8799663, 40E-63.400 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8799663

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

EVERGLADES PROGRAM

Overview

RULE:

40E-63.400	Purpose and Policy
40E-63.401	Scope of Program
40E-63.402	Definitions
40E-63.404	Forms, Instructions and References
40E-63.406	Delegation
40E-63.415	No Notice General Permits
40E-63.420	BMP Plan Pre-approvals
40E-63.430	General Permit Applications
40E-63.432	Permit Modifications, Transfers and Renewals (Repealed)
40E-63.434	Permit Duration (Repealed)
40E-63.435	BMP Plans
40E-63.436	Permit Application Processing Fees (Repealed)
40E-63.437	Alternative BMP Plans
40E-63.438	Early Implementation of Water Quality Improvement Activities
40E-63.439	Permit Modifications, Transfers and Renewals
40E-63.440	General Permit Application Requirements in the C-139 Basin (Repealed)
40E-63.441	Permit Duration
40E-63.442	Basis for Issuance of General Permits in the C-139 Basin (Repealed)
40E-63.443	Permit Application Processing Fees
40E-63.444	Limiting Conditions for General Permits in the C-139 Basin
40E-63.446	C-139 Basin Compliance
40E-63.450	Individual Permit Application Requirements in the C-139 Basin (Repealed)
40E-63.452	Basis for Issuance of Individual Permits in the C-139 Basin (Repealed)
40E-63.454	Limiting Conditions for Individual Permits in the C-139 Basin (Repealed)
40E-63.456	Optional Discharge Monitoring Program (Repealed)
40E-63.458	Limiting Conditions for the Optional Discharge Monitoring Program (Repealed)
40E-63.460	C-139 Basin Compliance (Repealed)
40E-63.461	C-139 Basin Permit Compliance
40E-63.462	Permit Basin Discharge Monitoring Program
40E-63.464	Limiting Conditions for the Permit Basin Discharge Monitoring Program
40E-63.470	C-139 Basin Works of the District Permit Compliance (Repealed)

PURPOSE:

Pursuant to paragraph 40E-63.460(3)(d), F.A.C., the South Florida Water Management District is required to revise Part IV of Chapter 40E-63, F.A.C., to ensure that the objectives of the Everglades Forever Act, Section 373.4592(4)(f)5., F.S., are met if the District determines that the C-139 Basin has not achieved the rule-required phosphorus levels for the fourth time. The C-139 Basin has been out of compliance for at least four water years.

SUMMARY:

The proposed rule amendments require landowners whose water management systems discharge into Works of the District within the C-139 Basin, as described in the rule, to implement best management practices (BMPs) to reduce and control phosphorus discharges from the basin. The BMPs will take into account site-specific conditions, potential phosphorus sources, primary phosphorus species, and transport mechanisms based on available data. This will ensure a thorough and consistent approach to implementation and maintenance. The proposed amendments also enhance the compliance methodology to more accurately reflect the conditions in the C-139 Basin, and if required, establish remedial actions if the basin does not achieve compliance with the phosphorus performance measures in the future.

RULEMAKING AUTHORITY:

373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS.

LAW:

373.085, 373.4592 FS.

PRINT PUBLISH DATE:

7/2/2010 Vol. 36/26

COMMENTS:

From 7/2/2010 To 7/23/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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