SWC Rules, Chapter B, Part 19

SWC Rules, Chapter B, Part 19

Approved Sept., 21, 1994

Ratified Jan. 12, 1995

PART 19.

TRANSPORTATION SAFETY PERMITS

Section 19.1 Purpose of Transportation Safety Permit Program

Section 19.2 Definitions

Section 19.3 Delegation of Authority

Section 19.4 Disposal Prohibited; Transportation Permits Required

Section 19.5 Applicability

Section 19.6 Standardized Forms

Section 19.7 Information to be Provided by Applicants

Section 19.8 Application Fees

Section 19.9 Time Limit for Action by Director

Section 19.10

Decisions by the Commission

Section 19.11

Permit Limitations

Section 19.12

Temporary Permits Issued by Director

Section 19.13

Display of Permits

Section 19.14

Enforcement

Section 19.15

Civil Penalties

Section 19.16

Hearings and Appeals

Section 19.17

Public Notice

[AUTHORITY: This Part is based on Part 19 of Subtitle B of the Code and on the authority of

the Commission to issue procedural rules pursuant to Subtitle A of the Code. This Part was

adopted by the Commission on Sept. 21, 1994, with the understanding that it would take

effect upon ratification by the Tribal Council. This Part was ratified by the Tribal Council on

Jan. 12, 1995, in Resolution C-95-95.]

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SWC Rules, Chapter B, Part 19

Approved Sept., 21, 1994

Ratified Jan. 12, 1995

SECTION 19.1

PURPOSE OF TRANSPORTATION SAFETY PERMIT PROGRAM

These regulations implement Section 19 of the Tribal Water Code

(hereinafter referred to as "the Code"). The purpose of Section 19 is to prohibit the

disposal and regulate the transport of sewage sludge within the boundaries of the

Seminole Reservations in a manner which ensures safe on-Reservation transport,

as well as off-Reservation disposal practices, and thereby prevents violations of

Tribal Water Quality standards. The Tribal permit program as set forth in this Part

requires vehicle owners or operators to apply to the Tribal Water Commission for a

permit authorizing the transport of sewage sludge within the boundaries of the

Seminole Reservations. The permit application process is designed to prevent the

occurrence of spills on Reservation lands due to negligent transport and disposal

practices, and to monitor impacts on waters within Reservation boundaries which

are caused by the final off-Reservation disposal of sewage sludge.

SECTION 19.2 DEFINITIONS

Sewage Sludge defined. For purposes of Section 19 of the Code and this

Part, the term "sewage sludge" includes the meaning given that term under the

rules established by EPA pursuant to section 405 of the Clean Water Act, 58

Fed.Reg.9387 (Feb. 19, 1993) (to be codified at 40 C.F.R. Part 503), and the term

"domestic wastewater residuals" as defined in Chapter 17-640.200(10) of the

Florida Administrative Code (F.A.C.).

EPA Regulations define "sewage sludge" as "solid, semi-solid, or liquid

residue generated during the treatment of domestic sewage in a treatment

works. Sewage sludge includes, but is not limited to, domestic septage;

scum or solids removed in primary, secondary, or advanced wastewater

treatment processes; and a material derived from sewage sludge. Sewage

sludge does not include ash generated during the firing of sewage sludge in

a sewage sludge incinerator or grit and screenings generated during

preliminary treatment of domestic sewage in a treatment works."

Florida Administrative Code defines "domestic wastewater residuals" in

Chapter 17.640.200(10) as "the solid, semisolid, or liquid residue removed

during the treatment of municipal wastewater. Not included is the treated

effluent or reclaimed water from a domestic wastewater treatment plant."

Owners and Operators defined. For purposes of this part, an "owner" of

a vehicle is defined as the individual, corporation, or business enterprise which is

the registered owner of such vehicle under the law of the State in which the vehicle

is registered. For purposes of this part, an "operator" of a vehicle is defined as any

individual who is in control of such vehicle within Reservation boundaries whether

or not that person is acting as an agent of the vehicle owner or as an independent

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SWC Rules, Chapter B, Part 19

Approved Sept., 21, 1994

Ratified Jan. 12, 1995

contractor.

SECTION 19.3 DELEGATION OF AUTHORITY

The Seminole Water Commission, pursuant to its authority under Subtitle B,

Section 19.4 of the Code, delegates to the Director the authority to administer the

permit application process and to make recommendations to the Commission

based on the information obtained from the applicant and reviewed by the Director

pursuant to the requirements set forth in this Part.

SECTION 19.4 DISPOSAL PROHIBITED; TRANSPORTATION PERMITS REQUIRED

(a) Disposal Prohibited. Disposal of "sewage sludge", as defined by

reference in section 19.2 of this Part, on lands or waters within the boundaries of

the Reservations is prohibited. Any person(s) found to be in violation of this

subsection, whether such violation is negligent or intentional, will be subject to the

civil penalties set forth in Section 19.15 of this Part.

(b) Permit Requirement. Any motor vehicle which weighs in excess of

2,500 pounds when loaded and which is used on roads within Reservation

boundaries to transport "sewage sludge" as defined by reference in section 19.2 of

this Part, must possess a Tribal Transportation Safety Permit issued by the

Commission. No such vehicle without a permit shall be authorized to use roads

within the boundaries of the Reservations. Any person(s) found to be in violation

of this subsection will be subject to the civil penalties set forth in section 19.15 of

this Part.

SECTION 19.5 APPLICABILITY

Owners and Operators. Compliance with the requirements set forth in this

Part is required for all owners or operators of any motor vehicle described in

Section 19.4(b) above.

SECTION 19.6 STANDARDIZED FORMS

The Director shall prepare standardized forms, subject to the approval of

the Commission, for use in making all applications for Transportation Safety

Permits.

SECTION 19.7 INFORMATION TO BE PROVIDED BY APPLICANT

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SWC Rules, Chapter B, Part 19

Approved Sept., 21, 1994

Ratified Jan. 12, 1995

(a) Purpose of Requiring Information. The applicant must provide

sufficient information in the application to permit the Director and the Commission

to determine whether the planned activity is consistent with Subtitle B of the Tribal

Water Quality Code (hereinafter referred to as "the Code") and the rules issued

pursuant to the Code.

(b) Documents to be Submitted. The Director is authorized to require a

copy of each document submitted by the applicant to the Florida Department of

Environment Protection pursuant to State regulations governing the application of

domestic wastewater residuals to land, Ch. 17-640, F.A.C., including copies of the

following documents:

(1) The Agricultural Use Plan or Dedicated Site Plan for the final

application site;

(2) The most recent annual update of the Agricultural Use Plan

submitted by the applicant to the DEP;

(3) If specifically requested by the Director, the application log book

maintained for the site location which the applicant has indicated as the

final application site for the sewage sludge/domestic wastewater residuals;

(4) All inspection records maintained by DEP compliance officers;

(5) Manifest between hauler and generator;

and

(6) Generator annual reports and Standard Operating Procedures;

(7) Samples and domestic wastewater residuals analysis performed

in accordance with U.S. EPA publication, POTW Sludge Sampling and

Analysis Guidance Document 1989.

SECTION 19.8 APPLICATION FEE

The application fee for the owner or operator of a single vehicle shall be

twenty-five hundred dollars ($2,500), payable to the Tribe, to cover the cost of

processing such application. Any amount in excess of such costs shall be

deposited in a separate account to be used by the Department to conduct studies

and further efforts necessary to prevent impacts on Reservation waters related to

the transport and disposal of sludge/domestic wastewater residuals. On request

by the Director, the Commission may approve a reduction or waiver of the

application fee in appropriate circumstances.

SECTION 19.9 TIME LIMIT FOR ACTION BY DIRECTOR

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SWC Rules, Chapter B, Part 19

Approved Sept., 21, 1994

Ratified Jan. 12, 1995

(a)

Set agenda. Within ten (10) days from the date of receipt of a

completed application, the Director shall set a date for consideration of such

application by the Commission. The date set for consideration shall be no less

than thirty (30) days, and no more than ninety (90) days from the date of receipt of

such application by the Director.

(b)

Provide recommendation.

The Director shall make

recommendations to the Commission with regard to the issuance or denial of a

one-year permit. The recommendation of the Director shall be accompanied by an

oral report to the Commission which provides the basis for the recommendation

and all documents provided by the applicant to date, pursuant to Section 15.6 of

this Part, shall be provided to the Commission.

SECTION 19.10

DECISIONS BY COMMISSION

The Commission shall consider any application for a Transportation Safety

Permit at a regularly scheduled meeting of the Commission, following the

procedures for making decisions on permit applications in section 1.9 of the

Commission's Rules. The Commission shall provide a written decision to the

applicant, granting or denying the Transportation Safety Permit application.

SECTION 19.11

PERMIT LIMITATIONS

(a) Non-transferable. Permits issued by the Commission and the

Department pursuant to this section will extend authorization only to the vehicle

specified in the issued permit and such permit may not be transferred for use by

another vehicle. The owner or operator of a fleet of vehicles may file a single

application covering an entire fleet, provided the application contains sufficient

information for the Commission to treat each vehicle separately.

(b) One-year permit period. Permits issued by the Commission pursuant

to this section will extend authorization to the vehicle specified in the permit for a

period not to exceed one (1) year, including any period for which a temporary

permit is issued by the Director pursuant to subsection 19.8 of the Code and 19.11

of these Rules. The Commission may issue a permit for less than one (1) year in

cases where the Commission determines that a shorter authorization period is

appropriate to protect the health or safety of the Tribe and its members.

SECTION 19.12

TEMPORARY PERMITS ISSUED BY DIRECTOR

The Director is authorized to issue temporary permits in situations where

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SWC Rules, Chapter B, Part 19

Approved Sept., 21, 1994

Ratified Jan. 12, 1995

the Director determines that the activities of the applicant are not likely to result in

harm to the health or safety of the Tribe or to the water resources of the

Reservations during the term of the temporary permit and that there exists a

substantial likelihood that the Commission will grant a permit to the applicant. The

temporary permit shall take effect on the date it is issued by the Department and

shall automatically expire sixty (60) days from the date of its issuance or on the

date the Commission makes a decision to grant or deny the permit, whichever

occurs first.

SECTION 19.13

DISPLAY OF PERMITS

Any permit issued to a vehicle pursuant to this section shall contain

information which specifically identifies the permitted vehicle and such permit shall

be visibly displayed on the permitted vehicle at all times it is within the Reservation

in a manner to be prescribed by the Director.

SECTION 19.14

ENFORCEMENT

(a) Enforcement by the Director. The Director is authorized to enforce

this section pursuant to Chapter A, Part 4 of the Commission's Rules. Any person

who is issued a citation by the Director shall have the right to a hearing before the

Commission prior to the imposition of civil penalties, except that in the case of civil

forfeitures, the Director is authorized to seize property immediately pursuant to

subsection 19.15(c), and siezed property shall be held by the Seminole

Department of Law Enforcement pending the outcome of a hearing. Hearings

following civil forfeiture actions shall be conducted in accordance with the

requirements and procedures set forth in Chapter A, Part 4, Section 4.6, and Part

5, Section 5.1, of the Commission's Rules.

(b) Cease and Desist Orders. In addition, where the Director finds that a

violation of this Part, or the violation of the terms of a permit issued pursuant to this

Part, poses an immediate threat to the water resources of the Reservations, or the

health or welfare of the Tribe and its members, the Director is authorized to issue

to any violator, on behalf of the Tribe, a Temporary Order to Cease and Desist,

and the Director has authority to take immediate action to exclude the violator from

entry onto the Reservation. The Director may seek the assistance of the Seminole

Department of Law Enforcement to enforce a Temporary Order to Cease and

Desist.

(c) Limit on Temporary Orders. The Director must apply to the

Commission Chairman for an Order to Cease and Desist within seventy-two (72)

hours after issuing a Temporary Order to Cease and Desist. If the Director fails to

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SWC Rules, Chapter B, Part 19

Approved Sept., 21, 1994

Ratified Jan. 12, 1995

do so or if the Commission Chairman fails to issue such an order within the

seventy-two-hour time limit, the Temporary Order expires automatically.

SECTION 19.15

CIVIL PENALTIES

The owner and/or operator of any vehicle found to be in violation of the

permit requirement set forth in this Part may be assessed civil penalties and/or

may be permanently excluded from the Seminole Reservations by action of the

Commission following a hearing in accordance with Part 5 of the Commission's

Rules. In considering whether to impose civil penalties, and in considering the

amounts of any penalties imposed, the Commission will be guided by the following

standards:

(a) No vehicle permit. Any owner or operator of a vehicle who uses

Reservation roads for the transport of "sewage sludge" (as defined by reference in

subsection 19.2 of this section) and fails to obtain a permit for such activity, as

required by this Part, shall be excluded from the Reservation and/or subject to a

civil penalty of not less than five thousand dollars ($5,000) for each violation.

(b) Misrepresentation; Other violations.

Any violations of permit

conditions imposed pursuant to this section, or any misrepresentation made by an

applicant as part of the permit process, or any failure to act in accordance with

statements made in the application subsequent to the issuance of such permit,

shall be subject to a civil penalty of not less than one thousand five hundred dollars

($1,500) per violation per vehicle found to be in violation.

(c) Disposal within Reservation boundaries. Disposal of "sewage

sludge" on lands or in waters within the boundaries of the Reservations is

prohibited under subsection 19.4(a) of this Part and shall be subject to the

following civil penalties: (1) payment by the owner or operator of the vehicle used

for such disposal, of an amount per violation up to but not in excess of three times

the cost of actual damages resulting from such disposal; and (2) civil forfeiture of

any vehicle(s) in possession of person(s) found to be engaged in the disposal of

sewage sludge in violation of this Part.

SECTION 19.16

HEARINGS AND APPEALS

Any person cited for violation of the regulations in this Part, or subject to

penalties for such violation, shall have a right to a hearing in accordance with Part

4, Section 4.5 of the Commission's Rules. Any person aggrieved by a final action

of the Commission with respect to the issuance or denial of a Safety

Transportation Permit or with respect to penalties imposed for a violation of this

section may file a Notice of Appeal to the Tribal Council in accordance with the

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SWC Rules, Chapter B, Part 19

Approved Sept., 21, 1994

Ratified Jan. 12, 1995

procedures set forth in Chapter A, Part 3, Section 3.5 of the Commission's Rules.

SECTION 19.17

PUBLIC NOTICE

The Department shall take appropriate steps to notify the affected public

regarding the requirements of these rules, including posting signs which contain

the text of this Part near roads within close proximity to the outer boundaries of the

Reservations and in other places on the Reservations. Such signs shall be posted

in a manner which makes them reasonably visible to persons operating motor

vehicles on roads within Reservation boundaries.

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