Florida Regulations 40E-63.444: Limiting Conditions for General Permits in the C-139 Basin
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(1) All of the following standard limiting conditions paragraphs (a) through (u) shall be attached to all General Permits:
(a) The permittee shall implement all elements and requirements of the approved BMP Plan according to schedule, including documentation of implementation, operation, and rationale where applicable. At no time shall BMP implementation be less than the required 35 BMP equivalent points using the criteria in Rule 40E-63.435 or 40E-63.437, F.A.C., as applicable.
(b) Each applicant to which a General Permit is issued is a co-permittee and is jointly and severally liable for implementing the requirements of the General Permit. This includes non-compliance with permit conditions caused by lessees or operators that are not co-permittees.
(c) The permittee shall submit to the District an annual report certifying BMP implementation in accordance with the permit. The report is due February 1 of each year. Failure to submit the report by February 1 will result in onsite verification of BMP implementation by District staff and the requirement for the permittee to submit a detailed report documenting implementation of each BMP in the approved BMP Plan for the previous calendar year. Failure to submit the required annual report by April 30 of each year may result in revocation of the General Permit. The notification will be sent by certified mail and indicate that the permit will be revoked within 30 days after the date of the certified mailing unless the annual report is received within those 30 days. If the permit is revoked, the permittee shall be required to apply for a new General Permit and shall be subject to enforcement under subsection 40E-63.461(1), F.A.C. The new permit will include special conditions requiring that documentation certifying BMP implementation is submitted quarterly, at a minimum.
(d) The permittee shall allow District staff and designated agents, reasonable access to the permitted property at any time to verify compliance with the rule and the permit. Since it is not possible to predict precisely when discharges will occur or problems will arise resulting in the need for a site visit, the District may not be able to provide a lengthy period of notice to the designated person in advance of a visit. However, at a minimum, the District will provide notice at least 24 hours prior to a site visit for verifying best management practice installation or operation.
(e) The permittee shall notify the District in writing within 30 days after any changes in permit basin acreage.
(f) The permittee shall notify the District in writing within 30 days of any transfer, sale or conveyance of land or works described in the permit.
(g) This permit does not relieve the permittee of the responsibility to comply with all other laws or regulations applicable to the use of or discharges from the parcel.
(h) This permit does not convey to the permittee any property right or any rights or privileges other than those specified in the permit.
(i) This permit does not relieve the permittee from liability from harm or injury to human health or welfare; animal, plant or aquatic life; or property.
(j) The surface water management and monitoring system must be effectively operated and maintained in accordance with the Environmental Resource/Surface Water Management Permit. Any change in drainage or operations not identified previously that could affect the surface water management system, must be reported in writing in advance to the District to determine if an Environmental Resource/Surface Water Management Permit is required.
(k) If not previously authorized by a District permit under this part of Fl. Admin. Code Chapter 40E-63, the permittee shall submit a permit modification application 30 days in advance of conducting any:
1. Changes in BMPs; or
2. Changes in land practice affecting the approved BMP Plan; or
3. Changes in water management that may affect the Sub-basin Monitoring Program (e.g., resulting from completing Environmental Resource/Surface Water Management Permit authorized water management system changes).
(l) The permitted discharge shall not otherwise be harmful, or adversely affect proper use and operation of the Works of the District.
(m) The C-139 Basin is required to achieve compliance with the phosphorus load limitation requirement and performance measures as specified in Appendix B2 (incorporated by reference in subsection 40E- 63.446(1), F.A.C.).
(n) Legal entities or groups of cooperating owners or operators (co-permittees) responsible for implementing a General Permit shall remain legally and financially capable of performing their responsibilities required by the permits issued pursuant to this section.
(o) Within 30 days of issuance of the permit, as of the effective date of the amendments to this part of Fl. Admin. Code Chapter 40E-63, for lessees that are not co-applicants, the permittee shall provide written certification that the lessees have received a copy of the permit and agree to implement the BMP Plan and be bound by the terms and conditions of the permit, including any amendments thereto.
(p) For leases executed after the effective date of the amendments to this part of Fl. Admin. Code Chapter 40E-63 (in which the lessee is not a co-applicant), within 30 days of its date of execution, the permittee shall provide written certification by the lessee or a copy of the lease indicating the lessee’s agreement to implement the BMP Plan and be bound by the terms and conditions of the permit, including any amendments thereto.
(q) If the District determines that any permittee in a General Permit is not complying with the specific terms and conditions of the General Permit, or the water quality performance measures (including proportional share, in accordance with Fl. Admin. Code Chapter 40E-63), the District will institute enforcement or corrective proceedings against the permittee, any co-permittees, or both, as applicable pursuant to Rules 40E-63.446 and 40E-63.461, F.A.C.
(r) Authorizations from other agencies for disposal or application of wastewater residuals (biosolids), animal manure, solid waste, fill material, or other materials containing phosphorus within the C-139 Basin, shall not relieve permittees from complying with the provisions of this rule. Permittees will be required by the District to demonstrate no potential impacts on phosphorus loading.
(s) The permitted discharge shall not cause adverse water quality impacts to receiving water and adjacent lands regulated by Florida Statutes Chapter 373
(t) The permitted discharge shall not cause adverse environmental impacts.
(u) The permitted discharge shall be consistent with State Water Policy, Fl. Admin. Code Chapter 62-40
(2) General permits shall be subject to other reasonable conditions as necessary to assure that proposed BMP and Permit Discharge Monitoring Plans meet the conditions for issuance in Rules 40E-63.435, 40E-63.437 and 40E-63.462, F.A.C.
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. History-New 1-24-02, Amended 11-9-10.
Terms Used In Florida Regulations 40E-63.444
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(b) Each applicant to which a General Permit is issued is a co-permittee and is jointly and severally liable for implementing the requirements of the General Permit. This includes non-compliance with permit conditions caused by lessees or operators that are not co-permittees.
(c) The permittee shall submit to the District an annual report certifying BMP implementation in accordance with the permit. The report is due February 1 of each year. Failure to submit the report by February 1 will result in onsite verification of BMP implementation by District staff and the requirement for the permittee to submit a detailed report documenting implementation of each BMP in the approved BMP Plan for the previous calendar year. Failure to submit the required annual report by April 30 of each year may result in revocation of the General Permit. The notification will be sent by certified mail and indicate that the permit will be revoked within 30 days after the date of the certified mailing unless the annual report is received within those 30 days. If the permit is revoked, the permittee shall be required to apply for a new General Permit and shall be subject to enforcement under subsection 40E-63.461(1), F.A.C. The new permit will include special conditions requiring that documentation certifying BMP implementation is submitted quarterly, at a minimum.
(d) The permittee shall allow District staff and designated agents, reasonable access to the permitted property at any time to verify compliance with the rule and the permit. Since it is not possible to predict precisely when discharges will occur or problems will arise resulting in the need for a site visit, the District may not be able to provide a lengthy period of notice to the designated person in advance of a visit. However, at a minimum, the District will provide notice at least 24 hours prior to a site visit for verifying best management practice installation or operation.
(e) The permittee shall notify the District in writing within 30 days after any changes in permit basin acreage.
(f) The permittee shall notify the District in writing within 30 days of any transfer, sale or conveyance of land or works described in the permit.
(g) This permit does not relieve the permittee of the responsibility to comply with all other laws or regulations applicable to the use of or discharges from the parcel.
(h) This permit does not convey to the permittee any property right or any rights or privileges other than those specified in the permit.
(i) This permit does not relieve the permittee from liability from harm or injury to human health or welfare; animal, plant or aquatic life; or property.
(j) The surface water management and monitoring system must be effectively operated and maintained in accordance with the Environmental Resource/Surface Water Management Permit. Any change in drainage or operations not identified previously that could affect the surface water management system, must be reported in writing in advance to the District to determine if an Environmental Resource/Surface Water Management Permit is required.
(k) If not previously authorized by a District permit under this part of Fl. Admin. Code Chapter 40E-63, the permittee shall submit a permit modification application 30 days in advance of conducting any:
1. Changes in BMPs; or
2. Changes in land practice affecting the approved BMP Plan; or
3. Changes in water management that may affect the Sub-basin Monitoring Program (e.g., resulting from completing Environmental Resource/Surface Water Management Permit authorized water management system changes).
(l) The permitted discharge shall not otherwise be harmful, or adversely affect proper use and operation of the Works of the District.
(m) The C-139 Basin is required to achieve compliance with the phosphorus load limitation requirement and performance measures as specified in Appendix B2 (incorporated by reference in subsection 40E- 63.446(1), F.A.C.).
(n) Legal entities or groups of cooperating owners or operators (co-permittees) responsible for implementing a General Permit shall remain legally and financially capable of performing their responsibilities required by the permits issued pursuant to this section.
(o) Within 30 days of issuance of the permit, as of the effective date of the amendments to this part of Fl. Admin. Code Chapter 40E-63, for lessees that are not co-applicants, the permittee shall provide written certification that the lessees have received a copy of the permit and agree to implement the BMP Plan and be bound by the terms and conditions of the permit, including any amendments thereto.
(p) For leases executed after the effective date of the amendments to this part of Fl. Admin. Code Chapter 40E-63 (in which the lessee is not a co-applicant), within 30 days of its date of execution, the permittee shall provide written certification by the lessee or a copy of the lease indicating the lessee’s agreement to implement the BMP Plan and be bound by the terms and conditions of the permit, including any amendments thereto.
(q) If the District determines that any permittee in a General Permit is not complying with the specific terms and conditions of the General Permit, or the water quality performance measures (including proportional share, in accordance with Fl. Admin. Code Chapter 40E-63), the District will institute enforcement or corrective proceedings against the permittee, any co-permittees, or both, as applicable pursuant to Rules 40E-63.446 and 40E-63.461, F.A.C.
(r) Authorizations from other agencies for disposal or application of wastewater residuals (biosolids), animal manure, solid waste, fill material, or other materials containing phosphorus within the C-139 Basin, shall not relieve permittees from complying with the provisions of this rule. Permittees will be required by the District to demonstrate no potential impacts on phosphorus loading.
(s) The permitted discharge shall not cause adverse water quality impacts to receiving water and adjacent lands regulated by Florida Statutes Chapter 373
(t) The permitted discharge shall not cause adverse environmental impacts.
(u) The permitted discharge shall be consistent with State Water Policy, Fl. Admin. Code Chapter 62-40
(2) General permits shall be subject to other reasonable conditions as necessary to assure that proposed BMP and Permit Discharge Monitoring Plans meet the conditions for issuance in Rules 40E-63.435, 40E-63.437 and 40E-63.462, F.A.C.
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. History-New 1-24-02, Amended 11-9-10.