Current through Reg. 50, No. 187; September 24, 2024
Applicants who propose to satisfy the water quality
requirements of this part of Chapter 40E-63, F.A.C., by employing a BMP Plan
other than those described in subsections
40E-63.435(1) and
(2), F.A.C., may seek approval for an
equivalent alternative through the District permit process. The applicant shall
provide reasonable assurance, through the information required below and the
requirements indicated in subsections
40E-63.435(3), (4), (5) and
(6), F.A.C., that the alternative contains
the equivalent or greater phosphorus reduction effectiveness of a 35-point BMP
Plan. A BMP Plan shall take into account site-specific conditions, potential
phosphorus sources, primary phosphorus species, and transport mechanisms; and
ensure that a thorough approach to implementation and maintenance will be
implemented. In order to seek approval of an alternative BMP Plan, applicants
must submit the information specified for the applicable alternative as part of
the permit application process.
(1)
Alternative Type BMP. If an applicant proposes BMPs not listed in Appendix B1
(incorporated by reference in subsection
40E-63.435(1),
F.A.C.), the application shall also include the following information for
District approval:
(a) A description of the
best management practice rationale for the BMP selected;
(b) A detailed explanation of the proposed
BMP;
(c) A schedule for
implementation of the BMP;
(d)
Sample documentation of the BMP implementation, how the BMP will be
verified;
(e) Technical basis for
the reduction effectiveness of the proposed BMP. The applicant shall be
required to demonstrate effectiveness through a proposed monitoring program or
through representative technical references including modeling results approved
by the District. If approved, the District will determine the appropriate BMP
equivalent point credit consistent with Appendix B1 (incorporated by reference
in subsection 40E-63.435(1),
F.A.C.).
(2) Alternative
BMP Points per Category. If the BMP Plan does not meet the minimum number of
equivalent points per BMP category as required in subsection
40E-63.435(2),
F.A.C., the application shall include a site assessment demonstrating that an
alternative BMP Plan will provide an equivalent or greater reduction
effectiveness than using the standard approach.
The site assessment shall evaluate phosphorus imports and
transport in discharges; current BMPs and implementation methods; other
activities for which BMPs are not being implemented and representative water
quality and soil data. Water quality data that can be used for the assessment
include those available from the District sub-basin or synoptic (grab)
monitoring programs, or properly collected grab samples using field kits of
adequate precision by the applicant.
(3) Alternative BMP Demonstration Project. If
a demonstration project is proposed to meet the BMP implementation requirements
of subsection 40E-63.435(1) or
(2), F.A.C., a proposed project scope of work
shall be submitted for District review and approval based on the following
criteria:
(a) The scope of eligible projects
shall include, at a minimum, the demonstration or research hypothesis, a
description of implementation, the technical basis and scientific methods that
will be employed, the performance indicators that will be measured such as
water quality, water quantity, soil testing, or as applicable, the progress and
final reports that will be produced to verify progress and results, and a
schedule that details the beginning date, critical milestones and ending date
of the project.
(b) The 35 BMP
equivalent point requirement shall be met in the permit basin where the project
is proposed. The proposed demonstration shall account for no more than 20 BMP
equivalent points as approved by the District. The remaining 15 BMP equivalent
points shall include 10 BMP equivalent points in the nutrient control practices
category and 5 BMP equivalent points in the water management practices
category.
(c) The proposed BMP
equivalent points for the demonstration project will only be considered for the
period of project implementation, the permit basin where the project is
located, and for the crops or land uses to which the project applies.
(d) BMP equivalent points shall be initially
determined by the District prior to issuance of a permit based on the BMP
equivalent points established in Appendix B1 (incorporated by reference in
subsection 40E-63.435(1),
F.A.C.). Additional BMP equivalent points will be approved by the District, if
the applicant provides reasonable assurance through plans, test results, water
quality data or other information, that the BMP project will demonstrate
improvement in phosphorus removal efficiency in comparison to standard BMP
implementation methods.
(e) Once
the demonstration project is complete and a final report is submitted in
accordance with the approved scope, the permittee shall submit a Letter
Modification application requesting that the approved BMP Plan be modified to
incorporate the BMP or water quality improvement activity if the District
determines that they were successfully developed under the project. The
application shall include the information described under Rules
40E-63.430,
40E-63.435 and
40E-63.437, F.A.C., as
applicable, and shall describe how the report recommendations for BMP
implementation will apply to the applicable crops or land uses for District
review. The District shall review the BMP equivalent points initially assigned
and will adjust them based on the reported phosphorus reduction levels and
approved methods for implementation of the proposed BMP or water quality
improvement activity. If the permittee decides that the BMP resulting from the
demonstration project is not to be proposed for continued implementation, the
permittee is required to submit a permit modification proposing a BMP Plan, as
described in Rule 40E-63.435 or
40E-63.437, F.A.C., as
applicable. The application for modification of the approved BMP Plan shall be
submitted no later than 30 days after the project completion date pursuant to
the District-approved scope.
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 11-9-10.
