Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40E - South Florida Water Management District
Chapter 40E-61 - NORTHERN EVERGLADES BASINS
Part I - LAKE OKEECHOBEE DRAINAGE BASIN
Section 40E-61.290 - Remedial Action

Universal Citation: FL Admin Code R 40E-61.290

Current through Reg. 50, No. 187; September 24, 2024

The District shall have all remedies available to it under Florida law, pursuant to Chapter 373, F.S., and the rules adopted thereunder to enforce compliance with this chapter. Compliance includes adherence to the rules in this chapter, such as implementation of the approved WQMP and timely submittal of required reports.

(1) If the District determines a nonpoint source discharger is not adhering to the rules in this chapter:

(a) The nonpoint source discharger will be subject to enforcement actions by the District upon written notice of non-compliance.

(b) All nonpoint source dischargers shall respond in writing to a notice of monitoring plan non-compliance from the District within 30 days of the date of the notice. The response must provide a plan that includes a schedule for achieving compliance with the rules within 90 days of the date of the District's notice. An extension may be approved by the District with justification based on the scope of the proposed activities. The plan may require submittal of a WQMP modification as described in Rule 40E-61.260, F.A.C.

(2) After 3 years of monitoring, if it is demonstrated that a nonpoint source discharger does not attain the water quality criteria for the parameters addressed by the BMAP based on the data collected under an approved WQMP or other District-collected data, the nonpoint source discharger shall implement appropriate BMPs or other measures as established under the applicable BMAP, and the District may refer the nonpoint source discharger to FDEP for enforcement.

Rulemaking Authority 373.044, 373.113, 373.4595 FS. Law Implemented 373.4595, 403.067 FS.

New 4-11-21.

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