[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR385.28]



[Page 640-642]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 385_PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES 

RESTORATION PLAN--Table of Contents

 

                 Subpart C_CERP Implementation Processes

 

Sec.  385.28  Operating Manuals.



    (a) General provisions. (1) The Corps of Engineers and the non-

Federal sponsor shall, in consultation with the Department of the 

Interior, the Environmental Protection Agency, the Department of 

Commerce, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians 

of Florida, the Florida Department of Environmental Protection, and 

other Federal, State, and local agencies, develop Operating Manuals to 

ensure that the goals and purposes of the Plan are achieved.

    (2) Operating Manuals shall consist of a System Operating Manual and 

Project Operating Manuals. In general, the System Operating Manual 

provides a system-wide operating plan for the operation of the projects 

of the Plan and other C&SF Project features and the Project Operating 

Manuals provide the details necessary for integrating the operation of 

the individual projects with the system operation described in the 

System Operating Manual.

    (3) In accordance with Sec.  385.18, the public shall have the 

opportunity to review and comment on draft Operating Manuals.

    (4) The Division Engineer and the non-Federal sponsor shall approve 

completed Operating Manuals.

    (5) The Corps of Engineers and the South Florida Water Management 

District shall develop a guidance memorandum in accordance with Sec.  

385.5 for approval by the Secretary of the Army, with the concurrence of 

the Secretary of the Interior and the Governor, that describes the 

content of Operating Manuals and the tasks necessary to develop 

Operating Manuals.

    (6) Operating Manuals shall:

    (i) Be consistent with the goals and purposes of the Plan;

    (ii) Comply with NEPA, in accordance with Sec.  385.14.

    (iii) Describe regulation schedules, water control, and operating 

criteria for a project, group of projects, or the entire system;

    (iv) Make provisions for the natural fluctuation of water made 

available in any given year and fluctuations necessary for the natural 

system as described in the Plan;

    (v) Be consistent with applicable water quality standards and 

applicable water quality permitting requirements;

    (vi) Be consistent with the reservation or allocation of water for 

the natural system and the savings clause provisions described in the 

Project Implementation Report and the Project Cooperation Agreement and 

the provisions of Sec.  385.35(b), Sec.  385.36, and Sec.  385.37 and 

reflect the operational criteria used in the identification of the 

appropriate quantity, timing, and distribution of water dedicated and 

managed for the natural system;



[[Page 641]]



    (vii) Include a drought contingency plan as required by Sec.  

222.5(i)(5) of this chapter and Engineer Regulation ER 1110-2-1941 

``Drought Contingency Plans'' that is consistent with the Water Rights 

Compact Among the Seminole Tribe of Florida, the State of Florida, and 

the South Florida Water Management District and Florida Administrative 

Code Section 40E-21 (Water Shortage Plan) and Florida Administrative 

Code Section 40E-22 (Regional Water Shortage Plan); and

    (viii) Include provisions authorizing temporary short-term 

deviations from the Operating Manual for emergencies and unplanned 

circumstances, as described in applicable Corps of Engineers 

regulations, including Sec.  222.5(f)(4) and Sec.  222.5(i)(5) of this 

chapter, and Engineer Regulation ER 1110-2-8156 ``Preparation of Water 

Control Manuals.'' However, deviations shall be minimized by including 

planning for flooding events caused by rainfall and hurricane events, as 

well as by including a drought contingency plan.

    (A) Emergency deviations. Examples of some emergencies that can be 

expected to occur at a project are: drowning and other accidents, 

failure of the operation facilities, chemical spills, treatment plant 

failures and other temporary pollution problems. Water control actions 

necessary to abate the problem are taken immediately unless such action 

would create equal or worse conditions.

    (B) Unplanned circumstances. There are unplanned circumstances that 

create a temporary need for minor deviations from the Operating Manual, 

although they are not considered emergencies. Deviations are sometimes 

necessary to carry out maintenance and inspection of facilities. 

Requests for deviations for unplanned circumstances generally involve 

time periods ranging from a few hours to a few days. Approval of these 

changes shall be obtained from the Division Engineer.

    (7) Except as provided in this part, operating manuals generally 

shall follow the procedures for water control plans in Sec.  222.5 of 

this chapter and applicable Corps of Engineers regulations for 

preparation of water control manuals and regulation schedules, including 

Engineer Regulation ER 1110-2-8156.

    (b) System Operating Manual. (1) Not later than December 31, 2005, 

the Corps of Engineers and the South Florida Water Management District 

shall, in consultation with the Department of the Interior, the 

Environmental Protection Agency, the Department of Commerce, the 

Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, 

the Florida Department of Environmental Protection, and other Federal, 

State, and local agencies, develop a System Operating Manual that 

provides a system-wide operating plan for the operation of implemented 

projects of the Plan and other Central and Southern Florida Project 

features to ensure that the goals and purposes of the Plan are achieved.

    (2) The System Operating Manual shall initially be based on the 

existing completed Central and Southern Florida Project features and 

shall be developed by the Corps of Engineers as provided in Sec.  

222.5(g) of this chapter and by the South Florida Water Management 

District as its laws and regulations require. Existing water control 

plans, regulation schedules, and Master Water Control Plans for the 

Central and Southern Florida Project shall remain in effect until 

approval of the System Operating Manual.

    (3) The System Operating Manual shall be revised whenever the Corps 

of Engineers and the South Florida Water Management District, in 

consultation with the Department of the Interior, the Environmental 

Protection Agency, the Department of Commerce, the Seminole Tribe of 

Florida, the Miccosukee Tribe of Indians of Florida, the Florida 

Department of Environmental Protection, and other Federal, State, and 

local agencies, believe it is necessary to ensure that the goals and 

purposes of the Plan are achieved.

    (4) Except as provided in this part, the System Operating Manual 

shall follow the procedures for preparation of water control manuals, 

regulation schedules and Master Water Control Manuals in Sec.  222.5 of 

this chapter and applicable Corps of Engineers regulations.



[[Page 642]]



    (5) The Corps of Engineers and the South Florida Water Management 

District shall provide notice and opportunity for public comment for any 

significant modification to the System Operating Manual.

    (c) Project Operating Manuals. (1) The Corps of Engineers and the 

non-Federal sponsor shall, in consultation with the Department of the 

Interior, the Environmental Protection Agency, the Department of 

Commerce, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians 

of Florida, the Florida Department of Environmental Protection, and 

other Federal, State, and local agencies, develop a Project Operating 

Manual for each project of the Plan that is implemented.

    (2) Project Operating Manuals shall be considered supplements to the 

System Operating Manual, and present aspects of the projects not common 

to the system as a whole.

    (3) Each Project Implementation Report shall, as appropriate, 

include a draft Project Operating Manual as an appendix to the Project 

Implementation Report.

    (4) As appropriate, the draft Project Operating Manual shall be 

revised for the project construction phase and the operational 

monitoring and testing phase after completion of project construction.

    (5) The final Project Operating Manual shall be completed as soon as 

practicable after completion of the operational testing and monitoring 

phase of the project. The completed project shall continue to be 

operated in accordance with the approved draft Project Operating Manual 

until the final Project Operating Manual is approved.

    (6) The Corps of Engineers and the non-Federal sponsor shall provide 

notice and opportunity for public comment for any significant 

modification to the Project Operating Manual.