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-63.143 - Limiting Conditions for Individual Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board shall impose on any Individual
					 Permit granted under Part I of this chapter such reasonable conditions as are
					 necessary to assure that the permitted discharge will be consistent with the
					 overall objectives of the District and will not be harmful to the water
					 resources of the District.
(2) In
					 addition to special conditions, all the following standard limiting conditions
					 (a)-(l) shall be attached to all Individual permits:
(a) The permittee shall successfully
					 implement all elements and requirements of the approved BMP Plan according to
					 schedule, including monitoring of implementation, operation and
					 rationale.
(b) The permittee shall
					 implement all elements and requirements of the approved monitoring program
					 adequately and according to the approved schedule to ensure that flow, total
					 phosphorus concentration, and phosphorus load are documented.
(c) The permittee shall submit to the
					 District the reports of monitoring results as required by the approved
					 monitoring plan. Quantitative data must be submitted in electronic format. The
					 first report is due 180 days after issuance of the permit. The first annual
					 report is due one year and 180 days after issuance of the permit.
(d) The permittee shall submit to the
					 District reports summarizing implementation of the approved BMP Plan. The
					 report must contain a summary of all required activities including Best
					 Management Practice installation, Best Management Practice operation activities
					 (pertinent to water management and nutrient management), water quality
					 assurance audits, and monitoring. The first report is due November 1, 1993;
					 subsequent reports are due July 1, 1994, January 1, 1995, and February 1
					 annually thereafter.
(e) The
					 permittee shall allow District staff or designated agents reasonable access to
					 the permitted property at any time for the purpose of evaluating the water
					 quality monitoring system on site, collecting water quality samples, or
					 monitoring Best Management Practice implementation. District staff shall
					 attempt to notify by telephone a person designated by the permittee prior to a
					 site visit. Since it is not possible to predict precisely when discharges will
					 occur or problems will arise resulting in the need for a site visit, the
					 District may not be able to provide a lengthy period of notice to the
					 designated person in advance of a visit. However, at a minimum, the District
					 will provide notice at least one hour prior to a site visit for the purpose of
					 water quality monitoring and at least 24 hours prior to a site visit for Best
					 Management Practice installation or operation inspections.
(f) The permittee shall notify the District
					 in writing within 30 days after any significant change in land practice, as
					 described in subsection
					  40E-63.102(7),
					 F.A.C., is made on the permitted parcel.
(g) This permit does not relieve the
					 permittee of the responsibility to comply with all other laws or regulations
					 applicable to the use of or discharges from the parcel.
(h) This permit does not convey to the
					 permittee any property right nor any rights or privileges other than those
					 specified in the permit.
(i) This
					 permit does not relieve the permittee from liability from harm or injury to:
					 human health or welfare; animal, plant or aquatic life; or property.
(j) The surface water management and
					 monitoring systems must be effectively operated and maintained, and any changes
					 in drainage, land use or operations that could affect validity or
					 interpretation of monitoring data must be reported in writing to the
					 District.
(k) The permitted
					 discharge shall not otherwise be harmful, or adversely affect property use and
					 operation of the works of the District.
(l) The permittee shall achieve the
					 phosphorus load limitations specified in Appendices A3 (EAA Basin Compliance)
					 and A4 (EAA Farm Scale Allocation), in accordance with the procedures described
					 in Rule  40E-63.145, F.A.C. (Compliance
					 and Enforcement of Individual Permits).