Florida Regulations 40E-63.110: EAA Basin – Permits Required
Current as of: 2024 | Check for updates
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(1) The lands in the EAA, as described in subsection 40E-63.104(2), F.A.C., (Boundaries) release water that ultimately makes use of, connects to, is released to, or is discharged to the Works of the District within the Everglades, as defined in Fl. Admin. Code R. 40E-63.106, (Works of the District within the Everglades) and a general permit, individual permit, or master permit must be obtained pursuant to Subpart A, B or C of Part I of this chapter.
(2) Any landowner in the EAA, as described in subsection 40E-63.104(2), F.A.C., (Boundaries) may submit evidence to the District demonstrating that the water discharged from their property does not use the Works of the District within the Everglades, and request District staff to make a written determination that the requirements of this chapter do not apply to their property. The request and supporting evidence must be submitted no later than 90 days prior to the application date specified below for Subparts B and C for Individual and Master Permits. District staff will review the evidence submitted and other available information and issue a written statement within 60 days specifying whether the property is subject to the requirements of Part I of this chapter.
(3) If the BMP Plan submitted pursuant to Part I of this chapter proposes activities which require new or modified consumptive water use, surface water management, environmental resource, right-of-way, or well construction permits from the District, applications for the other permits shall be submitted at the same time the Works of the District permit application is submitted. The permit applications for the new or modified activities must be complete by the time the Works of The District permit application is complete. If the applications are not complete, the proposed activities will be excluded from the Works of The District application.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592 FS. History-New 1-22-92, Repromulgated 7-7-92, Amended 7-7-92, 7-3-01.
Terms Used In Florida Regulations 40E-63.110
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) If the BMP Plan submitted pursuant to Part I of this chapter proposes activities which require new or modified consumptive water use, surface water management, environmental resource, right-of-way, or well construction permits from the District, applications for the other permits shall be submitted at the same time the Works of the District permit application is submitted. The permit applications for the new or modified activities must be complete by the time the Works of The District permit application is complete. If the applications are not complete, the proposed activities will be excluded from the Works of The District application.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592 FS. History-New 1-22-92, Repromulgated 7-7-92, Amended 7-7-92, 7-3-01.