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-63.444 - Limiting Conditions for General Permits in the C-139 Basin

Current through Reg. 50, No. 138; July 16, 2024
(1) All of the following standard limiting
				  conditions paragraphs (a) through (u) shall be attached to all General Permits:
(a) The permittee shall implement all
				  elements and requirements of the approved BMP Plan according to schedule,
				  including documentation of implementation, operation, and rationale where
				  applicable. At no time shall BMP implementation be less than the required 35
				  BMP equivalent points using the criteria in Rule
				   40E-63.435 or
				   40E-63.437, F.A.C., as
				  applicable.
(b) Each applicant to
				  which a General Permit is issued is a co-permittee and is jointly and severally
				  liable for implementing the requirements of the General Permit. This includes
				  non-compliance with permit conditions caused by lessees or operators that are
				  not co-permittees.
(c) The
				  permittee shall submit to the District an annual report certifying BMP
				  implementation in accordance with the permit. The report is due February 1 of
				  each year. Failure to submit the report by February 1 will result in onsite
				  verification of BMP implementation by District staff and the requirement for
				  the permittee to submit a detailed report documenting implementation of each
				  BMP in the approved BMP Plan for the previous calendar year. Failure to submit
				  the required annual report by April 30 of each year may result in revocation of
				  the General Permit. The notification will be sent by certified mail and
				  indicate that the permit will be revoked within 30 days after the date of the
				  certified mailing unless the annual report is received within those 30 days. If
				  the permit is revoked, the permittee shall be required to apply for a new
				  General Permit and shall be subject to enforcement under subsection
				   40E-63.461(1),
				  F.A.C. The new permit will include special conditions requiring that
				  documentation certifying BMP implementation is submitted quarterly, at a
				  minimum.
(d) The permittee shall
				  allow District staff and designated agents, reasonable access to the permitted
				  property at any time to verify compliance with the rule and the permit. 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 24
				  hours prior to a site visit for verifying best management practice installation
				  or operation.
(e) The permittee
				  shall notify the District in writing within 30 days after any changes in permit
				  basin acreage.
(f) The permittee
				  shall notify the District in writing within 30 days of any transfer, sale or
				  conveyance of land or works described in the permit.
(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 or 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 system must be effectively operated and maintained in accordance
				  with the Environmental Resource/Surface Water Management Permit. Any change in
				  drainage or operations not identified previously that could affect the surface
				  water management system, must be reported in writing in advance to the District
				  to determine if an Environmental Resource/Surface Water Management Permit is
				  required.
(k) If not previously
				  authorized by a District permit under this part of Chapter 40E-63, F.A.C., the
				  permittee shall submit a permit modification application 30 days in advance of
				  conducting any:
1. Changes in BMPs;
				  or
2. Changes in land practice
				  affecting the approved BMP Plan; or
3. Changes in water management that may
				  affect the Sub-basin Monitoring Program (e.g., resulting from completing
				  Environmental Resource/Surface Water Management Permit authorized water
				  management system changes).
(l) The permitted discharge shall not
				  otherwise be harmful, or adversely affect proper use and operation of the Works
				  of the District.
(m) The C-139
				  Basin is required to achieve compliance with the phosphorus load limitation
				  requirement and performance measures as specified in Appendix B2 (incorporated
				  by reference in subsection 40E- 63.446(1), F.A.C.).
(n) Legal entities or groups of cooperating
				  owners or operators (co-permittees) responsible for implementing a General
				  Permit shall remain legally and financially capable of performing their
				  responsibilities required by the permits issued pursuant to this
				  section.
(o) Within 30 days of
				  issuance of the permit, as of the effective date of the amendments to this part
				  of Chapter 40E-63, F.A.C., for lessees that are not co-applicants, the
				  permittee shall provide written certification that the lessees have received a
				  copy of the permit and agree to implement the BMP Plan and be bound by the
				  terms and conditions of the permit, including any amendments thereto.
(p) For leases executed after the effective
				  date of the amendments to this part of Chapter 40E-63, F.A.C. (in which the
				  lessee is not a co-applicant), within 30 days of its date of execution, the
				  permittee shall provide written certification by the lessee or a copy of the
				  lease indicating the lessee's agreement to implement the BMP Plan and be bound
				  by the terms and conditions of the permit, including any amendments
				  thereto.
(q) If the District
				  determines that any permittee in a General Permit is not complying with the
				  specific terms and conditions of the General Permit, or the water quality
				  performance measures (including proportional share, in accordance with Chapter
				  40E-63, F.A.C.), the District will institute enforcement or corrective
				  proceedings against the permittee, any co-permittees, or both, as applicable
				  pursuant to Rules  40E-63.446 and
				   40E-63.461, F.A.C.
(r) Authorizations from other agencies for
				  disposal or application of wastewater residuals (biosolids), animal manure,
				  solid waste, fill material, or other materials containing phosphorus within the
				  C-139 Basin, shall not relieve permittees from complying with the provisions of
				  this rule. Permittees will be required by the District to demonstrate no
				  potential impacts on phosphorus loading.
(s) The permitted discharge shall not cause
				  adverse water quality impacts to receiving water and adjacent lands regulated
				  by Chapter 373, F.S.
(t) The
				  permitted discharge shall not cause adverse environmental impacts.
(u) The permitted discharge shall be
				  consistent with State Water Policy, Chapter 62-40, F.A.C.