reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-41 - SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA › Section 40E-41.320 - Scope, Policy, and Implementation of Part IV

Current through Reg. 50, No. 138; July 16, 2024
The purpose of these rules is to protect areas that are
				  necessary for water supply, water storage, water quality improvement, and
				  ecological restoration. Further, it is an objective of the District to reduce
				  the loss of groundwater through seepage or discharge to coastal receiving
				  waters. The protection of lands within and adjacent to the Water Preserve Areas
				  is crucial to the success of Everglades restoration, flood protection and water
				  supply enhancement efforts. Because of their hydrological and biological
				  relationship to the Everglades, the region's water supply and other unique
				  natural areas and resources, the lands within and adjacent to the Water
				  Preserve Area require supplemental Environmental Resource Permit criteria. The
				  purpose of such criteria is to protect the current and future functions of
				  aquifer recharge, water storage, flood attenuation, water quality enhancement
				  and wildlife habitat provided by lands within and adjacent to the Water
				  Preserve Area. The purpose of this rule is also to limit seepage from the water
				  conservation areas across the protective levees and ultimately to
				  tide.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.114 FS. Law Implemented
					 373.413,
					 373.416,
					 373.4592
					 FS.
New 10-21-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-41 - SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA › Section 40E-41.321 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Water Preserve Area" or "WPA" means:
				those component areas identified in Figures 41-9 through 41-14 (August 2016)
				[
http://www.flrules.org/Gateway/reference.asp?No=Ref-07160
],
				incorporated by reference herein, and available at no cost by contacting the
				South Florida Water Management District Clerk's Office, 3301 Gun Club Road,
				West Palm Beach, FL 33406, (800)432-2045, ext. 2729 or (561)682-2729.
(2) "Water Preserve Area Basin" or "WPAB"
				means: the WPA and all or a portion of those drainage basins located adjacent
				to, or planned to discharge into, the WPA as identified in Figures 41-9 through
				41-14.
(3) "Protective Levees"
				means: for the purposes of this rule, those portions of levees L-33, L-35,
				L-35A, L-36, L-37, L-38 and L-40 adjacent to Water Conservation Areas 1, 2A,
				2B, 3A and 3B as identified in Figure 41-11.
(4) "Overburden" means: for the purposes of
				this rule, the layer of existing natural soil material as shown in Figures
				41-9, 41-10, 41-12, 41-13, and 41-14.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.4131 FS. Law Implemented
					 373.085,
					 373.413,
					 373.4131,
					 373.416
					 FS.
New 10-21-01, Amended
					 8-7-16.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-41 - SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA › Section 40E-41.323 - Water Preserve Area and Water Preserve Area Basin Boundaries

Current through Reg. 50, No. 138; July 16, 2024
(1) The WPA boundaries are shown in Figures
				41-9 through 41-14, incorporated by reference in Rule
				 40E-41.321, F.A.C.
(2) The WPAB includes all or a portion of the
				following drainage basins as shown in Figures 41-9 through 41-14, incorporated
				by reference in Rule  40E-41.321, F.A.C.
(a) Palm Beach County:
Acme Basin B
C-51 East (west of SR 7)
C-16 (west of the Florida Turnpike)
C-15 (west of the Florida Turnpike)
Hillsboro Canal (west of the Florida Turnpike)
(b) Broward County:
C-11 West
C-9 West
Hillsboro Canal (west of the Florida Turnpike)
Rulemaking Authority
					 373.044,
					 373.113,
					 373.4131 FS. Law Implemented
					 373.413,
					 373.4131,
					 373.416
					 FS.
New 10-21-01, Amended
					 8-7-16.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-41 - SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA › Section 40E-41.333 - Implementation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.4131 FS. Law Implemented
					 373.413,
					 373.4131,
					 373.416
					 FS.
New 10-21-01, Amended 10-1-13, Repealed
					 11-5-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-41 - SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA › Section 40E-41.343 - Application of Part IV

Current through Reg. 50, No. 138; July 16, 2024
All projects located within the WPA, WPAB, or adjacent to the
				  Protective Levees which require permits pursuant to Rule 62-330, F.A.C., shall
				  be constructed, altered, operated, maintained and abandoned in accordance with
				  the criteria specified in Rules
				   62-330.301 and
				   62-330.302, F.A.C., as
				  applicable, (Environmental Resource Permits Conditions for Issuance) and Rule
				   40E-41.363, F.A.C., (Conditions
				  for Issuance of Environmental Resource Permits and Surface Water Management
				  Permits in the Water Preserve Area, Water Preserve Area Basin, or Adjacent to
				  the Protective Levees).
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.413,
					 373.416
					 FS.
New 10-21-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-41 - SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA › Section 40E-41.360 - Permit Thresholds

Current through Reg. 50, No. 138; July 16, 2024
All systems proposed within the boundaries of the WPA shall
				  require an individual permit.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.413,
					 373.416
					 FS.
New 10-21-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-41 - SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA › Section 40E-41.363 - Conditions for Issuance of Permits in the Water Preserve Area, Water Preserve Area Basin, or Adjacent to the Protective Levees

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to obtain a permit under this
				part, an applicant must provide reasonable assurance that the proposed
				activities will meet the requirements of this section; not be harmful to the
				water resources; and be consistent with the purposes and objectives set forth
				in Rule  40E-41.320, F.A.C.
(2) Projects located within one mile of
				existing or proposed WPA components, or the Protective Levees, shall leave
				sufficient overburden in place to prevent seepage increases eastward into
				surface water bodies, such as surface water management lakes, canals, ditches
				or ponds, in accordance with the following design criteria:
(a) Proposed excavations located within
				one-quarter mile of the existing or proposed WPA components or the Protective
				Levees shall maintain an overburden thickness of at least three-quarters of the
				existing overburden.
(b) Proposed
				excavations located from one-quarter mile to one-half mile from existing or
				proposed WPA components or the Protective Levees shall maintain an overburden
				thickness of at least half of the existing overburden.
(c) Proposed excavations located from
				one-half mile to one mile from existing or proposed WPA components or the
				Protective Levees shall maintain an overburden thickness of at least
				one-quarter of the existing overburden.
(d) Figures 41-9, 41-10, 41-12, 41-13, and
				41-14, incorporated by reference in Rule
				 40E-41.321, F.A.C., show the
				thickness of existing overburden within the WPA, WPAB and adjacent to the
				Protective Levees.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Section 40E-61.010 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
The rules in this chapter establish criteria to ensure the
				  South Florida Water Management District's (District) ability to carry out the
				  objectives of the legislative declarations of policy in Sections
				   373.016 and
				   403.067, Florida Statutes
				  (F.S.); the state water policy in Chapter 62-40, Florida Administrative Code
				  (F.A.C.); and the Northern Everglades and Estuaries Protection Program (NEEPP)
				  in Section  373.4595, F.S., including the
				  directive for the District to provide for a monitoring program for nonpoint
				  source dischargers that are required to monitor water quality under Section
				   403.067, F.S., and provide for
				  the results of such monitoring to be reported to the Florida Department of
				  Environmental Protection (FDEP) and the Florida Department of Agriculture and
				  Consumer Services (FDACS).
Rulemaking Authority
					 373.044,
					 373.113,
					 373.4595 FS. Law Implemented
					 373.4595,
					 403.067
					 FS.
New 4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Section 40E-61.011 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.016,
					 373.451,
					 373.453,
					 373.4595
					 FS.
New 11-1-89, Repealed
					 4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.020 - Scope of Part I (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						668.003,
						668.004,
						668.50 FS. Law Implemented
						 373.016,
						 373.085,
						 373.086,
						 373.451,
						 373.453,
						 373.4595,
						 668.003,
						 668.004,
						 668.50 FS.
New 11-1-89, Amended 10-1-06, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.021 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.085,
						373.086,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.023 - Basin and Sub-Basin Boundaries (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.085,
						373.086,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.024 - Works of the District within the Lake Okeechobee Basin (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.085,
						373.086,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.031 - Implementation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						668.003,
						668.004,
						668.50 FS. Law Implemented
						 373.085,
						 373.086,
						 373.451,
						 373.453,
						 373.4595,
						 668.003,
						 668.004,
						 668.50 FS.
New 11-1-89, Amended 10-1-06, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.041 - Permits Required (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.085,
						373.086,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Amended 6-30-97, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.042 - General Permits for Use of Works of the District Within the Lake Okeechobee Basin (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						373.118,
						668.003,
						668.004,
						668.50 FS. Law Implemented
						 373.016,
						 373.085,
						 373.086,
						 373.451,
						 373.453,
						 373.4595,
						 668.003,
						 668.004,
						 668.50 FS.
New 11-1-89, Amended 10-1-06, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.051 - Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						373.118 FS. Law Implemented
						373.016,
						373.085,
						373.086,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Amended 3-4-90, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.101 - Content of Application for Individual and Collective Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.016,
						373.085,
						373.086,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.200 - Implementation of Nonpoint Source Discharger Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) A nonpoint source discharger that
				  discharges to or within the Northern Everglades watersheds, and is required to
				  monitor under Section 403.067(7)(b)2.g., F.S., and subsection (2) of this rule
				  section, must submit for District approval a Water Quality Monitoring Plan
				  (WQMP) to demonstrate attainment of the water quality criteria for the
				  parameters addressed by the appropriate BMAP. Any WQMP submitted must meet all
				  the requirements of this chapter and Chapter 62-160, F.A.C.
(2) All lands located within a BMAP are
				  presumed to discharge surface water runoff into the Northern Everglades
				  watersheds. Lands for which a landowner contests this presumption may submit
				  information demonstrating that the land does not discharge surface water runoff
				  into the Northern Everglades watersheds. At a minimum, the landowner's
				  information must include the location of the lands in relation to the
				  watershed, a description and site plan for stormwater drainage, applicable
				  hydrologic boundaries, and information described under Rule
				   40E-61.220, F.A.C. The District
				  will review the information submitted and other information available to the
				  District and issue a written statement of final determination within 90 days of
				  the submittal date.
(3) Within 180
				  days of the effective date of this rule, or within 180 days of the date of
				  written notification by a Coordinating Agency of the requirement to either
				  submit a notice of intent to implement BMPs as required under the BMAP or
				  submit a WQMP, a nonpoint source discharger must either provide verification to
				  the District by electronic mail or in writing that they submitted to the
				  appropriate Coordinated Agency a Notice of Intent to enroll in a BMP program
				  under a BMAP, or submit a WQMP in accordance with this chapter.
(4) Lake Okeechobee Drainage Basin Works of
				  the District Permits issued prior to the effective date of this chapter are
				  rescinded. The effective date of this chapter is April 11,
				  2021.
Rulemaking Authority
						373.044,
						373.113,
						373.4595 FS. Law Implemented
						373.4595,
						403.067
						FS.
New 4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.201 - Permit Application Processing Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.085,
						373.086,
						373.109,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.220 - Content of Water Quality Monitoring Plan (WQMP)

Current through Reg. 50, No. 138; July 16, 2024
The WQMP shall include:
(1) Date and signature of the applicant(s)
				  submitting the application, and the name of the owner(s) of all parcels
				  included under the WQMP;
(2) A
				  description of the physical and hydrogeological characteristics of the property
				  and the surrounding area, including, as applicable:
(a) General description, site plan, and map
				  of the property area, including a clear delineation of the boundaries and
				  acreage; surface water system layout and drainage features showing direction of
				  flow, surface water flow onto the property from other landowners, areas or
				  points of surface water flow off-site; and available data on existing water
				  quality;
(b) The direction and rate
				  of surface water and groundwater flow;
(c) Vertical permeability, thickness,
				  competence, and extent of any confining beds;
(d) Topography, soil information, and surface
				  water drainage systems surrounding the site;
(e) Identification and location of wells,
				  surface water discharge points, and surface water intakes within 500 feet of
				  the property and within the property boundary; and
(f) The locations of all surface waters and
				  their classifications, including springs, within one quarter mile of the
				  property, and onsite sinkholes with depths exceeding the seasonal high water
				  table or that are perched;
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.250 - Duration of WQMPs

Current through Reg. 50, No. 138; July 16, 2024
(1) Approved WQMPs
				  expire after 5 years. At least 180 days before expiration of an approved WQMP,
				  the nonpoint source discharger shall resubmit for District approval a WQMP that
				  meets all the requirements of this chapter and Chapter 62-160, F.A.C.
(2) A nonpoint source discharger with an
				  approved WQMP may elect to enroll in an appropriate rule-adopted BMP program in
				  lieu of implementing a WQMP at any time. The nonpoint source discharger must
				  provide verification to the District by electronic mail or in writing that they
				  are actively enrolled in a BMP program adopted under a BMAP. If the information
				  submitted sufficiently demonstrates the nonpoint source discharger's
				  participation in a BMP program adopted under a BMAP, the District will notify
				  the nonpoint source discharger that its WQMP is no longer necessary.
(3) If the property operating under an
				  approved WQMP is sold, the nonpoint source discharger must notify the District
				  within 30 days. If the new property owner decides not to implement BMPs as
				  required under a BMAP, the new owner must submit for District approval a WQMP
				  to demonstrate attainment of the water quality criteria for the parameters
				  addressed by the BMAP within 180 days of the sale.
Rulemaking Authority
						373.044,
						373.113,
						373.4595 FS. Law Implemented
						373.4595,
						403.067
						FS.
New 4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.260 - Modification to WQMPs

Current through Reg. 50, No. 138; July 16, 2024
Modifications to WQMPs must be approved by the District.
					 The nonpoint source discharger shall notify the District by electronic mail or
					 in writing within 30 days of a change that requires a modification to the WQMP.
					 WQMPs must be modified if any of the following occurs:
(1) New analytical methods, sampling or other
				  field procedures, or instruments or equipment that affect data quality become
				  available;
(2) The sampling or
				  analysis contractor or subcontractor is changed;
(3) The scope of work is substantially
				  altered;
(4) A change in property
				  hydrology; or
(5) Other changes are
				  made that affect the data quality objectives of the WQMP.
Rulemaking Authority
						373.044,
						373.113,
						373.4595 FS. Law Implemented
						373.4595,
						403.067
						FS.
New 4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.280 - Implementation Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) As provided in
				  an approved WQMP, a nonpoint source discharger must ensure that water samples
				  are taken at the approved frequency at all locations set forth in the approved
				  WQMP.
(2) The collected water
				  samples must be analyzed in accordance with the approved WQMP within 90 days of
				  District approval of the WQMP.
(3)
				  Sample collections and analytical test methods on the collected samples shall
				  be conducted in accordance with Chapter 62-160, F.A.C.
(4) Monitoring records must be retained
				  onsite for at least 5 years and copies of the records must be provided to the
				  District upon request.
(5) The
				  nonpoint source discharger with an approved WQMP shall allow District staff and
				  designated agents reasonable access to their property to verify compliance with
				  the WQMP, monitor water quality, and collect data, as applicable. The District
				  will provide advance notice at least 48 hours prior to a site visit.
(6) The District will provide at least a
				  one-week notice to the nonpoint source discharger of its intent to conduct a
				  Quality Assurance (QA) field audit of sample collection procedures. The
				  District will also provide the results of the QA field audit to the nonpoint
				  source discharger.
(7) The nonpoint
				  source discharger's data will be used to assess attainment annually with the
				  water quality criteria for the parameters addressed by the BMAP. The nonpoint
				  source discharger shall submit a water quality monitoring summary report by
				  August 1 each year that includes all raw data in a District-approved format. If
				  it is demonstrated that a nonpoint source discharger is not attaining the water
				  quality criteria for the parameters addressed by the BMAP, then the District
				  will notify nonpoint source dischargers of the requirement for remedial actions
				  in accordance with Rule
				   40E-61.290, F.A.C.
(8) The District shall share the monitoring
				  results provided by the nonpoint source dischargers with the Coordinating
				  Agencies.
(9) The nonpoint source
				  discharger must provide written notice within 30 days to the District if the
				  property operating under an approved WQMP is sold or changes are made to the
				  hydrology of the property.
Rulemaking Authority
						373.044,
						373.113,
						373.4595 FS. Law Implemented
						373.4595,
						403.067
						FS.
New 4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.290 - Remedial Action

Current through Reg. 50, No. 138; July 16, 2024
The District shall have all remedies available to it under
					 Florida law, pursuant to Chapter 373, F.S., and the rules adopted thereunder to
					 enforce compliance with this chapter. Compliance includes adherence to the
					 rules in this chapter, such as implementation of the approved WQMP and timely
					 submittal of required reports.
(1) If
				  the District determines a nonpoint source discharger is not adhering to the
				  rules in this chapter:
(a) The nonpoint source
				  discharger will be subject to enforcement actions by the District upon written
				  notice of non-compliance.
(b) All
				  nonpoint source dischargers shall respond in writing to a notice of monitoring
				  plan non-compliance from the District within 30 days of the date of the notice.
				  The response must provide a plan that includes a schedule for achieving
				  compliance with the rules within 90 days of the date of the District's notice.
				  An extension may be approved by the District with justification based on the
				  scope of the proposed activities. The plan may require submittal of a WQMP
				  modification as described in Rule
				   40E-61.260,
				  F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.301 - Conditions for Issuance for Individual and Collective Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.016,
						373.085,
						373.086,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.321 - Duration of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						668.003,
						668.004,
						668.50 FS. Law Implemented
						 373.451,
						 373.453,
						 373.4595,
						 668.003,
						 668.004,
						 668.50 FS.
New 11-1-89, Amended 1-1-97, 10-1-06, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.331 - Modification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.016,
						373.085,
						373.086,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.351 - Transfer (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.016,
						373.085,
						373.086,
						373.451,
						373.453,
						373.4595
						FS.
New 11-1-89, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-61 - NORTHERN EVERGLADES BASINS › Part I - LAKE OKEECHOBEE DRAINAGE BASIN › Section 40E-61.381 - Limiting Conditions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						668.003,
						668.004,
						668.50 FS. Law Implemented
						 373.016,
						 373.085,
						 373.086,
						 373.451,
						 373.453,
						 373.4595,
						 668.003,
						 668.004,
						 668.50 FS.
New 11-1-89, Chapter 40E-61, Amended 10-1-06, Repealed
						4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.011 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.020 - Scope of Part I (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.021 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.023 - C-18 Canal Right of Way Boundary (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.041 - Permits Required (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.042 - General Permit for Occupancy or Use of the C-18 Right of Way (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.043 - Application of Part (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.051 - Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.101 - Content of Application (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.301 - Conditions for Issuance of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.321 - Duration of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.331 - Modification of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.341 - Revocation of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.351 - Transfer of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.381 - Limiting Conditions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.083,
					 373.085,
					 373.086,
					 373.103,
					 373.129
					 FS.
New 1-23-90, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-62 - WORKS AND LANDS OF THE DISTRICT MANAGEMENT PLANS › Section 40E-62.651 - C-18 Use Zones (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 1-23-90, Repealed
					 8-12-13.
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 › Section 40E-63.091 - Publications Incorporated by Reference

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  "Appendix A1 - Description: Regulated Portion of Everglades Agricultural Area
				  Basins Palm Beach, Broward and Hendry Counties, " dated March 15, 2018 [
http://www.flrules.org/Gateway/reference.asp?No=Ref-09163
].
(2) "Appendix A2 - Typical Best Management
				  Practices for the EAA Basin, " dated January 2001, and including nutrient
				  control practices, water management practices, particulate matter and sediment
				  control, pasture management, and other BMPs.
(3) "Appendix A3 - EAA Basin Compliance, "
				  dated March 15, 2018, [
http://www.flrules.org/Gateway/reference.asp?No=Ref-09164
],
				  and setting forth the procedures the District will follow to determine whether
				  the entire EAA Basin has met the applicable total Phosphorus reduction goals
				  based upon mathematical data analysis.
(4) "Appendix A3.1 - FORTRAN Program for
				  Calculating EAA Basin Flows and Phosphorus Loads, " dated March 15, 2018,
				  [
http://www.flrules.org/Gateway/reference.asp?No=Ref-09165
].
(5) "Appendix A3.2 - Flow Computation Methods
				  Used to Calculate EAA Basin Flows, " dated March 15, 2018, [
http://www.flrules.org/Gateway/reference.asp?No=Ref-09166
],
				  providing applicable mathematical formulas for calculating flow rates through
				  water management structures.
(6)
				  "Appendix A4 - EAA Basin Farm Scale Allocation, " dated March 15, 2018, [
http://www.flrules.org/Gateway/reference.asp?No=Ref-09167
],
				  setting forth the procedure the District will follow to regulate total
				  Phosphorus loads from individual farms when the EAA Basin has been determined
				  to be not in compliance with applicable requirements.
(7) "Appendix A5 - Outline of Compliance and
				  Enforcement Procedures in the EAA Basin, " dated January 2001.
(8) "Appendix A6 - EAA Basin Examples of
				  Permit Modifications, " dated January 2001, distinguishing permit
				  modifications, letter modifications, and administrative updates.
(9) South Florida Water Management District
				  Form 0779, dated January 2001, entitled "Application for a Works of the
				  District Permit."
(10) "South
				  Florida Water Management District Guidance for Preparing an application for "A
				  Works of the District" Permit in the Everglades Pursuant to Chapter 40E-63,
				  F.A.C.", dated May, 1992.
(11) The
				  documents listed in subsections (1) through (10) are incorporated by reference
				  herein, and are available at no cost by contacting the South Florida Water
				  Management District Clerk, 3301 Gun Club Road, West Palm Beach, FL 33406,
				  (800)432-2045, ext. 6805 or (561)682-6805.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.016,
						373.451,
						373.453,
						373.4592
						FS.
New 7-3-01, Amended
						3-15-18.
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 › Section 40E-63.101 - Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) The goal of the regulatory program
				  contained in Part I of this chapter is to reduce by 25% the total phosphorus
				  loads discharged from the EAA.
(a) The EAA is
				  generally depicted in Appendix A1 Figure 2 and includes the drainage Basins of
				  S-2, S-3, S-5A, S-6, S-7, S-8 and S-150.
(b) The Everglades Protection Area is
				  generally depicted in Appendix A1 Figure 1 and includes Water Conservation
				  Areas 1, 2A, 2B, 3A and 3B, the Arthur R. Marshall Loxahatchee National
				  Wildlife Refuge and the Everglades National Park.
(c) Both areas are more specifically
				  identified and described in Rule
				   40E-63.104, F.A.C.
				  (Boundaries).
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 › Section 40E-63.104 - EAA Basin Boundaries

Current through Reg. 50, No. 138; July 16, 2024
(1) The Everglades
				  Protection Area is generally described as: Water Conservation Areas 1, 2A, 2B,
				  3A and 3B, the Arthur R. Marshall Loxahatchee National Wildlife Refuge, and the
				  Everglades National Park. It is depicted on maps and legally described in
				  "Appendix A1" which is incorporated by reference in Rule
				   40E-63.091, F.A.C.
(2) The EAA is generally described as:
(a) The area including, but not limited to,
				  the drainage basins of S-2, S-3, S-5A, S-6, S-7, S-8 and S-150. The EAA is
				  depicted on maps and legally described in "Appendix A1, " which is incorporated
				  by reference in Rule  40E-63.091, F.A.C.; and,
(b) The Everglades Construction
				  Project diversion basins, consisting of the areas within the boundaries of the
				  South Florida Conservancy District, South Shore Drainage District, East Shore
				  Water Control District, East Beach Water Control District, and Closter Farms
				  (also known as 715 Farms or the lessee of agricultural lease number 3420).
				  These basins previously released stormwater to Lake Okeechobee, but stormwater
				  was redirected as new releases to Works of the District within the Everglades
				  under Rule  40E-63.108, F.A.C., when the
				  diversion projects were completed. The Everglades Construction Project
				  Diversion Basins are depicted on maps and described in "Appendix A1, " which is
				  incorporated by reference in Rule
				   40E-63.091,
				  F.A.C.
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 › Section 40E-63.106 - Works of the District within the Everglades

Current through Reg. 50, No. 138; July 16, 2024
The Works of The District within the Everglades
					 Agricultural Area Basin include: S-2, S-3, S-5A, S-6, S-7, S-8, S-150, G-88,
					 G-136, G-200, G-344A, G-344B, G-344C, G-344D, G-349B, G-350B, G-357, G-404,
					 G-410, G-402-A, G-402-B, G-402-C, G-402-D, G-605, G-606, Miami Canal, North New
					 River Canal, Hillsboro Canal, C-51 (at both current and ultimate discharge
					 locations into the Everglades Protection Area), and their open channel
					 connections. The Works of the District and other structures which are or have
					 been used for calculating compliance with the phosphorus load reduction
					 objectives of the Everglades program are set forth in "Appendix A3, " which is
					 incorporated by reference in Rule
					  40E-63.091,
					 F.A.C.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.016,
						373.085,
						373.086,
						373.451,
						373.453,
						373.4592
						FS.
New 1-22-92, Amended 7-3-01,
						3-15-18.
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 › Section 40E-63.108 - Implementation

Current through Reg. 50, No. 138; July 16, 2024
The effective date of Parts I, II, and III of this chapter
					 is 1-22-92. The rules shall apply to existing and new releases of water to
					 Works of the District within the Everglades.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.016,
						373.085,
						373.086,
						373.451,
						373.453,
						373.4592
						FS.
New 1-22-92, Amended
						7-3-01.
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 › Section 40E-63.110 - EAA Basin - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				  lands in the EAA, as described in subsection
				   40E-63.104(2),
				  F.A.C., (Boundaries) release water that ultimately makes use of, connects to,
				  is released to, or is discharged to the Works of the District within the
				  Everglades, as defined in Rule
				   40E-63.106, F.A.C., (Works of
				  the District within the Everglades) and a general permit, individual permit, or
				  master permit must be obtained pursuant to Subpart A, B or C of Part I of this
				  chapter.
(2) Any landowner in the
				  EAA, as described in subsection
				   40E-63.104(2),
				  F.A.C., (Boundaries) may submit evidence to the District demonstrating that the
				  water discharged from their property does not use the Works of the District
				  within the Everglades, and request District staff to make a written
				  determination that the requirements of this chapter do not apply to their
				  property. The request and supporting evidence must be submitted no later than
				  90 days prior to the application date specified below for Subparts B and C for
				  Individual and Master Permits. District staff will review the evidence
				  submitted and other available information and issue a written statement within
				  60 days specifying whether the property is subject to the requirements of Part
				  I of this chapter.
(3) If the BMP
				  Plan submitted pursuant to Part I of this chapter proposes activities which
				  require new or modified consumptive water use, surface water management,
				  environmental resource, right-of-way, or well construction permits from the
				  District, applications for the other permits shall be submitted at the same
				  time the Works of the District permit application is submitted. The permit
				  applications for the new or modified activities must be complete by the time
				  the Works of The District permit application is complete. If the applications
				  are not complete, the proposed activities will be excluded from the Works of
				  The District application.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.016,
						373.085,
						373.086,
						373.451,
						373.453,
						373.4592
						FS.
New 1-22-92, Repromulgated 7-7-92, Amended 7-7-92,
						7-3-01.
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 A - EAA Basin - General Permits › Section 40E-63.120 - General Permits for Use of Works of the District Within the Everglades

Current through Reg. 50, No. 138; July 16, 2024
(1) Parcels of land that connect to or make
					 use of the Works of The District Within The Everglades, and that meet the
					 conditions specified below in subsection (2), are granted a General Permit to
					 connect to and make use of the Works Of The District Within The Everglades,
					 subject to the requirements of Part I of this chapter.
(2) The parcels of land described below
					 qualify for a General Permit, subject to the conditions specified below:
(a) The property is less than 40 acres in
					 size, is residential, and is not served by a central drainage system;
					 or
(b) The property is less than 5
					 acres in size, is commercial or industrial, and is not served by a central
					 drainage system.