Current through Reg. 50, No. 187; September 24, 2024
In order to qualify for the no-notice master permit
provided for in Rule 40E-63.305, F.A.C., the EAA-EPD
must satisfy all the following conditions:
(1)
(a)
Submit and implement a scope-of-work which addresses the following elements:
1. The current EAA-EPD sponsored farm-scale
research to be conducted at ten farms (or other locations throughout the EAA
representative in sufficient number to reflect soil and crop types and other
factors that influence BMP design and effectiveness) for verification of BMP
effectiveness to reduce total phosphorus discharged shall continue.
2. In recognition that substantial
particulate matter such as sediments are being discharged from farms, given
that published University of Florida Institute of Food and Agricultural
Services data has demonstrated that particulate phosphorus constitutes a
significant portion of total phosphorus, the farm-scale research pursuant to
subparagraph 1. shall be expanded to include the development, testing, and
implementation of BMPs for reducing discharge of particulate phosphorus (i.e.,
sedimentation basins).
3. The
farm-scale research pursuant to subparagraph 1. shall be expanded to include
monitoring for specific conductance at all points where total phosphorus is
currently being monitored. The expanded research program shall include the
development, testing and implementation of BMPs to address reduction of
specific conductance.
4. The
organic pesticides Atrazine and Ametryn shall continue to be monitored as per
conditions of the FDEP Operating Permit for the Everglades Nutrient Removal
(ENR) Project. The monitoring is conducted quarterly at the ENR inflow and
outflow pump stations. The outflow station quarterly sample will be taken on a
28 day lag from the inflow sampling time to account for hydraulic detention
within the ENR. A control monitoring point within the L-7 perimeter canal will
be sampled on the same schedule as the outflow station. The District and the
EAA-EPD shall cost share equally the laboratory analysis for the organic
pesticides Atrazine and Ametryn. Any modification to the FDEP Operating Permit
for the ENR concerning sampling and analysis of these parameters shall require
a modification to the program scope-of-work pursuant to subsection
40E-63.310(6),
F.A.C.
5. A proactive BMP program
focused on the prevention of the misapplication of pesticides throughout the
EAA shall be developed and implemented. The program shall include an annual
continuing education program for all pesticide applicators which will focus on
the prevention of misapplication of pesticides in field ditches, laterals, farm
canals, drainage district main canals, and District canals and
waterways.
6. A schedule for
implementing the scope-of-work shall require the program elements to be
implemented no later than 6 months following District approval of the program
scope-of-work.
(b) The
scope-of-work shall be approved by the District if it provides reasonable
assurance that the program of BMP research, testing, and implementation meets
the requirements of subparagraphs 1.-6. above.
(2) The applicant is advised that standard
research protocol requires an approved Florida Department of Environmental
Protection (FDEP) Comprehensive Quality Assurance (Comp QA) Plan for collection
of field samples. As such, an approved FDEP Comp QA Plan for all parameters
specified in subparagraphs
40E-63.310(1)(a)
1.-3., F.A.C., must be obtained by the entity collecting samples prior to
initiation of field sample collection. Submit a copy of the approved FDEP Comp
QA Plan obtained by the entity who will be conducting field sample
collection.
(3) Submit verification
of laboratory certification as required by Section
403.0625, F.S., of the
laboratory to be used to perform the chemical analyses on the samples. The
certification must cover analysis of water quality parameters specified in
subparagraphs 40E-63.310(1)(a)
1.-3., F.A.C.
(4) All data being
collected as part of the farm-scale research pursuant to subparagraph 1. shall
be maintained by the EAA-EPD in a database format for all parties to access and
review upon request.
(5) Reports on
the status of the EAA-EPD or its successor interests sponsored program of BMP
research, testing, & implementation pursuant to subparagraphs
40E-63.310(1)(a)
1.-6., F.A.C., shall be submitted according to a schedule provided in the
District approved scope-of-work summarizing program data results, conclusions,
milestones, and accomplishments.
(6) The program scope-of-work shall be
submitted for District review by January 1, 1997. The District shall take final
agency action to approve or deny the program scope-of-work pursuant to this
chapter not later than July 31, 1997. The District will conduct an annual
public workshop for presentation and discussion of an update of the scope of
work, including any application for modification. An annual formal
scope-of-work review shall be conducted as a public workshop. Written request
for modification to the scope-of-work may be presented and submitted at that
time. The District will receive comments from all persons at the public
workshop and provide a written determination on the scope-of-work modification
within 60 days of the workshop held pursuant to this subsection. The District
will approve the modification if the request provides reasonable assurance that
the provisions of Section 373.4592(4)(f)2., F.S., will be met.
(7) All information required in subsections
(1) through (6) shall be submitted to the South Florida Water Management
District, Environmental Resource Permitting Division, 3301 Gun Club Road, West
Palm Beach, Florida 33406, Attention: Everglades Regulation Division.
(a) District staff shall notify the EAA-EPD
or its successor interests in writing via regular mail of its decision to
approve or deny the master permit based upon the EAA-EPD's compliance with
subsections (1) through (6).
(b)
District staff's decision to approve or deny the master permit shall constitute
final agency action. If the District's decision is to deny the master permit,
the EAA-EPD may, at any time thereafter, request a hearing to address the
Governing Board regarding the District staff's decision. This request shall be
submitted to the South Florida Water Management District, 3301 Gun Club Road,
West Palm Beach, Florida 33406, Attention: Everglades Regulation
Division.
(c) Immediately upon
receipt of a request pursuant to subsection (b), District staff shall schedule
consideration of this matter by the Governing Board at its next available,
regularly scheduled meeting.
(d)
The applicant shall be notified of the date and time of this meeting - or any
subsequent meeting if final agency action is not taken - via regular mail to be
received by the applicant at least 7 days in advance of the Governing Board
meeting.
Rulemaking Authority
373.044,
373.113 FS. Law Implemented
373.4592(4)(f)
FS.
New 1-1-97, Amended 6-30-97,
7-3-01.
