Title: Rules of the Southwest Florida Water Management District - Standard General Environmental Resource Permits
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 Material Information
Title: Rules of the Southwest Florida Water Management District - Standard General Environmental Resource Permits
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Rules of the Southwest Florida Water Management District - Standard General Environmental Resource Permits (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004339
Volume ID: VID00001
Source Institution: Levin College of Law, 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






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RULES OF THE SOUTHWEST

FLORIDA WATER MANAGEMENT DISTRICT

CHAPTER 40D-40

STANDARD GENERAL ENVIRONMENTAL RESOURCE

PERMITS


1

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3

4

5

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10

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Policy and Purpose

Implementation, Effective Date and Applicability

Standard General Environmental Resource Permits

Noticed General Permit for Construction,

Alteration or Operation of Surface Water

Management Systems (Repealed)

General Permit for Construction, Alteration or

Operation of Surface Water Management Systems

(Repealed)

Requests for Noticed General Permits (Repealed)

Content of Application for Standard General

Permits

Request for Additional Information (Repealed)

Conditions for Issuance for Standard General

Permit for Minor Surface Water Management Systems

Conditions for Issuance of Standard General

Permits

Duration of Permits

Modification of Permits

Revocation of Permits


40D-40.011

40D-40.031

40D-40.040

40D-40.041





40D-40-042





40D-40.111

40D-40.112



40D-40.141

40D-40.301



40D-40.302



40D-40.321

40D-40.331

40D-40.341









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1 40D-40.351 Transfer of Permits

2 40D-40.381 Limiting Conditions



3 40D-40.011 Policy and Purpose.

4 The rules in this chapter grant standard general

5 environmental resource permits for certain specified surface

6 water management systems which have been determined to be not

7 harmful to the water resources of the District and to be not

8 inconsistent with the objectives of the District. The purpose of

9 this chapter is to set forth the requirements for qualifying for

10 a standard general permit and the conditions under which they.may

11 be exercised. Non-exempt surface water management systems which

12 do not qualify for a noticed general environmental resource

13 permit pursuant to Chapter 40D-400, F.A.C., or a standard general

14 permit under this chapter are required to obtain individual

15 permits. The District reserves the right to require an

16 individual permit for any surface water management system which:

17 does not comply with the provisions of this chapter; may be

18 harmful to the water resources of the District; is inconsistent

19 with the overall objectives of the District.

20

21 Specific Authority 373.044, 373.113, 373.118, F.S. Law

22 Implemented 373.103(1), 373.413(1), 373.416, 373.419, 373.429,

23 F.S. History New 10-1-84. Amended 3-1-88, and










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40D-40.031 Implementation, Effective Date and

Applicability.

(1) This rule specifies the effective dates for the permit

program developed pursuant to Part IV, Chapter 373, F.S. are:

(2) (3) No change

(44) The rulofm itpelementing the environmental Rof hurco

Permit Program shall apply to projootA which do not have a

complete permit application,as evidenced by a letter of

emplotonooe from the Dictrict on the effective dato of 4th rul


unless the prejeet is qivandfatheL-rz19d r-suant te Seetlen 2214


F. G.


Specific Authority 373.044, 373.113, 373.118, F.S. Law

Implemented 373.416, 373.414, 373.419, F.S. History New

10-1-84. Amended 3-1-88, and



40D-40.040 Standard General Environmental Resource Permits

(1) Two types of Standard General Environmental Resource

Permits are issued pursuant to this Chapter and Chapter 40D-4,

F.A.C. They are:

(a) Standard General Environmental Resource Permit for

Minor Surface Water Management Systems. The conditions for

issuance for this permit are contained within s. 40D-40.301; and


,









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1 (b) Standard General Environmental Resource Permit for

2 Surface Water Management Systems. The conditions for issuance

3 for this permit are contained within section 40D-40.302.

4 (2) Standard General Environmental Resource Permits are

5 required prior to the construction, alternation, removal,

6 maintenance, operation or abandonment of certain surface water

7 management systems.



8 Specific Authority 373.044, 373.113, 373.118, F.S. Law

9 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History

10 New



11 40D-40.041 Noticed General Permit for Construction,

12 Alteration or Operation of Surface Water Management Systems.



13 Specific Authority 373.044, 373.113, 373.118, F.S. Law

14 Implemented 120.60(2), 373.413, 373.416, F.S. History New

15 3-1-88. Amended 1-11-93. Repealed



16 40D-40.042 General Permit for Construction, Alteration or

17 Operation of Surface Water Management Systems.



18 Specific Authority 373.044, 373.113, 373.118, F.S. Law

19 Implemented 120.60(2), 373.413, 373.414, 373.416, 373.419, F.S.


1









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1 History New 10-1-84. Amended 3-1-88, and 1-11-93. Repealed

2



3 40D-40.111 Requests for Noticed General Permits.



4 Specific Authority 373.044, 373.113, 373.118, F.S. Law

5 Implemented 373.413, 373.416, 373.419, F.S. History New 3-1-

6 88. Repealed



7 (Substantial Rewording of Rule 40D-40.112. See Florida

8 Administrative Code for present text.)

9 40D-40.112 Content of Application for Standard General

10 Permits.

11 (1) To apply for a standard general permit, including an

12 application for a standard general permit for minor surface water

13 management systems, the applicant shall file with the District

14 the Application form identified in Chapter 40D-1, F.A.C. and

15 other required documents, information and fees.

16 (2) The application shall consist of the requirements as

17 stated in Rule 40D-4.101, F.A.C.

18 (3) A complete application for a standard general permit

19 shall also constitute an application for certification of

20 compliance with state water quality standards where necessary

21 pursuant to Section 401, Public Law 92-500, 33 USC Section 1341.









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1 Issuance of the permit shall constitute certification of

2 compliance with water quality standards unless the permit is

3 issued pursuant to the net improvement provision of section

4 373.414(1) (b), F.S., or the permit specifically states otherwise.

5 (4) If a standard general permit application involves

6 activities located in, on, or over wetlands or other surface

7 waters, as delineated by the methodology authorized in subsection

8 373.421(1), F.S., then, within three business days of receipt of

9 the application, the District shall forward a copy to the

10 appropriate office of the U.S. Army Corps of Engineers unless

11 specifically authorized by the Corps to do otherwise.

12 (5) If the application involves activities located in, on,

13 or over wetlands or other surface waters, as delineated by the

14 methodology authorized in subsection 373.421(1), F.S., the

15 District shall forward a copy of notice of the application to and

16 request comments from:

17 (a) the Florida Game and Fresh Water Fish Commission;

18 (b) the Florida Department of State, Division of

19 Historical Resources;

20 (c) any person who has requested a copy of the

21 specific application that is under review; and

22 (d) the Department of Environmental Protection, if the

23 proposed activities have a potential to impact marine listed

24 species.


I










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1 (6) If at any time during the application processing it

2 appears that the application involves activities which may take

3 place on state-owned lands, the District shall send a copy of the

4 application to the Division of State lands, Department of

5 Environmental Protection.



6 Specific Authority 373.044, 373.113, 373.118, F.S. Law

7 Implemented 373.413, 373.414, 373.416, 373.419, F.S.

8 History New 10-1-84. Amended 3-1-88, and



9 40D-40.141 Request for Additional Information.



10 Specific Authority 373.044, 373.113, 373.118, F.S. Law

11 Implemented 120.60(2), 373.413, 373.414, 373.416, 373.419, F.S.

12 History New 10-1-84. Amended 3-1-88. Repealed



13 40D-40.301 Conditions for Issuance of Standard General

14 Permit for Minor Surface Water Management Systems.

15 (1) To obtain this standard general permit, an applicant

16 must provide reasonable assurance that the following conditions

17 are met and certify that:

18 (a) (b) No change

19 (c) The proposed activities will consist of the

20 dredging or filling of less than 100 square feet in wetlands or

21 other surface waters;










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1 (d) The activities will not utilize pumps for storm

2 water management;

3 (e) The activities will not utilize storm drainage

4 facilities larger than one 24-inch diameter pipe, or its

5 equivalent.

6 (f) Discharges from the site will meet state water

7 quality standards;

8 (g) The proposed building floors will be above the 100

9 year flood elevation;

10 (h) The proposed activities do not cause significant

11 adverse impacts to occur individually or cumulatively;

12 (i) The surface water management system can be

13 effectively operated and maintained.; and

14 (j) The surface water management system will meet the

15 applicable water quality design criteria in the Basis of Review

16 described in Rule 40D-4.091(1).

17 (2) Applicants required to obtain a permit by subsection

18 40D-4.041(4) may obtain this standard general permit if the

19 applicant provides reasonable assurance and certifies that the

20 conditions in paragraphs 40D-40.301(1) (f), (i) and (k) are met.



21 Specific Authority 373.044, 373.113, 373.118, F.S. Law

22 Implemented 373.413, 373.414, 373.416, F.S. History New 3-1-

23 88. Amended









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1 40D-40.302 Conditions for Issuance of Standard General

2 Permits.

3 In order to qualify for a standard general permit under this

4 chapter, the applicant must give reasonable assurances that the

5 surface water management system meets all conditions of

6 subsection 40D-40.302(1) and all thresholds and conditions of at

7 least one other subsection.

8 (1) General Conditions.

9 (a) The surface water management system must meet the

10 conditions specified in Rules 40D-4.301 and 40D-4.302.

11 (b) The permitted must have obtained a Works of the

12 District permit or other approval from the District if the

13 permitted proposes to connect to, place structures in or across,

14 or otherwise make use of works owned by the District.

15 (2) Thresholds.

16 (a) The project area except for public highway

17 projects, must be less than 100 acres.

18 (b) Construction or alteration of a system, including

19 dredging or filing to occur in, on or over a total of one acre or

20 less of wetlands and other surface waters.

21 (c) The system must not include more than nine

22 proposed boat slips.

23 (3) No change

24 (4) Additional Conditions for Phased Construction under

25 Conceptual Permits.









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1 (a) The project phase must comply with the

2 requirements of the conceptual permit.

3 (b) The project phase must be less than 100 acres and

4 meet the conditions of subsection 40D-40.302(1).

5 (c) The conceptual permit must have been issued

6 subsequent to October 1, 1984.



7 Specific Authority 373.044, 373.113, 373.118, F.S. Law

8 Implemented 373.413, 373.414, 373.416, 373.419, F.S.

9 History New 10-1-84. Amended 3-1-88, 5-10-88, 9-13-88, and

10



11 40D-40.321 Duration of Permits.

12 Unless revoked or otherwise modified, the duration of a

13 standard general permit issued pursuant to this Chapter is as

14 specified in Rule 40D-4.321, F.A.C. is:



15 Specific Authority 373.044, 373.113, 373.118, F.S. Law

16 Implemented 373.413, 373.416, 373.419(2), F.S. History New

17 10-1-84. Amended 3-1-88, and



18 40D-40.331 Modification of Permits.

19 A request for modification of a standard general surface

20 water management permit shall be made in accordance with this









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1 rule, unless the permits are otherwise revoked, suspended or

2 expired. Requests to modify permits shall be made:

3 (1) in accordance with Rules 40D-40.111, 40D-40.112, 40D-

4 40.301 and 40D-40.302 for standard general permits; or

5 (2) by letter provided the requested modification does not

6 exceed the conditions of subsection 40D-4.331(2) (b).



7 Specific Authority 373.044, 373.113, 373.118, F.S. Law

8 Implemented 373.413, 373.416(1), 373.429, F.S. History New

9 10-1-84. Amended 3-1-88, and



10 40D-40.381 Limiting Conditions.

11 The standard general permits issued pursuant to this chapter

12 shall be subject to the following limiting conditions:

13 (1) The general conditions of Rule 40D-4.381 shall apply.

14 (2) The standard general permit shall be subject to other

15 reasonable conditions as are necessary to assure that the per-

16 mitted system will not be inconsistent with the overall

17 objectives of the District and will not be harmful to the water

18 resources of the District.



19 Specific Authority 373.044, 373.113, 373.118, F.S. Law

20 Implemented 373.117, 373.413, 373.414, 373.416, 373.419, F.S.

21 History New 10-1-84. Amended 3-1-88, and




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