Current through Reg. 50, No. 187; September 24, 2024
(1) Unless
expressly exempt by Section
373.406, F.S. or Rule
62-330.051 or
40C-44.051, F.A.C., a permit is
required under this chapter for the maintenance and operation of existing
agricultural surface water management systems which serve an agricultural
operation as described in paragraph (a) or (b) below.
(a) An individual environmental resource
permit is required for the maintenance and operation of existing agricultural
surface water management systems which incorporate pumped discharges from
stationary or portable facilities as part of the surface water management
system and which have pumps with a capacity, either individually or
cumulatively, of 10, 000 gallons per minute (GPM) or greater. The pump operator
or person in control of the pump is required to obtain the maintenance and
operation permit.
(b) Case by case
designation. Notwithstanding any other provision of this section, the District
shall require that an agricultural operation, including pumped or
gravity-drained systems, obtain an individual environmental resource permit for
an agricultural system pursuant to this chapter or modification of a permit
issued pursuant to Chapter 62-330, F.A.C., if it causes or contributes to a
violation of state water quality standards within waters of the state. In
determining whether an individual permit is required under these circumstances,
the District will consider the following information:
1. Water quality monitoring data collected by
the District or other agency;
2.
The size of the agricultural operation and the amount of stormwater and
associated wastewater reaching waters of the state, relative to the size and
nature of the immediate drainage basin;
3. The means of conveyance of stormwater and
associated wastewater to waters of the state;
4. Characteristics of the site including the
slope, vegetation, rainfall, and other factors relating to the likelihood or
frequency of discharge of stormwater and associated wastewater to waters of the
state;
5. The status, results and
recommendations of available basin-specific studies, including those conducted
as part of a Surface Water Improvement and Management Plan or pursuant to
Chapter 62-40, F.A.C.;
6. The
existence of mixing zones, variances or site-specific alternative criteria
granted by the Department of Environmental Protection pursuant to Chapters 62-4
and 62-302, F.A.C.; and
(2) Unless expressly exempt by Section
373.406, F.S. or Rule
62-330.051 or
40C-44.051, F.A.C., or
authorized under Section
403.814(12),
F.S., an environmental resource permit must be obtained for the construction,
maintenance and operation of new agricultural surface water management systems,
or alteration of existing systems, which:
(a)
Drain an agricultural area greater than 2 acres;
(b) Are below thresholds described in
paragraphs 62-330.020(2)(a) and
(e), F.A.C.;
(c) Serve a project with a total land area
less than 40 acres; and
(d) Do not
provide for the placement of 12 or more acres of impervious surface that
constitutes 40 or more percent of the total land
area.
Rulemaking Authority
373.044,
373.113,
373.171,
373.406,
373.416,
373.418 FS. Law Implemented
373.409,
373.413,
373.416,
373.418 FS.
New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95,
10-1-13.
