reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-4 - ENVIRONMENTAL RESOURCE PERMITS › Section 40E-4.381 - General Conditions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 668.003,
					 668.004,
					 668.50 FS. Law Implemented
					  373.116,
					  373.229,
					  373.413,
					  373.416,
					  373.421,
					  373.422,
					  373.426,
					  668.003,
					  668.004,
					  668.50 FS.
New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.07(3),
					 16K-4.38, Amended 7-1-86, 4-20-94, 10-3-95, 1-7-97, 4-14-03, 9-16-03, 10-1-06,
					 7-22-07, 12-1-11, Repealed 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-4 - ENVIRONMENTAL RESOURCE PERMITS › Section 40E-4.451 - Emergency Authorization (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.119(2),
					 373.413
					 FS.
New 9-3-81, Formerly 16K-4.13, Amended 10-3-95, 7-2-98,
					 Repealed 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter
				implements Sections  373.106, F.S., which authorizes
				the District to issue permits for projects involving artificial recharge or the
				intentional introduction of water into any underground formation, except
				activities under Chapter 377, F.S. Projects that inject waters into aquifers
				that contain a total dissolved solids concentration greater than 10, 000 mg/L
				or for the purpose of disposal are not regulated under this chapter.
(2) It is the intent of the District to
				consolidate permits issued pursuant to this chapter with consumptive uses
				regulated under Chapter 40E-2, F.A.C., when such permit is required. Thus, if
				water is obtained from a regulated surface or groundwater source, authorization
				under this chapter shall be issued in conjunction with the associated
				consumptive use permit. If a consumptive use permit for the project is not
				required pursuant to Chapter 40E-2, F.A.C., (e.g., the recharge water is
				reclaimed waste water), a separate permit shall be obtained pursuant to this
				chapter.
(3) Nothing herein
				relieves the applicant from complying with the requirements of underground
				injection control (UIC) permits issued by the Department of Environmental
				Protection pursuant to Chapter 62-528, F.A.C.
(4) This chapter does not regulate operations
				of Artificial Recharge Systems authorized under Section
				 373.087 or
				 373.1502,
				F.S.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.106(1)
					 FS.
New 9-3-81, Amended 8-14-03,
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this chapter:
(1) "Aquifer storage and recovery" means a
				well system operated for the purpose of injecting and storing water in an
				aquifer for direct retrieval and use.
(2) "Artificial recharge" means the practice
				of introducing water into an aquifer through a horizontal or vertical well that
				increases the availability of water for consumptive or non-consumptive uses
				(e.g., a hydraulic barrier against saltwater intrusion, aquifer recharge
				systems, aquifer storage and recovery systems or heat exchange
				systems).
(3) "Heat exchange" means
				a well or combination of wells that remove groundwater associated with cooling
				or heating systems where the water withdrawn is returned to an
				aquifer.
(4) "Storage horizon" or
				"injection horizon" means the geological underground formation, group of
				formations, or part of a formation that receives or stores the injected
				water.
(5) "Underground Source of
				Drinking Water" or "USDW" means an aquifer or a portion of an aquifer that:
(a) Supplies drinking water for human
				consumption; is classified by Rule
				 62-520.410, F.A.C., as Class G-I
				or G-II ground waters; or, contains a total dissolved solids concentration of
				less than 10, 000 mg/L; and
(b) Is
				not an "exempted aquifer, " pursuant to Chapter 62-528,
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.031 - Implementation

Current through Reg. 50, No. 138; July 16, 2024
The effective dates for the artificial recharge permitting
				  program established in this chapter are as follows:
(1) January 12, 1977, for the portion of the
				District formerly within the Ridge and Lower Gulf Coast Water Management
				District annexed to the District by operation of Section 1, Chapter 76-243,
				Laws of Florida.
(2) March 2, 1974,
				for the remainder of the District.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.106(1)
					 FS.
New 9-3-81, Formerly
					 16K-2.011(1)(a).
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.041 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				expressly exempt by law or District rule, a permit is required pursuant to this
				chapter to operate an artificial recharge system. The permit applicant shall
				provide reasonable assurances that the proposed activity meets the criteria set
				forth in Rule  40E-5.301, F.A.C. In the event
				the project also requires a consumptive use permit pursuant to Chapter 40E-2,
				F.A.C., demonstration of reasonable assurances required under Rule
				 40E-5.301, F.A.C., shall be made
				in conjunction with application for such permit and a consolidated permit will
				be issued.
(2) Operation of all
				artificial recharge systems existing at the time of adoption of this rule may
				be continued only with a permit issued as provided herein. Application for a
				permit under the provisions of this rule for existing artificial recharge
				systems that are not currently approved under an existing consumptive use
				permit shall be made within a period of two years from the effective date of
				implementation of this rule.
(3)
				Nothing herein relieves the applicant from complying with the requirements of
				the UIC program including the acquisition of and compliance with permits issued
				pursuant to Chapter 62-528, F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.106(1)
					 FS.
New 9-3-81, Formerly 16K-2.02(1), Amended 8-14-03, 7-14-14,
					 9-7-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
No permit is required under Rule
				   40E-5.041, F.A.C., for injection
				  wells permitted under Chapter 377, F.S., or for projects authorized under
				  Section  373.087 or
				   373.1502, F.S.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.106(1)
					 FS.
New 9-3-81, Formerly 16K-2.02(1), Amended
					 8-14-03.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.101 - Content of Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications
				for permits required by this chapter shall be filed electronically at
www.sfwmd.gov/ePermitting
, or at
				the South Florida Water Management District Regulation Reception Desk, 3301 Gun
				Club Road, West Palm Beach, FL 33406, or at any of the District's Service
				Centers. The addresses and phone numbers of the District's Service Centers are
				available online at
www.sfwmd.gov
,
				"Locations." Water Use Permit Application, Form No. 1379 or 1391, which is
				incorporated by reference in subsections
				 40E-2.101(3) and
				(4), F.A.C., shall contain:
(a) The appropriate permit application
				processing fee required by Rule
				 40E-1.607, F.A.C.;
				and,
(b) The information required
				in Section  373.229(1),
				F.S.; and,
(c) Information
				sufficient to show that the use meets the criteria and conditions established
				in Rules  40E-2.301 and
				 40E-5.301,
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.301 - Conditions for Permit Issuance

Current through Reg. 50, No. 138; July 16, 2024
In order to obtain a permit, permit renewal, or permit
				  modification pursuant to this chapter, an applicant must give reasonable
				  assurances that the proposed diversion of water to be introduced into an
				  aquifer and the impact of introducing and recovering the water from an
				  aquifer:
(1) Shall not violate the
				conditions of issuance in Rule
				 40E-2.301, F.A.C., with regard
				to the impacts associated with diverting source water for:
(i) injection,
(ii) storage, and
(iii) recovery.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.321 - Duration of Permit

Current through Reg. 50, No. 138; July 16, 2024
The duration of the permit issued pursuant to this chapter
				  shall be 20 years or the demonstrated period of need for the project, whichever
				  is less.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.106(1)
					 FS.
New 8-14-03.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.331 - Modification of Permit

Current through Reg. 50, No. 138; July 16, 2024
Modification of a permit issued pursuant to this chapter or a
				  consumptive use permit containing an authorization as specified herein shall be
				  in accordance with the provisions in subsection
				   40E-2.331(1),
				  F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.106(1)
					 FS.
New 8-14-03.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-5 - ARTIFICIAL RECHARGE › Section 40E-5.381 - Limiting Conditions

Current through Reg. 50, No. 138; July 16, 2024
The District shall impose on any permit granted under this
				  chapter such reasonable standards and special permit conditions necessary to
				  assure that the permitted activity is consistent with the overall objectives of
				  the District, will not be harmful to the water resources of the District, is
				  reasonable-beneficial, will not interfere with any presently existing legal
				  uses, and is consistent with the public interest.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.079,
					 373.083,
					 373.106(1),
					 373.219
					 FS.
New 8-14-03, Amended
					 10-23-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.031 - Implementation

Current through Reg. 50, No. 138; July 16, 2024
(1) The effective date for the program
				established in this chapter is August 12, 2013.
(2) All permits issued prior to the effective
				date of these rules shall remain in effect, except as provided
				herein.
(3) All applications, and
				permit application processing fees, for permits received by the District prior
				to the effective date of these rules shall be processed using the criteria set
				forth in Criteria Manual for Use or Occupancy of the Works or lands of the
				District - Permit Information Manual, adopted August 12, 2013.
(4) All applications, and permit application
				processing fees, received by the District on or after the effective date of
				these rules shall be subject to the provisions of these rules and the criteria
				adopted pursuant to these rules as set forth in Rule
				 40E-6.091,
				F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 9-3-81, Amended 12-29-86, 9-15-99,
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.041 - Consent Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				expressly exempt by law or District rule, a right of way occupancy permit,
				either a notice general permit or a standard permit, must be obtained prior to
				connecting with, placing structures in or across, discharging into or making
				use of the works of the District and any additional lands or real property
				interest owned by the District used in conjunction with such works, including
				the Stormwater Treatment Areas (STA's).
(2) All other use and occupancy of District
				works or lands must be consistent with the purposes and objectives of Chapter
				373, F.S., and Division 40E, F.A.C.
(3) These rules do not apply to:
(a) Those portions of "management areas"
				described pursuant to Chapter 40E-7, Part V, F.A.C., not contained within Works
				of the District, or
(b) Property
				managed by the District pursuant to the District's Real Estate of leasing
				policies, except as otherwise limited by subsection
				 40E-6.221(9),
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) The following uses are exempt from
				permitting under this chapter where such facilities and uses comply with the
				criteria contained in the Criteria Manual, incorporated by reference in
				subsection  40E-6.091(1),
				F.A.C.:
(a) The planting or maintenance of
				native or drought and insect resistant turf grasses;
(b) Drain lines (pool, roof,
				air-conditioning);
(c) Low lying
				groundcover; and
(d) Irrigation
				lines, flush or pop-up sprinklers, draft lines.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.091 - Publications Incorporated by Reference

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The "Right of Way Criteria Manual for Use of the Works or Lands of the District
-
August 12, 2013" ("Criteria Manual") (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03052
),
				which includes separate and distinct minimum criteria developed to address the
				unique characteristics and operational needs of the respective areas of the
				District.
(2) The works and lands
				of the District subject to this chapter are adopted by the Governing Board by
				Resolution in accordance with the provisions of Section
				 373.086, F.S. A current list of
				the adopted Works of the District is available upon request and can also be
				located on the District's website (
www.sfwmd.gov
).
(3) The document listed in subsection (1) is
				published by the District and available upon request, as well as located on the
				District's website.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086,
					 403.0877
					 FS.
New 9-3-81, Formerly 16K-5.01(3), Amended 12-29-86,
					 12-24-91, 9-15-99, 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.101 - Content of Application (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085(1),
					 373.086,
					 373.117,
					 373.118,
					 471.003
					 FS.
New 9-3-81, Formerly 16K-5.04 (1), Amended 12-1-82,
					 12-29-86, 12-24-91, 9-15-99, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.121 - Conditions for Issuance of Notice General 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,
					 373.118
					 FS.
New 9-15-99, Repealed
					 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.201 - Content of Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications
				for permits shall be filed with the District. The permit application shall
				contain the following information:
(a) A
				completed Form 0122 "Application to the South Florida Water Management District
				for Right of Way Occupancy Permit" effective date August 12, 2013, which is
				hereby incorporated by reference and which may be obtained at the South Florida
				Water Management District, 3301 Gun Club Road, West Palm Beach, Florida
				33406;
(b) The applicant's name and
				address, if other than owner, including zip code and phone number;
(c) All owner's names, as appearing on the
				tax rolls, and complete address if applicant or user is other than the
				owner;
(d) The project location
				relative to County, Section, Township and Range; Lot, Block and Subdivision; or
				a metes and bounds description;
(e)
				A description of the portion of the works or lands of the District to be
				used;
(f) Whether the use is a
				proposed, existing, or a modification of an existing use;
(g) A description of the use or encroachment
				on works or lands of the District and in which zone, as depicted in subsection
				 40E-6.011(7),
				F.A.C., the use will be located;
(h) At a minimum, Four (4) copies of the
				following scaled or fully dimensioned 8 1/2'' x 11'' drawings the use in plan
				and elevation views, related to the applicable work of the District, and tied
				to a known reference point in the immediate area of the proposed use. Larger
				drawings or aerial photographs shall be required, if necessary to adequately
				show the location and nature of the proposed use. A property survey, indicating
				the location of the District right of way boundary line, shall also be
				provided.
1. All drawings shall utilize
				English units of measure or a combination of both English and metric units of
				measure. Vertical datum shall be National Geodetic Vertical Datum (1929), North
				American Vertical Datum (1988), or Mean Sea Level and the datum utilized shall
				be specified on the drawing(s).
2.
				All drawings shall be in accordance with the specified requirements set forth
				in the Criteria Manual.
(i) Information sufficient to demonstrate
				that the use meets the criteria established in the document referred to in Rule
				 40E-6.091, F.A.C.; and
(j) The estimated length of time needed for
				completion of the proposed work once construction has
				begun.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.301 - Conditions for Issuance of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044 FS. Law Implemented
					 373.016,
					 373.083(1),
					 373.085,
					 373.086,
					 373.093
					 FS.
New 9-3-81, Formerly 16K-5.03, 16K-5.04(1), (4),
					 16K-5.05(11), 16K-5.13, Amended 12-29-86, 12-24-91, Repealed
					 9-15-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.321 - Duration of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Permits issued
				prior to the effective date of September 15, 1999 and which do not comply with
				the Basis of Review incorporated by reference in Rule
				 40E-6.091, F.A.C., shall expire
				upon the change of ownership of the property unless transferred pursuant to
				Rule  40E-6.351, F.A.C. below. These
				authorizations shall not be transferred to a new property owner and must be
				immediately removed from the District's right of way unless a new permit
				application has been submitted and approved by the District.
(2) Unless revoked or otherwise modified the
				duration of a right of way occupancy permit is:
(a) As set forth in the permit, including the
				special conditions to the permit; or
(b) After construction is complete,
				perpetual, unless revoked.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.331 - Modification of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications
				for permit modifications required by this chapter shall be filed by formal
				application, including the permit modification application fee, with the
				District.
(2) Applications for
				modification to permitted uses shall be reviewed using the same criteria as new
				applications, pursuant to Rules
				 40E-6.091 and
				 40E-6.221, F.A.C.
(3) Letter modifications shall be issued by
				District staff, provided the requested modification:
(a) Does not substantially alter the permit
				authorization;
(b) Does not
				interfere with construction, operation and maintenance of District lands or
				works; and
(c) Is otherwise
				consistent with the purposes and policies of Chapter 373, F.S., and Chapter
				40E-6, F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.341 - Revocation of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Under Sections
				 373.083 and
				 373.085, F.S., the District is
				authorized to revoke a right of way occupancy permit under any of the following
				circumstances:
(a) The Permittee or his agent
				has committed any of the acts enumerated in Rule
				 40E-1.609, F.A.C.;
(b) The permitted use interferes or will
				interfere with the construction, alteration, operation, or maintenance of
				present or proposed works or lands of the District;
(c) The Permittee has failed to immediately
				comply with an emergency or other order issued pursuant to Rule
				 28-106.501, F.A.C.;
(d) The permitted use is no longer consistent
				with the factors and conditions enumerated in Rule
				 40E-6.221, F.A.C., the
				provisions of Chapter 373, F.S., Title 40E, F.A.C., and the state water policy,
				Chapter 62-40, F.A.C;
(e) The
				permitted use is inconsistent with any provision of this rule, or any
				subsequent revisions to this rule, including any provision of the Criteria
				Manual, incorporated by reference in Rule
				 40E-6.091, F.A.C.; or
(f) The permitted use is no longer consistent
				with District policy, based upon a change in District
				policy.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.351 - Transfer of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) As the
				District has no control over the sale or transfer of real or personal property,
				it is the sole obligation of a Permittee or their agent to disclose the
				existence of a Right of Way Occupancy Permit, its terms and conditions, to
				prospective purchasers.
(2) Right
				of Way Occupancy Permits shall be transferred when:
(a) The request is otherwise consistent with
				the provisions of these rules and Chapter 373, F.S.
(b) The applicant demonstrates that the
				permitted use still qualifies for a permit under Rule
				 40E-6.221, F.A.C.
(c) The applicant agrees to abide by the
				provisions of Chapter 373, F.S., this chapter, and the terms and conditions of
				the permit, including these rules, including the standard limiting conditions,
				and criteria which are applicable at the time of the request for
				transfer.
(d) The adjoining land
				use has not changed.
(e) The
				request for transfer is accompanied with the correct fee as set forth in
				paragraph 40E6.601(3)(j), F.A.C.
(f) The applicant authorizes the District to
				record a Notice of Permit in the official records of the county clerk's office
				where the project is located.
(g)
				In cases where unauthorized facilities or uses have been added that are not
				included in the permit authorization, a permit transfer request must also be
				accompanied by a request for modification pursuant to Rule
				 40E-6.331,
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.361 - Financial Assurances and Insurance

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The District shall require the applicant requesting a right of way occupancy
				permit to provide and maintain financial assurances to the District and its
				successors, in the form of a cash bond to be held by the District in a
				non-interest bearing account, a performance bond issued by a licensed bonding
				company, a letter of credit issued by a financial institution authorized to do
				business in the State of Florida, or other such instrument approved by the
				District to ensure full compliance with terms of the permit, including the
				proper construction, operation, and maintenance of the facility. The amount and
				type of financial assurance shall be determined by the District.
(a) In instances where the District
				authorizes use of its rights of way as a temporary haul or access road, which
				does not include crossing over District structures or associated facilities,
				the amount of the financial assurance shall be Five Thousand ($5, 000.00)
				Dollars per half mile or multiple thereof, with a minimum amount of Five
				Thousand ($5, 000.00) Dollars.
(b)
				In instances where the District authorizes the construction of a private bridge
				on or across the District's right of way, the amount of the financial assurance
				shall be based upon a professional engineer's or certified demolition company's
				itemized estimate, to be provided by and paid for by the applicant, of the cost
				of the demolition of the bridge, removal of the debris, and restoration of the
				right of way. Such estimates shall be reviewed and approved by District
				staff.
(c) In instances where the
				District authorizes the installation of a water or sewer force main
				installation on or across the District's right of way other than those
				constructed by governmental entities, the amount of the financial assurance
				shall be based upon a professional engineer's or certified demolition company's
				itemized estimate, to be provided by and paid for by the applicant, of the cost
				of the demolition of the water or sewer force mains, removal of the debris, and
				restoration of the right of way. Such estimates shall be reviewed and approved
				by District staff. Upon acceptance by the governmental entity of the facility
				and the issuance of a permit transfer by District staff, such financial
				assurances shall be released.
(d)
				Any other uses of the District's right of way authorized by the District are
				subject to adequate financial assurances as determined necessary and reasonable
				by District staff based upon a complete review of the unique circumstances and
				the potential liability, both personal injury and property damage, and
				environmental risks involved with the specific authorized
				use.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.451 - Emergency Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) Permission
				to begin use of works or lands of the District prior to the issuance of a
				permit shall be granted pursuant to Rule
				 40E-0.108, F.A.C.
(2) All requests for emergency authorizations
				must be submitted with both the emergency application processing fee set forth
				in paragraph  40E-6.601(2)(h),
				F.A.C., in addition to the applicable standard permit application processing
				fee set forth in paragraphs
				 40E-6.601(2)(d) through
				(g), F.A.C.
(3) In order to be eligible for an emergency
				permit authorization the applicant must have already filed a standard permit
				application with the District or simultaneously file a standard permit
				application with the District.
(4)
				In addition to the required standard permit application contents, the applicant
				must also file a written statement with the District which fully explains the
				basis and circumstances which support and justify the request for emergency
				authorization.
(5) Mere
				carelessness or lack of planning on the part of the applicant shall not be
				sufficient grounds to warrant the granting of an emergency
				authorization.
(6) The Executive
				Director may grant an emergency authorization pursuant to Section
				 373.119(2),
				F.S.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086,
					 373.119,
					 373.439
					 FS.
New 9-3-81, Formerly 16K-5.09, Amended 12-29-86, 7-1-98,
					 9-15-99, 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.481 - Emergency Measures

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to
				the provisions of Rule
				 40E-6.521, F.A.C., permitted
				uses are also subject to immediate alteration, repair or removal if an
				emergency condition exists and the continued exercise of the permitted use
				might endanger lives or property.
(2) In such event the Permittee shall
				immediately comply with any written or oral instructions from the District
				regarding alteration, repair or removal of the permitted use.
(3) If the Permittee fails to remove, alter
				or repair a permitted use when so ordered by the District, the District is
				authorized to repair, alter or remove it at the Permittee's expense.
(4) Permittee may request an administrative
				hearing regarding the emergency order in accordance with the procedures set
				forth in Rule  28-107.004, F.A.C.
(5) In addition to the provision of Rule
				 40E-6.521, F.A.C., unpermitted
				uses are also subject to the provisions of this section.
(6) In no circumstances shall the District be
				responsible for any claims or damages caused in whole or in part, from any
				necessary emergency removal, alteration, or repair of any permitted or
				unpermitted use.
(7) All permitted
				and unpermitted uses are subject to the specific terms of an Emergency Order(s)
				which may be issued by the District.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086,
					 373.119,
					 373.439
					 FS.
New 9-3-81, Formerly 16K-5.08, Amended 12-29-86, 7-2-98,
					 9-15-99, 8-12-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.491 - Unlawful Use (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.129 FS. Law Implemented
					 120.68,
					 373.083(1),
					 373.085,
					 373.086
					 FS.
New 9-3-81, Formerly 16K-5.06, Amended 12-29-86, Repealed
					 9-15-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.501 - Unlawful Use and Civil Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) It
				shall be unlawful to connect with, place structures in or across, or otherwise
				make use of works or lands of the District without a Right of Way Occupancy
				Permit. The District may use any remedy available to it under Florida common
				law and statutory law and the District's rules, to remove or cause the
				unpermitted use to be removed, as well as the assessment of civil penalties
				pursuant to this rule.
(2) It shall
				be unlawful for any Permittee to violate the provisions of Chapter 373, F.S.,
				and Chapter 40E-6, F.A.C., or the terms and conditions of a Right of Way
				Occupancy Permit. The District shall use any remedy available to it under
				Florida common law and statutory law and the District's rules, to remove or
				cause the unpermitted use to be removed, as well as the assessment of civil
				penalties pursuant to this rule. The District shall, in furtherance of the
				purposes of Chapter 373, F.S., allow the permitted use to be brought into
				compliance with the permit by means of a permit modification if the unlawful
				use complies with the criteria set forth in Rule
				 40E-6.091, F.A.C.
(3) Damage to works or lands of the District
				resulting from the violations specified in subsections (1) and (2), above,
				shall, within the timeframes and in a manner consistent with the District's
				requirements, be repaired by the violator to the satisfaction of the District,
				however, the District reserves the right to make any and all necessary repairs,
				the full cost of which shall be the responsibility of the violator.
(4) Violators shall be responsible for
				payment of civil penalties up to $10, 000.00 per day, per violation, pursuant
				to Section  373.129, F.S., investigative
				costs and the District's attorney's fees (including appeals).
(5) Factors considered in the assessment of
				civil penalties shall be:
(a) Habitual
				violator;
(b) Threat to health,
				safety, and welfare (flooding);
(c)
				Immediacy of threat;
(d) Severity
				of impact (size of drainage basin);
(e) Potential for damage to surrounding
				property;
(f) Threat to District
				staff if self-help used
(g)
				Exposure of District to other liabilities;
(h) Environmental impact;
(i) Water quality; and
(j) Unusual
				circumstances.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.521 - Self Help

Current through Reg. 50, No. 138; July 16, 2024
(1) Unlawful uses or
				facilities placed within the works or lands of the District are subject to
				removal and restoration at the District's discretion with no guarantee of
				salvageability. In no circumstances shall the District be responsible for any
				claims or damages caused, in whole or in part, from any self help removal and
				restoration of any unlawful uses or facilities.
(2) When employing self help, the District is
				not required to provide any notice of its intended action.
(3) The District may seek to recover removal
				and restoration costs, investigative costs, and attorneys fees and costs
				(including appeals) incurred in carrying out self help done to resolve the
				unlawful use of District works and lands.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.129 FS. Law Implemented
					 373.085,
					 373.086,
					 373.603,
					 373.609,
					 373.613
					 FS.
New 9-15-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.701 - C-18 Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
In addition to the policies and purposes enumerated in Rule
				   40E-6.011, F.A.C., the C-18
				  canal right of way, downstream of the District's S-46 structure, was
				  established as a revegetation area in order to implement a policy for
				  revegetation of the C-18 canal right of way through the use of a small scale
				  land use plan. The intent of the revegetation plan ("C-18 Plan") is to restore
				  the natural river values of the northwest fork of the Loxahatchee River and
				  Limestone Creek for the benefit of all canal right of way users. The purposes
				  of the revegetation plan include maintenance of flood control protection,
				  increasing diversity and desirability of wildlife habitat, providing filtering
				  and water quality benefits, and considering the goals of adjacent
				  landowners.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 8-12-13, Formerly
					  40E-62.021.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.711 - C-18 Canal Right of Way Boundary

Current through Reg. 50, No. 138; July 16, 2024
The boundary of the C-18 canal right of way which is the
				  subject of this rule lies east of District Structure S-46 to the easterly limit
				  of the Canal right of way. The boundary is generally depicted on the map in
				  Figure 62-1. The map is for illustrative purposes only and should not be relied
				  upon for conveyances of title to real property.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 8-12-13, Formerly
					  40E-62.023.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.721 - C-18 Permits Required

Current through Reg. 50, No. 138; July 16, 2024
In addition to the requirements of Section
				   40E-6.041(1),
				  F.A.C.:
(1) An occupancy permit must
				be obtained prior to removing, maintaining, or pruning vegetation, mooring
				boats, and placing other items on, across, under, or upon District lands and
				works along the C-18 canal right of way.
(2) General Permits shall be issued for
				occupancy or uses of the C-18 right of way that are consistent with the use
				zones provided for in Rule
				 40E-6.751, F.A.C.
(3) The District shall require a standard
				right of way occupancy permit pursuant to Rule
				 40E-6.221, F.A.C., for any
				occupancy or use of the C-18 right of way which does not comply with the C-18
				revegetation plan set forth herein.
(4) Occupancy or uses of the C-18 right of
				way which are inconsistent with the use zones provided for in Rule
				 40E-6.751, F.A.C., will not be
				eligible for a general permit under these rules.
(5) All projects located within the C-18
				canal right of way which require permits pursuant to Rules
				 40E-6.041 and
				 40E-6.721, F.A.C., shall be
				constructed, altered, operated, and maintained in accordance with the standards
				and criteria specified in Rules
				 40E-6.091,
				 40E-6.201 and
				 40E-6.751, F.A.C. The most
				restrictive criteria will apply unless the applicant can demonstrate to the
				District's satisfaction through accepted methodology that the policy and
				purpose of C-18 revegetation plan will be fulfilled using alternative
				criteria.
(6) An occupancy permit
				issued pursuant to this Part is authorized to be revoked if the permitted use
				or maintenance practices are no longer consistent with the use zones specified
				in Rule  40E-6.751,
				F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 8-12-13, Formerly
					  40E-62.041,
					  40E-62.042,
					  40E-62.043,
					  40E-62.341.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.731 - C-18 Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) No permit is
				required under this Part for the improved boat docks in existence as of
				September 3, 1981, which include, but may not be limited to the boat dock
				located on lot 25.2, Figure 62-1, on the south side of the C-18 canal
				approximately 1900 feet west of Loxahatchee River Road (the Moore
				dock).
(2) The exemption provided
				in section (1) above shall be in effect for as long as the property owner on
				the established date for the C-18 revegetation plan (1-23-1990), owns and
				occupies the premises. A change in ownership or occupancy of the designated lot
				shall subject the boat dock to the requirements of the C-18
				plan.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 8-12-13, Formerly
					  40E-62.051
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.741 - C-18 Limiting Conditions

Current through Reg. 50, No. 138; July 16, 2024
All projects which have been permitted pursuant to the C-18
				  Plan shall be subject to the following limiting conditions, in addition to all
				  limiting conditions set forth in Rule
				   40E-6.381, F.A.C.:
(1) Maintenance practices or other activities
				not authorized by an occupancy permit which result in clearing or destruction
				of plant materials or modification of ground slopes or elevations shall be
				corrected by the permittee. Should the correction not be performed in a timely
				manner, the District is authorized to pursue corrective action against the
				permittee. In the event the permittee does not pursue the necessary corrective
				action, District forces may perform the work. In the event District forces
				perform the restorative work, the permittee shall be liable for the restoration
				costs.
(2) The District is
				authorized to install access control fences on District property on the C-18
				right of way at locations to be determined by the District. Access control
				fences may obstruct or eliminate the view corridor overlay zones associated
				with said fence.
(3) The District
				may modify the vegetation on District property on the C-18 right of way at
				locations to be determined by the District.
(4) The permittee shall not engage in any
				activity in the area associated with the permit which interferes with the
				District's construction, alteration, maintenance or operation of the C-18 canal
				right of way, and shall be responsible for any costs incurred by the District
				resulting from any such interference including, but not limited to:
(a) Discharging debris or aquatic weeds into
				the C-18 canal, including the renovated portions of Limestone Creek;
(b) Causing erosion or shoaling within the
				C-18 canal right of way;
(c)
				Mooring watercraft or other floating objects;
(d) Planting plants which are not included in
				the District's authorized plant list or which are not authorized by the
				permit;
(e) Placing plants in
				undesirable locations or locations not authorized by the
				permit.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.751 - C-18 Use Zones

Current through Reg. 50, No. 138; July 16, 2024
(1) The following
				sections identify and describe the eight use zones that have been established
				within the C-18 canal right of way. Three of the use zones are identified as
				overlay zones. The overlay zones occupy lands in common with the other use
				zones and further define the use regulations in the underlying zone area. The
				eight use zones are:
(a) Canal Flood
				Zone;
(b) General Wildlife Area
				Zone;
(c) Limestone Creek Shallow
				Zone;
(d) Limestone Creek
				Zone;
(e) Fire Control
				Zone;
(f) Intertidal Wet Area
				Overlay Zone;
(g) Canal Flood
				Overlay Zone; and
(h) View Corridor
				Overlay Zone. The use zones are generally depicted in Figure 1. The overlay
				zones are generally depicted in Figure 1. The following provisions identify
				uses which are consistent and inconsistent with each use
				zone.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.111 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.046,
					 373.056,
					 373.083,
					 373.084,
					 373.086,
					 373.089,
					 373.099,
					 373.103,
					 373.139,
					 373.59,
					 73.74
					 FS.
New 7-18-82, Amended 8-14-88, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.121 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.019,
					 373.046,
					 373.056,
					 373.083,
					 373.084,
					 373.086,
					 373.089,
					 373.099,
					 373.103,
					 373.139,
					 373.59,
					 73.74
					 FS.
New 7-18-82, Amended 8-14-88, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.131 - Selection of Lands - Five Year Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.139,
					 373.59
					 FS.
New 7-18-82, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.141 - Acquisition Procedures - Negotiations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.056,
					 373.083,
					 373.086,
					 373.099,
					 373.103,
					 373.139,
					 373.59
					 FS.
New 7-18-82, Amended 8-14-88, 5-27-90, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.151 - Acquisition Procedures - Condemnation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.59, 73.011-.161, 74.011-.121 FS.
New 7-18-82, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.161 - Surveys (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.083,
					 373.139,
					 373.59
					 FS.
New 7-18-82, Amended 5-27-90, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.171 - Appraisals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 287.055(3)(d),
					 373.044,
					 373.113 FS. Law Implemented
					 287.055,
					 373.083(1)
					 FS.
New 9-3-81, Formerly 16K-1.18, Amended 10-19-87, 2-18-90,
					 Repealed by Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.181 - Funding (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.056,
					 373.083,
					 373.086,
					 373.099,
					 373.103,
					 373.139,
					 373.59
					 FS.
New 7-18-82, Amended 8-14-88, Repealed
					 7-2-98.