Florida Regulations 40A-44.381: Limiting Conditions
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(1) The Board will impose on any permit granted under this chapter such reasonable conditions as are necessary to assure that the permitted operation will be consistent with the overall objectives of the District and will not be harmful to the water resources of the District.
(2) In addition to project specific special conditions, the following limiting conditions will be attached to any permit issued pursuant to this chapter.
(a) The permittee shall prosecute the work authorized in a manner so as to minimize any adverse impact of the works on fish, wildlife, natural environmental values, and water quality. The permittee shall institute necessary measures during the construction period, including required compaction of any fill material placed in or around newly installed structures, to reduce erosion, turbidity, nutrient loading and sedimentation in the receiving waters.
(b) The authorized facility shall not be determined fully complete, and the Operation and Maintenance Permit shall not become effective, until the “”As-Built Certification and Completion Report”” required pursuant to subsection 40A-44.301(7) and Fl. Admin. Code R. 40A-44.411, is submitted to the District, and the District has determined the project to have been constructed in accordance with the approved design and any permit conditions stipulated in the construction authorization. The Permittee shall submit to the District a properly executed “”As-Built Certification and Completion Report”” within 30 days of the completion of the permitted project.
(c) Discharges during construction shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream water stages. Stages may be subject to operating schedules satisfactory to the District.
(d) The permit does not convey to the permittee any property right nor any rights or privileges other than those specified in the permit and Fl. Admin. Code Chapter 40A-44
(e) The permittee, by acceptance of this permit, agrees to its terms and conditions, and agrees to hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance or use of any facility authorized by the permit.
(f) Prior to any dewatering, plans shall be submitted to the District for approval. In order to be approved, dewatering plans must include a plan view indicating the rate, location, and method of dewatering as well as the discharge location and direction of downstream flow, and demonstrating that all dewatering work and discharges will not cause flooding or impoundment, downstream siltation, erosion, or turbid discharges that violate state water quality standards. Plans shall be submitted to: Northwest Florida Water Management District, Environmental Resource Permitting, 700 US Highway 331 S, Defuniak Springs, FL 32435.
(g) The approved facility and lands owned or controlled by the Permittee shall be used as described and identified in the application. If the facility or those lands become part of a subdivision, development, or are used for purposes other than those identified in the application, the facility shall be dewatered until the required permits are obtained and the facility is properly modified or reconstructed.
(h) The District’s staff, upon proper identification, shall be permitted to enter the land where the permitted facilities are located to inspect and observe the facilities in order to determine compliance with the approved plans, specifications and conditions of the permit.
(3) Permits issued by the District shall be subject to other reasonable conditions as are necessary to assure that the project will not be inconsistent with the overall objectives of the District and will not be harmful to the water resources of the District.
Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416, 373.418, 373.419, 373.423, 373.426, 403.927 FS. History-New 10-1-84, Amended 8-1-89, 7-1-92, 3-27-19.
Terms Used In Florida Regulations 40A-44.381
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(a) The permittee shall prosecute the work authorized in a manner so as to minimize any adverse impact of the works on fish, wildlife, natural environmental values, and water quality. The permittee shall institute necessary measures during the construction period, including required compaction of any fill material placed in or around newly installed structures, to reduce erosion, turbidity, nutrient loading and sedimentation in the receiving waters.
(b) The authorized facility shall not be determined fully complete, and the Operation and Maintenance Permit shall not become effective, until the “”As-Built Certification and Completion Report”” required pursuant to subsection 40A-44.301(7) and Fl. Admin. Code R. 40A-44.411, is submitted to the District, and the District has determined the project to have been constructed in accordance with the approved design and any permit conditions stipulated in the construction authorization. The Permittee shall submit to the District a properly executed “”As-Built Certification and Completion Report”” within 30 days of the completion of the permitted project.
(c) Discharges during construction shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream water stages. Stages may be subject to operating schedules satisfactory to the District.
(d) The permit does not convey to the permittee any property right nor any rights or privileges other than those specified in the permit and Fl. Admin. Code Chapter 40A-44
(e) The permittee, by acceptance of this permit, agrees to its terms and conditions, and agrees to hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance or use of any facility authorized by the permit.
(f) Prior to any dewatering, plans shall be submitted to the District for approval. In order to be approved, dewatering plans must include a plan view indicating the rate, location, and method of dewatering as well as the discharge location and direction of downstream flow, and demonstrating that all dewatering work and discharges will not cause flooding or impoundment, downstream siltation, erosion, or turbid discharges that violate state water quality standards. Plans shall be submitted to: Northwest Florida Water Management District, Environmental Resource Permitting, 700 US Highway 331 S, Defuniak Springs, FL 32435.
(g) The approved facility and lands owned or controlled by the Permittee shall be used as described and identified in the application. If the facility or those lands become part of a subdivision, development, or are used for purposes other than those identified in the application, the facility shall be dewatered until the required permits are obtained and the facility is properly modified or reconstructed.
(h) The District’s staff, upon proper identification, shall be permitted to enter the land where the permitted facilities are located to inspect and observe the facilities in order to determine compliance with the approved plans, specifications and conditions of the permit.
(3) Permits issued by the District shall be subject to other reasonable conditions as are necessary to assure that the project will not be inconsistent with the overall objectives of the District and will not be harmful to the water resources of the District.
Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416, 373.418, 373.419, 373.423, 373.426, 403.927 FS. History-New 10-1-84, Amended 8-1-89, 7-1-92, 3-27-19.