reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart B - EAA Basin - Individual Permits › Section 40E-63.130 - Individual Permit Application Requirements in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
(1) Individual Permits are required for all
					 structures which discharge or release water to one of the Works of the District
					 within the Everglades as defined in Rule
					  40E-63.106, F.A.C., (Works of
					 the District within the Everglades), unless granted a general permit or
					 included in a Master Permit pursuant to Part I of this chapter.
(a) Individual permit applications must be
					 submitted by the owner of land on which a structure is located and any entity
					 responsible for operating the structure. The permit application must include
					 the owners of all parcels which discharge water tributary to the
					 structure.
(b) Individual permit
					 applications must be submitted by the owners of all parcels not included in
					 either paragraph (a) above, a general permit, or a master permit.
(c) Applications may be submitted by a lessee
					 of a parcel provided the lease is in writing, and reasonable assurance is
					 provided that the lessee has the legal and financial capability of implementing
					 the BMP Plan, monitoring plan and other permit conditions. Reasonable assurance
					 shall be provided by a lease with a duration as long as the duration of an
					 individual permit issued pursuant to Part I of this chapter together with an
					 application co-signed by the parcel owner; however, other alternatives
					 submitted by an applicant will be considered.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart B - EAA Basin - Individual Permits › Section 40E-63.132 - Content of Application for Individual Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
Applications for Individual Permits shall contain all the
						following:
(1) Date and signature of
					 the owner or entity responsible for operating all control structures that
					 discharge to District primary canals and of owners of all parcels included in
					 the permit application.
(2) A clear
					 delineation of the area and acreage contained in the permit application,
					 including a map which is correlated with the list of parcel owners in
					 subsection (1) above.
(3) Copies of
					 any existing contracts, agreements, or equivalent regarding use or operation of
					 the control structure between the entity responsible for operating the control
					 structure and the parcel owners included in the application.
(4) A list of all District permits required
					 for the application area and their status.
(5) A completed copy of Form 0779, entitled
					 "Application For A Works Of The District Permit", which is published by
					 reference and incorporated into this chapter.
(6) All the information specified in
					 Application Guidebook 0779, entitled "Guidance For Preparing An Application For
					 A Works Of The District Permit In The Everglades Pursuant To Chapter 40E-63,
					 F.A.C.", dated May 14, 1992, which is published by reference and incorporated
					 into this chapter.
(7) All the
					 information necessary to satisfy the conditions for issuance of Individual
					 Permits in Rule  40E-63.136,
					 F.A.C.
Rulemaking Authority
						  373.044,
						  373.113 FS. Law Implemented
						  373.016,
						  373.085,
						  373.086,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 1-22-92, Amended
						  7-7-92.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart B - EAA Basin - Individual Permits › Section 40E-63.134 - Permit Application Processing Fee for Individual Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
The following permit application processing fees shall be
						paid to the District at the time the following actions on Individual Permits
						are filed.
(1) For new applications
					 for Individual Permits: a minimum fee of $1, 880, plus $1.50 per acre for each
					 acre above 320 acres in size, with a total maximum fee of $30, 000.
(2) For renewals (with or without
					 modifications) to existing Individual Permits: a fee of $1, 560, plus $0.25 per
					 acre for each acre over 320 acres, with a maximum fee of $5, 000.
(3) For a Modification of an existing
					 Individual Permit: a fee of $1880.
(4) For a Letter Modification of an existing
					 Individual Permit: a fee of $500.
(5) For Administrative Information Updates to
					 an existing Individual Permit: No Fee.
(6) For Transfers of existing Individual
					 Permits: a fee of $200.
(7) An
					 application shall not be considered complete until the appropriate application
					 fee is submitted. These fees are assessed in order to defray the cost of
					 evaluating, processing, monitoring, and inspecting for compliance required in
					 connection with consideration of such applications. Failure of any applicant to
					 pay the applicable fees established herein will result in denial of an
					 application.
Rulemaking Authority
						  373.044,
						  373.109,
						  373.113 FS. Law Implemented
						  373.016,
						  373.085,
						  373.086,
						  373.109,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 1-22-92, Amended 7-7-92,
						  7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart B - EAA Basin - Individual Permits › Section 40E-63.136 - Conditions for Issuance of Individual Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
In order to obtain a permit under Part I of this chapter,
						an applicant must satisfy all the following conditions:
(1) Submit and implement a BMP Plan which
					 includes:
(a) A description of Best Management
					 Practice implementation and operation;
(b) A description of Best Management Practice
					 rationale (Best Management Practice research can be used to supplement data
					 where appropriate);
(c) A
					 consideration of the Best Management Practices listed in Appendix A2,
					 incorporated by reference into this chapter, and an explanation of why Best
					 Management Practices not included in the BMP Plan are not suitable for
					 implementation;
(d) A fertilization
					 and water management plan for each crop, combination of crops or farming
					 units;
(e) A water management
					 system design plan, including a water budget, probable volume and timing of
					 discharge, nutrient recovery rationale, field water management strategies,
					 infrastructure descriptions, and inter-and intra-operation water
					 routing;
(f) A monitoring plan to
					 verify Best Management Practice implementation, operation and effectiveness
					 (Best Management Practice research can be used to supplement data where
					 appropriate);
(g) An education and
					 training program for management and operation staff responsible for
					 implementing and monitoring the approved BMP Plan;
(h) A schedule for implementing the BMP Plan.
					 The schedule must require Best Management Practices to be in place by February
					 1, 1995.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart B - EAA Basin - Individual Permits › Section 40E-63.138 - Duration of Individual Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
(1) Individual Permits issued pursuant to
					 Part I of this chapter remain effective until January 1, 1997. The duration of
					 renewals of or modifications to Individual Permits issued pursuant to Part I of
					 this chapter will be specified by the District as a permit condition in the
					 renewal or modification.
(2) An
					 application for renewal must be submitted prior to expiration of the permit.
					 Applications for renewals must contain all information required for new
					 applications. Applications for renewals will be evaluated based on the criteria
					 in effect at the time the application is filed.
(3) When timely application is made, the
					 existing permit shall not expire until final agency action. If the permit is
					 denied or the pending approved permit conditions are modified from the previous
					 issuance, the existing permit shall not expire until the last day for seeking
					 review of the District order.
Rulemaking Authority
						  373.044,
						  373.113 FS. Law Implemented
						  373.085,
						  373.086,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 1-22-92, Amended 7-7-92, 1-1-97,
						  7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart B - EAA Basin - Individual Permits › Section 40E-63.140 - Modification of Individual Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
A permittee may apply for a modification to an Individual
						Permit issued under Part I of this chapter by submitting the same information
						required for new applications, unless the permit has expired or has been
						otherwise revoked or suspended and provided the permit is in compliance with
						all applicable permit conditions. Modifications will be evaluated based on the
						criteria in effect at the time the application to modify is submitted.
(1) Applications to modify an existing Works
					 of the District Individual Permit shall contain the information required by
					 Rule  40E-63.132, F.A.C., and shall
					 identify the portion of the existing authorization for which the modification
					 is requested.
(2) Applications to
					 modify existing Works of the District Individual Permits shall be made by the
					 following methods:
(a) Modification requiring
					 District Governing Board action for final determination; or
(b) Letter Modifications and Administrative
					 Information Updates for which the District Governing Board has delegated
					 authority for final action pursuant to Rule
					  40E-63.141, F.A.C., below.
Letter Modifications and Administrative Information
						Updates to existing Individual Permits pursuant to subsections (4) and (5)
						below are acknowledged and approved by letter with an accompanying Permit
						Review Summary (Staff Report) from the District or designee through
						correspondence to the permittee.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart B - EAA Basin - Individual Permits › Section 40E-63.141 - Delegation of Authority Pertaining to Letter Modifications and Administrative Information Updates of Existing Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
The Governing Board delegates to and appoints the
						Executive Director, Deputy Executive Director, Water Resource Regulation
						Department Director, Water Resource Regulation Deputy Department Director,
						Everglades Regulation Director and Service Center Directors, as its agents to
						review and take final action on all Letter Modifications and Administrative
						Information Updates issued under Chapter 40E-63, F.A.C. However, staff
						recommendations for denial of such applications shall be considered by the
						Governing Board.
Rulemaking Authority
						  373.044,
						  373.113 FS. Law Implemented
						  373.016,
						  373.085,
						  373.086,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart B - EAA Basin - Individual Permits › Section 40E-63.142 - Transfer of Individual Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
A permittee and prospective owner must notify the
						District within 30 days of any transfer of interest or control, sale or
						conveyance of real property or works permitted under Part I of this chapter.
						The permittee/seller shall notify the District of the transfer using Form 0779,
						Section 1, providing the name and address of the new owner or person in control
						and a copy of the instrument effectuating the transfer. The transferee shall
						submit the appropriate transfer application and fee using a completed Form
						0779, Section 2. The District will transfer the permit provided the land
						practice remains the same and the permittee is in compliance with all
						conditions of the permit. All conditions of the permit remain applicable to the
						new permittee. If the District is not so notified by the transferee within 90
						days of the sale or conveyance of the property, the permit is void and the
						transferee will be required to apply for a new permit.
Rulemaking Authority
						  373.044,
						  373.113 FS. Law Implemented
						  373.016,
						  373.085,
						  373.086,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 1-22-92, Amended
						  7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.150 - Master Permit Application Requirements in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
(1) A Master Permit application may be
					 submitted for lands which:
(a) Meet the
					 responsibility requirements specified in paragraph
					  40E-63.156(1)(b),
					 F.A.C., below; and
(b) Are either
					 contiguous, have interconnected drainage systems or propose coordinated BMP
					 Plans.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.152 - Content of Application for Master Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
Applications for Master Permits shall contain the
						following:
(1) Date and signature of
					 the applicant entity or group of owners submitting the application;
(2) All information required by subsections
					  40E-63.132(2), (3), (4), (5), (6) and
					 (7), F.A.C. (Content of Application for
					 Individual Permits in the EAA Basin).
(3) Information which demonstrates that the
					 applicant entity or cooperating group of landowners possesses the legal,
					 financial, and institutional authority and ability to carry out all acts
					 necessary to implement the terms and conditions of the permit, including, at a
					 minimum:
(a) A description of the legally
					 responsible entity or cooperating group of landowners, and copies of enabling
					 legislation, articles of incorporation, interlocal agreements, deeds,
					 contracts, or other evidence of authority;
(b) A description of financial, institutional
					 and other resources available to implement BMP programs, monitoring plans, and
					 enforcement and compliance efforts;
(c) Interlocal agreements with any
					 participating municipalities and other entities of local government, indicating
					 their consent and intent to participate in the Master Permit and specifying the
					 terms of the participation;
(d)
					 Written contracts with participating landowners indicating their consent and
					 intent to participate and specifying the terms of participation;
(e) Identification of the area covered by the
					 Master Permit application, including identification of all areas and owners
					 within the general area who have elected to participate in the Master Permit
					 application.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.154 - Permit Application Processing Fee for Master Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
The following permit application processing fees shall be
						paid to the District at the time the following actions on Master Permits are
						filed.
(1) For new applications for a
					 Master Permit: a minimum fee of $1, 880, plus $1.50 per acre for each acre
					 above 320 acres in size, with a total maximum fee of $750, 000.
(2) For renewals (with or without
					 modifications) to existing Master Permits: a fee of $1, 680, plus $0.25 per
					 acre for each acre above 320, with a total maximum fee of $150, 000.
(3) For a Modification of an existing Master
					 Permit: a fee of $1880.
(4) For a
					 Letter Modification of an existing Master Permit: a fee of $500.
(5) For Administrative Information Updates to
					 an existing Master Permit: No Fee.
(6) For Transfers of existing Master Permits:
					 a fee of $500.
(7) An application
					 shall not be considered complete until the appropriate application fee is
					 submitted. These fees are assessed in order to defray the cost of evaluating,
					 processing, monitoring, and inspecting for compliance required in connection
					 with consideration of such applications. Failure of any applicant to pay the
					 applicable fees established herein will result in denial of an
					 application.
Rulemaking Authority
						  373.044,
						  373.109,
						  373.113 FS. Law Implemented
						  373.016,
						  373.085,
						  373.086,
						  373.109,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 1-22-92, Amended 7-7-92,
						  7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.156 - Conditions for Issuance for Master Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to obtain a permit under Part I
					 of this Chapter, an applicant must satisfy all the following conditions:
(a) The permittee shall comply with all
					 conditions required by subsections
					  40E-63.136(1), (2) and
					 (3), F.A.C. (Conditions for Issuance of
					 Individual Permits in the EAA Basin); and
(b) The permittee shall demonstrate
					 sufficient legal and financial capability to carry out all acts necessary to
					 implement the terms and conditions of the Master Permit, including the ability
					 to take necessary enforcement action.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.158 - Duration of Master Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
(1) Master Permits issued pursuant to Part I
					 of this chapter remain effective until January 1, 1997. The duration of or
					 modifications to Master Permits issued pursuant to Part I of this chapter will
					 be specified by the District as a permit condition in the renewal or
					 modification.
(2) An application
					 for renewal must be submitted prior to expiration of a permit. Applications for
					 renewals must contain information required for new applications. Applications
					 for renewals will be evaluated based on the criteria in effect at the time the
					 application is filed.
(3) When
					 timely application is made, the existing permit shall not expire until final
					 agency action. If the permit is denied or the pending approved permit
					 conditions are modified from the previous issuance, the existing permit shall
					 not expire until the last day for seeking review of the District
					 order.
Rulemaking Authority
						  373.044,
						  373.113 FS. Law Implemented
						  373.085,
						  373.086,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 1-22-92, Amended 7-7-92, 1-1-97,
						  7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.160 - Modification of Master Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
A permittee may apply for a modification to a Master
						Permit issued under Part I of this chapter by submitting the same information
						required for new applications, unless the permit has expired or has been
						otherwise revoked or suspended and provided the permit is in compliance with
						all applicable permit conditions. Modifications will be evaluated based on
						criteria in effect at the time the application to modify is submitted.
(1) Applications to modify an existing Works
					 of the District Master Permit shall contain the information required by Rule
					  40E-63.152, F.A.C., and shall
					 identify the portion of the existing authorization for which the modification
					 is requested.
(2) Applications to
					 modify existing Works of the District Master Permits shall be made by the
					 following methods:
(a) Modification requiring
					 District Governing Board action for final determination; or
(b) Letter Modifications and Administrative
					 Information Updates for which the District Governing Board has delegated
					 authority for final action pursuant to Rule
					  40E-63.161, F.A.C., below.
Letter Modifications and Administrative Information
						Updates to existing Master Permits pursuant to subsections (4) and (5) below
						are acknowledged and approved by letter with an accompanying Permit Review
						Summary (Staff Report) from the District or designee through correspondence to
						the permittee.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.161 - Delegation of Authority Pertaining to Letter Modifications and Administrative Information Updates of Existing Master Permits

Current through Reg. 50, No. 138; July 16, 2024
The Governing Board delegates to and appoints the
						Executive Director, Deputy Executive Director, Water Resource Regulation
						Department Director, Water Resource Regulation Deputy Department Director,
						Everglades Regulation Director and Service Center Directors, as its agents to
						review and take final action on all Letter Modifications and Administrative
						Information Updates issued under Chapter 40E-63, F.A.C. However, staff
						recommendations for denial of such applications shall be considered by the
						Governing Board.
Rulemaking Authority
						  373.044,
						  373.113 FS. Law Implemented
						  373.016,
						  373.085,
						  373.086,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.162 - Transfer of Master Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
A permittee and prospective owner must notify the
						District within 30 days of any transfer of interest or control, sale or
						conveyance of real property or works permitted under Part I of this chapter.
						The permittee/seller shall notify the District of the transfer using Form 0779,
						Section 1, providing the name and address of the new owner or person in control
						and a copy of the instrument effectuating the transfer. The transferee shall
						submit the appropriate transfer application and fee using a completed Form
						0779, Section 3. The District will transfer the permit provided the land
						practice remains the same and the permittee is in compliance with all
						conditions of the permit. All conditions of the permit remain applicable to the
						new permittee, including the legal, financial and institutional capability to
						carry out all acts necessary to the terms and conditions of the Master Permit.
						If the District is not so notified by the transferee within 90 days of the sale
						or conveyance of the property, the permit is void and the transferee will be
						required to apply for a new permit.
Rulemaking Authority
						  373.044,
						  373.113 FS. Law Implemented
						  373.016,
						  373.085,
						  373.086,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 1-22-92, Amended
						  7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.163 - Limiting Conditions for Master Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board shall impose on any Master
					 Permit granted under Part I of this chapter such reasonable conditions as are
					 necessary to assure that the permitted discharge will be consistent with the
					 overall objectives of the District and will not be harmful to the water
					 resources of the District.
(2) In
					 addition to special conditions, all the following standard limiting conditions
					 (a)-(c) shall be attached to all master permits:
(a) All conditions required by paragraphs
					  40E-63.143(2)(a) 
					 -(l), F.A.C. (Limiting Conditions for Individual Permits in the EAA
					 Basin).
(b) Legal entities or
					 groups of cooperating landowners responsible for implementing a Master Permit
					 shall remain capable of performing their responsibilities required by permits
					 issued pursuant to Part I of this chapter.
(c) In the event that the District determines
					 that any participant in a Master Permit is not complying with the specific
					 terms and conditions of the Master Permit, the District will institute
					 enforcement proceedings against either the Master Permit holder, the
					 participant, or both, and if necessary, require the individual participant to
					 apply for an Individual Permit.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart C - EAA Basin - Master Permits › Section 40E-63.165 - Compliance and Enforcement of Master Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
The provisions of Rule
						 40E-63.145, F.A.C., (Compliance
						and Enforcement of Individual Permits in the EAA Basin) apply to the compliance
						and enforcement of Master Permits issued pursuant to Part I of this
						chapter.
Rulemaking Authority
						  373.044,
						  373.113 FS. Law Implemented
						  373.016,
						  373.085,
						  373.086,
						  373.451,
						  373.453,
						  373.4592
						  FS.
New 1-22-92, Amended
						  7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part II - EVERGLADES WATER SUPPLY AND HYDROPERIOD IMPROVEMENT AND RESTORATION › Section 40E-63.201 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						373.4592 FS. Law Implemented
						373.4592(4)(b)
						FS.
New 11-26-95, Repealed by Section 3, Chapter 2012-31,
						Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part II - EVERGLADES WATER SUPPLY AND HYDROPERIOD IMPROVEMENT AND RESTORATION › Subpart A - BMP Replacement Water › Section 40E-63.211 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						  373.4592 FS. Law Implemented
						  373.4592(4)(b)
						  FS.
New 11-26-95, Repealed by Section 3, Chapter 2012-31,
						  Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part II - EVERGLADES WATER SUPPLY AND HYDROPERIOD IMPROVEMENT AND RESTORATION › Subpart A - BMP Replacement Water › Section 40E-63.212 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						  373.4592 FS. Law Implemented
						  373.4592(4)(b)
						  FS.
New 11-26-95, Repealed by Section 3, Chapter 2012-31,
						  Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part II - EVERGLADES WATER SUPPLY AND HYDROPERIOD IMPROVEMENT AND RESTORATION › Subpart A - BMP Replacement Water › Section 40E-63.223 - Model to Quantify Annual Allocation of Replacement Water (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						  373.4592 FS. Law Implemented
						  373.4592(4)(b)
						  FS.
New 11-26-95, Repealed by Section 3, Chapter 2012-31,
						  Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part II - EVERGLADES WATER SUPPLY AND HYDROPERIOD IMPROVEMENT AND RESTORATION › Subpart A - BMP Replacement Water › Section 40E-63.225 - Delivery of Average Annual Allocation of Replacement Water (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						  373.4592 FS. Law Implemented
						  373.4592(4)(b)
						  FS.
New 11-26-95, Repealed by Section 3, Chapter 2012-31,
						  Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part III - BMP RESEARCH, TESTING AND IMPLEMENTATION TO ADDRESS WATER QUALITY STANDARDS › Section 40E-63.301 - Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) The 1994 Everglades Forever Act (Section
				   373.4592, F.S.) requires the
				  District to amend Chapter 40E-63, F.A.C., to establish requirements of
				  Everglades Agricultural Area (EAA) landowners to sponsor through the EAA
				  Environmental Protection District (EAA-EPD) or otherwise and implement a
				  comprehensive program of research, testing and implementation of BMPs that will
				  address all water quality standards within the EAA and the Everglades
				  Protection Area.
(2) The goal of
				  the regulatory program contained in this chapter is to establish a schedule of
				  BMP research, testing, and implementation to identify water quality parameters
				  that are not being significantly improved by the stormwater treatment areas
				  (STAs) and the current level of BMPs being widely implemented throughout the
				  EAA, and to identify strategies needed to address such parameters.
(3) The research program prescribed by this
				  chapter shall include field testing of BMPs in a sufficient number of
				  representative sites in the EAA which reflect soil and crop types within the
				  EAA, as well as other factors that effect BMP effectiveness and
				  design.
(4) Continued basin
				  monitoring and the operation of the STAs will yield additional data concerning
				  water quality in the Everglades Protection Area (EPA). As additional data is
				  collected, and in light of future rulemaking to recognize existing actual
				  beneficial uses of the conveyance canals in the EAA, this rule shall be
				  reviewed at a minimum of once every five years, and amended if necessary. These
				  reviews and potential amendments may include, but are not limited to, an
				  increase or reduction in parameters monitored and an increase or reductions of
				  BMPs being tested.
(5) As per the
				  Everglades Forever Act, by December 31, 2006, all permittees which discharge to
				  the EPA shall implement additional water quality measures, taking into account
				  the water quality treatment provided by the STAs and the effectiveness of
				  BMPs.
(6) It is the intent of the
				  District that the program of BMP research, testing, and implementation
				  conducted pursuant to this chapter be complementary with research on BMP
				  related issues undertaken by other entities. Every effort shall be made to
				  avoid requiring unnecessary or duplicative studies.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.4592(4)(f)
						FS.
New 1-1-97, Amended
						6-30-97.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part III - BMP RESEARCH, TESTING AND IMPLEMENTATION TO ADDRESS WATER QUALITY STANDARDS › Section 40E-63.302 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
(1) A master permit
				  (on behalf of EAA landowners) to sponsor and conduct a program of BMP research,
				  testing and implementation must be obtained by the EAA-EPD or its successor
				  interests.
(2) If a notice of
				  intent to issue a master permit has not been issued to the EAA-EPD or its
				  successor interests as required by subsection
				   40E-63.302(1),
				  F.A.C., by August 1, 1997, all landowners who are required to obtain a Works of
				  the District permit pursuant to subsection
				   40E-61.041(4),
				  Rules  40E-63.130 and
				   40E-63.150, F.A.C., must modify
				  such permits individually to comply with this Part pursuant to Rules
				   40E-63.320 through
				   40E-63.323,
				  F.A.C.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.4592(4)(f)
						FS.
New 1-1-97, Amended
						6-30-97.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part III - BMP RESEARCH, TESTING AND IMPLEMENTATION TO ADDRESS WATER QUALITY STANDARDS › Section 40E-63.305 - Master Permit

Current through Reg. 50, No. 138; July 16, 2024
A master permit constituting compliance with the rules
					 adopted pursuant to Section 373.4592(4)(f)2., F.S., is hereby granted by the
					 District to landowners identified in subsection
					  40E-61.041(4),
					 Rules  40E-63.130 and  40E-63.150, F.A.C., provided
					 that a scope-of-work addressing a program of BMP research, testing and
					 implementation pursuant to the criteria specified in subsections
					  40E-63.310(1) 
					 -(6), F.A.C., sponsored by the EAA landowners through the EAA-EPD or its
					 successor interests, is submitted to the District, and approved by the
					 District.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.4592(4)(f)
						FS.
New 1-1-97, Amended
						6-30-97.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part III - BMP RESEARCH, TESTING AND IMPLEMENTATION TO ADDRESS WATER QUALITY STANDARDS › Section 40E-63.312 - Transfer of Master Permit

Current through Reg. 50, No. 138; July 16, 2024
(1) The master
				  permit granted by this rule may be transferred to another entity.
(2) To transfer the master permit, the
				  proposed transferee must submit a written request to transfer the master
				  permit. This request shall be submitted to the South Florida Water Management
				  District, Surface Water Management Division, 3301 Gun Club Road, West Palm
				  Beach, Florida 33406, Attention: Everglades Regulation Department.
(3) The District will approve the request to
				  transfer provided the transferee provided reasonable assurances that the permit
				  conditions listed in Rule
				   40E-63.310, F.A.C., will
				  continue to be met.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.4592(4)(f)
						FS.
New 1-1-97, Amended
						6-30-97.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part III - BMP RESEARCH, TESTING AND IMPLEMENTATION TO ADDRESS WATER QUALITY STANDARDS › Section 40E-63.313 - Master Permit Duration

Current through Reg. 50, No. 138; July 16, 2024
The master permit issued pursuant to this Part shall expire
					 5 years from issuance. The duration of renewals or modifications to the master
					 permit issued pursuant to this Part will be for five year
					 terms.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.4592(4)(f)
						FS.
New 1-1-97, Amended
						6-30-97.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part III - BMP RESEARCH, TESTING AND IMPLEMENTATION TO ADDRESS WATER QUALITY STANDARDS › Section 40E-63.314 - Master Permit General Conditions

Current through Reg. 50, No. 138; July 16, 2024
The master permit shall be subject to the following
					 conditions subsections (1)-(9):
(1)
				  All field sampling required as part of this research shall be collected
				  according to an approved FDEP Comprehensive Quality Assurance Plan as specified
				  in subsection  40E-63.310(2),
				  F.A.C.
(2) All laboratory analysis
				  of parameters required as part of this research shall be analyzed by a
				  laboratory certified in accordance with Section
				   403.0625, F.S., to analyze the
				  specific parameters identified in the permitted program
				  scope-of-work.
(3) All data
				  collected as part of this research shall be available in a database format,
				  clearly described and made available to all parties.
(4) The research elements shall be
				  implemented no later than 6 months following District approval of the
				  scope-of-work.
(5) The permittee
				  shall submit to the District the quarterly and annual reports as specified in
				  the approved scope-of-work. The first annual report is due one year and 180
				  days after issuance of the permit.
(6) The permittee shall allow District staff
				  or designated agents access to the permitted property for the purpose of
				  evaluating the water quality monitoring system on site, collecting water
				  quality samples, or monitoring Best Management Practice testing and
				  implementation. District staff shall attempt to notify the permittee by
				  telephone prior to a site visit. Since it is not possible to predict precisely
				  when discharges will occur or problems will arise resulting in the need for a
				  site visit, the District may not be able to provide a lengthy period of notice
				  to the designated person in advance of a visit.
(7) This permit does not relieve the
				  permittee of the responsibility to comply with all other laws or regulations
				  applicable to the use of or discharges from the parcel.
(8) This permit does not convey to the
				  permittee any property right nor any rights or privileges other than those
				  specified in the permit.
(9) This
				  permit does not relieve the permittee from liability for harm or injury to:
				  human health or welfare; animal, plant or aquatic life; or
				  property.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.4592(4)(f)
						FS.
New 1-1-97, Amended 6-30-97,
						7-3-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part III - BMP RESEARCH, TESTING AND IMPLEMENTATION TO ADDRESS WATER QUALITY STANDARDS › Section 40E-63.320 - Individual Permits for BMP Research

Current through Reg. 50, No. 138; July 16, 2024
If a master permit for BMP research is not obtained by
					 August 1, 1997, or if conditions of the master permit are not met, all
					 landowners identified in subsection
					  40E-61.041(4),
					 Rules  40E-63.130 and
					  40E-63.150, F.A.C., shall be
					 required to modify their Works of the District (WOD) permits, issued pursuant
					 to Part I of Chapters 40E-61 and 40E-63, F.A.C., individually in order to
					 comply with the requirements of Section
					  373.4592(4)(f),
					 F.S.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.4592(4)(f)
						FS.
New 1-1-97, Amended
						6-30-97.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part III - BMP RESEARCH, TESTING AND IMPLEMENTATION TO ADDRESS WATER QUALITY STANDARDS › Section 40E-63.321 - Conditions for Issuance of Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
The applications for modification of WOD permits,
					 referenced under Rule
					  40E-63.320, F.A.C., shall
					 contain all applicable requirements listed under Rule
					  40E-63.310, F.A.C. Application
					 for the modifications to WOD permits, issued pursuant to Part I of Chapters
					 40E-61 and 40E-63, F.A.C., must be submitted within 60 days of notification by
					 the District that the master permit will not be issued or is no longer valid.
					 All pertinent administration of these modified permits (e.g., duration,
					 transfers) shall continue to be conducted per the provisions set forth in Part
					 I of Chapters 40E-61 and 40E-63, F.A.C.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.4592(4)(f)
						FS.
New 1-1-97, Amended
						6-30-97.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part III - BMP RESEARCH, TESTING AND IMPLEMENTATION TO ADDRESS WATER QUALITY STANDARDS › Section 40E-63.323 - Individual Permit Conditions

Current through Reg. 50, No. 138; July 16, 2024
All conditions listed under Rule
					  40E-63.314, F.A.C., shall be
					 included in each modified permit referenced under Rule
					  40E-63.320,
					 F.A.C.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.4592(4)(f)
						FS.
New 1-1-97, Amended
						6-30-97.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part IV - EVERGLADES PROGRAM: C-139 BASIN › Section 40E-63.400 - Purpose and Policy

Current through Reg. 50, No. 138; July 16, 2024
(1) This part of
				  Chapter 40E-63, F.A.C., implements requirements of the Everglades Forever Act
				  (EFA), Sections 373.4592(4)(f)5. and 6., F.S., for the C-139 Basin, and also
				  provides a regulatory process for landowners whose water management systems
				  connect with and make use of the canals, structures and other Works of the
				  District within the C-139 Basin, in accordance with Section
				   373.085, F.S.
(2) Since water quality monitoring data from
				  the C-139 Basin demonstrate that the landowners within the C-139 Basin have
				  collectively exceeded historical annual phosphorus loading levels, landowners
				  are required to implement a best management practices (BMP) program for
				  reduction of phosphorus in discharges that is consistent with the land uses
				  within the Basin.
(3) The
				  objectives of this part of Chapter 40E-63, F.A.C., are as follows:
(a) To implement and continuously improve
				  through adaptive management a BMP program, including modifications to existing
				  water management systems, for reducing and controlling phosphorus discharges
				  from the C-139 Basin;
(b) To
				  provide a water quality monitoring program, performance measures and a
				  compliance methodology to evaluate the effectiveness of the BMP program in
				  reducing phosphorus discharges;
(c)
				  To establish a BMP compliance verification and enforcement program to ensure
				  that phosphorus discharges from the basin do not exceed historic levels, based
				  upon water quality monitoring data from the period October 1, 1978 to September
				  30, 1988, in accordance with Chapter 40E-63, F.A.C., Appendix B2, "C-139 Basin
				  Performance Measure Methodology", dated November 2010 (incorporated by
				  reference in subsection
				   40E-63.446(1),
				  F.A.C.); and
(d) To develop and
				  conduct research and demonstration projects to improve and confirm the
				  effectiveness of BMPs for reducing phosphorus and other constituents that are
				  not being significantly improved by either Stormwater Treatment Areas (STAs) or
				  BMPs.