Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-63 - EVERGLADES PROGRAM › Part I - EVERGLADES REGULATORY PROGRAM: EVERGLADES AGRICULTURAL AREA (EAA) BASIN › Subpart B - EAA Basin - Individual Permits › Section 40E-63.145 - Compliance and Enforcement of Individual Permits in the EAA Basin

Current through Reg. 50, No. 138; July 16, 2024
(1) The District shall begin reviewing
					 compliance with permit application requirements by parcel owners in the EAA
					 Basin no later than September 1, 1992. Parcel owners who are not in compliance
					 with permit application due dates are subject to immediate enforcement action
					 by the District, as described in subsection (6) below.
(2) The District shall begin reviewing
					 compliance with monitoring plan requirements by parcel owners in the EAA Basin
					 no later than October 1, 1993, and compliance with Best Management Practice
					 implementation, operation and rationale by parcel owners in the EAA Basin no
					 later than January 1, 1995. All permittees who are not in compliance with their
					 approved monitoring plan or BMP Plan requirements are subject to notification
					 by the District. All permittees who receive notice from the District must
					 submit to the District within 10 working days a plan and schedule for achieving
					 compliance within 60 days after transmittal of the notice. Permittees who do
					 not comply with this requirement are subject to enforcement action as outlined
					 in subsection (6) below.
(3)
(a) The District shall begin collecting
					 monitoring data from the EAA Basin on January 1, 1995, for the purpose of
					 determining compliance with the phosphorus load reduction requirement
					 calculated in accordance with Appendix A3 (EAA Basin Compliance).
(b) When the District periodically evaluates
					 the monitoring data collected to assess the general trend in phosphorus load
					 reduction, the evaluation shall be included in an annual report.
(c) The District shall determine whether the
					 EAA Basin is in compliance with the phosphorus load reduction requirement
					 calculated in accordance with Appendix A3, as of April 30, 1996, and annually
					 thereafter. The District shall attempt to make the determination and publish
					 the results by July 1, 1996, and annually thereafter.
(d) If the EAA Basin is determined to be in
					 compliance with the phosphorus load reduction requirement, permittees in the
					 EAA Basin shall not be subject to compliance and enforcement action by the
					 District in regard to achievement of the phosphorus load reduction requirement,
					 so long as the EAA Basin remains in compliance. However, permittees are still
					 subject to monitoring and enforcement action for failure to comply with an
					 approved monitoring plan or BMP Plan requirements, pursuant to subsections (1)
					 and (2) above.
(e) If the EAA Basin
					 is determined to be not in compliance on April 30, 1996, or any subsequent
					 year, with the phosphorus load reduction requirement calculated in accordance
					 with Appendix A3, permittees in the EAA Basin shall be subject to the following
					 compliance and enforcement actions:
1. The
					 District shall determine, according to Appendix A4 (EAA Basin Farm Scale
					 Allocation), which structures shall be required to meet a Maximum Unit Area
					 Load (MUAL) in order to bring the EAA Basin in compliance with the phosphorus
					 load reduction requirement calculated in accordance with Appendix A3 (EAA Basin
					 Compliance).
2. The District shall
					 provide written notice to permittees of structures required to meet a Maximum
					 Unit Area Load. The notice shall specify the Maximum Unit Area Load assigned to
					 the permittee. The District shall attempt to transmit the written notices by
					 July 1, 1996, and by July 1 of any subsequent year the EAA Basin is determined
					 to be not in compliance with the phosphorus load reduction requirement
					 calculated in accordance with Appendix A3 (EAA Basin Compliance).
3. Permittees shall submit to the District
					 within 45 days of transmittal of the written notice, a revised BMP Plan which
					 proposes changes in BMPs needed to ensure that the Maximum Unit Area Load will
					 be met. The revised plan shall include all the elements specified in subsection
					  40E-63.132(6),
					 F.A.C. (Content of Application for Individual Permits in the EAA Basin), or
					 explain why an omitted element is not relevant to evaluation of the revised
					 Plan. The implementation schedule shall require complete installation within 6
					 months of District approval of the revised BMP Plan. Permittees shall make good
					 faith efforts to provide complete revised BMP Plans. Failure to provide a
					 complete revised BMP Plan within 45 days shall not justify a corresponding
					 delay of the date on which a permittee is required to meet a Maximum Unit Area
					 Load pursuant to subparagraph
					  40E-63.145(3)(e) 
					 6., F.A.C.
4. The District shall
					 review and take final agency action on the revised BMP Plan within 60 days of
					 receipt of a complete plan.
5.
					 Permittees who fail to complete the revised BMPs according to the approved
					 implementation schedule shall be subject to enforcement action pursuant to
					 subsection (6) below.
6. Permittees
					 shall be required to meet the Maximum Unit Area Load on the first April 30
					 occurring 24 months after the April 30 on which the EAA Basin was determined to
					 be not in compliance with the load allocation calculated in accordance with
					 Appendix A3 (EAA Basin Compliance).
7. If the EAA Basin does not achieve the
					 phosphorus load reduction sufficient to bring the Basin in compliance with the
					 phosphorus load reduction requirement calculated in accordance with Appendix A3
					 on the April 30 occurring 24 months after the April 30 on which the EAA Basin
					 was determined to be not in compliance, the District shall repeat the
					 procedures specified in subparagraphs 1.-6. above, and seek whatever
					 enforcement or corrective action is appropriate, including those set forth in
					 subsection (6) below against permittees who failed to achieve their Maximum
					 Unit Area Load.