.

3. Limitation of rights. The issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the STA-5/6 project which are not addressed in this permit. However, this permit is in lieu of other permits under Part IV of Chapter 373, F.S., pursuant to Subsection 373.4592(9)(c), F.S.

4. Limitations upon title. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

5. Liability. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall hold and save the Department harmless from any and all dama ges, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit.

6. Operation and maintenance responsibilities. The permittee shall properly operate and maintain the STA and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules.

7. Access Rights. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other do cuments as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted for the following purposes:

A. Access to, and the right to, copy any records that must be kept under conditions of the permit

B. Inspection of the facility, equipment, practices, or op erations regulated or required under this permitPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 10 of 29

Printed on recycled paper. C. Sampling or monitoring of any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules

Reasonable time may depend on the nature of the concern being investigated.

8. Noncompliance. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information:

A. A description of and cause of noncompliance

B. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit

9. Records as evidence. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Sections 403.111, F.S. and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

10. Changes in Law. The permittee agrees to comply with changes in applicable Department rules and applicable Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida law . However, this section cannot be used as a basis to extend the time to comply with the permit’s total phosphorus WQBEL.

11. Transferability. This permit is transferable only upon Department approval in accordance with Rules 62- 4.120 and 62-343.130, F.A.C., as applicable. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department.

12. Permit at Work Site. This permit or a copy thereof shall be kept at the work site of the permitted activity. For the purposes of this permit the work site shall be defined as the South Florida Water Management District Headquarters located at 3301 Gun Club Road in West Palm Beach, Florida.

13. Records Retention. The permittee shall comply with the following:

A. Upon request, the permittee shall furnish all records and plans required under De partment rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department

B. The permittee shall hold at the STA or other location designated by this permit records of all monitoring information required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least five years from the date of the sample, measurement, report, and application unless otherwise specified by Department rule

C. Records of monitoring information shall include the following:
1. The date, exact place, and time of sampling or measurements
2. The person responsible for performing the sampling or measurements
3. The dates analyses were performed or the appropriate code as required by Chapter 62.160 F.A.C.
4. The person responsible for performing the analyses
5. The analytical techniques or methods used, including but not limited to MDL (Method Detection Limit)
6. The results of such analyses, including identification of potential outlier valuesPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 11 of 29

Printed on recycled paper. 14. Requests for Information. When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly.

15. External Agency Requirements . Should any other regulatory agency require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required.

16. Sovereign Lands . The permittee is hereby advised that Florida law states: No person shall commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, title to
which is vested in the Board of Trustees of the In ternal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, until such pe rson has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, licen se, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands.

17. Artifacts. If historic or archaeological artifacts such as, but not limited to, Indian canoes, arrow heads, pottery or physical remains, are discovered at any time on the project site, the permittee shall immediately stop all activities which disturb the soil and notify the Department and the State Historic Preservation Officer.

SPECIFIC CONDITIONS:

1. Addresses. Reports and notices submitted to the Department in accordance with this permit, unless otherwise specified, shall be submitted to the Department’s Division of Environmental Assessment and Restoration, Restoration Planning and Permitting Section, 2600 Blair Stone Road, MS 3560, Tallahassee, Florida, 32399- 2400, telephone no. (850) 245-8346 and to the Department’s Southeast District Office, Water Resource Management and Environmental Planning, 400 North Congress Avenue, Suite 200, West Palm Beach, Florida 33401, telephone no. (561) 681-6600. Electronic copies of reports and notices required by this permit shall be sent to RPPS_Comp@dep.state.fl.us.

2. Related Permits. The Department and the permittee acknowledge the issuance of other permits related to STA5/6. STA-5/6 previously operated under EFA Permit No’s. 0131842 and 0236905 and portions of the facility currently operate under NPDES Permit No’s. FL0177954 and FL0473804. Additional related permits include Department Permit No. 0289306 which authorizes temporary dewatering activities associated with the STAs and Non-ECP structures, and the U.S. Army Corps of Engineers 404 Permit No. 199404532. An additional authorization by the U.S. Army Corps of Engineers is an ticipated to be issued subsequent to the completion of the Compartment B and C Environmental Impact Statement. This STA-5/6 EFA permit, upon issuance, shall supersede and replace the former STA-5 and STA- 6 EFA Permits issued by the Department.

3. Public Use. The recreational facilities located within the STA-5/6 Project shall be maintained to ensure compatibility with the restoration goals of the ECP and the water quality and hydrological purposes of the STAs. This permit does not absolve the permittee from the responsibility of obtaining other permits (federal, state, or local) which may be required for the activities occurring at these sites.

Conditions for Construction, Operation and Maintenance

4. Project Construction. The permittee shall ensure that Compartment C is constructed consistent with the design documents. During any construction and modification of Compartment C and associated works, the permittee shall take all reasonable precautions to minimize the suspension and transport of soils, levee materials, andPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 12 of 29

Printed on recycled paper. roadway materials into waters adjacent to or downstream of the construction site. In addition, during construction, the permittee shall perform turbidity monitoring in accordance with Specific Condition 25.

5. Project Operation and Maintenance. The permittee shall operate and maintain STA-5/6 consistent with the design documents, as may be modified and reflected on the record drawings, operations criteria, and operation plan required by Specific Condition 10. Operation of the individual components of Compartment C Build-Out (including Cell 6-4 once hydrologically connected to Cell 6-2) are not authorized under this permit. The treatment cells existing at the time of permit issuance (STA -5-1, 5-2, 5-3, 6-1 and 6-2) are authorized to maintain existing operation.

6. As-Built Certification and Record Drawings. Within 60 days after completion of any construction for the existing Cells of STA-5/6, or Compartment C, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law. Construction is considered complete when the associated construction contract is completed and closed out. Thestatement of completion and certification shall be based on on-site observation of construction or review of asbuilt drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that STA-5/6 is ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as “as-built” or “record” drawing. All surveyed dimensions and elev ations shall be certified by a registered surveyor

7. Contaminated Sites and Residual Agrichemicals. The Permittee shall address all contaminated sites within the project footprint in accordance with all applicable Department statutes and rules including but not limited to Chapters 62-770, 62-780, and 62-785, F.A.C. The Permittee shall address any agricultural chemical residuals in the project footprint in accordance with the “ Protocol For Assessment, Remediation And Post-Remediation Monitoring For Environmental Contaminants On Everglades Restoration Projects ” (Protocol) dated March 14, 2008 so that risk to the environment is minimized based upon the projected use of the property. Regardless of any remedial action plan, the Chapter 62-777, F.A.C. cleanup target levels, or the Protocol, the Permittee shall address all contamination within the project footprint, to minimize to the maximum extent practicable any detrimental impacts to Threatened or Endangered species . As a corrective action, the Department may require limitations on property access or use as part of the Permit tee’s Land Management Plan for the project area. All corrective actions must be completed prior to initial operation or use of the project. Documentation of completion of corrective actions must be submitted to the Department no later than 90 days prior to the initial operation or use of the completed project, unless the Department approves an alternative schedule. The Permittee shall secure written concurrence from the Department that the corrective actions have been completed based upon applicable protocols and the projected land use, prior to initial operation of the completed project. If contamination is discovered after initial operations, the Permittee shall send to the Department at the address listed in Specific Condition No. 1 an assessment and remedial action plan for Department approval. Upon the Department’s approval, the Permittee shall implement the assessment and remedial action plan and provide quarterly reports to the Department on the progress of the remediation until the cleanup is completed to the Department’s satisfaction.

8. Vegetation and Operational Enhancements . Vegetation and operational enhancements shall be implemented to optimize performance as needed to achieve the total phosphorus WQBEL of this permit criterion in the EPA

. Vegetation and operational enhancements shall be coordinated with the Department to determine whether a modification to the permit is required.

9. Pump Station Maintenance. Maintenance requirements for the pump stations include operation of the pumps for approximately 2 to 4 hours per month, as necessary, to maintain their mechanical integrity. Therefore, temporary operation of the pump stations for maintenance purposes is allowed and is not subject to the discharge criteria of the specific conditions of this permit. However, the permittee shall document all such temporaryPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 13 of 29

Printed on recycled paper. maintenance operations, and shall include all such discharge flows and loads as a part of the monitoring requirements of this permit.

10. STA Operation Plan and Modifications. Upon completion of and compliance with the scheduled Long

- Term Plan improvements and enhancements requirements specified herein and within 90 days of the completion of any additional Long

- Term Plan improvements and enhancements ( the Compartment C Build-out), the permittee shall submit to the Department, at the addresses listed in Specific Condition 1, an updated Operations Plan for the STA-5/6 facility, as applicable, subject to modification under the conditions set forth below.

If at any time changes to the STA-5/6 Operations Plan are warranted to optimize facility operation, and upon verification of data to be supplied by the permittee that justifies the need for such modification, the Operations Plan may be modified as mutually agreed upon by the Department and the permittee. The Operations Plan shall also include the information described in A-H, below.

Under emergency conditions that threaten the safety of life, property, or the STA-5/6 facility, the permittee may modify the operations of STA-5/6 and immediately employ any remedial means to protect life and property in accordance with the emergency provisions of Chapter 373, F.S. The permittee shall notify the Department within 48 hours of such occurrence and shall provide data justifying the need to employ the emergency modifications to operations of STA-5/6.

A. Minimum Water Level Targets to Avoid Dryout . In accordance with the relevant design documents, the permittee shall, to the maximum extent practicable, maintain a minimum static water level of 0.5 feet above the average ground elevation of the treatment cells to avoid dryout of the treatment cells, subject to available water from the upstream watershed.

B. Responding to Dryout Conditions . The permittee shall evaluate and correct potential adverse dryout effects on the water quality performance of STA-5/6. If the compliance requirements in this permit are not met due to dryout conditions, then the permittee shall propose modifications to the Operations Plan and Monitoring Plan as appropriate and submit the revised plan(s) to the Department for review and approval.

C. Maximum Water Level Targets . The permittee shall ensure, to the maximum extent practicable, that maximum water depths of 4.0 feet above the average ground elevation of the treatment cells will not be exceeded in order to avoid long-term damage to the treatment vegetation and protection of project levees.

D. Operational Envelope . The permittee shall ensure to the maximum extent practicable that authorized operation of the existing components of the facility do not exceed the operational envelope for STA-5 and STA-6 (this permit does not authorize operations for Compartment C Build-Out), as set forth in the existing STA-5 and STA-6 Operations Plans.

E. Phosphorus Uptake Optimization . Operations shall be conducted to distribute the flows and water levels within STA-5/6 to optimize the phosphorus reduction performance and shall be updated as necessary to include the results of the permittee’s Process Development and Engineering (P DE) program being implemented as a part of the Long

- Term Plan

.

F. Operations Plan Modifications . The STA-5/6 Operations Plan should be reviewed and may be revised as appropriate based on operational experience, res earch results, downstream monitoring and upstream
levels of service.

G. Hydropattern Restoration . STA-5/6 shall be operated in such a manner as to be consistent with the activities proposed to restore the hydropattern of the EPA, as described in Specific Condition 11 below.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 14 of 29

Printed on recycled paper. 11. Hydropattern Restoration. In accordance with Subsection 373.4592(4)(b), F.S., the permittee shall operate the STAs in order to improve and restore the Everglades wate r supply and hydroperiod. The permittee shall operate the ECP to provide additional increased flow to the EPA through the modification of historical operational practices for regulatory releases from Lake Okeechobee and the Water Conservation Areas. The STAs shall be operated to achieve the goal of providing additional flows to the EPA and shall, to the maximum extent practicable, be coordinated with and consistent with the Lower East Coast Water Supply Plan, the Lake Okeechobee and Water Conservation Area Regulation Schedules, Comprehensive Everglades Restoration Plan (CERP), and the entitlement of the Seminole Tribe of Florida to surface water withdrawals under the Water Rights Compact (P.L. 100-228).

12. Rotenberger WMA Restoration. This permit authorizes discharges to Rotenberger Wildlife Management Area, according to the following terms and conditions:

Operation and Maintenance of Rotenberger Wildlife Management Area Hydropattern Restoration

A. Project Operation and Maintenance. The permittee shall operate and maintain the Rotenberger Wildlife Management Area Hydropattern Restoration Project consistent with the following:

 The conceptual Design Document for the Everglades Protection Project, dated February 15, 1994

• The General Design Memorandum for STA-5 and Rotenberger Tract Restoration, dated July 1996

• The final engineering plans for Rotenberger Wildlife Management Area Hydropattern Restoration, submitted to the Department on May 15, 2000

• The Summary of Revised Hydrologic Simulations for Rotenberger dated August 15, 2000

By operating in accordance with these documents, the objectives of the ECP will be achieved, as outlined in the EFA, 373.4592(9)(e) and 373.4592(9)(h), F.S. To the extent that there is a conflict with the above documents, the permit conditions shall control.

1. Emergency Releases into Rotenberger. Water releases from STA-5/6 or other sources, if available, into Rotenberger may be made on an emergency basis for the purpose of extinguishing wildfires within Rotenberger.

2. Pump Stations Testing and Maintenance. Maintenance requirements for the pump stations include operation of the pumps for approximately 2 to 4 hours per month, as necessary, to maintain their mechanical integrity. Therefore, temporary operation of the pump stations for testing and maintenance purposes is authorized.

If the permitted facilities are demonstrated to be not achieving compliance with the requirements of this permit, the permittee shall modify the Operations Plan as appropriate. The Rotenberger Wildlife Management Area Hydropattern Restoration Project, including applicable operation and maintenance activities, may be further modified for standard engineering practices pursuant to Subsection 373.4592(9)(j)(3) of the EFA.

B. Monitoring and Reporting.

1. The permittee will monitor headwater and tailwater stages, and pump information at the G-410 pump stations and utilize appropriate pump discharge relationships to estimate surface inflow to the Rotenberger.

2. The permittee will monitor headwater and tailwater stages at the G-402 structures and utilize appropriate stage discharge relationships to estimate surface outflows from the Rotenberger.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 15 of 29

Printed on recycled paper. 3. The permittee will monitor rainfall and ET at nearby stations in order to estimate these components of the Rotenberger water budget.

4. Annual estimates of inflows and outflows will be reported in the annual South Florida Environmental Report.

13. Implementation of Source Control Programs.

A. Implementation. The permittee shall continue to implement source control programs in each of the contributing basins in accordance with t he Long

- Term Plan, Chapter 40E-63, F.A.C., and other applicable programs. Basins that do not presently include source control programs shall be monitored to determine if such programs are necessary in the event that phospho rus loads to the facility from these basins limit the facility’s ability to achieve the WQBEL permit effluent limit

.

B. Performance. On an annual basis, the permittee shall evaluate the performance of source controls in the contributing basins and include the findings in the annual report required in Specific Condition 29 8 . The report shall include phosphorus loads from the basins and shall describe trends and compare current loads to those determined necessary to achieve the WQBEL permit effluent limit

. C. Improvements. If the WQBEL permit effluent limit is not achieved and if the assumed inflow concentration used to develop the Amended Determination remedy inflow loads determined necessary to
achieve the permit effluent limit are is exceeded, the permittee shall submit a report explaining the cause(s)
for the excessive concentration and schedules and strategies for source control improvements necessary to
achieve the WQBEL permit effluent limit in the annual report.

14. Minimization of Wetland Impacts. In accordance with Subsection 373.4592(9)(e)3, F.S., of the EFA, the permittee shall provide reasonable assurances that any wetland impacts associated with STA-5/6 activities will be minimized to the maximum extent practicable and consistent with the documents on file with the Department.

15. Water Quantity and Flooding Impacts. The permittee shall be responsible for ensuring that STA-5/6 is operated so as not to adversely affect adjacent lands with regards to flooding impacts and water supply needs of the region. The permittee shall hold and save the Department harmless for any and all damages, claims, or liabilities, which may arise from water quantity and/or flooding impacts resulting from the construction and operation of STA-5/6.

Phosphorus Conditions

16. Phosphorus Standard. Pursuant to Subsection 373.4592(4) (e)2, F.S., the Department adopted a 10 parts per billion (ppb) numeric criterion for phosphorus in the EPA, which was approved by the United States Environmental Protection Agency (EPA) on January 24, 2005. The compliance methodology for determining achievement of the phosphorus numeric criterion was revised and adopted by the Department on May 5, 2005, and the revised rule (62-302.540 F.A.C.) was approved by the U.S. EPA on July 27, 2005. Achievement of the criterion shall be determined through the WQBEL limitation set forth in Table 1 below.

17. Start-Up Phase. During the initial Start-Up Phase of a new cell or new flow-way, the permittee shall monitor phosphorus concentrations within the facility to demonstrate that the project is achieving a net reduction in phosphorus. Portions of STA-5/6 may operate independe ntly of each other. Under those circumstances, StartUp Phase operation and monitoring within the new treatment area shall be performed as follows:Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 16 of 29

Printed on recycled paper. i. Establishment of Marsh Vegetation. The permittee shall manage water depths in the treatment cells to facilitate the recruitment of marsh vegetation in accordance with the Operations Plan, which may include recirculating waters within the STA.

ii. Start-Up Monitoring. On a weekly basis, the permittee shall monitor total phosphorus at the upstream side of inflow structure(s). Total phosphorus shall also be monitored on a weekly basis on the upstream side of the outflow structures.

iii. Phosphorus Start-Up Test. The Phosphorus Start-Up Test for an individual flow-way or cell is based on when the above samples demonstrate, over a four-week period, a net reduction in phosphorus occurs. This net reduction shall be deemed to occur when the 4-week geometric mean total phosphorus water column concentration from samples collected at the applicable outflow structures is less than the 4-week geometric mean total phosphorus water column concentration collected at the applicable inflow structure(s).

iv. Discharge Operations. Discharge operations, from an individual flow-way or cell that has passed the Phosphorus Start-Up Test described above, may commence once Initial Start-Up Phase documentation and all supporting data and analyses are submitted to the Department via regular or electronic mail. For flow-ways that have not met these tests within six months after issuance of the permit, the permittee shall submit status updates regarding progress toward and identifying strategies and timelines to achieve this test.

v. Initiation of Individual Flow-way (Stabilization and Routine Operation) Discharges and Monitoring. Once flow-through discharges from a flow-way begin, the permittee shall initiate routine water quality monitoring for that flow -way consistent with the monitoring program described in this permit.

18. Stabilization Phase (Flow

- through Operations)

– An STA enters the Stabilization Phase after each of three antecedent conditions: (1) once flow

- through operations begin following the initial start

- up of a new treatment cell; (2) when a treatment cell is undergoing implementation of Long

- Term Plan enhancements that may have adverse impacts on STA performance, or (3) when a treatment cell undergoing for recovery activities associated with a major event tha t compromises the structural integrity or performance of the STA. During the Stabilization Phase the treatment vegetation will be maturing and the STA performance will generally be improving toward achieving the permit effluent limitation. However, the o verall performance of the STA is extremely difficult to evaluate and predict. It is anticipated that the treatment vegetation will require one to three years after flow

- through operations begin for the affected cells to continue to improve toward achieving the permit effluent limit. During the stabilization phase the effluent limitation shall apply. Once the facility achieves the effluent limitation it shall enter the Routine Operations Phase. During the Stabilization Phase,
exceedance of the effluent limi tation is anticipated; however, the STA shall be deemed in compliance as long as the actions described in this condition and all other applicable permit conditions are met.

If a flow

- way is determined to be incapable of operating or performing effectivel y as a result of the impacts caused by one or more of the above mentioned circumstances, within 60 days the District shall submit strategies and timelines identified as being the most effective in restoring the impacted flow

- way(s) and achieving the permit effluent limit. The District’s strategies and timelines shall include, at a minimum, the following:

1. Identify the cause of the incident which resulted in the facility not achieving the effluent limitation;

2. A statement that the facility was being properly operated at the time of the incident;
3. The period of the anticipated stabilization phase; and,
4. Any remedial steps employed to ensure that the stabilization period will be as minimal as possible..Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
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Printed on recycled paper. The timely submittal and implementation of these strategies and timelines in conjunction with the Department’s review and approval of such submittals and compliance with all other applicable conditions set forth in this permit shall constitute compliance.

In addition to the reporting associated with this condition and as part of the annual reporting requirements of the permit, the District shall provide an assessment of the facility and the steps being taken to meet the WQBEL specified in Table 1 below permit effluent limit . As part of the first annual report fol lowing any adverse impact to the facility, and each subsequent year until the facility achieves the permit effluent limit, the 12 month rolling
flow

- weighted mean TP concentration of the STA outflow shall be assessed as to whether there is a trend in impro vement of performance relative to prior years. If the trend analysis that is applied to this data indicates that there is not a trend in improvement of performance, the permittee shall report as to the causes behind the lack of performance improvement. I f during a subsequent annual report the trend analysis applied to these data indicate that there is not a trend in improvement of performance after the affected flow

- way has been in flow

through operation for 24 months, the annual report shall include any remedial measures necessary to achieve improved facility performance by the end of next year, and shall provide an estimate of when the permit
effluent limit shall be achieved.

19. Routine Operations Phase - During the Routine Operations Phase, discharges from the STA shall meet the permit effluent limitations set forth in Table 1 below.

20. Operational Envelope. As a part of the annual reporting requirements in Specific Condition 28, the District shall provide an annual assessment as to whether the exis ting components of the STA-5/6 facility are operating within or outside the operational envelope. The assessment shall be based on annual inflow volumes and phosphorus loads and shall compare flows and loads to the corresponding maximum values contained in the operational envelope described in the current STA-5 and STA-6 Operations Plans. If the annual inflow volumes or phosphorus loads exceed the corresponding maximum values of the operational envelope during an annual compliance period, the District shall conduct a review of potential causes and include this review in the annual report. The review shall include a comparison of the relationships between rainfall, runoff, and phosphorus loads from the compliance year with historical data. Departmental concurrence shall be obtained prior to initiating Lake Okeechobee regulatory or water supply releases that would result in an exceedance of the maximum levels of flow or phosphorus loads contained in the operational envelope.

Factors Impacting Compliance

21. Factors Outside the Permittee’s Control. In the event that non-compliance or failure to achieve the WQBEL performanc e objectives results for any of the reasons other than those below, the permittee shall take appropriate remedial measures.

A. Anomalous R ainfall. Compliance with the effluent limitation shall not be tested in water years when the rainfall in the source basins fall outside the range of values that occurred during the period of model simulation if sufficient supplemental flows are not availa ble to maintain wet conditions in STA

- 5/6. A joint field inspection between the Department and the District will be undertaken to verify if the facility has resulted in dryout conditions that would impact compliance. In these instances, results from adjac ent years will be treated as consecutive for purposes of testing compliance. The Department may make similar adjustments where emergency discharges occur.

B. Random Variation. The permittee shall report any statistical uncertainty in the methodology usin g acceptable scientific methods.

C A.

. Other Factors . Unavoidable legal barriers or restraints , including those arising from actions orregulations not under the control of the permittee (e.g. Lake Okeechobee Regulation schedule and WCA3A Regulation schedule).Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
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Printed on recycled paper. B. Emergency Conditions. Discharges from STA-5/6 outflow structures or diversion bypass of waters through G-407 as defined in the project description shall also be allowed in accordance with the emergency provisions of Chapter 373, F.S., or when water conditions within STA-5/6 may damage existing marsh vegetation. When a diversion bypass event or series of proximal diversion bypass events is anticipated due to aforementioned conditions, the permittee shall notify the Department of the anticipated event.

Conditions for Parameters Other than Total Phosphorus

22. Comparison of Outflows to Inflows. For all water quality parameters indicated in Table 2 of this permit other than total phosphorus, mercury, and dissolved oxygen, inflow and outflow samples collected at water quality monitoring sites shall be used to determine compliance with this specific condition. Compliance with this specific condition shall be evaluated as follows:

A. If the annual average outflow concentration does not cause or contribute to violations of applicable Class III water quality standards, then the STA shall be deemed in compliance with this condition.

B. If the annual average concentration at the outflow station causes or contributes to violations of applicable Class III water quality standards, but is of equal or bett er quality than, the annual average concentration at the inflow stations, then the STA shall be deemed in compliance with this condition.

C. If the annual average concentration at the outflow cause s or contributes to violations of applicable Class III water quality standards, and also exceeds the annual average concentration at the inflow station, then the STA shall be deemed out of compliance with this condition.

23. Dissolved Oxygen. The dissolved oxygen parameter shall meet the requirements set forth in the Everglades Marsh Dissolved Oxygen Site Specific Alternative Criter ia (DO SSAC, Exhibit C). Compliance with the DO SSAC shall be evaluated annually using a statistical analysis to compare dissolved oxygen levels at the outflows to predicted model values. The specific methods for determining compliance are set forth in the DO SSAC which was adopted by Secretarial Order on January 26, 2004, and approved by the U.S. Environmental Protection Agency as a revision to the State of Florida’s water quality standards on June 16, 2004.

24. Turbidity Monitoring. Effective means of turbidity control, such as, but not limited to, turbidity curtains or the discontinuance of flow activity to and from the affected cell(s), shall be employed during all construction or maintenance activities that may create turbidity so that turbidity shall not exceed 29 NTUs above background in the receiving waters. Turbidity controls and/or preventive operation procedures shall remain in place until all turbidity has subsided and the turbidity level at the point of discharge to receiving waters meets state standards.

Turbidity monitoring equipment and personnel trained to use it shall be available on site at all times during construction or maintenance activities that result in project-generated turbidity levels in the receiving water body. The permittee shall monitor turbidity levels at least twice daily at a minimum of 4 hours apart during
these activities as follows:

A. Monitoring samples shall be taken at the following locations:

1. Background Sample(s): At affected cell/flowway inflow monitoring stations or at least 1000 feet

upstream of any construction or maintenance activities that may generate turbidity within a canal or conveyance feature outside of the treatment facility.

2. Compliance Sample(s): Upstream of the affected cell/flowway outflow monitoring stations or no

greater than 150 meters downstream of any construction or maintenance activities that may generate turbidity and within any visible plume.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
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Printed on recycled paper. B. Turbidity monitoring results shall be summarized quarterly (every three calendar months) by project component, beginning with the first calendar month in which construction or maintenance projects occur that could generate turbidity in receiving waters and continuing until all maintenance is completed. Monitoring data with supporting documents shall be submitted to the Department quarterly during the period of actual construction. The reports shall clearly identify the following information:

1. Permit number

2. Dates and time of sampling and analysis

3. A statement describing the methods used in collection, handling, storage and analysis of the samples

4. A clear description of project component activities taking place at the time of sampling

5. A map indicating the sampling locations

6. A statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data

C. Monitoring reports shall also include the following information for each sample that is taken:

1. Water depth

2. Depth of sample

3. Weather conditions

4. Water level stage and direction of flow

In the event that project-generated turbidity levels in receiving waters exceed 29 NTUs above background in the receiving waters, project component activities contributing to elevated turbidity levels shall immediately cease, and the Department shall be notified immediately. Work shall not resume until the work can be conducted in compliance with the aforementioned turbidity standard. In such cases where turbid conditions will be attributed to activities associated with dewatering, the District shall comply with the turbidity requirements set forth in the dewatering permit issued by the Department in lieu of the above requirements.

SPECIFIC CONDITIONS FOR MONITORING PROGRAM

In accordance with Subsection 373.4592(9)(h), F.S., the following monitoring conditions are intended to assess the water quality of the discharges of STA-5/6, and achievement of the WQBEL specified herein, permit effluent limit

, and to measure progress towards achieving state water quality standards.

25. Monitoring Program. Monitoring performed in accordance with this permit shall include the vegetation and water quality and quantity parameters listed below and in Table 2.

A. Long

- Term Plan Monitoring Program. The permittee shall continue to implement the portions of the PDE component of the Long

- Term Plan that are related to this permit. This program shall evaluate the effectiveness of the STAs in improving water quality and maintaining designated and existing beneficial uses of the receiving waters. Results of the monitoring efforts shall be reported as part of the annual South Florida Environmental Report (SFER).

1. Aerial Vegetation Photographs and Mapping. Aerial vegetation photographs and mapping shall be conducted in accordance with the PDE components of the Long-Term Plan.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 20 of 29

Printed on recycled paper. 2. Mercury Monitoring Program. The permittee shall monitor mercury in accordance with the approved Mercury Monitoring Plan, which is hereby incorporated by reference and made a part of this permit as Exhibit D.

3. Routine Research and Monitoring Program. The permittee shall conduct long term monitoring at the outflow monitoring stations, the inflow monitoring stations and report the results to the Department, in accordance with the annual reporting requirements of this permit. Data from this program may provide the basis for additional permit compliance requirements. The permittee shall also conduct monitoring at additional stations as defined in the PDE element of the Long-Term
Plan.

26. Diversions Bypasses

. The District shall notify the Department within 48 hours of any unanticipated diversions bypasses of flow through the G-407 gated structure. The District shall notify the Department as soon as prac ticable in advance of anticipated bypasses diversions , with the exception of routine maintenance activities . The submitted notification shall include a description of the circumstances related to the bypass diversion and a projection of the anticipated duration of the bypass diversion . All diversions bypasses occurring through the G407 structure shall be monitored for the paramete rs Total Phosphorus and Calculated Flow listed
in the Table 2 below. As soon as practicable after cessation of all bypasses diversions , the District shall submit a summary of the data collected from the table below and identify the
duration of the bypasses diversions . Bypasses shall be limited to the shortest time possible and are not allowed solely to achieve the WQBEL. Bypasses are subject to and must meet the requirements of F.A.C. Sections 62-620.610(20), (21), and (22).

Parameter Units Sample Type Frequency Total Phosphorus mg/l Grab Weekly

Flow CFS Calculated Daily Average

27. Inspection Reports. The permittee shall submit annual inspection reports to the Department evaluating the integrity and functionality of the above-ground levees and structures, including pump stations. Annual inspection reports shall be prepared by field staff trained by a Professional Engineer and reviewed by the designated superintendent of the area prior to submittal to the Department. The cover letter of the inspection report should summarize site conditions and work that was completed in response to inadequacies that may have been found during regular inspections. Every five years, at a minimum, each permitted facility shall have an inspection by a Professional Engineer registered in th e State of Florida, and the subsequent inspection report shall be signed and sealed by that Professional Engineer and submitted to the Department. A Professional Engineer or the District’s Dam Safety Officer shall review and approve major repair plans or remedial work associated with inadequacies identified during routine and formal inspections. All reporting shall be submitted to the Department in March with the initial 5-year inspection report for STA 5-1, 5-2, 5-3, 6-1 and 6-2 due in 2012. The second 5-year inspection report for STA 5/6, including the Compartment C Build-out components, will be
due in March 2017.

28. Annual Monitoring Reports. All studies, monitoring reports and technical submittals required by this permit shall be submitted to the Department in an “Annual Report”. The annual reporting requirements under this permit shall be incorporated into the SFER and submitted to the Department no later than March 1 of each year. Each Annual Report shall present the information for the previous water year, from May 1 to April 30. IfPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
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Printed on recycled paper. additional reporting modifications are required, and upon approval by the Department, the permittee may modify the Annual Report submission date to coincide with multiple reporting requirements and time periods needed for data acquisition and analysis. In addition to the permit number, and name of the permit administrator, the Annual Reports shall contain, at a minimum, the following information:

A. Quality Assurance and Quality Control. Sampling and monitoring data shall be collected, analyzed, reported and retained in accordance with Chapter 62-160, F.A.C. Any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health (DOH) under Chapter 64E-1, F.A.C., where such certification is required by Rule 62-160.300, F.A.C. The laboratory must be certified for all specific method/ analyte combinations that are used to comply with this permit. The analytical method used shall be appropriate so as to determine if the sample complies with Class III surface water quality standards as specified in Chapter 62-302, F.A.C. All field activities including on-site tests and sample collection, whether performed by a laboratory or another organization, must follow all applicable procedures described in DEP-SOP-001/01 (February 1, 2004). Alternate field procedures and laboratory methods may be used if they have been approved according to the requirements of Rules 62-160.220, and 62-160.330, F.A.C.

B. Water Quality Data. Records of monitoring information shall include all applicable laboratory information specified in Rule 62-160.340(2), F.A.C. including the following:

1. Date, location, and time of sampling or measurements
2. Person responsible for performing the sampling or measurements
3. Dates analyses were performed or the appropriate code as required by Chapter 62-160, F.A.C.

4. Laboratory/ Person responsible for performing the analyses
5. Analytical techniques or methods used, including method detection limit (MDL) and practical quantification limits (PQL)

6. Results of such analyses, including appropriat e data qualifiers, and all compounds detected

7. Depth of sampling
8. Flow conditions and weather conditions at time of sampling

9. Monthly flow volumes

In addition, the following records must be kept on file for reference during the duration of the project but are not required to be submitted in annual reports.

10. Field sampling and laboratory quality manuals
11. Sampling and analysis notes, as required under Ch. 62-160 FAC and NELAC Quality Systems (2003), respectively

C. Performance Evaluation. The Annual Report shall provide a performance evaluation for STA-5/6 containing the following information:

1. The operations status of the STA, stating whether the STA is in start-up, stabilization or routine operations

2. A comparison of inflow water quality data with outflow water quality data an appropriate statistical test with a 95% confidence interval and based on statistical distributional assumptions (e.g., Student's t-test or Mann-Whitney test); 3. A comparison of outflow phosphorus concentrations with the permit effluent limit for STA-5/6 and between the current reporting year and previous years
4. An assessment of the inflow volumes and phosphorus loads during the year relative to the anticipated operational envelope contained in the STA-5 and STA-6 Operations Plans.

Calculations for any reporting which require averaging of measurements shall be weighted by flow value.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
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Printed on recycled paper. D. Herbicide and Pesticide Tracking. The permittee shall provide in each annual report, information regarding the application of herbicides and pesticides used to exclude/eliminate undesirable vegetation and pests within STA-5/6. Such reporting shall include the names, concentrations, locations, and quantities of all herbicides and pesticides used, and a statement certifying that the permittee has adhered to manufacturer application guidelines.

E. Implementation Schedules. The Annual Report shall provide details on the following:

1. Implementation of projects the WQBEL and activities required by this permit and those affecting
flows and loads to STA-5/6
2. Source Control implementation and optimization
3. STA design modifications affecting implementation of the WQBEL and activities required by this permit;
4. Improvements, enhancements, and strategies that have been initiated and/or completed within the previous year
5. Any delays in the implementation of the improvements, enhancements, or strategies, and the duration of the delays , the reason(s) for the delays, and the expected timeframe for their resolution. 6. The operational status of the STA, stating whether the STA is in Start-up, Stabilization or Routine Operations. If the facility is in St art-up Stabilization operations during the reporting period, the report shall also include the date at which the facility entered the Stabiliz ation that Phase and the length of time it remained or is expected to remain in that phase;

7 . Implementation of STA Recovery Plans; 8. Whether revisions and/or additions to the requirements of this permit are recommended; and

9. Implementation of remedial measures in the event of non-compliance with permit conditions; and
10. Whether the facility was operated within or outside of the operational envelope per Specific Condition
20.

F. The permittee shall report with the monthly DMR if operation of facilities is impacted by or constrained due to requirements under the Endangered Species Act or Migratory Bird Treaty Act. The report should include the species involved, an estimate of the number of individuals involved, actions taken to avoid deleterious impacts on the endangered species, the affect those actions had on compliance with any condition of this permit, and an estimate of when facility operation will no longer be impacted or constrained.

29. Removal of Parameters. Upon demonstration that a specific parameter(s) is not present or is found consistently in compliance with Class III Water Quality Standards, the permittee may request a modification to the monitoring program as appropriate. A minimum of one year’s worth of data, for those parameters being sampled quarterly or more frequently, will be required prior to the Department approving any modification to the monitoring program. Parameters sampled semi-annually or annually will be examined on a case-by-case basis. The Department may approve a reduction of the monitoring frequency or waive the monitoring requirement for parameters that consistently are reported as in compliance with state water quality standards.

30. Addition of Parameters. If the Department has reason to believe that additional parameters exist that may cause or contribute to water quality violations in the receiving waters, those parameters shall be added to the monitoring section of this permit as a permit modification.

31. Public Health, Safety, or Welfare. Pursuant to Subsection 373.4592(9)(h)3, F.S., discharges from STA-5/6 shall not pose a serious danger to the public health, safety, or welfare. If warranted by additional information, the Department may include additional monitoring or compliance conditions in this permit, in accordance with Subsections 373.4592(9)(g) and (11)(a) 2, F.S.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
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Printed on recycled paper. 32. Emergency Suspension of Sampling. Under hurricane, tropical storm warnings, or other extreme weather conditions, the permittee’s normal sampling schedule may be suspended if necessary. The permittee shall notify the Department of any anticipated sampling suspension associated with hurricanes, tropical storms, or other extreme weather events that may require deviation from the normal sampling schedule. Within 14 days following the cessation of emergency conditions, the permittee shall notify the Department of when normal sampling is expected to resume.

Renewals and Modifications

33. Permit Renewal. At least 60 days prior to the expiration of this permit, the permittee shall apply for renewal of this permit. Renewal may be for a period of up to 5 years in accordance with Subsection 373.4592(9)(f),
F.S.

34. Permit Modifications for STA Optimization. Pursuant to Subsections 373 .4592(3)(b)

- (e) and (9)(j), F.S. and the PDE component of the Long

- Term Plan, the permittee may submit proposed modifications to STA

- 5/6 through the adaptive implementation process identified in the Long

- Term Plan. Within 30 days after receipt of
such a s ubmittal, the Department shall notify the permittee as to whether a permit modification is necessary. Minor modifications can be processed in letter format. The Department shall determine whether the modification is minor or major based on the nature and magnitude of the proposed modification and the potential for the modification to have environmental impacts that are significantly different from those previously considered by the Department for the activity, pursuant to Rule 62

- 343.100, F.A.C. The perm ittee shall be required to publish a notice of application pursuant to Subsections 373.413 (3) and (4), F.S., as applicable, for any requested permit modification determined to be major in accordance with this specific
condition.

35 4 . Department Review and Approval. Where conditions in this permit require Department review and approval of remedial actions or plan modifications to be implemented pursuant to this permit, the Department will consult with the permittee to ascertain whether mutual agreement can be reached. If mutual agreement on the remedial actions or plan modifications cannot be reached, the action of the Department will be deemed final agency action and will be subject to judicial or administrative review, as appropriate.

MONITORING REQUIRED: Key for Table 1 Sample Type: G = Grab sample FPC = Flow proportionate composite sample INSITU = In Situ field sample CAL = Calculated parameter PR = Pump record RG = Rain Gauge Sample Locations: Inflow Sites = STA-5: G-342A-D, G-342E&F and G-351
STA-6: G-396 B and G-353B Outflow Sites = STA-5: G-344A-D; G-344F; G-344H and G-344J STA-6: G-352B, G-354C and G-393B
Diversion Bypass Site = G-407 Sample Frequency: W = Weekly BI-W = Once every other week (26 samplings per year) Q = Quarterly DAV = Daily averages of continuous sampling DAC = Daily accumulation of continuous samplingPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
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Printed on recycled paper. DISCHARGE LIMITATIONS: Table 1: Discharge Limitations and Associated Monitoring Requirements
Discharge Limitations Monitoring Requirements

Parameters (units) Daily
Minimum Daily
Maximum Annual Average Other Monitoring Frequency Sample Type Sample
Point

Not to exceed 10 as a geometric mean (GM) annual average in

more than two consecutive years 18 as a
flowweighted

mean (FWM)
annual

average Phosphorus, Total (as P) (ppb) -- --

See Footnotes below 1234 Weekly GM – based on samples
collected

when discharge

occurs

FWM - 7- day flow proportioned composite outflow

1 All outflow TP monitoring results for this parameter shall be reported as a monthly average and as an annual average separate weekly values without rounding to whole numbers. The results shall also be re ported as FWM annual averages that are calculated based on the FWM of the weekly values. The results shall also be reported as GM annual averages that are calculated based on all sample point weekly v alues collected when discharge occurs in the previous 12 months. All FWM and GM annual averages shall be reported to the nearest whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 ppb shall be reported as 10 ppb. The “monthly average” is a flow

- weighted mean of the weekly effluent samples. The “annual average” shall be compute d for each water year (May

- April) and is equal to the flow

- weighted mean concentration for the
water year.

2 The discharge shall not cause phosphorus concentrations in the receiv ing waters to be altered so as to cause or contribute to a n imbalance in natural populations of aquatic flora or fauna. The discharge shall not cause phosphorus concentrations in the receiving waters to exceed the criteria in Rule 62-302.540(4)(a), F.A.C. Beginning at the end of April after the permit effective date and at the end of eac h April thereafter, the permittee shall report the FWM annual average using data it collected for the prior 12 months. Beginning at the end of April a fter the permit effective date and at the end of each Ap ril thereafter, the permittee sh all report the GM annual av erage using data it collecte d for each of the prior 3 years. The 10 ppb effluent limit represents the phosphorus criterion set forth in Rule 62

- 302.540(4)(a), F.A.C. and is consistent with Section 301(b)(1)(C) of the CWA. A water qual ity based effluent limitation (WQBEL) for phosphorus sh all be established in accordance with Rule 62

- 650 F.A.C. and Section 373.4592 Florida Statutes by December 31,2 010 and will be a major permit modification. It is recognized that the ultimate WQBEL to be developed may be higher than a flow

- weighted mean of 10 ppb. The antibac ksliding provisions of the CWA and NPDES regulations do not apply to an effluent limitation with a delaye d compliance date, until the date of compliance. In this case, restriction s on backsliding would not apply to the 10 ppb permit effluent limit until the established WQBEL takes effect at the end of the co mpliance schedule.

3 In the year following any two consecutive years where the TP GM annual average exceeds 10 ppb, the permittee shall report quart erly the GM of all monthly TP values for that year. If that mean exceed s 10 ppb, the permittee shall provide a report to both FDEP and USE PA by the fifteenth of the month following the quarterly report of its eval uation of why that mean is as high as it is and the specific s teps it is taking to ensure that the TP GM for that year will not exceed 10 ppb.

For the TP FWM WQBEL, the permittee shall repo rt quarterly the average of all monthly FWMs for that year. If that average exce eds 18 ppb, the permittee shall provide a report to both FDEP and USEPA by the fifteenth of the month following the quarterly report of its evaluation of why that average is as high as it is and the specific steps it is ta king to ensure that the TP FWM annual average for that year wil l not exceed 18 ppb.

4 If the facility does not meet the FWM WQB EL in any year, the permittee shall report the annual load of TP discharged by the ST A into the Everglades that is in excess of the WQBEL load (based on 18 ppb). If the facility do es not meet the GM WQBEL in any year, the permittee shall separately report the annual load of TP discharged by the STA into the Everglades that is in excess of the WQBEL load (based on 10 ppb) for that year and the previous two years.

5 All inflow TP monitoring results shall be reported as separate weekly values without rounding to whole numbers. All results sh all also be reported as monthly averages and as FWM annual averages. The monthly averages and FWM annual averages shall be calculated base d on the FWM of the weekly values and shall be reported to the nearest whole number (i.e., 10.5 ppb shall be reported as 11 ppb; 10.49 p pb shall be reported as 10 ppb).Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
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Printed on recycled paper.

Phosphorus, Total (as P) (ppb) -- -- Report 5 Weekly 7-day flow proportioned composite inflow

Oxygen, Dissolved (DO) (mg/L) Report See Specific Condition 23 Weekly Grab (Meter) outflow

Oxygen, Dissolved (DO) (mg/L) Report See Specific Condition 23 Weekly Grab (Meter) inflow

Flow (cfs)

-- Report See Specific
Condition

17

Report See Specific Condition 17 Continuous Recorder Inflow/
outflow

6 During bypasses diversions , Grab sampling will be conducted at G-407, see Specific Condition 26

7 Total Nitrogen (TN) is calculat ed from TKN and nitrate-nitrite va lues (TN=(nitrate/nitrite) + (TKN)).

8 During diversions bypasses ,G-407 will be monitored for flow, see Specific Condition 26 Table 2: STA-5/6 Routine Monitoring Program

PARAMETER UNI
TS SAMPLE

TYPE SAMPLING FREQUENCY SAMPLING
LOCATION

Dissolved Oxygen mg/l INSITU W Inflow and outflow

Mercury See attached Exhibit D Mercury Monitoring Program pH SU INSITU W Inflow and outflow

Specific Conductance μmhos INSITU W Inflow and outflow

Temperature Deg C INSITU W Inflow and outflow

Total Phosphorus (water) 6 mg/l FPC/G W Inflow, outflow and bypass diversion

Total Kjeldahl Nitrogen (TKN) 7 mg/l G BI-W Inflow and outflow

Turbidity NTU G See Specific
Condition 24 Inflow and outflow

Nitrate + Nitrite mg/l G BI-W Inflow and outflow

Sulfate mg/l G BI-W Inflow and outflow

Flow CFS PR DAV Inflow and outflow

Flow 8 CFS CAL DAV Inflow, outflow and bypass diversion Rainfall Volume in RG DAC Rainfall Sampling Station

Deleted: monitoring results shall be reported as monthly average and as an annual average. The “monthly average” is
a flow

- weighted mean of the weekly effluent samples. The “annual average” shall be computed for each water year (May

- April) and is equal to the flow

weighted mean concentration for the
water year.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 26 of 29

Printed on recycled paper.Permittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 27 of 29

Printed on recycled paper. DONE AND ORDERED on this 29th day of January, 2009 in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

____________________________________________ Jerry Brooks, Director
Division of Environmental Assessment and Restoration

JB/ em/swf/kje

FILING AND ACKNOWLEDGMENT

FILED, on this date, under Section 120.52(7), F.S., with the designated deputy clerk, receipt of which is hereby acknowledged.

_____________________________________________________ Clerk Date

ELECTRONIC COPIES FURNISHED TO:

PARTIES REQUESTING NOTICE: Miccosukee Tribe of Indians of Florida, c/o Dexter Lehtinen, Esq. Miccosukee Tribe of Indians of Florida, c/o Kelly Brooks, Esq. United States Sugar Corporation, c/o Bubba Wade Seminole Tribe of Indians of Florida, c/o Stephen A. Walker, Esq. Sugar Cane Growers Cooperative, Roth Farms, Inc., and Wedgeworth Farms, Inc., c/o William H. Green, Esq. Keith Saxe, Esq., U. S. Department of Justice Jay Gelderman, Esq., U.S. Department of Justice Michael Stevens, U.S. Department of the Interior Jeffrey J. Ward, Sugar Cane Growers Cooperative Philip S. Parsons, Landers & Parsons Helen Hickman, Brown & Caldwell Tom MacVicar, MacVicar, Frederico, & Lamb Charles Lee, Florida Audubon Society Leslie Feliciano, Katz Barron

ADDITIONAL COPIES FURNISHED TO: Jon Steverson, Governor’s Office Jeff Koons, Commissioner, Palm Beach County W.T. Maddox, Jr., Commissioner, Hendry County Stacy Ritter, Commissioner, Broward County Pam Repp, U.S. Fish and Wildlife Service Sharon Kocis, U.S. Fish and Wildlife ServicePermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 28 of 29

Printed on recycled paper. Jim Quinn, FL. Dept. of Community Affairs Charles Oravetz, Nat. Marine Fisheries Service Laura Kammerer, FL. Dept. of State- Historical Resources Don Klima, U.S. Advisory Council on Historic Preservation Johanna Mattson, Dept. of Community Affairs Ray Eubanks, Dept. of Community Affairs Laura Kammerer, Dept. of State, Div. of Historical Resources Ray Scott, Dept. of Agriculture and Consumer Services Rebecca Elliot, Dept. of Agriculture and Consumer Services John Childe, Friends of the Everglades David Reiner, Friends of the Everglades Col. Paul Grosskruger, USACOE, Jacksonville Lloyd Pike, Esq., USACOE, Jacksonville Philip Mancusi-Ungaro, Esq., USEPA, Atlanta Roosevelt Childress, USEPA, Atlanta Gina Fonzi, USEPA, Atlanta Dan Scheidt, USEPA, Athens Eric Hughes, USEPA, Jacksonville Janet Bussell, The Everglades Foundation Sylvia Pelizza, Loxahatchee National Wildlife Refuge Mark Musaus, Loxahatchee National Wildlife Refuge Mike Zimmerman, Everglades National Park Mary Ann Poole, Florida Fish and Wildlife Conservation Commission Joe Walsh, Florida Fish and Wildlife Conservation Commission, Vero Beach Mike Anderson, Florida Fish and Wildlife Conservation Commission, West Palm Beach Sheryl Wood, SFWMD, West Palm Beach Gary Goforth, Gary Goforth Inc., Stuart Joe Albers, SFWMD, West Palm Ken Ammon, SFWMD, West Palm Terrie Bates, SFWMD West Palm Ron Bearzotti, SFWMD West Palm Kirk Burns, SFWMD West Palm Linda Crean, SFWMD West Palm Deb Drum, SFWMD, West Palm George Hwa, SFWMD, West Palm Nicole Howard, SFWMD, West Palm Delia Ivanoff, SFWMD, West Palm Julianne LaRock, SFWMD West Palm Neil Larson, SWMD, West Palm Pam Lehr, SFWMD, West Palm Linda Lindstrom, SFWMD West Palm Paul Linton, SFWMD, West Palm Jeremy McBryan, SFWMD, West Palm Chip Merriam, SFWMD West Palm Tracey Piccone, SFWMD West Palm Kathy Pietro, SFWMD West Palm Dean Powell, SFWMD West Palm Garth Redfield, SFWMD, West Palm Sherry Scott, SFWMD West Palm Sean Sculley, SFWMD, West Palm Susan Sylvester, SFWMD, West Palm Stuart VanHorn, SFWMD, West PalmPermittee: South Florida Water Management District Project: Stormwater Treatment Area 5/6
FDEP File No.: 0131842-009-EM Page 29 of 29

Printed on recycled paper. Georgia Vince, SFWMD, West Palm Eric Summa, USACE Jim McAdams, USACE, Jacksonville Alisa Zarbo, USACE, Jacksonville Lauren Aiello, FDEP Brian Dougherty, FDEP Judy Warrick, FDEP, Division of State Lands Steve Watson, FDEP Division of Recreation and Parks Tracy Robb, FDEP, West Palm Beach Greg Knecht, FDEP, Tallahassee Kenneth Hayman, FDEP, Tallahassee Daryll Joyner, FDEP, Tallahassee Ernie Marks, FDEP, Tallahassee Frank Nearhoof, FDEP, Tallahassee Stacey Feken, FDEP, Tallahassee Tom Atkeson, FDEP, Tallahassee John Outland, FDEP, Tallahassee Chad Kennedy, FDEP, Tallahassee Dianne Hughes, FDEP, Tallahassee Inger Hansen, FDEP, West Palm Beach Doreen Irwin, FDEP, Tallahassee Kelli Edson, FDEP, Tallahassee