Title: State of Florida, Division of Administrative Hearings
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 Material Information
Title: State of Florida, Division of Administrative Hearings
Alternate Title: State of Florida, Division of Administrative Hearings. Florida Fruit and Vegetable Association v. Department of Environmental Protection (DEP) and SWFWMD, Case No. 93-6632RP and also: Association of Florida Community Developers, et. al. v. DEP and SWFWMD,
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 23 ( SF STATE WATER POLICY ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052867
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

l -C/'A<2It-- O,2
STATE OF FLORIDA ,0
DIVISION OF ADMINISTRATIVE HEARINGS


FLORIDA FRUIT AND VEGETABLE )
ASSOCIATION, )
)
Petitioner, )
)
v. ) CASE NO. 93-6632RP
)
DEPARTMENT OF ENVIRONMENTAL )
PROTECTION, )
)
Respondent, )
)
and )
)
SOUTHWEST FLORIDA WATER )
MANAGEMENT DISTRICT, )
)
Intervenor. )

)
ASSOCIATION OF FLORIDA COMMUNITY )
DEVELOPERS, FLORIDA FARM BUREAU )
FEDERATION, FLORIDA CATTLEMEN'S )
ASSOCIATION, DAIRY FARMERS, INC., )
FLORIDA ENGINEERING SOCIETY, )
FLORIDA FORESTRY ASSOCIATION, )
SUGAR CANE GROWERS COOPERATIVE )
OF FLORIDA and THE FLORIDA )
CHAMBER OF COMMERCE, )
)
Petitioners, )
)
v. ) CASE NO. 6633RP
)
DEPARTMENT OF ENVIRONMENTAL )
PROTECTION and SOUTHWEST FLORIDA )
WATER MANAGEMENT DISTRICT, )
)
Respondent, )
)
and )

SOUTHWEST FLORIDA WATER )
MANAGEMENT DISTRICT, )
)
Intervenor. )
____________________________)








For: Florida Fruit and Vegetable Association




TERRY COLE, Esq. DATE
THOMAS G. TOMASELLO, Esq.
Oertel, Hoffman, Fernandez
& Cole, P.A.
Post Office Box 6507
Tallahassee, Florida 32314-6507
(904) 877-0099

For: Southwest Florida Water Management District




JAN MCLEAN, Esq. DATE
Assistant General Counsel
Southwest Florida Water
Management District
2379 Broad Street
Brooksville, Florida 34609-6899


For: Association of Florida Community Developers
Florida Farm Bureau Federation
Cattlemen's Association
Dairy Farmers, Inc.
Florida Engineering Society
Florida Forestry Association
Sugar Cane Growers Cooperative of Florida
The Chamber of Commerce




FRANK MATTHEWS, Esq. DATE
Hopping, Boyd, Sams & Smith
Post Office Box 6526
Tallahassee, Florida 32314
(904) 222-7500


TGT:1665-6JSS/kj




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AUGUST 10, 1994

Effect of January 6, 1994 Proposed Settlement of Challenge
to Revisions to State Water Policy


17-40.210 Definitions
(16) "Interim pollutant load reduction goal' means a best judgment numeric estimate of the
level of pollutant load reduction anticipated to result from planned c rrective actions as an




(16) "Natural System" for the purpose of this rule means an ecological system supporting
aquatic and wetland-dependent natural resources, including fish and aquatic and wetland
dependent wildlife habitat.

17-40.410 Water Supply Protection and Management
(3) Water may shell be reserved from permit use in such locations and quantities, and for
such seasons of the year, as is required for the protection of fish and wildlife or the public
health or safety. Such reservations shall be subject to periodic review and revision in light
of changed conditions. However, all presently existing legal users of water shall be
protected so long as such use is.not contrary to the public interest.

17-40.420432 Surface Water Protection and Management.

(-2(3) (b) The Ddistricts which have implemented a comprehensive stormwater and surface
water management program shall be the chief administrators of the state stormwater
management program. The Department or the Districts, where appropriate, shall set
regional stormwater management goals and policies on a watershed basis, including
watershed stormwater pollutant load reductions necessary to preserve or restore beneficial
uses of receiving waters. For water bodies which fully attain their designated use and meet
the applicable state water quality standards, the pollutant load reduction goal shall may be
zero. Such goals and policies shall be implemented through District SWIM plans, through
preparation of watershed management plans in other designated priority watersheds and
through appropriate regulations.

(5)(d)l. The Districts shall include in adopted SWIM Plans numeric estimates of the level
of pollutant load reduction goals anticipated to result from planned corrective actions
included in the plan.
(a) For SWIM water bodies with plans originally adopted before January 1,
1992, these estimates shall be established before December 31, 1994.
(b) For SWIM water bodies with plans originally adopted before January 1,
1992, these estimates shall be established within three years of the plan's
original adopted date.








1. Interim pollutant load reduction goals shall be established for all water bodies
having approved SWIM plans.




1992, interim pollutant load reduction goals and a schedule for development
of the pollutant load reduction goal shall be established within three years of
b-For SWIM water bodies with plans originally adopted after Januar' 1,
19-902) interim pollutant load reduction goals and a schedule for development
of the pollutant load reduction goal shall be established within three years of
the plan's original adoption date.
2. Each District shall develop water body specific pollutant load reduction goals for non-
SWIM water bodies on a priority basis according to a schedule provided in the District
Water Management Plan. The list of water bodies and the schedule shall be developed by
each District, giving priority consideration to water bodies that receive discharges from
stormwater management systems that are required to obtain a NPDES municipal stormwater
discharge permit. Goals shall be developed by 19910 for SWIMT water bodies that have an
discharge permit. "AALA-A"4%4%#n tfs.e f r c

3. The Districts shall consider economic, environmental, and technical factors in
implementing programs to achieve pollutant load reduction goals.
These goals shall be considered in local comprehensive plans submitted or updated in
accordance with Section 403.0891(3)(a), F.S.

17-40.458 Floodplain Protection
(1)(c) District regulatory programs shall minimize incompatible activities in
floodplains. For regulated floodplains, each District, at a minimum, shall ensure that
such activities:
1. Will not result in significant adverse effects on surface and ground water
levels and surface water flows.
2. Will not result in significant adverse impacts to existing surface water
storage and conveyance capabilities of the floodplain.
3. Will not result in significant adverse impacts to the operation of District
facilities.
4. Will assure that any surface water management facilities associated with
-the proposed activity will be capable of being effectively operated and
maintained.
5. Will not cause violations of water quality standards in receiving waters.

7. Will not otherwise be harmful to water resources.

17-40.470 Natural Systems Protection and Management
(1) The Department and the Districts may protect and manage aquatic and wetland-
dependent resources, including fish and wildlife habitat. Programs, plans, and rules to
accomplish these goals shall include rules to address adverse cumulative impacts, the

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establishment of minimum flows and levels (Rule 17-40.473, F.A.C.) and may include
protection measures for surface water resources (Rule 17-40.475, F.A.C.).

17-40.475 Protection Measures Areas for Surface Water Resources Waters
(1) As part of SWIM Plans or basin-specific management plans, programs, or rules, the
Districts are encouraged to implement establish protection measures areas as appropriate
to enhance or preserve surface water resources waters and ass ciated natural syste.s.
Protection measures areas shall should be based on scientific evaluations of particular
surface waters and the need for enhancement or preservation of these surface water
resources.






































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