(1) The 1994 Everglades Forever Act (Florida Statutes § 373.4592) requires the District to amend Fl. Admin. Code Chapter 40E-63, to establish requirements of Everglades Agricultural Area (EAA) landowners to sponsor through the EAA Environmental Protection District (EAA-EPD) or otherwise and implement a comprehensive program of research, testing and implementation of BMPs that will address all water quality standards within the EAA and the Everglades Protection Area.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

    (2) The goal of the regulatory program contained in this chapter is to establish a schedule of BMP research, testing, and implementation to identify water quality parameters that are not being significantly improved by the stormwater treatment areas (STAs) and the current level of BMPs being widely implemented throughout the EAA, and to identify strategies needed to address such parameters.
    (3) The research program prescribed by this chapter shall include field testing of BMPs in a sufficient number of representative sites in the EAA which reflect soil and crop types within the EAA, as well as other factors that effect BMP effectiveness and design.
    (4) Continued basin monitoring and the operation of the STAs will yield additional data concerning water quality in the Everglades Protection Area (EPA). As additional data is collected, and in light of future rulemaking to recognize existing actual beneficial uses of the conveyance canals in the EAA, this rule shall be reviewed at a minimum of once every five years, and amended if necessary. These reviews and potential amendments may include, but are not limited to, an increase or reduction in parameters monitored and an increase or reductions of BMPs being tested.
    (5) As per the Everglades Forever Act, by December 31, 2006, all permittees which discharge to the EPA shall implement additional water quality measures, taking into account the water quality treatment provided by the STAs and the effectiveness of BMPs.
    (6) It is the intent of the District that the program of BMP research, testing, and implementation conducted pursuant to this chapter be complementary with research on BMP related issues undertaken by other entities. Every effort shall be made to avoid requiring unnecessary or duplicative studies.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.4592(4)(f) FS. History-New 1-1-97, Amended 6-30-97.