Settlement Agreement Appendicies

Appendicies:

A Phosphorus Limit for Inflows into Everglades National Park
B Phosphorus Levels and Discharge Limits for Loxahatchee national Wildlife Refuge
C Stormwater Treatment Areas (STAs)
D Research and Monitoring Program
E Everglades Agricultural Area Regulatory Program

Settlement Agreement:

|   Notice of Filing Settlement Agreement |   Settlement Agreement |   Memorandum Order Entering Settlement Agreement as Consent Decree

                                                                                                                                  1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

Defendants.

__________________________________________/

Case No
88-1886-CIV-WMH

Filed: July 26, 1991
Docket No.: 980

SETTLEMENT AGREEMENT APPENDICIES

                                                                                                  Appendix A-1

Attachment I describes interim and long term total phosphorus

limits for the combined inflow to Shark River Slough. These limits

shall apply to the annual Water Year (October 1 - September 30)

flow-weighted-mean concentration of inflows to Shark River Slough,

composited across all structures, including S-12A, S-12B, S-12C,

S-12D, S-333, and any subsequent inflow points from the WCAs

established in the future. Attachment II describes long term

discharge limits which will apply to the combined inflow to the

Taylor Slough (S-332 and S-175) and Coastal (S-18C) basins. In

each, long term discharge limits are the limits necessary to

meet the OFW water quality criteria as measured at the structures

discharging into the Park. These limits will also apply to areas

immediately downstream in the Park and will be used to determine

compliance. The adequacy of these OFW criteria to meet the State

water quality standard Class III criteria (to prevent an imbalance

of flora and fauna) will be verified by long term monitoring and

research.

If research to determine the numeric value for the Class III

narrative nutrient criteria results in a more stringent Park

phosphorus limit, then the more stringent inflow limit shall apply.

Appendix A-2

Effective dates for the phosphorus inflow limits are as follows:

Phosphorus limits apply to flow-weighted-mean concentrations

computed on an annual Water Year basis, with data reported and

calculated on a monthly basis. To account for hydrologic

variations in Shark River Slough, the limits vary with the previous

12-month's total flow in each basin. The long term limit for

Taylor Slough and the Coastal Basin is fixed and does not vary with

flow. The limits represent the 10% rejection level of the observed

flow-weighted-mean concentration at a given total annual flow,

adjusted to a baseline time period of March 1, 1978 to March 1,

1979 for Shark River Slough (OFW baseline). The baseline time

period for the Taylor Slough and Coastal Basins is Water Year 1984.

Compliance with these limits is expected to provide a long term

average flow-weighted-mean inflow concentration of approximately 8

ppb for the Shark River Slough Basin and 6ppb for the Taylor

Slough and Coastal Basins. Approximate values are as follows:

Appendix A-3

Frequency of samples exceeding 10 ppb within a given 12-month

period have also been developed to aid in tracking compliance.

Approximate values are as follows:

Precise values for the Shark River Slough flow-weighted-mean

concentration limits and the frequency at which 10ppb can be

exceeded can be calculated for a given annual flow using the

equations given in Attachment I.

A panel of scientists designated by the TOC will track and

evaluate compliance with all aspects of state water quality

standards including the phosphorus limits, concentration levels and

criteria. The represented agencies may request technical

assistance from others.

After each additional sampling round at intervals of every

other week, the flow-weighted mean will be calculated based upon

data from the previous 12 months and compared with the limits

corresponding to the previous 12 month's total flow. If the

flow-weighted-mean limit is exceeded, the panel will be convened to

review recent monitoring data and assess potential causes. Any

agency represented on the TOC may request an official review of the

monthly mean and frequency calculations for potential violations of

the phosphorus limits during the water year.

An exceedance occurs if the flow-weighted-mean concentration

for the water year ending September 30th is greater than the 10%

rejection level of the computed limit (see Attachments). Based

Appendix A-4

upon review of trends for flow-weighted means, trends for the

frequencies of samples exceeding 10 ppb, and other information

found relevant by the panel, the TOC members will forward their

opinions and recommendations to their respective agencies for

appropriate action. An exceedance will constitute a violation

unless the TOC determines there is substantial evidence that it is

due to error or extraordinary natural phenomena. A violation of a

long term limit shall constitute a violation of this Agreement and

of the OFW water quality standard for Park areas immediately

downstream of the inflow structures.

Appendix A-5

Attachment I - Discharge limits and ORW Standards for Shark River

Interim Discharge Limit:

C = 11.16 - .00465*Q + 1.397*sqrt;[6.377 - .00591*Q + .00000436*Q²]

Long-Term Discharge Limit & OFW Standard:

C = 11.38 - .00538*Q + 1.397*sqrt[2.493 - .00231 + .00000170*Q²]

Frequency Exceedance:

F = 48.411 - 0.02896*Q + 1.397*sqrt[330.1 - 0.3071*Q + 0.0002254*Q²]

Terms:

Water Year = October through September

Q = total inflow to Shark River Slough for water year, S-12s +

S-333 + any additional inflow from the WCAs established in the

future, thousand acre-ft/yr (Kac-ft/yr).

C = limit on maximum flow-weighted-mean inflow concentration for

any Water Year, composite of all inflows to Shark Slough (ppb).

F = exceedance for maximum frequency (percent) of inflow

concentrations exceeding 10 ppb, computed from the time series of

concentrations composited across all inflow structures on each

sampling date with positive flow in a given Water Year.

The range of flow (Q) used in deriving the limits is 117 to

1061 Kac-ft /yr. If the total flow for any water year exceeds 1061

Kac-ft/yr a flow of 1061 Kac-ft/yr should be used in calculating

the discharge limits.

Appendix A-6

Attachment II - Discharge limits and OFW Standards for Taylor

Slough and Coastal Basin

Long-Term Flow-weighted Discharge Limit & OFW Standard = 11.0 ppb

Frequency Exceedance:

Frequency of values > 10 ppb must be less than 53.1%.

Terms:

Limits are defined on a Water Year basis, October through

September.

Basin flow is the total flow through structures S-332, S-175,

S-18C, plus any new release points from this basin established in

the future, thousand acre-ft/yr (Kac-ft/yr).

Limits apply to the flow-weighted-mean concentration for any Water

Year, composite of all inflows to Taylor Slough (S-332) and Coastal

Basin (S-18C).

Frequency exceedance is the exceedance for maximum frequency

(percent) of inflow concentrations exceeding 10 ppb, computed from

the time series of concentrations composited across all inflow

structures on each sampling date with positive flow in a given

Water Year.

                                                                                                  Appendix B-1

APPENDIX B

PHOSPHORUS LEVELS AND DISCHARGE LIMITS FOR LOXAHATCHEE

NATIONALWILDLIFE REFUGE

Attachments I and II describe interim and long term total

phosphorus concentration levels for the 14 Loxahatchee National

Wildlife Refuge interior marsh stations. These concentration

levels shall apply to monthly samples collected at 14 interior

stations (CA1-3 to CA1-16) (map attached) when the average stage at

the CA1-7, CA1-9, and CA1-8C gauges is greater than 15.4 feet msl

(mean sea level). Phosphorus concentration levels apply to

individual sampling date means. Sample date means represent

geometric means, calculated from measurements at all of the 14

stations with sufficient water for accurate sampling. To account

for the observed correlation between marsh total phosphorus

concentration and stage, the concentration levels vary with the

average interior stage on the date of sample collection. Effective

dates for the phosphorus concentration levels are as follows:

Appendix B-2

Interim Concentration Levels

The interim levels represent the 10% rejection level of the

observed 14 station interior marsh mean concentration at a given

mean daily stage, adjusted to a baseline time period of June 1978 -

to June 1979. Compliance with these concentration levels is

expected to provide a long term mean 14 station interior marsh

concentration of approximately 10 ppb. Interim values for the 14

station mean concentration levels can be calculated for a given

mean daily stage using the equations given in Attachment I.

Approximate values are as follows:

The current control program, consisting of on-line STAs and

BMPs, as described in Appendices C and E, is designed to achieve a

long-term average annual flow-weighted concentration of 50 ppb for

each discharge to the Refuge and WCAs from the EAA. If the

interim, or the lower of the long-term Refuge interior marsh

station concentration levels or Class III criteria, are not met

with the current control program, DER will require additional

components to be added to the control program to meet a maximum

annual discharge limitation of 50 ppb for all discharges into the

Refuge from the EAA. The range of additional components will

include increased STA acreage, more intensive management of STAs,

a stronger regulatory program, or a combination of the above, based

on actual performance achieve with the initial STA design and

Appendix B-3

operation and the actual performance of BMPs as discussed in

Appendices C and E. The State Parties shall not implement more

intensive management of the STAs as the sole additional component.

DER will modify the permit for the operation of the Refuge inflow

structures to include the additional components of the control

program and to establish 50 ppb as a maximum annual discharge

limitation which would be enforceable after the additional

components are operational.

Class III Criteria

The numerical interpretation of the Class III criteria for

total phosphorus for the Refuge shall be determined by a research

program designed by a panel of scientists designated by the

Technical Oversight Committee. The research program must be

recommended by the TOC. Such research shall begin no later than

July 1, 1992 and a final report shall be completed no later than

July 1, 1997. The purpose of the research will be to determine

water column total phosphorus concentrations above which imbalances

in populations of the natural flora and fauna within the Refuge

will occur and to determine the numerical interpretation of the

Class III nutrient criterion for total phosphorus. Effective July

1, 2002, the long-term total phosphorus concentration levels for

the Refuge will be the 10% refection level of stations CA1-5, CA1-6

and CA1-16 at a given mean daily stage. These three stations had

the lowest geometric mean total phosphorus concentrations during

the 1978-1983 baseline period. The long term concentration levels

will apply to all 14 stations. Compliance with these concentration

Appendix B-4

levels is expected to provide a long term average 14 station

interior marsh concentration of approximately 7 ppb. Precise

values for the levels can be calculated for a given mean daily

stage using the equations given in Attachment II. Approximate

values are as follows:

If the TOC determines Class III total phosphorus concentration

levels are lower than the long term total phosphorus concentration

levels then the lower levels shall apply.

With respect to STA-1, the original design, in operation by

1997, will include an effective treatment area of 7400 acres. The

remaining acreage (4400 effective treatment area acres plus

approximately 290 acres for berms, etc.) will be placed in service

if the Refuge's long term concentration levels have not been met by

the July 1, 2000. If the lower of t he Class III or long-term

levels is not met by the July 1, 2002 and the 50 ppb maximum annual

discharge limit is being met at all inflow structures into the

Refuge from the EAA, the TOC will recommend a lower maximum annual

discharge limit for the structures to be enforced by DER.

Additional actions, such as regulatory measures and increased STA

acreage, as appropriate from the empirical data on performance of

each program, will be required by either DER or the District to

meet the lower discharge limit.

Appendix B-5

COMPLIANCE REVIEW

A panel of scientists designated by the TOC will track and

evaluate compliance with all aspects of state water quality

standards including the phosphorus limits, concentration levels and

criteria. The represented agencies may request technical

assistance from others.

An exceedance occurs if the 14 station mean concentration is

greater than the computed concentration level two or more times in

any 12 consecutive sample collections. Based upon review of

monthly trends for the 14 station mean and other relevant

information, the TOC members will forward their opinions and

recommendations to their respective agencies for relevant action.

An exceedance will constitute a violation of this Agreement and

relevant water quality criteria unless the TOC determines there is

substantial evidence that it is due to error or extraordinary

natural phenomena.

If fewer than three sampling date geometric means collected

within the past 12 consecutive sampling periods are below the mean

baseline period, then the panel will be convened to review

monitoring data and assess the potential causes and recommend

changes in the total phosphorus levels as necessary to meet the

objectives of this Agreement.

Appendix B-6

Attachment I - Interim Marsh Concentration Levels for Loxahatchee

National Wildlife Refuge

Interim Marsh Concentration Levels:

C=11.9187 - .603261*S + 1.372*sqrt[7.5311 - .9247*S + .02882758*S²]

Terms:

C = The natural log of the geometric mean total phosphorus

concentration across 14 marsh stations (CA1-3 to CA1-16).

S = Average stage measured at gauges CA1-9, CA1-7, and CA1-8C on

sampling date (feet)

This equation is applicable over a stage range of 15.42 to

17.14 feet. If the stage on any sampling date exceeds 17.14 feet,

concentration levels. The concentration levels should not apply to

dates when the average stage is less than 15.42 feet.

Appendix B-7

Attachment II - Long Term Marsh Concentration Levels for

Loxahatchee National Wildlife Refuge

Long Term Marsh Concentration Levels:

C = 10.7172 - .541156*S + 1.372*sqrt[7.5819 - .9310*S .02902216*S²]

Terms:

C = The natural log of the geometric mean total phosphorus

concentration across 14 marsh stations.

S = average stage measured at gauges CA1-9, CA1-7, and CA1-8C on

sampling date (feet)

This equation is applicable over a stage range of 15.42 to

17.14 feet. If the stage on any sampling date exceeds 17.14 feet,

a stage of 17.14 feet should be used in calculating the long term

concentration levels. The equation shall not apply to dates when

the average stage is less than 15.42 feet.

                                                                                                  Appendix C-1

APPENDIX C

STORMWATER TREATMENT AREAS (STAs)

The control program described below and in Appendix E is

anticipated to meet interim and long term concentration levels and

limits for Everglades National Park (Park) and Loxahatchee National

Wildlife Refuge (Refuge). The control program is designed to

achieve approximately and 80% reduction in phosphorus loads from the

Everglades Agricultural Area (EAA) to the Everglades Protection

Area (EPA) by July 1, 1997 and greater than an 85% reduction in

phosphorus loads to the Refuge by July 1, 2002, relative to average

annual loads measured in Water Years 1979 through 1988. This

objective can be achieved through the combined use of agricultural

best management practices (BMPs) and stormwater treatment areas

(STA's) designed and operated to maximize phosphorus removal.

Key assumptions for sizing STAs:

The sizes and locations of the STAs have been determined based

upon the following assumptions:

1)     It is assumed that the BMP Regulatory program will

achieve a 25% load reduction from each EAA watershed. The 25%

load reduction will be assured through performance limitations

associated with the BMP Regulatory Program. This represents

a realistic estimate of the efficiency of a BMP program in

removing phosphorus based upon BMP research conducted by the

Institute of Food and Agricultural Science.

2)     It is assumed that water retention (i.e. water lost to

surface water flow downstream from the EAA) due to

Appendix C-2

implementation of BMPs will equal 20% of the total base flow

that was discharged from the EAA from 1979 through 1988.

3)     Based upon worldwide experience with whole-system wetland

treatment areas, the STAs should be capable of removing

approximately 70% of their influent phosphorus loads. A

further load reduction of approximately 6% is expected to

result from conversion of existing agricultural lands into

STAs. The combined load reductions attributed to land-use

changes (6%), BMP's (25%) and STAS (70%) applied in series can

therefore be reasonably expected to achieve a total reduction

of approximately 80% relative to the amount of phosphorus that

was historically discharged from the EAA in the EPA.

4)     It is assumed that an effective settling rate for total

phosphorus of 8 meters/yr will characterize phosphorus uptake

within the STAs. This settling rate is based upon historical

uptake rates estimated for the WCA-2A system (which is not

managed to maximize nutrient uptake) and is supported by long-

term performance data from wetland treatment systems

worldwide.

5)     The initial size calculations are based on the assumption

that the volume of flows experienced during the 1979 to 1988

base period from each tributary basin would be treated with no

hydraulic bypass during storm events (i.e. all water gets

treated).

6)     For modeling purposes, the historic nutrient load and

flow from each basin was reduced to account for (a) low-flow

Appendix C-3

water-supply deliveries (canal flows released from Lake

Okeechobee which do not impact WCA marshes) and (b) land taken

out of agricultural use for construction of the treatment

systems.

7)     The long term average performance of the STAs is

predicted using water and phosphorus balances which consider

watershed inflows, direct rainfall on STA surfaces, evapo-

transpiration, atmospheric phosphorus loads, phosphorus

uptake, and outflows.

Estimated STA performance:

Based on overall phosphorus loads and flows estimated to

result from implementation of the STAs and BMP program, the

combined flow-weighted mean concentration in discharges from S5A,

S6, S7, S150, and S8 will be reduced from 168 ppb to 50 ppb.

Accordingly, the STAs are located and sized to deliver a uniform

long term annual flow-weighted mean concentration of 50 ppb or less

at each inflow point to the EPA. Accomplishment of this objective

will provide an overall load reduction of approximately 80% from

the EAA into the EPA and a load reduction of at least 85% from the

EAA into the Refuge. The District shall take mitigation measures

such as declaring water shortage, implementing supply side

management, releasing water from Lake Okeechobee, reducing water

retention in the EAA or adding flow from east of the EPA to offset

flow reduction to the EPA.

Appendix C-4

STA Size Estimates:

Table 1 provides an estimate of the effective treatment areas

of STAs. The sizes and configurations of STAs are designed to

achieve an outflow concentration of approximately 50 ppb at each

STA outflow point. These STA acreages and the BMP Regulatory

Program provide the control programs which are anticipated to meet

both the interim and long term Refuge and Park phosphorus limits

and concentration levels. However, notwithstanding implementation

of these control programs, if the Park or Refuge phosphorus limits

or concentration levels are violated, then additional remedies will

be taken, such as expansion of STAs, more intensive management of

STAs, a more stringent EAA Regulatory Program, or a combination of

the above. The State Parties shall not implement more intensive

management of the STAs as the sole additional remedy.

Table 1. STA Effective Area

Operational Considerations:

Operational flexibility may be required, in order to divert

flows from one basin to another (e.g. S8 & S6 to STA-3) in order to

make optimal use of the total effective treatment area of wetlands

within the STAs and distribute water of uniform phosphorus

concentrations across EPA inflow points. The sizes and

configurations of STAs 2, 3, and 4 may be adjusted, after a more

Appendix C-5

detailed engineering analysis of the system has been completed.

The total acreage of these three STAs will not be reduced. This

analysis will determine optimal methods for routing water within

and between the S-6, S-7 and S-8 basins to make most effective

use of the STAs and to ensure that all of the runoff is treated. STAs

2, 3, and 4 will be operational by July 1, 1997. With respect to

STA-1, 7,400 acres of effective treatment area will be operational

by July 1, 1997. The District will construct an additional 4,400

acres of effective treatment area by July 1, 2002 if the year 2002

Refuge long term concentration levels or Class III criteria,

whichever is lower, are not met by July 1, 2000.

The District will also design and implement control programs

for other watersheds outside of the EAA discharging into the EPA,

including L3, S140, L28I.

Sensitivity of Treatment Area (Acreage) to BMP Performance

The above treatment areas assume that the BMP regulatory

program will achieve a 25% reduction in phosphorus loads from each

basin. Table 2 lists the treatment areas which would be required

to achieve a 50 ppb concentration at EPA inflow points for other

assumed BMP performance levels:

Table 2.     Effective Treatment Areas (1000 Acres) Required to
                   Achieve 50 ppb at EPA Inflow Points

BMP Performance

Appendix C-6

If the BMP program achieves a 15% reduction in phosphorus load

(instead of the assumed 25%), an additional 3,800 treatment acres

would be required to meet 50 ppb. If the BMP program does not

achieve the predicted load reduction, up to 9,300 additional acres

would be required.

Control Program to Achieve Compliance with Class III Criteria

The research program will provide additional data to support

the interpretation of Class III water quality criteria for the

Refuge, Park, and the WCA's. Modification of the control program

to achieve Class III criteria will reflect new information obtained

in the research program and observed performance of the BMP's and

STAs in the interim phase of the control program. Table 3 provides

hypothetical estimates of the additional treatment acreage (beyond

the 32,600 acres prescribed in the above plan) which may be

required to achieve discharge concentrations of 40, 30, and 20 ppb

total phosphorus for various levels of observed BMP and STA

performance.

Appendix C-7

Table 3.     Additional Effective Treatment Areas (1000 Acres) Beyond
                  the Above Control Program (32,600 Acres) Required to
                  Achieve Total Phosphorus Discharge Concentrations

For example, if the BMP's and STAs perform according to design

assumptions, (25% BMP reduction, Settling Rate = 8 m/yr), an

additional effective treatment area of 15,00 acres would be

required to achieve a total phosphorus discharge concentration of

30b ppb at EPA inflow points. If low performance is demonstrated

for both controls (15% BMP reduction, Settling Rate = 6 m/yr), an

additional treatment area of 36,500 acres would be required to

achieve 30 ppb. Similar dependencies exist for other total

phosphorus discharge concentrations.

                                                                                                  Appendix D-1

APPENDIX D

RESEARCH AND MONITORIING PROGRAM

The State Parties shall initiate a comprehensive, long-term,

multi-agency cooperative research and monitoring program. Planning

for this research and monitoring program will be completed within

six (6) months after settlement and implemented according to a

schedule established by the TOC. The State Parties shall primarily

be responsible for the research and monitoring program with support

from the United States. The National Park Service, the U.S. Fish

and Wildlife Service, the USEPA and the Corps will assist in the

research and monitoring. For example, funds available under

section 319 of the Clean Water Act can be granted to the State

Parties by USEPA in support of approved monitoring programs to

assess effectiveness of BMPs and STAs.

RESEARCH PLAN

The research objectives will be to assess the current and

continuing responses of the Everglades wetlands to nutrient inputs

from cultural eutrophication, and to determine maximum levels of

nutrients that will not cause imbalances in natural populations of

aquatic flora and fauna (Florida Class III Water Quality

Standards). Research to determine the Class III criteria for the

Park, Refuge, and Water Conservation Areas shall begin no later

than July 1, 1992, and final reports shall be completed no later

than July 1, 1997.

This program shall include the following minimum components to

achieve the above objectives:

Appendix D-2

1)     Initiate, develop, collect appropriate additional data

for and complete detailed modeling efforts to measure quality

and quantity impacts of system operation and alternatives for

the purpose of improving water quality in the Everglades

system. Detailed nutrient modeling for the Refuge, Water

Conservation Areas (WCA's), Park, C-111 Basin and Northeast

Shark River Slough shall incorporate the best available

scientific information on nutrient dynamics (including peat

accretion rates; soil uptake kinetics; macrophyte and

periphyton uptake kinetics; and total phosphorus transport

mechanisms, including storage and transport in shallow

seepage) to determine the fate of introduced nutrients and

trends. Similar budget models must be prepared for Stormwater

Treatment Areas (STAs), with emphasis given to the

interrelationships between water management and water quality

in determining the effectiveness of these systems. Each model

shall be designed to predict changes in outflow water quality

likely to result from changes in inflow water quality and

quantity in the WCAs and to predict and assess the long-term

success of nutrient management strategies in achieving water

quality criteria.

2)     Develop a research program to determine the existing

conditions and if additional damage in the Refuge and Park

marshes has occurred due to interim delivery levels of total

phosphorus or if reversals of damage are evident.

3)     Develop a program that will include experimental

Appendix D-3

approaches to interpret the Class III nutrient criterion

regarding imbalances of flora and fauna. Determine if

concentration standards provide sufficient protection against

imbalance or whether limitations on phosphorus loads into the

Park and Refuge are required. An array of indices will be

used to measure sensitivity of the ecosystem to small changes

in nutrients. These will include nutrient cycling processes

and the basic components of the Everglades ecosystem, such as

periphyton, and other sensitive indicators of nutrient

enrichment.

4)     Contingent upon availability of leased or private lands,

develop and initiate research to measure performance and

improve field efficiency of BMPs. During implementation,

control areas (with conventional cropping systems) should be

used to determine BMP effectiveness in controlling total

phosphorus losses and water reductions. Water sampling design

must allow for close monitoring of performance of the

individual management practices and represent the range of all

field conditions. Performance results will be used to shape

further development of management options, and further

training of farmers, if needed.

MONITORING PLAN

The monitoring program shall include water quality and

biological monitoring at interior marsh stations and downstream of

all structures discharging into the Refuge, WCAs, and Park,

including the Holeyland, Northeast Shark River Slough, Taylor

Appendix D-4

Slough and C-111 Basin. The objective of the monitoring is to

measure effectiveness of the total phosphorus limits and

concentration levels and document evidence of further disturbances,

or recovery processes, in the Refuge, Water Conservation Areas, and

Park.

This monitoring program shall conform to the following minimum

requirements:

1)     Water quality monitoring shall include timely data on

flows, stages, routine water quality parameters,

pesticides/herbicides, and heavy metals. This may necessitate

use of provisional or unofficial data for calculation of

flows, stage data, and flow weighted calculations. Actual

values may change after verification. All water control

structures for the Refuge, the Park, and the WCAs will be

monitored as is done by the present SFWMD CAMB, ENP, and LEC

programs. Monitoring will be extended to any new water control

structures added to the delivery system. The monitoring

program shall include water quality sampling every other week

at all Park and Refuge delivery points and at representative

internal marsh stations including monthly sampling at the 14

permanent Refuge stations. The District's current water

quality monitoring program shall continue with emphasis on

total phosphorus, orthophosphate, ammonia, nitrate/nitrite,

total nitrogen, chlorophyll-a, alkaline phosphatase, physical

parameters, ions, heavy metal (especially mercury), and

pesticides/herbicides. A plan for limiting

Appendix D-5

pesticide/herbicide and heavy metals analysis to a range of

representative compounds and sampling locations can be

considered.

2)     In order to adequately assess Refuge and WCA nutrient

inputs and outputs and Park nutrient inputs, the monitoring

program shall include water quality monitoring of discharges

at all relevant structures, monitoring of the nutrient content

of atmospheric deposition in the Everglades system and

monitoring of agricultural discharge quality. Atmospheric

deposition will be monitored at selected sites in the EAA,

WCAs, the Refuge, and the Park. The same field sampling and

laboratory protocol will be employed at all sites.

3)     Monitoring shall be implemented to identify variation

(temporal and spatial) in biological and water quality

parameters along transects in the WCAs, Park, and Refuge

originating at major surface water inflow points and

continuing along flow gradients. This must include

representative transects in Shark River Slough, Taylor Slough,

and in background areas of the Park and Refuge. Parameters

monitored will include, at a minimum: routine water quality

parameters in surface water samples; soil nutrient content,

redox potential, and phosphatase activity; including major

indicators of periphyton community composition.

4)     All monitoring programs must have ad DER approved QA/QC

plan in place with 9 months of the date of this Agreement.

Appendix D-6

Any proposed changes in field sampling protocol or laboratory

procedure must be justified and brought to the attention of

the TOC for approval before implementation. The sampling

designs, frequency, analytical methodology, and QA/QC

protocols employed in the monitoring program shall be subject

to mutual acceptance by all parties. The overall objective

will be to maximize the accuracy and precision of the

monitoring data, while insuring that any new sampling

techniques or analytical procedures a will not introduce biases

relative to the historical monitoring data upon which the

limits are based. The plan should include measurements of

concentrations due to contamination during field sampling and

processing as well as laboratory analysis, and comparison of

these levels to interim and long-term standards.

REVIEW AND OVERSIGHT

The TOC will designate a panel for review, oversight and

interpretation of the research and monitoring program. The purpose

of this panel is to:

1)     Review QA/QC documentation and requirements for

consistency and approve modifications necessary to insure

accuracy and quality of data collection, analysis, and

interpretation,

2)     Review and define suitability of measurement parameters

and experimental designs,

3)     Establish priorities within each component of research

and monitoring program, and

Appendix D-7

4)     Review any proposed monitoring and research for

consistency with objectives as defined in these Appendices or

recommend modifications to objectives, experimental design,

and monitoring based on analysis of results.

 

                                                                                                  Appendix E-1

APPENDIX E

EVERGLADES AGRICULTURAL AREA

REGULATORY PROGRAM

I.     Background

A.     The goal of the regulatory strategy is to reduce present

total phosphorus loads from the EAA to each Stormwater Treatment

Area (STA) by at least by 25% by February 1996. An interim target

reduction of 10% in total phosphorus loads from the EAA will be

required by February 1994.

B.     The District will have all sources in the EAA under

either individual or master permits by July 1993. All sources must

comply with all permit conditions by February 1996. If permits are

not issued by July 1, 1993 or compliance is not achieved a by

February 1996, the District will institute appropriate compliance

and enforcement action.

C.     Achieving a 25% reduction through the application of BMP's

will require a regulatory program that includes at least the

following elements:

1.     Development and implementation of BMPs

2.     Permitting

3.     Monitoring

4.     Enforcement

The basic concepts of the regulatory program are to maintain

water levels elevated in the organic soils to reduce oxidation and

release of phosphorus, and to apply only sufficient phosphorus to

maintain crop productivity and thereby eliminate excess phosphorus

Appendix E-2

as much as possible.

D.     Owners of contiguous land may submit a single application

for Master Permit; however phosphorus load allocations will be

based on the basin and corresponding STA to which the land is

tributary.

II. Implementation

A.     The effective date of the rule should be no later than

May 31, 1992, (based on rule adoption in April 1992) if the rule

making process remains on schedule. Any challenges received will

delay the effective date only by the amount of time necessary to

complete the challenge process.

B.     Permit applications must be submitted and completed in

time for final agency action on them to take place by July 1993.

III. Conditions For Issuance for Individual or Master Permits.

A.     An applicant entity must demonstrate enforcement

authority and the ability to carry out all acts necessary to

implement the terms and conditions of the permit.

B.     The applicant will be required to not exceed the

phosphorus load allocation as specified in section VI B. to be

applied as a moving annual average. This requirement is in

addition to successful implementation of the applicant's approved

BMP program. Notwithstanding the BMP program, the applicant is

still responsible for achieving the required phosphorus load

allocation.

C.     An applicant will be required to institute a BMP Program

that will meet the required interim and long term phosphorus load

Appendix E-3

allocations. Compliance with these load allocations should result

in the interim and long term (1996) target reductions o f 10% and 25%

respectively in total phosphorus load from the EAA being achieved.

The BMP Program must include the following elements:

1.     An acceptable fertility and water management plan for

each crop, combination of crops or farming units.

2.     An acceptable design for water management including field

water management strategies, description of infrastructure,

inter-and intra-operation water routing, probable volume and

timing of discharge, and expected nutrient recovery. The application

must include procedures for monitoring system

performance.

3.     An acceptable monitoring plan to verify BMP

performance and implementation.

4.     An acceptable schedule to begin implementing the BMP

program and measuring compliance within one year of permit

issuance. Fertility management planning and other operational

management BMPs shall be in place by the fall of 1993.

Structural changes shall be presented to the SFWMD in 1994 and

installed by 1995. In order to achieve the load allocations

all BMPs shall be operational by 1996.

5.     An acceptable education and training program for

management and operational staff to implement and monitor the

approved BMP program.

6.     The applicant can submit alternative BMP designs if they

can be shown to be equally effective.

Appendix E-4

D.     The applicant will be required to submit an acceptable

water quality monitoring plan that documents:

1.     Compliance with annual load allocation;

2.     BMP implementation and operation;

3.     BMP effectiveness (BMP research can be used to supplement

        data where appropriate);

4.     Identification of high episodic phosphorus events.

The plan must monitor flow and total phosphorus concentration

discharged from the permitted area on a continuous basis, as

required by the District. Sampling must be conducted by qualified

individuals, and samples must be analyzed by a certified laboratory

with a DER approved QA/QC plan.

IV.     Content of Application for Individual or Master Permits.

A.     An application for a Master Permit must include

information that demonstrates the applicant entity possesses the

authority and the ability to carry out all acts necessary to

implement the terms and conditions of the permit, including

enforcement authority. At a minimum, the application must include:

1.     Clear delineation of the are contained in the permit;

2.     Interlocal agreements with municipalities and other

entities of local government, as necessary;

3.     Written contracts with landowners, as necessary.

B.     Each application must include a BMP program with the

following elements:

1.     A fertility and water management plan for each crop,

combination of crops or farming units.

Appendix E-5

2.     A design for water management, including field water

management strategies, description of infrastruture, inter-

and intra-operation water routing, probable volume and timing

of discharge, and expected nutrient recovery.

3.     A monitoring plan to verify BMP performance and

implementation.

4.     An education and training program for management and

operational staff to implement and monitor the approved BMP

program.

5     A schedule for implementing the BMP program and

monitoring plan within one year of permit issuance. The

schedule must require fertility management planning and

the operational management BMPs to be in place by the

fall of 1993; structural changes to be presented to the

SFWMD in 1994 and installed by 1995; and all BMPs to be

operational by 1996.

6.     Alternative BMP designs, if they can be shown to be

equally effective.

C.     A monitoring plan to provide for monitoring flow and

total phosphorus concentration discharged from the permitted area

on a continuous basis, as required by the District. The plan must

provide for sampling to be conducted by qualified individuals, and

for samples to be analyzed by a certified laboratory with a DER

approved QA/QC plan.

V.     Limiting Conditions

A.     The permittee must successfully implement all elements

Appendix E-6

and requirements of the approved BMP program.

B.     The applicant must achieve the required phosphorus load

allocation. Total phosphorus allocations (lbs/acre/yr) for permits

within the S-5A, S-6, S-7, and S-8 basins will be calculated

individually for each basin. Basin historical areal export rate

for each basin will be calculated by dividing the basin (i.e. pump

station) average annual total phosphorus load for Water Years 1979-

88 (less the load associated with water supply deliveries to the

Lower East Coast and less the load associated with the lands to be

used for STAs) by the contributory area for each pump station. The

contributing area will not include lands to be used for STAs and

public preservation lands which are not actively drained. The 1994

interim load allocation will be calculated by multiplying the

historical areal export rate by 0.90. The 1996 load allocation

will be calculated by multiplying the historical areal export rate

by 0.75.

C.     The permittee must annually submit an implementation

status report on their approved plan for achieving water quality

objectives, and report result of water quality sampling and flow

measurements.

D.     The permittee must implement the monitoring program

adequately to ensure that the following are documented:

1.     Compliance with annual load operation;

2.     BMP implementation and operation;

3.     BMP effectiveness (BMP research can be used to supplement

data where appropriate);

Appendix E-7

4.     Identification of high episodic phosphorus events.

Flow and total phosphorus concentration discharged from the

permitted area must be monitored on a continuous basis, as required

by the District. Quarterly and annual report of results must be

submitted to the District. Sampling must be conducted by qualified

individuals, and samples must be analyzed by a certified laboratory

with a DER approved QA/QC plan.

E.     Each permittee will be required to submit an annual

report to the District summarizing BMP implementation and

associated monitoring to evaluate BMP effectiveness. Each

permittee will be required to submit a summary of required

activities including BMP installation, BMP operation activities

(pertinent to water management and nutrient management), water

quality assurance audits, and intra-operation water quality checks.

This summary will be produced for the appropriate operational

scale.

F.     Each permittee will be required to maintain appropriate

records as part of the permit.

VI.     Compliance and Enforcement

A.     The intent is to identify critical problems before non-

acceptable loads occur.

B.     Compliance with total phosphorus load allocation will be

determined by measuring flow and concentration at the applicant's

property boundary, with adjustment for hydrologic variability with

respect to the 10-year base period such as an adjustment for

rainfall made considering that year's rainfall versus average.

Appendix E-8

annual rainfall over the 10-year base period.

C.     The District will audit BMP implementation by permittees.

The District will establish reporting and monitoring protocols and

will describe the audit procedure. Each permittee is required to

maintain appropriate records as part of the permit.

D.     The District will monitor:

1.     Quantity and quality of water discharged by each

permittee sufficient to verify with reasonable certainty that

the permittee monitoring program is adequate.

2.     BMP performance at selected sites.

E.     If a permittee exceeds its permitted areal phosphorus load

allocation for February 1994 of 1996, the permittee shall:

1.     Present a plan for monitoring all pumping and

discharge facilities within the permitted area for flow

and concentration on a continuous basis;

2.     Submit a proposed compliance plan and schedule (including

additional BMP designs) which will bring the permittee into

compliance within 6 months.

3.     The District shall review the plan and schedule, and:

a.     If acceptable, will amend the permit

accordingly;

b.     If unacceptable will impose penalties or

take whatever enforcement actions are

appropriate, including but limited to

those set forth in Sections 373.044, 373.083.

373.119, 373.129, 373.136, 373.603, F.S., and

Appendix E-9

Chapter 40E-1, F.A.C.

Section 373.044, F.S., authorizes the governing board to make

and adopt reasonable rules, regulations, and orders which may be

enforced by mandatory injunction or other appropriate action in the

courts of the state.

Seletion 373.083, F.S., authorizes the governing board to issue

orders to implement or enforce any of the provisions of or

regulations adopted pursuant to Chapter 373, F.S.

Section 373.119, F.S., authorizes the executive director of

the District to serve administrative complaint and orders

prescribing corrective action whenever there is reason to believe

that a violation of the provisions of or regulations adopted

pursuant to Chapter 373. F.S., has occurred, or is about to occur.

The order becomes final unless the person served requests a hearing

within 14 days. The executive director, with concurrence of the

governing board, may issue emergency orders requiring immediate

compliance if they find that immediate action is needed to protect

the public health, safety, or welfare.

Section 373.129, F.S., authorizes the department, the

governing board, and any local board to commence actions in courts

for the following purposes:

(1)     To enforce rules, regulations, and orders;

(2)     To enforce violations of the provisions of or regulations

adopted pursuant to Chapter 373. Florida Statues;

(3)     To protect and preserve the water resources of the state;

(4)     To defend actions pertaining to the water resources of

Appendix E-10

the state;

(5)     To recover civil penalties up to $10,000 per offense;

Each date during which a violation occurs is a separate

offense;

(6)     To recover investigative costs, court costs, and

reasonable attorney's fees.

Section 373.136, F.S., authorizes the governing board to

enforce its regulations and orders by suit for injunction or other

action in the courts of the state.

Section 373.603, F.S., authorizes the department or the

governing board to enforce the provisions of and regulations

adopted pursuant to Chapter 373. F.S., to the same extent as any

peace officer is authorized to enforce the law.

Chapter 40E-1, F.A.C., contains general and procedural

provisions adopted as rules by the governing board.

Part V of F.A.C. Chapter 40E-1 addresses decisions determining

substantial interests (formal and informal administrative

hearings). Part VI addresses permits. Section 40E1.611, F.A.C.,

covers emergency action. Section 40E-1.612 covers

administrative enforcement action.