In order to obtain a General Permit, applicants shall
submit a BMP Plan that includes a multi-level approach to implementation and
operation for each crop or land use within each permit basin. A BMP Plan shall
take into account site-specific conditions, potential phosphorus sources,
primary phosphorus species, and transport mechanisms based on available data;
and ensure that a thorough approach to implementation and maintenance will be
implemented. If a water management system is shared by multiple operating
entities, each entity shall submit a separate BMP Plan for their land but the
water management operational plan shall be consistent. The BMP Plan shall
include the following:
(1) A
description of a BMP Plan, including specific methods for implementation and
maintenance, based on the BMPs described in Appendix B1, "BMP Description and
Equivalent Points Reference Table", dated November 2010, incorporated by
reference herein. To ensure that approved BMP plans have a comparable level of
effort among permittees, the BMP Plan shall propose a minimum of 35 BMP
equivalent points. A copy of Appendix B1 is available on the District's website
(
www.sfwmd.gov/rules) or from the
South Florida Water Management District Clerk, 3301 Gun Club Road, West Palm
Beach, FL 33406, 1(800) 432-2045 or (561) 686-8800, upon request.
(2) Of the 35 BMP equivalent points, a
minimum of 20 BMP equivalent points shall meet the following criteria:
(a) A minimum of 10 BMP equivalent points in
nutrient control practices.
(b) A
minimum of 5 BMP equivalent points in water management practices.
(c) A minimum of 5 BMP equivalent points in
particulate matter and sediment control practices. Pasture management BMPs, as
described in Appendix B1 (incorporated by reference in subsection
40E-63.435(1),
F.A.C.), can provide equivalent points towards this category, if
applicable.
(3) If at the
time a BMP Plan is proposed for approval, the District has previously
determined the C-139 Basin to be out compliance, and the permit basin has an
approved BMP Plan including water quality improvement activities, the proposed
BMP Plan shall include continuation of the approved BMP Plan and water quality
improvement activities; or propose an equivalent alternative for District
consideration. The applicant shall provide reasonable assurance that the
alternative contains the equivalent or greater phosphorus reduction
effectiveness of the approved BMP Plan and water quality improvement
activities. The proposal must provide the basis that the BMP Plan and water
quality improvement activities would have met the criteria indicated in
subsections
40E-63.461(3) and
(4), F.A.C., as applicable, for the years
when the C-139 Basin was determined by the District to be out of compliance and
water quality improvement activities were required.
(4) An education and training program for the
management and operation staff responsible for implementing and monitoring the
approved BMP Plan. The training may be provided in-house or arranged by the
permittee or other educational resources.
(5) A description of records and
documentation to be maintained on-site or at a suitable location that is
readily available for District review. The records and documentation shall be
sufficient to verify BMP implementation, maintenance, and training, as
described in the post-permit compliance section, Appendix C of the Guidebook
(incorporated by reference in subsection
40E-63.430(2),
F.A.C.), on the form entitled "C-139 Basin Annual Report - Certification of BMP
Implementation".
(6) A proposed
implementation schedule. Except for BMP Plans required immediately upon
amendment of this part of Chapter 40E-63, F.A.C., as described in Rule
40E-63.420, F.A.C.,
implementation of new BMPs shall be completed within 90 days after the date of
District approval. Alternate implementation schedules may be considered by the
District if the applicant demonstrates through reasonable assurance that an
equivalent level of phosphorus source control is provided.
