Current through Reg. 50, No. 187; September 24, 2024
(1) The following systems located wholly or
partially in the Econlockhatchee River Hydrologic Basin are exempted from the
standards and criteria in subsection
40C-41.063(5),
F.A.C., and section 13.4, "Environmental Resource Permit Applicant's Handbook,
Volume II: For Use Within the Geographic Limits of the St. Johns River Water
Management District", as incorporated by reference in subsection
40C-41.043(5),
F.A.C.:
(a) Each system for which the
District has issued a general or individual permit, pursuant to Chapter 40C-4
or 40C-40, F.A.C., prior to April 3, 1991. The benefit conferred by this
subsection shall apply only to the project area and the plan, as approved in
the referenced permit.
(b) Each
system for which the District has issued a permit pursuant to Chapter 40C-42,
F.A.C., prior to September 1, 1990, and for which construction has begun prior
to March 1, 1991, pursuant to the referenced permit. The benefit conferred by
this subsection shall apply only to a system which did not require a permit
pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to April 3, 1991 and only to
the project area and the plan, as approved in the referenced permit.
(c) Each system for which the District has
issued a permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to September
1, 1989, authorizing construction of a master system for drainage and flood
control. The benefit conferred by this subsection shall apply only to the
project area served by the master system and to the plan, as approved in the
referenced permit.
(d) Each system
for which the District has issued, pursuant to Chapter 40C-4, F.A.C., and prior
to September 1, 1989, both a conceptual approval permit and at least one permit
authorizing construction consistent with the conceptual approval permit. The
benefit conferred by this subsection shall apply only to the project area and
plan approved in the referenced conceptual approval permit.
(e) Each system which consists of an
improvement to an existing public road which will be constructed by a
governmental entity provided the governmental entity:
1. Has monetary funds fully allocated or
appropriated for that system; and
2. Has filed an eminent domain action in an
appropriate court, as of June 1, 1991, seeking to condemn land wholly or
partially located within the Econlockhatchee River Hydrologic Basin to be used
for the construction of the system; and
3. Has a construction design for such system
which is 90% complete as of April 3, 1991; and
4. Files a conceptual approval, general or
individual permit application with the District for such system on or before
June 1, 1991, which application is not subsequently withdrawn and which
contains the factual information necessary to establish that the system meets
the conditions contained in this subsection.
(f) A permitholder for a system which meets
the conditions described in paragraphs (a)-(d), who has complied with all
permit conditions regarding the system, and who asserts that the system can
qualify for an exemption under this section shall notify the District in
writing prior to June 1, 1991. The notification shall contain the name of the
project, the District permit number(s) for the project, all factual information
necessary to establish that the system meets the referenced conditions and
permit conditions, and a clear statement that an exemption pursuant to this
section is sought. The failure to timely and fully notify the District serves
as a waiver of the benefits conferred by this section. When the District
receives the permitholder's notification, the District staff will review the
submitted information for consistency with the provisions of this section and
will inspect the permitted project for compliance with permit conditions. If
the notification meets the requirements of this section and the permitholder
has complied with all of the permit conditions, the staff will respond in
writing to the permitholder confirming that they have qualified for the
benefits conferred by this section. If the staff finds that the notification
fails to meet the requirements of this section or that any of the permit
conditions have not been complied with, the staff will respond in writing to
the permitholder, notifying them that they have not qualified for the benefits
conferred by this section.
(2) A single family dwelling unit located
wholly or partially within the Tomoka River Hydrologic Basin or the Spruce
Creek Hydrologic Basin, provided the unit is not part of a larger common plan
of development or sale, is exempted from the standards and criteria in
subsection 40C-41.063(6),
F.A.C., and section 13.5, "Environmental Resource Permit Applicant's Handbook,
Volume II: For Use Within the Geographic Limits of the St. Johns River Water
Management District", as incorporated by reference in subsection
40C-41.043(5),
F.A.C.
(3) Stormwater management
systems exempted in Rule
62-330.051, F.A.C., which are
either located wholly or partially within the Lake Apopka Hydrologic Basin or
which discharge water to Lake Apopka or its tributaries, are exempted from the
standards and criteria in subsection
40C-41.063(8),
F.A.C.
(4) Systems that qualify for
a general permit under Part IV of Chapter 62-330, F.A.C., are exempted from the
standards and criteria in Rule
40C-41.063, F.A.C., and Sections
13.0 - 13.7, "Environmental Resource Permit Applicant's Handbook, Volume II:
For Use Within the Geographic Limits of the St. Johns River Water Management
District", as incorporated by reference in subsection
40C-41.043(5),
F.A.C.
Rulemaking Authority
373.044,
373.113,
373.171,
373.413 1 FS. Law Implemented
373.413,
373.4131,
373.416,
373.426,
373.461 FS.
New 4-3-91, Amended 11-25-98, 3-7-03,
10-1-13.
