Current through Reg. 50, No. 187; September 24, 2024
An applicant may request approval for early implementation
by opting to submit a proposal for voluntary implementation of additional BMPs
(early BMPs), or a voluntary demonstration project that includes a BMP
performance verification plan. Applicants electing these approaches must submit
for District review the following:
(1)
Either proposal shall be submitted together with an application for a new
permit, permit renewal, or as a Letter Modification.
(a) For optional early BMPs the application
shall provide information for meeting the criteria below:
1. A description of the BMP or group of BMPs
(early BMPs) that are proposed in addition to those required by rule at the
time of application (Rule
40E-63.435 or subsection
40E-63.461(3),
F.A.C., as applicable). The proposal shall include the specific methods for
implementation and maintenance of the early BMPs.
2. The proposal shall provide reasonable
assurance through technical documentation, and the requirements indicated in
subsections 40E-63.435(4) and
(5), F.A.C., that the combined effect of the
optional early BMPs and rule-required BMPs will ensure a phosphorus loading
reduction for the identified permit basin or parcels sufficient for the C-139
Basin to consistently achieve the performance measurer's target, as described
in Appendix B2 (incorporated by reference in subsection
40E-63.446(1),
F.A.C.). The District will review whether the proposed loading reduction levels
would be conducive to meeting the target Unit Area Load (UAL) based on the most
recent five years of water quality data.
3. The proposal shall include an
implementation schedule.
(b) For voluntary demonstration projects, the
application shall propose a BMP or water quality improvement measure
demonstration project that meets the following:
1. Complies with the criteria described under
paragraph 40E-63.437(3)(a),
F.A.C.,
2. Projects estimated
phosphorus reductions based on available technical references, and
3. Proposes a verification plan through a
Permit Discharge Monitoring Program to confirm and quantify the estimated
phosphorus reductions. The verification plan shall meet the criteria described
in subsection 40E-63.461(4),
F.A.C.
(2) Upon
District approval of the voluntary early BMP implementation project or
demonstration project with a verification plan, the permittee will be subject
to the BMP reporting and verification requirements of this chapter for those
voluntary initiatives, as described in permit conditions. Permittees cannot be
deemed out of compliance solely for failure to implement the early initiatives,
however, the permittee cannot qualify with the conditions of paragraphs
40E-63.446(2)(b) and
(c), F.A.C. unless:
(a) The early BMP's are
implemented.
(b) Reporting and
verification requirements for the voluntary early implementation projects are
met, as determined by the District; and
(c) The permittee is in compliance with the
BMP Plan required by the permit.
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.
