10700766, 62-25.042 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 10700766

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

REGULATIONS OF STORMWATER DISCHARGE

Overview

RULE:

62-25.042	Permit Requirements for Wetland Stormwater Discharge Facilities (Repealed)
62-25.050	Delegation (Repealed)
62-25.080	General Provisions (Repealed)

PURPOSE:

The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY:

Repeal of the following rules in Chapter 62-25, F.A.C., Regulation of Stormwater Discharge, that the Department has determined are obsolete or otherwise no longer necessary in accordance with Executive Order 11-01:
Rule 62-25.042, F.A.C., has not been used in over 20 years. The performance standards in subsection (6) of this rule have not been affirmatively approved by the Environmental Regulation Commission in accordance with subsection (1) of this rule, and should have been repealed as of April 1, 1989. Wetlands stormwater discharge facilities can still be proposed and would be regulated under the rules adopted under Part IV of Chapter 373, F.S.
The provisions for delegating the regulation of stormwater management and discharge systems to local governments under Rule 62-25.050, F.A.C., have been superseded by Section 373.441, F.S., and Chapter 62-344, F.A.C., which now govern all delegations under Part IV of Chapter 373, F.S. Only one local government, the City of Tallahassee, ever received a partial delegation of authority to regulate certain stormwater management and discharge systems under Chapter 62-25, F.A.C., and that delegation was rescinded in 2007, at the City’s request.
Rule 62-25.080, F.A.C., restates legal provisions that already exist, and will continue to exist, if this rule is repealed. This rule does not add any useful information for staff or the public, and therefore is unnecessary.
OTHER RULES INCORPORATING THIS RULE: Rule 62-25.042, F.A.C., is referenced in subsections 62-25.020(19), 62-25.020(20), and 62-25.040(1), F.A.C., and paragraph 62-25.040(7)(a), F.A.C. Those references will need to be replaced with “wetlands permitted for stormwater treatment under Rule 62-25.042, F.A.C. (May 5, 1985) or Part IV of Chapter 373, F.S.” As part of the revisions to subsection 62-25.020(19), F.A.C., the reference to “Rule 62-301.400, F.A.C.,” also will need to be revised to “Chapter 62-340, F.A.C.,” because Chapter 62-301, F.A.C., is proposed for repeal through separate rulemaking.
Rule 62-25.042, F.A.C., also is referenced in paragraphs 62-340.700(1)(c) and (2)(a), F.A.C. Those references will need to be corrected to “excluding wetlands permitted for stormwater treatment under Rule 62-25.042, F.A.C. (May 5, 1985) or Part IV of Chapter 373, F.S.” In addition, references to this rule contained in subparagraphs 40B-400.051(3)(a)3. and (3)(b)1., 40C-4.051(13)(a)3. and (b)1., 40D-4-051(12)(a)3. and (b)1., and 40E-4.0515(1)(a)3. and (b)(1), F.A.C., which are incorporated by reference in Rule 62-330.200, F.A.C., will be similarly corrected by amending Rule 62-330.200, F.A.C.
Rule 62-25.050, F.A.C., is referenced in subsection 62-25.040(1), F.A.C., and paragraph 62-25.040(7)(a), F.A.C. Those references will need to be corrected to cite to Chapter 62-344, F.A.C.
EFFECT ON THOSE OTHER RULES: With the changes proposed above, there will be no substantive affect on the other rules that cross reference the rules proposed for repeal.

RULEMAKING AUTHORITY:

373.026(7), 373.043, 373.4145, 403.805(1) FS.

LAW:

373.4145 FS.

PRINT PUBLISH DATE:

11/23/2011 Vol. 37/47

COMMENTS:

From 11/23/2011 To 12/14/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.