EVERGLADES PROGRAM

When used in this chapter: (1) "Best Management Practice (BMP) Plan" means the plan required by subsection 40E-63.136(1), F.A.C. (2) "EAA Basin" means the entire EAA, which is described in subsection 40E-63.104(2), F.A.C. (Boundaries). (3) "Everglades Agricultural Area Environmen…

(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 incor…

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…

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…

(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 …

(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 …

(1) Individual Permits are required for all structures which discharge or release water to one of 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), unless granted a general permit or included in a…

Applications for Individual Permits shall contain all the following: (1) Date and signature of the owner or entity responsible for operating all control structures that discharge to District primary canals and of owners of all parcels included in the permit application. (2) A cle…

The following permit application processing fees shall be paid to the District at the time the following actions on Individual Permits are filed. (1) For new applications for Individual Permits: a minimum fee of $1,880, plus $1.50 per acre for each acre above 320 acres in size, w…

In order to obtain a permit under Part I of this chapter, an applicant must satisfy all the following conditions: (1) Submit and implement a BMP Plan which includes: (a) A description of Best Management Practice implementation and operation; (b) A description of Best Management P…

(1) Individual Permits issued pursuant to Part I of this chapter remain effective until January 1, 1997. The duration of renewals of or modifications to Individual Permits issued pursuant to Part I of this chapter will be specified by the District as a permit condition in the ren…

A permittee may apply for a modification to an Individual Permit issued under Part I of this chapter by submitting the same information required for new applications, unless the permit has expired or has been otherwise revoked or suspended and provided the permit is in compliance…

The Governing Board delegates to and appoints the Executive Director, Deputy Executive Director, Water Resource Regulation Department Director, Water Resource Regulation Deputy Department Director, Everglades Regulation Director and Service Center Directors, as its agents to revi…

A permittee and prospective owner must notify the District within 30 days of any transfer of interest or control, sale or conveyance of real property or works permitted under Part I of this chapter. The permittee/seller shall notify the District of the transfer using Form 0779, S…

(1) The Board shall impose on any Individual Permit granted under Part I of this chapter such reasonable conditions as are necessary to assure that the permitted discharge will be consistent with the overall objectives of the District and will not be harmful to the water resource…

(1) The District shall begin reviewing compliance with permit application requirements by parcel owners in the EAA Basin no later than September 1, 1992. Parcel owners who are not in compliance with permit application due dates are subject to immediate enforcement action by the D…

(1) A Master Permit application may be submitted for lands which: (a) Meet the responsibility requirements specified in paragraph 40E-63.156(1)(b), F.A.C., below; and (b) Are either contiguous, have interconnected drainage systems or propose coordinated BMP Plans. (2) Application…

Applications for Master Permits shall contain the following: (1) Date and signature of the applicant entity or group of owners submitting the application; (2) All information required by subsections 40E-63.132(2), (3), (4), (5), (6) and (7), F.A.C. (Content of Application for Ind…

The following permit application processing fees shall be paid to the District at the time the following actions on Master Permits are filed. (1) For new applications for a Master Permit: a minimum fee of $1,880, plus $1.50 per acre for each acre above 320 acres in size, with a t…

(1) In order to obtain a permit under Part I of this Chapter, an applicant must satisfy all the following conditions: (a) The permittee shall comply with all conditions required by subsections 40E-63.136(1), (2) and (3), F.A.C. (Conditions for Issuance of Individual Permits in th…

(1) Master Permits issued pursuant to Part I of this chapter remain effective until January 1, 1997. The duration of or modifications to Master Permits issued pursuant to Part I of this chapter will be specified by the District as a permit condition in the renewal or modification…

A permittee may apply for a modification to a Master Permit issued under Part I of this chapter by submitting the same information required for new applications, unless the permit has expired or has been otherwise revoked or suspended and provided the permit is in compliance with…

The Governing Board delegates to and appoints the Executive Director, Deputy Executive Director, Water Resource Regulation Department Director, Water Resource Regulation Deputy Department Director, Everglades Regulation Director and Service Center Directors, as its agents to revi…

A permittee and prospective owner must notify the District within 30 days of any transfer of interest or control, sale or conveyance of real property or works permitted under Part I of this chapter. The permittee/seller shall notify the District of the transfer using Form 0779, S…

(1) The Board shall impose on any Master Permit granted under Part I of this chapter such reasonable conditions as are necessary to assure that the permitted discharge will be consistent with the overall objectives of the District and will not be harmful to the water resources of…

The provisions of Rule 40E-63.145, F.A.C., (Compliance and Enforcement of Individual Permits in the EAA Basin) apply to the compliance and enforcement of Master Permits issued pursuant to Part I of this chapter. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 3…

(1) The 1994 Everglades Forever Act (Section 373.4592, F.S.) requires the District to amend Chapter 40E-63, F.A.C., to establish requirements of Everglades Agricultural Area (EAA) landowners to sponsor through the EAA Environmental Protection District (EAA-EPD) or otherwise and i…

(1) A master permit (on behalf of EAA landowners) to sponsor and conduct a program of BMP research, testing and implementation must be obtained by the EAA-EPD or its successor interests. (2) If a notice of intent to issue a master permit has not been issued to the EAA-EPD or its …

A master permit constituting compliance with the rules adopted pursuant to Section 373.4592(4)(f)2., F.S., is hereby granted by the District to landowners identified in subsection 40E-61.041(4), Rules 40E-63.130 and 40E-63.150, F.A.C., provided that a scope-of-work addressing a p…

In order to qualify for the no-notice master permit provided for in Rule 40E-63.305, F.A.C., the EAA-EPD must satisfy all the following conditions: (1)(a) Submit and implement a scope-of-work which addresses the following elements: 1. The current EAA-EPD sponsored farm-scale rese…

(1) The master permit granted by this rule may be transferred to another entity. (2) To transfer the master permit, the proposed transferee must submit a written request to transfer the master permit. This request shall be submitted to the South Florida Water Management District,…

The master permit issued pursuant to this Part shall expire 5 years from issuance. The duration of renewals or modifications to the master permit issued pursuant to this Part will be for five year terms. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.4592(4)(f) FS.…

The master permit shall be subject to the following conditions subsections (1)-(9): (1) All field sampling required as part of this research shall be collected according to an approved FDEP Comprehensive Quality Assurance Plan as specified in subsection 40E-63.310(2), F.A.C. (2) …

If a master permit for BMP research is not obtained by August 1, 1997, or if conditions of the master permit are not met, all landowners identified in subsection 40E-61.041(4), Rules 40E-63.130 and 40E-63.150, F.A.C., shall be required to modify their Works of the District (WOD) …

The applications for modification of WOD permits, referenced under Rule 40E-63.320, F.A.C., shall contain all applicable requirements listed under Rule 40E-63.310, F.A.C. Application for the modifications to WOD permits, issued pursuant to Part I of Chapters 40E-61 and 40E-63, F.…

All conditions listed under Rule 40E-63.314, F.A.C., shall be included in each modified permit referenced under Rule 40E-63.320, F.A.C. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.4592(4)(f) FS. History-New 1-1-97, Amended 6-30-97. PART IV EVERGLADES PROGRAM: C-…

(1) This part of Chapter 40E-63, F.A.C., implements requirements of the Everglades Forever Act (EFA), Sections 373.4592(4)(f)5. and 6., F.S., for the C-139 Basin, and also provides a regulatory process for landowners whose water management systems connect with and make use of the…

(1) For the purposes of this part of Chapter 40E-63, F.A.C., the Works of the District for the C-139 Basin include water control structures, right-of-ways, canals, and other water resources that the South Florida Water Management District owns, operates and controls, and that hav…

(1) "Best Management Practice (BMP)" means a practice or combination of practices determined by the District, in cooperation with the Department of Environmental Protection (Department) and FDACS, based on research, field testing, and expert review, to be the most effective and p…

The documents listed in subsections (1) through (9) are incorporated by reference throughout this part of Chapter 40E-63, F.A.C., and are available on the District's website (www.sfwmd.gov/rules), or from the South Florida Water Management District Clerk, 3301 Gun Club Road, West…

(1) The Governing Board delegates to and appoints the Executive Director and his or her designated agents to review and take final action on BMP Plan pre-approvals and applications for permits issued under Chapter 40E-63, F.A.C., including the addition of special conditions as ne…

Any landowner in the C-139 Basin, as described in EFA, Section 373.4592(16), F.S., may submit evidence to the District demonstrating that the water discharged from such property does not use the Works of the District within the C-139 Basin and request a written waiver from the re…

(1) No Notice General Permits for Use of Works of the District within the C-139 Basin are hereby granted to the landowners of parcels of land that connect to or make use of the Works of the District within the C-139 Basin, subject to the requirements of this part of Chapter 40E-6…

(1) For entities required to obtain a General Permit, a BMP Plan shall be submitted to the District within 30 days after the effective date of this part of Chapter 40E-63, F.A.C. Failure to provide a complete BMP Plan within 30 days from the effective date of this part of Chapter…

(1) A General Permit is required for parcels of land that connect to or make use of the Works of the District within the C-139 Basin that have not been issued a waiver pursuant to Rule 40E-63.410, F.A.C., or do not qualify for a No Notice General Permit pursuant to Rule 40E-63.41…

In order to obtain a General Permit, applicants shall submit a BMP Plan that includes a multi-level approach to implementation and operation for each crop or land use within each permit basin. A BMP Plan shall take into account site-specific conditions, potential phosphorus sourc…

Applicants who propose to satisfy the water quality requirements of this part of Chapter 40E-63, F.A.C., by employing a BMP Plan other than those described in subsections 40E-63.435(1) and (2), F.A.C., may seek approval for an equivalent alternative through the District permit pr…