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-63.430 - General Permit Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				  General Permit is required for parcels of land that connect to or make use of
				  the Works of the District within the C-139 Basin that have not been issued a
				  waiver pursuant to Rule
				   40E-63.410, F.A.C., or do not
				  qualify for a No Notice General Permit pursuant to Rule
				   40E-63.415, F.A.C.
(2) Within 45 days after the effective date
				  of this part of Chapter 40E-63, F.A.C., applications for new General Permits or
				  General Permit Renewals shall be submitted to the District. Applicants shall
				  use Form 1045, dated November 2010, and the "Guidebook for Preparing an
				  Application for a C-139 Basin Pollutant Source Control Permit" ("Guidebook"),
				  dated November 2010, incorporated by reference herein, or the equivalent
				  electronic permitting application (e-permitting) tool, with all required
				  supporting documentation. Copies of Form 1045 and the Guidebook 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.
(3) Landowners, lessees and/or operators of a
				  parcel or parcels may submit applications for General Permits as an applicant
				  or co-applicant. A lessee or operator may submit an application provided the
				  lease (or equivalent contract) is for no less than five years, is in writing,
				  and reasonable assurance is provided that the lessee/operator has the legal and
				  financial capability of implementing and complying with the BMP Plan and other
				  permit conditions.
(4) General
				  Permit applications shall include the following:
(a) Date, signature, title and authority of
				  the person, persons or entity submitting the application;
(b) For each applicant, information that
				  demonstrates that the applicant possesses the legal and financial authority and
				  ability to carry out all acts necessary to implement the terms and conditions
				  of the permit, including, at a minimum:
1. For
				  individual applicants, recorded deeds, contracts, leases, property tax record
				  of ownership, or other evidence of ownership or authority are
				  required.
2. For co-applicants, a
				  description of the legally responsible entity or cooperating group of entities
				  together with copies of documents demonstrating its legal authority, such as
				  enabling legislation and articles of incorporation; completed and signed
				  Certificates of Participation indicating the individual applicant's consent and
				  intent to participate in the General Permit; and written contracts or
				  agreements with co-applicants indicating their consent and agreement to comply
				  with the permit and specifying the terms of participation, where
				  applicable.
(c) A clear
				  delineation of the boundaries and acreage contained in the permit application,
				  including a map which is correlated with a list of all parcel owners and
				  corresponding county tax identification numbers, and operators or lessees
				  associated with the acreage contained in the application. The delineation
				  should also include drainage features depicting the permit basin, general
				  direction of flow, inflow points, and discharge points off-site for delineation
				  of permit basins, as defined in subsection
				   40E-63.402(10),
				  F.A.C.
(d) A list of all existing
				  and pending District permits for the application area and their
				  status.
(e) A BMP Plan.
(f) For General Permit applications
				  encompassing water management systems or portions thereof that serve multiple
				  entities, an executed legally binding written agreement or contract between the
				  owners, operators, and or users of the system, as applicable, regarding
				  construction, use, maintenance and operational criteria, and BMP implementation
				  requirements for the system shall be provided. Specifically, the written
				  agreement or contract shall identify the entities and their authority and
				  responsibility for use and operation of the system (e.g. a shared canal or
				  off-site discharge structure).