Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-44 - ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF AGRICULTURAL SURFACE WATER MANAGEMENT SYSTEMS › Section 40C-44.061 - Individual Environmental Resource Permits for Agricultural Systems

Current through Reg. 50, No. 138; July 16, 2024
(1) Agricultural surface water management
				systems which are required to obtain a permit pursuant to Rule
				 40C-44.041, F.A.C., shall obtain
				an individual environmental resource permit in accordance with this
				rule.
(2) The following types of
				agricultural surface water management systems will qualify for an individual
				environmental resource permit for an agricultural system, provided they comply
				with the criteria specified in Rule
				 40C-44.301, F.A.C.:
(a) Agricultural surface water management
				systems which are required to obtain a permit pursuant to subsection
				 40C-44.041(1),
				F.A.C., provided that they have obtained a Conservation Plan, pursuant to
				subsection  40C-44.021(4),
				F.A.C., implement the Conservation Plan within 180 days of permit issuance, and
				maintain the Conservation Plan.
(b)
				Agricultural surface water management systems which are required to obtain a
				permit pursuant to subsection
				 40C-44.041(1),
				F.A.C., and which have been authorized pursuant to subsection
				 40C-44.031(2) or
				(3), F.A.C., provided they:
1. Continue to maintain and operate the
				surface water management system, and associated treatment system, as previously
				permitted or authorized by consent order, and
2. Demonstrate compliance with the
				performance standards described in Rule
				 40C-44.065, F.A.C., based upon
				data collected in compliance with monitoring conditions. If the District staff
				determines that the compliance monitoring data does not demonstrate compliance
				with the performance standards, staff will notify the applicant, in writing, of
				the specific pollutant or pollutants for which treatment will be
				required.
(c) Minor
				alterations, as defined in subsection
				 40C-44.071(3),
				F.A.C., provided the applicant provides reasonable assurance, through plans,
				test results or other information, that the alteration complies with subsection
				 40C-44.071(2),
				F.A.C.
(d) Surface water management
				systems which drain an agricultural operation of less than 120 acres, which do
				not contain a concentrated animal feeding operation, which implement a
				Conservation Plan, pursuant to subsection
				 40C-44.021(4),
				F.A.C., within 180 days of permit issuance and which maintain the Conservation
				Plan, provided the permittee satisfies the following conditions:
1. The permittee must maintain hour meters,
				in operating order, on each drainage pump. If the hour meters are not installed
				at the time of permit issuance, they must be installed within 60 days of the
				issuance of the permit. Reports of pump operating hours for each pump must be
				submitted to the District quarterly, using form
				 40C-44.061(2)(d) 
				1. (Form EN-14M) which is hereby incorporated by reference as of (10-1-13),
				available at [
http://www.flrules.org/Gateway/reference.asp?No=Ref-02659
]
				and upon request from the St. Johns River Water Management District, 4049 Reid
				Street, Palatka, Florida 32177-2529.
2. The permittee must maintain a surveyed
				staff gauge, referenced to NGVD or NAVD, in each detention pond. If the staff
				gauges are not installed at the time of permit issuance, they must be installed
				within 60 days of the issuance of the permit. Water levels must be recorded a
				minimum of 3 nonconsecutive days per week, or as an alternative, once a week
				and daily during pump operation. Reports of water levels for each pond must be
				submitted quarterly to the District using form
				 40C-44.061(2)(d) 
				2. (Form EN-52) which is hereby incorporated by reference as of (10-1-13),
				available at [
http://www.flrules.org/Gateway/reference.asp?No=Ref-02661
]
				and upon request from the St. Johns River Water Management District, 4049 Reid
				Street, Palatka, Florida 32177-2529.
3. The permittee must monitor the water
				quality on a quarterly basis at each discharge point from pumps or pond
				outfalls to waters of the state. If no discharge has occurred during a
				particular quarter, no sampling is required. Water samples must be analyzed for
				the parameters listed in Table 1 which is hereby incorporated by reference as
				of (10-1-13), available at [
http://www.flrules.org/Gateway/reference.asp?No=Ref-02998
]
				and upon request from the St. Johns River Water Management District, 4049 Reid
				Street, Palatka, Florida 32177-2529. Samples must be analyzed by a laboratory
				certified by the Florida Department of Health.
4. If, after five years of water quality
				monitoring, the permittee demonstrates that the data collected represents
				steady state conditions and is adequate to project future compliance with state
				water quality standards, the District shall amend the monitoring conditions by
				reducing the frequency of monitoring or the number of parameters monitored, or
				eliminating such requirements.
5.
				If, after five years of water quality monitoring, the District notifies the
				permittee in writing that discharges from the surface water management system
				have not complied with the performance standards described in subsections
				 40C-44.065(1) and
				(2), F.A.C., then the permittee must apply
				for an individual permit in accordance with subsection
				 40C-44.061(3),
				F.A.C.
(e) Surface water
				management systems which drain an agricultural operation which do not contain a
				concentrated animal feeding operation, provided they have obtained a
				Conservation Plan, pursuant to subsection
				 40C-44.021(4),
				F.A.C., implement the Conservation Plan within 180 days of permit issuance, and
				maintain the Conservation Plan, and which have not been issued a permit or
				consent order which authorized operation as described in subsection
				 40C-44.031(2) or
				(3), F.A.C., provided the permittee satisfies
				the monitoring conditions described below:
1.
				The permittee must maintain hour meters, in operating order, on each drainage
				pump. If the hour meters are not installed at the time of permit issuance, they
				must be installed within 60 days of the issuance of the permit. Reports of pump
				operating hours for each pump must be submitted to the District quarterly,
				using Form EN-14M, as incorporated by reference in subparagraph
				 40C-44.061(2)(d) 
				1., F.A.C.
2. The permittee must
				maintain a surveyed staff gauge, referenced to NGVD or NAVD, in each detention
				pond. If the staff gauges are not installed at the time of permit issuance,
				they must be installed within 60 days of the issuance of the permit. Water
				levels must be recorded a minimum of 3 nonconsecutive days per week, or as an
				alternative, once a week and daily during pump operation. Reports of water
				levels for each pond must be submitted quarterly to the District using Form
				EN-52 as incorporated by reference in subparagraph
				 40C-44.061(2)(d) 
				2., F.A.C.
3. The permittee must
				monitor the water quality on a quarterly basis at each discharge point from
				pumps or pond outfalls to waters of the state following implementation of the
				Conservation Plan or within 180 days of permit issuance, whichever occurs
				sooner. If no discharge has occurred during a particular quarter, no sampling
				is required. Water samples must be analyzed for the parameters listed in Table
				1 as incorporated by reference in subparagraph
				 40C-44.061(2)(d) 
				3., F.A.C. Samples must be analyzed by a laboratory certified by the Florida
				Department of Health.
4. If, after
				five years of water quality monitoring, the permittee demonstrates that the
				data collected represents steady state conditions and is adequate to project
				future compliance with state water quality standards, the District shall amend
				the monitoring conditions by reducing the frequency of monitoring or the number
				of parameters monitored, or eliminating such requirements.
5. If, after one year of water quality
				monitoring, the District notifies the permittee in writing that discharges from
				the surface water management system have not complied with the performance
				standards described in subsections
				 40C-44.065(1) and
				(2), F.A.C., then the permittee must apply
				for an individual permit in accordance with subsection
				 40C-44.061(3),
				F.A.C.