Common use of Reasonable Assurance Clause in Contracts

Reasonable Assurance. In order to obtain an environmental resource permit for a system that requires an engineered stormwater management system under section 2.1 of the Applicant’s Handbook Volume II, an applicant must give reasonable assurance that the stormwater management system will meet the criteria in this Manual. This includes a determination that the activity: (a) Will not cause adverse water quantity impacts to receiving waters and adjacent lands; (b) Will not cause adverse flooding to on-site or off-site property; (c) Will not cause adverse impacts to existing surface water storage and conveyance capabilities; (d) Will not adversely impact the value of functions provided to fish and wildlife and listed species by wetlands and other surface waters; (e) Will not result in discharges from the system to surface and ground water of the state that cause or contribute to violations of state water quality standards as set forth in chapters 62-4, 62-302 and 62-520, F.A.C., including any antidegradation provisions of paragraphs 62- 4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and section 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.; (f) Will not cause adverse secondary impacts to the water resources; (g) Will not adversely impact the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S.; (h) Will be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed; (i) Will be conducted by an entity with the financial, legal, and administrative capability of ensuring that the activity will be undertaken in accordance with the terms and conditions of the permit, if issued; and (j) Will comply with any applicable special basin or geographic area criteria rules within the EMA area. This includes, but is not limited, to the following: a. For those stormwater systems discharging to the Lake ▇▇▇▇▇▇ Basin, the water quality design and performance criteria shall meet OFW standards.