reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-42 - ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF STORMWATER MANAGEMENT SYSTEMS › Section 40C-42.081 - General Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 403.812,
					 403.814
					 FS.
New 4-1-86, Amended 9-25-91, Repealed by Section 5, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-42 - ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF STORMWATER MANAGEMENT SYSTEMS › Section 40C-42.091 - Publications Incorporated by Reference (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  369.318,
					 373.044,
					 373.113,
					 373.118,
					 373.406,
					 373.4131,
					 373.414,
					 373.418 FS. Law Implemented
					 369.318,
					  373.117,
					  373.413,
					  373.4131,
					  373.414,
					  373.415,
					  373.416,
					  373.418,
					  373.419,
					  373.423,
					  373.426,
					  373.461 FS.
New 4-11-94, Amended 7-20-95, 10-3-95, 1-11-99, 10-11-01,
					 4-10-02, 2-1-05, 12-3-06, 12-27-10, 10-1-13, Repealed
					 6-1-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-42 - ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF STORMWATER MANAGEMENT SYSTEMS › Section 40C-42.900 - Forms and Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.406,
					 373.414,
					 373.418 FS. Law Implemented
					  369.318,
					  373.085,
					  373.116,
					  373.117,
					  373.118,
					  373.406,
					  373.413,
					  373.414,
					  373.415,
					  373.416,
					  373.418,
					  373.426,
					  373.461,
					  403.0877 FS.
New 5-30-90, Amended 9-25-91, 3-21-93, 2-27-94, 10-3-95,
					 10-11-01, 2-1-05, 12-3-06, Repealed
					 10-1-13.
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-44.011 - Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) An individual environmental resource
				permit under this chapter will be required for the maintenance and operation of
				certain existing agricultural surface water management systems as defined
				herein, and the construction of certain new agricultural surface water
				management systems.
(2)
				Agricultural operations which are required to obtain an environmental resource
				permit pursuant to Chapter 62-330, F.A.C., shall satisfy the requirements of
				the District in terms of the quality of water discharged from the system, by
				implementing the performance standards and water quality practices described in
				this chapter.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					  373.413 1,
					 373.418 FS. Law Implemented
					 373.413,
					  373.4131,
					  373.416 FS.
New 8-11-91, Amended 10-20-92, 10-3-95,
					 10-1-13.
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-44.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Agriculture, " for the purposes of this
				chapter, means the commercial production of crops, animals or animal products,
				or farm commodities including but not limited to vegetables, citrus and other
				fruits, grain, forage, sod, livestock, poultry, and foliage plants. Agriculture
				also includes horticulture and floriculture.
(2) "Agricultural Operation" means a
				contiguous farm, grove, ranch, nursery or similar entity owned or controlled by
				one or more persons, engaged in, or proposing to engage in, the practice of
				agriculture.
(3) "Associated
				Wastewater" means the flow of water which directly results from agricultural
				activities such as irrigation, soil flooding for pest control or soil
				preservation, freeze protection or pre-storm event drainage and is mixed or
				conveyed with stormwater in the surface water management system.
(4) "Conservation Plan" means a document,
				which describes a system of management practices to control and reduce soil
				erosion and sediment loss, and improve the quality of discharged water for a
				specific parcel of property, and which has been either:
(a) Prepared by the U.S. Department of
				Agriculture Soil Conservation Service (SCS) in conjunction with a local Soil
				and Water Conservation District Board, organized pursuant to chapter 582, F.S.,
				which includes and applies the appropriate management practices consistent with
				the SCS Field Office Technical Guide - Section IV and the Best Management
				Practices Selector, incorporated by reference in Rule
				 40C-44.091, F.A.C., and which
				includes the following elements when appropriate for the proposed land use:
1. Reduction of the volume of water
				discharged off-site;
2. Water Table
				Control in Open Channels;
3.
				Irrigation Land Leveling;
4.
				Irrigation Water Management;
5.
				Nutrient Management Plan;
6.
				Pesticide Management Plan;
7.
				Harvesting the runoff from the agricultural site, using reservoir or canal
				storage already existing, proposed as part of the plan or otherwise required by
				permit, for uses such as freeze protection, soil flooding for pest control or
				soil preservation, or irrigation needs; and
8. Control of soil
				erosion.
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-44.031 - Implementation

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter shall become effective on
				8-11-91.
(2) Permits and consent
				orders which authorize operation of agricultural operations, issued by the
				Department of Environmental Regulation, or pending on June 1, 1991, pursuant to
				the provisions of former Chapter 17-6, F.A.C., renumbered as Chapters 62-660
				and 62-670, F.A.C., shall remain valid after 8-11-91, subject to all limiting
				conditions contained therein, until final District action on a timely filed
				permit application made pursuant to this chapter. Ninety days prior to the
				expiration date of the permit or consent order, an application for the
				modification of a permit issued pursuant to Chapter 40C-4, F.A.C., and prior to
				June 1, 1988, or for a general or individual permit, as appropriate, pursuant
				to this chapter, must be submitted to the District.
(3) Permits and consent orders which
				authorize operation of agricultural operations, issued by the District or
				executed by all parties to the consent order by 8-11-91, pursuant to the
				provisions of former Chapter 17-6, F.A.C., renumbered as Chapters 62-660 and
				62-670, F.A.C., and pursuant to subparagraph 62-101.040(12)(a)3., F.A.C., and
				the Operating Agreement Concerning Stormwater Discharge Regulation and Dredge
				and Fill Regulation between the St. Johns River Water Management District and
				Department of Environmental Regulation dated January 4, 1988, shall remain
				valid after 8-11-91, subject to all limiting conditions therein, until final
				District action on a timely filed permit application made pursuant to this
				chapter. Ninety days prior to the expiration date of the permit or consent
				order, an application for the modification of a permit issued pursuant to
				Chapter 40C-4, F.A.C., and prior to June 1, 1988, for a general or individual
				permit, as appropriate, pursuant to this chapter must be submitted to the
				District.
(4) Any permit
				application received prior to 8-11-91, will be processed and evaluated pursuant
				to the provisions of the chapters and Operating Agreement referenced in
				subsection (2) above.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.429 FS. Law Implemented
					  373.416 FS.
New 8-11-91, Amended 10-20-92,
					 11-11-03.
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-44.041 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				expressly exempt by Section
				 373.406, F.S. or Rule
				 62-330.051 or
				 40C-44.051, F.A.C., a permit is
				required under this chapter for the maintenance and operation of existing
				agricultural surface water management systems which serve an agricultural
				operation as described in paragraph (a) or (b) below.
(a) An individual environmental resource
				permit is required for the maintenance and operation of existing agricultural
				surface water management systems which incorporate pumped discharges from
				stationary or portable facilities as part of the surface water management
				system and which have pumps with a capacity, either individually or
				cumulatively, of 10, 000 gallons per minute (GPM) or greater. The pump operator
				or person in control of the pump is required to obtain the maintenance and
				operation permit.
(b) Case by case
				designation. Notwithstanding any other provision of this section, the District
				shall require that an agricultural operation, including pumped or
				gravity-drained systems, obtain an individual environmental resource permit for
				an agricultural system pursuant to this chapter or modification of a permit
				issued pursuant to Chapter 62-330, F.A.C., if it causes or contributes to a
				violation of state water quality standards within waters of the state. In
				determining whether an individual permit is required under these circumstances,
				the District will consider the following information:
1. Water quality monitoring data collected by
				the District or other agency;
2.
				The size of the agricultural operation and the amount of stormwater and
				associated wastewater reaching waters of the state, relative to the size and
				nature of the immediate drainage basin;
3. The means of conveyance of stormwater and
				associated wastewater to waters of the state;
4. Characteristics of the site including the
				slope, vegetation, rainfall, and other factors relating to the likelihood or
				frequency of discharge of stormwater and associated wastewater to waters of the
				state;
5. The status, results and
				recommendations of available basin-specific studies, including those conducted
				as part of a Surface Water Improvement and Management Plan or pursuant to
				Chapter 62-40, F.A.C.;
6. The
				existence of mixing zones, variances or site-specific alternative criteria
				granted by the Department of Environmental Protection pursuant to Chapters 62-4
				and 62-302, F.A.C.; and
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-44.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
The following types of agricultural surface water management
				  systems are exempt from the permit requirements of this chapter:
(1) Concentrated Animal Feeding Operations
				with a valid permit issued by the Department of Environmental Protection
				pursuant to Chapter 62-670, F.A.C., provided that:
(a) For dairy farms, the permitted design
				incorporates a high intensity use area, from which the stormwater runoff is
				centrally collected for storage and disposal by land application, or is treated
				prior to discharge.
(b) For egg
				production facilities, the permitted design prevents the discharge of process
				wastewater and stormwater runoff to surface waters, except in the event of a
				storm greater than a 25-year, 24-hour event.
(c) For any concentrated animal feeding
				operation which does not incorporate a high intensity use area, the permitted
				design includes provisions to treat stormwater and associated wastewater from
				adjacent animal loafing and feeding areas; manure pits; animal watering
				systems; washing, cleaning or flushing pens; or other pollutant sources, so
				that discharges through the surface water management system from the operation
				will not cause or contribute to a violation of water quality standards in
				waters of the state.
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-44.055 - Standard General Environmental Resource Agricultural System Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.171,
					  373.406,
					 373.416,
					 373.418 FS. Law Implemented
					 373.406,
					  373.416 FS.
New 8-11-91, Amended 10-20-92, 10-3-95, Repealed
					 10-1-13.
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-44.065 - Performance Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Discharges from
				the agricultural surface water management system shall not cause or contribute
				to a violation of water quality standards in waters of the state, as set forth
				in chapters 62-3, 62-302, 62-520, 62-522, 62-550 and 62-4, F.A.C., including
				any antidegradation provisions of paragraphs
				 62-4.242(1)(a) and
				(b), subsections
				 62-4.242(2) and
				(3), and rule
				 62-302.300, F.A.C., and any
				special standards for Outstanding Florida Waters and Outstanding National
				Resource Waters set forth in subsections
				 62-4.242(2) and
				(3), F.A.C.
(2) Agricultural surface water management
				systems requiring a permit, which will be located in the Lake Apopka Hydrologic
				Basin or will discharge water to Lake Apopka or its tributaries, must comply
				with the requirements of subsection
				 40C-41.063(8),
				F.A.C.
(3) Agricultural surface
				water management systems requiring a permit that will be located in the Wekiva
				Recharge Protection Basin must comply with the requirements of paragraph
				 40C-41.063(3)(a),
				F.A.C., and Sections 13.3 through 13.3.5, "Environmental Resource Permit
				Applicant's Handbook, Volume II: For Use Within The Geographic Limits of the
				St. Johns River Water Management District", as incorporated by reference in
				subsection  40C-41.043(5),
				F.A.C.
Rulemaking Authority
					  369.318,
					 373.044,
					 373.113,
					 373.171,
					 373.415,
					 373.416,
					 373.418,
					 373.461 FS. Law Implemented
					 369.318,
					  373.016,
					  373.413,
					  373.4131,
					  373.416,
					  373.418,
					  373.426,
					  373.461 FS.
New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95, 3-7-03,
					 12-3-06, 10-1-13, 6-1-18.
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-44.066 - Water Quality Practices

Current through Reg. 50, No. 138; July 16, 2024
The practices listed below are set forth in this rule for the
				  purpose of evaluating compliance with this chapter. It is presumed the water
				  quality practices implemented in accordance with this section will provide
				  reasonable assurance that the system will comply with the performance standards
				  described in rule  40C-44.065, F.A.C. The water
				  quality practices or other alternatives shall be implemented to the extent
				  necessary to comply with the performance standards described in rule
				   40C-44.065, F.A.C. In some
				  cases, the implementation of these practices may not result in compliance with
				  the performance standards for issuance of an individual environmental resource
				  permit for an agricultural system. In those cases, the applicant shall provide
				  for implementation of such additional water quality practices and/or treatment
				  methodologies as necessary to provide reasonable assurance that the discharge
				  will comply with the performance standards described in rule
				   40C-44.065, F.A.C.
(1) Reduce the volume of stormwater and
				associated wastewater discharged to waters of the state by:
(a) Implementing management practices
				designed to reduce the volume of water discharged off-site, including Water
				Table Control in Open Channels, Irrigation Land Leveling and Irrigation Water
				Management, and
(b) Maximizing
				onsite recycling to satisfy irrigation, freeze protection and pest control
				needs. The applicant may demonstrate maximum stormwater harvesting by using all
				the practically available water from reservoir storage prior to using
				groundwater.
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-44.069 - Maintenance and Operation Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) The permittee is required to provide for
				periodic inspections of the surface water management system to insure that the
				system is functioning as designed and permitted.
(2) The following operational maintenance
				activities shall be performed on all permitted systems on a regular basis or as
				needed:
(a) Removal of trash and debris from
				the surface water management system;
(b) Inspection of culverts, culvert risers,
				pipes and screwgates for damage, blockage, excessive leakage or
				deterioration;
(c) Inspection of
				pipes for evidence of lateral seepage;
(d) Inspection of flapgates for excessive
				backflow or deterioration;
(e)
				Removal of sediments when the storage volume or conveyance capacity of the
				surface water management system is below design levels;
(f) Stabilization and restoration of eroded
				areas;
(g) Inspection of pump
				stations for structural integrity and leakage of fuel or oil to the ground or
				surface water; and
(h) Inspection
				of monitoring equipment, including pump hour meters and staff gauges, for
				damage and operational status.
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-44.081 - Permit Processing Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.416,
					 373.418 FS. Law Implemented
					  373.416 FS.
New 8-11-91, Amended 10-20-92, Repealed by Section 5,
					 Chapter 2012-31, Laws of Florida,
					 5-27-12.
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-44.091 - Publications Incorporated by Reference

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Governing Board hereby adopts by reference Part VII (sections 14.0-19.2.6),
				available at [
http://www.flrules.org/Gateway/reference.asp?No=Ref-06357
]
				and upon request from the St. Johns River Water Management District, 4049 Reid
				Street, Palatka, Florida 32177-2529 of the document entitled "Environmental
				Resource Permit Applicant's Handbook, Volume II: For Use Within The Geographic
				Limits of the St. Johns River Water Management District, " effective (June 1,
				2018).
(a) The purpose of the document is to
				provide information regarding the environmental resource permit program for
				agricultural systems.
(b) The
				document may be obtained by contacting:
Director, Bureau of Regulatory Support
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177-2529.
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-44.101 - Content of the Application

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				applications for environmental resource permits for agricultural systems shall
				be processed in accordance with the procedures of Chapters 120 and 373, F.S.,
				and subsection 15.4.1 of the "Environmental Resource Permit Applicant's
				Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns
				River Water Management District" as incorporated by reference in subsection
				 40C-44.091(1),
				F.A.C.
(2) Applicants for an
				individual environmental resource permit for an agricultural system under this
				chapter shall complete District form
				 40C-44.101(2),
				(Supplemental Information for Agricultural Systems) incorporated herein by
				reference, as of (10-1-13), available at [
http://www.flrules.org/Gateway/reference.asp?No=Ref-02658
],
				and upon request from the St. Johns River Water Management District, 4049 Reid
				Street, Palatka, Florida 32177-2529, and Section A of form
				 62-330.060(1),
				Joint Application for Individual and Conceptual Environmental Resource
				Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill
				Permit" (6-1-18), available upon request from the St. Johns River Water
				Management District, 4049 Reid Street, Palatka, Florida 32177-2529, and
				implemented pursuant to paragraph
				 373.4131(2)(a),
				F.S. (2012).
Rulemaking Authority
					  369.318,
					 373.044,
					 373.113,
					 373.171,
					 373.416,
					 373.418 FS. Law Implemented
					 369.318,
					  373.4131,
					  373.416,
					  373.461 FS.
New 8-11-91, Amended 10-20-92, 10-3-95, 12-3-06, 10-1-13,
					 6-1-18.
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-44.301 - Conditions for Issuance of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) To obtain an individual environmental
				resource permit for operation, maintenance, removal or abandonment of an
				agricultural system each applicant must give reasonable assurance that such
				activity will not:
1. Endanger life, health,
				or property;
2. Be inconsistent
				with the maintenance of minimum flows and levels established pursuant to
				chapter 40C-8, F.A.C.
3. Cause
				significant adverse effects to the availability of water for reasonable
				beneficial purposes;
4. Be
				incapable of being effectively operated;
5. Cause significant adverse effects to the
				operation of a Work of the District established pursuant to section
				 373.086, F.S.;
6. Cause significant adverse effects to
				existing agricultural, commercial, industrial, or residential
				developments;
7. Cause significant
				adverse impacts to the quality of receiving waters;
8. Cause significant adverse effects to
				natural resources, fish and wildlife;
9. Increase the potential for damages to
				off-site property or the public caused by:
a.
				Floodplain development, encroachment or other alteration;
b. Retardance, acceleration, displacement or
				diversion of surface water;
c.
				Reduction of natural water storage areas;
d. Facility failure;
10. Increase the potential for flood damages
				to residences, public buildings, or proposed and existing streets and roadways;
				and
11. Otherwise be inconsistent
				with the overall objectives of the District as set forth in Section 18.0 of the
				"Environmental Resource Permit Applicant's Handbook, Volume II: For Use Within
				The Geographic Limits of the St. Johns River Water Management District" as
				incorporated by reference in subsection
				 40C-44.091(1),
				F.A.C.
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-44.321 - Duration of Permit

Current through Reg. 50, No. 138; July 16, 2024
Unless revoked or modified, the duration of a permit is
				  permanent.
Rulemaking Authority
					 373.113,
					 373.406,
					 373.416,
					 373.418 FS. Law Implemented
					  373.416 FS.
New 8-11-91, Amended
					 10-20-92.
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-44.341 - Revocation or Modification of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.406,
					 373.416,
					 373.418 FS. Law Implemented
					  373.429 FS.
New 8-11-91, Amended 10-20-92, 7-4-93, 12-27-10, Repealed
					 11-3-15.
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-44.900 - Forms and Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1),
					 369.318,
					 373.044,
					 373.113,
					 373.406,
					 373.416,
					 373.418 FS. Law Implemented
					  120.52(16),
					  120.53(1),
					  369.318,
					  373.103,
					  373.413,
					  373.416,
					  373.461 FS.
New 8-11-91, Amended 10-20-92, 10-3-95, 12-3-06, Repealed
					 6-1-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.021 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.201 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.083,
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Amended 1-4-96, 12-27-10, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.211 - Processing Procedures for Noticed General Permits (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Amended 1-4-96, Transferred to
					  40C-1.1013..
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.215 - General Conditions for All Noticed General Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.129,
					 373.136,
					 373.413,
					 373.416,
					 373.422,
					 373.426,
					 373.430
					 FS.
New 10-3-95, Amended 1-4-96, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.417 - General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.427 - General Permit for Certain Piers and Associated Structures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.431 - General Permit for Installation of Riprap (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.437 - General Permit for the Installation of Fences (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.439 - General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings and Bridges of Artificial Waterways (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.443 - General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Amended 5-13-08, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.447 - General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					  373.118,
					 373.414,
					 373.418 FS. Law Implemented
					 373.118,
					  373.413,
					  373.414,
					  373.416,
					  373.418,
					  373.426 FS.
New 10-3-95, Amended 1-11-99, 10-11-01, 5-13-08, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.453 - General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.455 - General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.457 - General Permit for Subaqueous Utility Crossing of Artificial Waterways (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.463 - General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.467 - General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.475 - General Permit for Minor Activities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					  373.118,
					 373.414 FS. Law Implemented
					 373.118,
					  373.413,
					  373.414,
					  373.416,
					  373.426 FS.
New 10-3-95, Amended 2-1-05, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.483 - General Permit to the Department to Conduct Minor Activities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.485 - General Permit to the Department for Environmental Restoration or Enhancement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.487 - General Permit to the Department to Change Operating Schedules for Department Water Control Structures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.416
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.495 - General Permit to U.S. Forest Service for Minor Works within National Forests (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.500 - General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Amended 1-11-99, 2-1-05, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-400 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 40C-400.900 - Forms and Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.413,
					 373.416,
					 373.426
					 FS.
New 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40CER-17 - Emergency Rule for Year 2017 › Section 40CER17-01 - Minimum Flows for Silver Springs

Current through Reg. 50, No. 138; July 16, 2024
The following minimum surface water flows and levels are
				  established for Silver Springs in Marion County, as measured at the USGS
				  02239501 gaging station:
Minimum
Flows
Flow
(cfs)
Level
(NAVD)
Duration
(days)
Return Interval
(years)
Frequent high
828
40.0
30
5
Average
638
38.2
180
1.7
Frequent low
572
37.0
120
3
The minimum surface water flows were developed to ensure that
				  the associated surface water levels will be met. The two factors to be weighed
				  in the status assessment of this MFL are (1) whether the surface water levels
				  have been met and (2) the extent to which the surface water flow has been
				  reduced due to groundwater withdrawals.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented
					 373.042, 373.0421, 373.802(4) FS.
This emergency rule is being adopted pursuant to
					  373.042(2)(c), F.S. (2016), and will remain in effect until the related Silver
					 Springs Minimum Flows and Levels proposed in rule
					  40C-8.031,
					 F.A.C., becomes effective.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40CER-17 - Emergency Rule for Year 2017 › Section 40CER17-02 - Supplemental Regulatory Measures for Silver Springs

Current through Reg. 50, No. 138; July 16, 2024
(1) Effect of Supplemental Rules. These
				"Supplemental Regulatory Measures for Silver Springs" shall be adopted by the
				District, as a component of the overall prevention strategy for Silver Springs.
				In adopting these rules, the District acknowledges the increasing stress on
				Silver Springs and the mandate of the legislature to foster the development of
				additional water supplies and avoid the adverse effects of competition.
				However, these rules do not abrogate the rights of the Governing Board or of
				any other person under Section
				 373.233,
				F.S. This regulatory framework provides a comprehensive strategy for
				allocations of available Upper Floridan groundwater and expeditious development
				of alternative water supplies and offset projects to minimize competition and
				thereby provide greater certainty of outcome than competition.
(2) Definitions.
(a) Demonstrated 2024 Demand - the quantity
				of water from the Upper Floridan aquifer needed to meet demands in 2024.
				Demonstrated 2024 Demand will be calculated utilizing the methodologies
				described in Section 2.2 of the Applicant's Handbook that is incorporated by
				reference in
				 40C-2.101(1)(a),
				F.A.C., and water use data.
(b)
				Existing permitted uses - permitted uses as of April 12, 2017.
(c) Silver Springs MFLs - the minimum flows
				and levels for Silver Springs in 40CER17-01 or as adopted in rule
				 40C-8.031,
				F.A.C., whichever is in effect.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Section 40D-1.002 - Delegation of Authority

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board
				of Trustees of the Internal Improvement Trust Fund, pursuant to Rule
				 18-21.0051, F.A.C., has
				delegated to the Governing Board the authority to review and take final agency
				action on certain applications to use state-owned lands. Rule
				 18-21.0051, F.A.C., also
				provides that the Governing Board may delegate review and decision making
				authority to District staff. Therefore, the Governing Board further delegates
				this authority to the Executive Director, the Assistant Executive Director, the
				Division Director for Regulation, and the Environmental Resource Permit Bureau
				Chief, or the Regulation Managers, when an application to use state-owned lands
				involves an activity which is reviewed pursuant to individual and the general
				permit procedures of Chapter 62-330, F.A.C., and Chapters 40D-4 and 40D-40,
				F.A.C., for environmental resource permits grandfathered pursuant to Section
				 373.4131(4),
				 373.414(11), (12)(a), (13), (14), (15), or
				(16), F.S.
(2) The Governing Board delegates to the
				Executive Director, the Assistant Executive Director, the Division Director for
				Regulation, the Water Use Permit Bureau Chief, and the Demand Management
				Program Manager the authority to take final agency action on petitions for
				variances and waivers pursuant to Rule
				 40D-22.303, F.A.C.
(3) The Governing Board hereby incorporates
				by reference the following documents:
(a)
				Well Construction Permitting Agreement Between the Southwest Florida Water
				Management District and Manatee County, effective June 1, 2021, available at
				(
https://www.flrules.org/Gateway/reference.asp?No=Ref-13890
).
(b) Well Construction Permitting Agreement
				Between the Southwest Florida Water Management District and Sarasota County,
				effective June 1, 2021, available at (
https://www.flrules.org/Gateway/reference.asp?No=Ref-13892
).
(c) Well Construction Permitting Agreement
				Between the Southwest Florida Water Management District and Florida Department
				of Health, effective June 1, 2021, available at (
https://www.flrules.org/Gateway/reference.asp?No=Ref-13891
).
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Section 40D-1.105 - Description of Organization (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171 FS. Law Implemented
					  373.169 FS., Chapters 76-243,
					 61-691, Laws of Florida.
New 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly
					 16J-0.001(1)-(8), Amended 7-1-84, Formerly 40D-0.001, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Section 40D-1.139 - Americans With Disabilities Act and Discrimination in Federally Funded Programs Public Grievance Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 286.26,
					 373.083
					 FS.
New 7-29-93, Amended 11-2-93, Formerly 40D-1.202, Repealed
					 10-11-09.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Section 40D-1.140 - District Funds

Current through Reg. 50, No. 138; July 16, 2024
District funds shall be disbursed by wire or electronic
				  transfer according to the following procedure:
(1) The Executive Director, or the Executive
				Director's designee, shall authorize and supervise all wire or electronic
				transfers of District funds, and shall report all wire or electronic transfer
				transactions to the Board at its regular meeting following such
				transaction.
(2) The Executive
				Director shall provide written instructions to each financial entity that will
				be transferring District funds by wire or electronic transfer indicating which
				District staff shall have the authority to request wire or electronic transfers
				of District funds, and stating that such financial entity may not wire or
				electronically transfer District funds without receiving prior instructions for
				each transfer.
(3) The Executive
				Director, or any staff member authorized by the Executive Director to request
				wire or electronic transfers of District funds as provided in subsection (2),
				above, shall provide a request for confirmation of transfer and detailed
				instructions, by telecopy transmission, hand delivery, or U.S. mail, to the
				financial entity transferring the funds indicating the accounts from and to
				which District funds are to be transferred prior to each wire or electronic
				transfer of District funds.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149 FS. Law Implemented
					 373.553
					 FS.
New 3-1-93, Formerly 40D-1.201, Amended
					 6-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.600 - Permit Applications - General and Noticed General Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						373.118,
						373.149,
						373.171 FS. Law Implemented
						 373.118 FS.
New 10-1-84, Amended 12-22-94, 7-2-98, 9-26-02, 9-25-07,
						Repealed 11-2-09.