RULEMAKING

Phosphorous Criterion and Discharge Limitations for Lake Apopka

The St. Johns River Water Management District has adopted amendments to its ERP rules in Chapters 40C-4, 40C-41, 40C-42, and 40C-44, F.A.C., and the associated Applicant’s Handbooks:  Management and Storage of Surface Waters, Regulation of Stormwater Management Systems, and Agricultural Surface Water Management System.  Section 373.461, F.S., requires the District to adopt by rule discharge limitations for all permits issued by the District for discharges into Lake Apopka.  The purpose of the amendments is to limit phosphorous loads to Lake Apopka. 

The amendments establish discharge limitations for total phosphorus for: (1) surface water management systems (including agricultural surface water management systems) located within the Lake Apopka Hydrologic Basin, which discharge into Lake Apopka or its tributaries; and (2) systems that cause an interbasin diversion of water from another hydrologic basin to the Lake Apopka Hydrologic Basin and discharge water into Lake Apopka or its tributaries. 

For new systems within the Lake Apopka basin, there are three ways to meet the phosphorus criterion: (1) design the system in accordance with table 11.7-1, (2) demonstrate no increase in phosphorus from the project site due to development, or (3) do not discharge to Lake Apopka or its tributaries for the 100 year, 24 hour storm event.  For new systems that cause an interbasin diversion, the applicant must demonstrate zero net increase in phosphorus to Lake Apopka and, the system cannot discharge during periods of flooding (based on the Lake Apopka flood schedule).

The District developed numerous tables that can be used to determine pre- and post-development phosphorus loads, a table with criteria that can be used to meet the phosphorus limitation, and clarified that for purposes of the various tables, the term “retention” includes stormwater reuse and underdrain and underground exfiltration trench systems.  These tables were developed to address concerns raised about the regulatory cost of the amendments without compromising the water quality protection to be provided by the amendments.

The amendments also include requirements for monitoring the post-development total phosphorus load discharged from the project area when the permittee chooses not to use the tables, monitoring water levels for certain systems, and annual inspection requirements. 

Minimum Flows and Levels.   To date, the St. Johns River Water Management District has adopted minimum flows and levels (MFLs) for slightly more than 130 water bodies.  On May 11, 2003, new MFLs became effective for the following lakes in the following counties:  Emma and Lucy (Lake County), Charles and Halfmoon (Marion County) and South Como Park (Putnam County).  The amendment also establishes minimum water levels for a wetland system known as “The Savannah” in Volusia County.  At the same time, revised MFLs became effective for the following lakes in the following counties:  Apshawa South (Lake County) and Silver (Putnam County).

District staff is developing a number of additional MFLs, including minimum flows for Blue Spring and MFLs for St. Johns River at SR 44 in Deland, both of which are in Volusia County.  The District’s MFLs are found in Chapter 40C-8, F.A.C.

Consumptive Use Permitting.    The SJRWMD is preparing to initiate rulemaking to amend its consumptive use permitting (CUP) rules in chapters 40C-2, 40C-20, and 40C-22, F.A.C., and the CUP Applicant’s Handbook, to update and clarify existing rules and make a number of substantive changes, including the following:

(1)       create a new exemption from permitting for fire protection use and certain secondary water uses;

(2)       create a new general CUP granted by rule for certain non-exempt uses, and revise and clarify the thresholds for general CUPs granted by rule;

(3)       broaden and clarify the conditions under which a modification to an existing consumptive use permit may be granted by letter;

(4)       clarify permit thresholds for CUPs issued pursuant to 40C-40, F.A.C.;

(5)       create a new use type designation for “wildlife or environmentally-based recreation;”

(6)       add “reclaimed water” to the list of source classes;

(7)       create definitions for “contiguous property” and “one in ten year drought;”

(8)       delete definition of “two in ten year drought;”

(9)       create a new consolidated permit process for review and action on CUP and ERP applications for certain projects where the CUP application includes a request to irrigate certain non-agricultural land that is part of a surface water management system that serves a project with a total land area equal to or exceeding 40 acres and requires a permit under Chapters 40C-4 or 40C-40, F.A.C. (a corresponding change to the ERP rules in Chapters 40C-4 and 40C-40 is also proposed);

(10)        create a provision requiring individual metering when feasible for certain uses that are commonly master-metered;

(11)        amend the temporary consumptive use permit (TCUP) criteria to clarify that the Board will not consider a TCUP “necessary” when the applicant has failed to timely obtain a consumptive use permit to meet its current needs, unless the TCUP is needed to protect public health, safety, or welfare;

(12)        clarify that for projects that require a certificate of need (CON) from the Florida Public Service Commission, proof of the CON will be considered when determining whether the proposed water use is for a purpose which is both reasonable and consistent with the public interest;

(13)        revise and clarify the requirements for noticing adjacent land owners; and

(14)        revise and clarify the Limiting, General, and Special Conditions for CUPs and create new Conditions.

Currently, District staff are seeking input from the Governing Board, the District’s agricultural advisory committee, and utility groups on these concepts.  The District may publish a notice of proposed rule development as early as October 2003.