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-63.446 - C-139 Basin Compliance

Current through Reg. 50, No. 138; July 16, 2024
(1) If the C-139
				  Basin is determined to not meet the performance measures developed in
				  accordance with Appendix B2 "C-139 Basin Performance Measure Methodology",
				  dated November 2010, Appendix B2.1 "FORTRAN Program for Calculating C-139 Basin
				  Flows and Phosphorus Loads" dated January 2002, and Appendix B2.2, "Flow
				  Computation Methods Used to Calculate C-139 Basin Flows" dated November 2010,
				  incorporated by reference herein, the basin as a whole will be deemed out of
				  compliance with the water quality requirements of this part of Chapter 40E-63,
				  F.A.C. Copies of Appendices B2, B2.1 and B2.2 are available on the District's
				  website (
www.sfwmd.gov/rules
) or from
				  the South Florida Water Management District Clerk, 3301 Gun Club Road, West
				  Palm Beach, FL 33406, 1(800) 432-2045 or (561) 686-8800, upon
				  request.
(2) If the C-139 Basin is
				  out of compliance, water quality improvement activities will be required for
				  permit basins except in the following situations:
(a) The permit basin is located in a
				  sub-basin that is determined to not exceed its proportional share of the
				  basin-wide loading based on District-collected data for the sub-basin or, if
				  applicable, its Permit Basin Discharge Monitoring Program results are
				  determined not to exceed the proportional share in accordance with Appendix
				  B3.1 "Permittee Annual Phosphorus Load Determination Based on Sub-basin
				  Monitoring and the Permit Basin Discharge Monitoring Program", dated November
				  2010, and Appendix B3.2 "Criteria for Required Phosphorus Reductions", dated
				  November 2010, both of which are incorporated by reference herein. Copies of
				  Appendices B3.1 and B3.2 are available on the District's website (
www.sfwmd.gov/rules
) or from the South
				  Florida Water Management District Clerk, 3301 Gun Club Road, West Palm Beach,
				  FL 33406, 1(800) 432-2045 or (561) 686-8800, upon request.
(b) District approved early BMPs, as
				  described in paragraph
				   40E-63.438(1)(a),
				  F.A.C., were fully implemented in the permit basin during a water year that was
				  used to deem the C-139 Basin out of compliance (this provision applies only to
				  the parcels where the early BMPs apply).
(c) A District approved demonstration project
				  including a verification plan, as described in paragraph
				   40E-63.438(1)(b),
				  F.A.C., was conducted within the permit basin during a water year that was used
				  to deem the basin out of compliance (this provision applies only to the land
				  uses or crops to which the project applies).
(d) The permit basin, or portion thereof, has
				  been issued and meets the conditions of a determination of impracticability as
				  described in subsection
				   40E-63.461(6),
				  F.A.C. (this provision applies only to the lands where the determination
				  applies), or
(e) The performance
				  measure determination includes the permit basin UAL from either of the two
				  water years immediately following a water year for which the permit basin was
				  required to implement water quality improvement activities.