Current through Reg. 50, No. 249, December 24, 2024
(1)
(a) To obtain an individual environmental
resource permit for operation, maintenance, removal or abandonment of an
agricultural system each applicant must give reasonable assurance that such
activity will not:
1. Endanger life, health,
or property;
2. Be inconsistent
with the maintenance of minimum flows and levels established pursuant to
chapter 40C-8, F.A.C.
3. Cause
significant adverse effects to the availability of water for reasonable
beneficial purposes;
4. Be
incapable of being effectively operated;
5. Cause significant adverse effects to the
operation of a Work of the District established pursuant to section
373.086, F.S.;
6. Cause significant adverse effects to
existing agricultural, commercial, industrial, or residential
developments;
7. Cause significant
adverse impacts to the quality of receiving waters;
8. Cause significant adverse effects to
natural resources, fish and wildlife;
9. Increase the potential for damages to
off-site property or the public caused by:
a.
Floodplain development, encroachment or other alteration;
b. Retardance, acceleration, displacement or
diversion of surface water;
c.
Reduction of natural water storage areas;
10. Increase the potential for flood damages
to residences, public buildings, or proposed and existing streets and roadways;
and
11. Otherwise be inconsistent
with the overall objectives of the District as set forth in Section 18.0 of the
"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-44.091(1),
F.A.C.
(b) Because a
system may result in both beneficial and harmful effects in terms of various
individual objectives, in determining whether the applicant has provided
evidence of reasonable assurance of compliance with paragraph (1)(a), above,
the District shall consider a balancing of specific effects to show the system
is not inconsistent with the overall objectives of the
District.
(2)
(a) To obtain an individual environmental
resource permit for construction, alteration, operation, or maintenance of an
agricultural system, each applicant must give reasonable assurance that such
activity is not harmful to the water resources by meeting the following
standards:
1. Significant adverse water
quantity impacts will not be caused to receiving waters and adjacent
lands;
2. Surface and ground water
levels and surface water flow will not be significantly adversely
affected;
3. Existing surface water
storage and conveyance capabilities will not be significantly adversely
affected;
4. The system must be
capable of being effectively operated;
5. The activity must not result in
significant adverse impacts to the operation of Works of the District
established pursuant to section
373.086, F.S.; and
6. Hydrologically-related environmental
functions will not be significantly adversely affected;
(b) If the applicant has provided reasonable
assurance that the design criteria specified in the "Environmental Resource
Permit Applicant's Handbook, Volume II: For Use Within The Geographic Limits of
the St. Johns River Water Management District, " Part VII, Subpart B "Criteria
for Evaluation" adopted by reference in subsection
40C-44.091(1),
F.A.C., have been met, then it is presumed that the standards contained in
paragraph (2)(a), above, have been satisfied.
(3) Existing systems which are required to
obtain a permit pursuant to this chapter are presumed to satisfy the conditions
for issuance in subsections (1) and (2) above provided the information
requested on the appropriate application form, pursuant to rule
40C-44.101(2),
F.A.C., is submitted and the applicant demonstrates compliance with the
performance standards of rule
40C-44.065, F.A.C. If available
information indicates that the operation and maintenance of the system is
inconsistent with the conditions for issuance in subsections (1) and (2),
above, the District shall require additional information which demonstrates
that the existing system is in compliance with the performance standards of
rule 40C-44.065,
F.A.C.
Rulemaking Authority
373.016,
373.044,
373.113,
373.171,
373.406,
373.416,
373.418 FS. Law Implemented
373.016,
373.409,
373.4131,
373.416,
373.418 FS.
New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95, 10-1-13,
6-1-18.
