Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-41 - SURFACE WATER MANAGEMENT BASIN CRITERIA › Section 40C-41.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) The following systems located wholly or
				partially in the Econlockhatchee River Hydrologic Basin are exempted from the
				standards and criteria in subsection
				 40C-41.063(5),
				F.A.C., and section 13.4, "Environmental Resource Permit Applicant's Handbook,
				Volume II: For Use Within the Geographic Limits of the St. Johns River Water
				Management District", as incorporated by reference in subsection
				 40C-41.043(5),
				F.A.C.:
(a) Each system for which the
				District has issued a general or individual permit, pursuant to Chapter 40C-4
				or 40C-40, F.A.C., prior to April 3, 1991. The benefit conferred by this
				subsection shall apply only to the project area and the plan, as approved in
				the referenced permit.
(b) Each
				system for which the District has issued a permit pursuant to Chapter 40C-42,
				F.A.C., prior to September 1, 1990, and for which construction has begun prior
				to March 1, 1991, pursuant to the referenced permit. The benefit conferred by
				this subsection shall apply only to a system which did not require a permit
				pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to April 3, 1991 and only to
				the project area and the plan, as approved in the referenced permit.
(c) Each system for which the District has
				issued a permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to September
				1, 1989, authorizing construction of a master system for drainage and flood
				control. The benefit conferred by this subsection shall apply only to the
				project area served by the master system and to the plan, as approved in the
				referenced permit.
(d) Each system
				for which the District has issued, pursuant to Chapter 40C-4, F.A.C., and prior
				to September 1, 1989, both a conceptual approval permit and at least one permit
				authorizing construction consistent with the conceptual approval permit. The
				benefit conferred by this subsection shall apply only to the project area and
				plan approved in the referenced conceptual approval permit.
(e) Each system which consists of an
				improvement to an existing public road which will be constructed by a
				governmental entity provided the governmental entity:
1. Has monetary funds fully allocated or
				appropriated for that system; and
2. Has filed an eminent domain action in an
				appropriate court, as of June 1, 1991, seeking to condemn land wholly or
				partially located within the Econlockhatchee River Hydrologic Basin to be used
				for the construction of the system; and
3. Has a construction design for such system
				which is 90% complete as of April 3, 1991; and
4. Files a conceptual approval, general or
				individual permit application with the District for such system on or before
				June 1, 1991, which application is not subsequently withdrawn and which
				contains the factual information necessary to establish that the system meets
				the conditions contained in this subsection.
(f) A permitholder for a system which meets
				the conditions described in paragraphs (a)-(d), who has complied with all
				permit conditions regarding the system, and who asserts that the system can
				qualify for an exemption under this section shall notify the District in
				writing prior to June 1, 1991. The notification shall contain the name of the
				project, the District permit number(s) for the project, all factual information
				necessary to establish that the system meets the referenced conditions and
				permit conditions, and a clear statement that an exemption pursuant to this
				section is sought. The failure to timely and fully notify the District serves
				as a waiver of the benefits conferred by this section. When the District
				receives the permitholder's notification, the District staff will review the
				submitted information for consistency with the provisions of this section and
				will inspect the permitted project for compliance with permit conditions. If
				the notification meets the requirements of this section and the permitholder
				has complied with all of the permit conditions, the staff will respond in
				writing to the permitholder confirming that they have qualified for the
				benefits conferred by this section. If the staff finds that the notification
				fails to meet the requirements of this section or that any of the permit
				conditions have not been complied with, the staff will respond in writing to
				the permitholder, notifying them that they have not qualified for the benefits
				conferred by this section.