Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40E - South Florida Water Management District
Chapter 40E-63 - EVERGLADES PROGRAM
Part IV - EVERGLADES PROGRAM: C-139 BASIN
Section 40E-63.415 - No Notice General Permits

Universal Citation: FL Admin Code R 40E-63.415

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

(1) No Notice General Permits for Use of Works of the District within the C-139 Basin are hereby granted to the landowners of parcels of land that connect to or make use of the Works of the District within the C-139 Basin, subject to the requirements of this part of Chapter 40E-63, F.A.C., including paragraphs 40E-63.444(1)(d), (g), (h), (i), (j), (l), (m), (r), (s), (t) and (u), F.A.C., and the conditions specified below:

(a) The parcel is not part of the common facilities of a water management system as defined in subsection 40E-63.402(15), F.A.C., of water control districts or drainage districts pursuant to Chapter 298, F.S., or any other entity operating a central drainage system already permitted under Chapter 373, F.S.;

(b) The parcels are inactive, or add up to less than 40 acres under the same ownership. "Inactive" means land parcels that are not used for agriculture, urban, commercial, industrial or other development, as determined by the District. It also includes lands in their undeveloped native state (unless used as pastures). Lands may be determined by the District as temporarily inactive if they are not operated or are vacant due to changes in ownership or land use. The District's determination applies only to the requirements of this part of Chapter 40E-63, F.A.C.;

(c) The following BMPs are implemented by the landowner, lessees, and operators, if applicable, and the property must be made available for inspection by District staff or other delegated agents after notice:
1. Phosphorus is only applied to correct phosphorus deficiencies based on soil testing or tissue testing, or for turf and landscape areas, phosphorus is only applied to meet initial establishment and growth needs (fertilizer composition less than 2% for an application rate not to exceed 0.25 lbs P2O5/1000 ft2 per application, nor exceed 0.50 lbs P2O5/1000 ft2 per year.);

2. Fertilizer or other soil amendments containing phosphorus are not applied within 10 feet of any pond, stream, lake, water course, or any designated wetland;

3. Spill prevention practices for nutrients are implemented; and

4. Runoff is managed in accordance with surface water or environmental resource permits, if applicable.

(2) No Notice General Permits within the C-139 Basin granted upon adoption of part of Chapter 40E-63, F.A.C., remain effective for 5 year periods and shall be automatically renewed unless the District notifies a permittee in writing that the permit is revoked.

(3) No Notice General Permits granted upon adoption of this part of Chapter 40E-63, F.A.C., do not relieve the permittee of the responsibility to comply with all other laws or regulations applicable to the use of or discharges from the parcel.

(4) Landowners meeting the foregoing shall not be obligated to submit a permit application or application fee.

(5) Notwithstanding the foregoing, the District shall require the submission of applications for General Permits from No Notice General Permit holders if the District determines that the property exceeds its proportional share of phosphorus loading based on representative water quality data for the property, as determined in Appendix B3.1. (incorporated by reference in paragraph 40E-63.446(2)(a), F.A.C.). Notice of the requirement shall be provided to parcel owners in writing. Applications for new General Permits shall be submitted to the District within 45 days from the date of the notice.

Rulemaking Authority 373.044, 373.113, 373.4592 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592(4)(f) FS.

New 1-24-02, Amended 11-9-10.

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