12762404, 40C-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12762404

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS: SURFACE WATER MANAGEMENT SYSTEMS

Overview

RULE:

40C-4.091

Publications Incorporated by Reference

PURPOSE:

By notice published in the Florida Administrative Weekly on August 24, 2012, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S.  Section 373.4131, F.S. became effective on July 1, 2012, and requires the Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop statewide environmental resource permitting (“ERP”) rules.  These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective and streamlined approach in the state’s ERP program.  
To implement 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C.  As part of its rulemaking, DEP intends to incorporate by reference documents to be known collectively as an applicant’s handbook.  Two volumes of the applicant’s handbook will apply in each WMD:  (1) one volume that will include general and environmental procedures and forms that will apply statewide (Volume I) and (2) a second volume specific to, and adopted by, the WMD  (Volume II) that will (a) set forth design and performance standards for stormwater quality and quantity, (b) include drainage basin designations and basin specific rules within the WMD and (c) address any District-specific thresholds and exemptions referenced in chapter 62-330.  These volumes will replace the SJRWMD’s existing  handbooks, including “Applicant’s Handbook: Management and Storage of Surface Waters (December 27, 2010)” (MSSW Handbook).

Rule 40C-4.091 incorporates by reference certain portions of the MSSW Handbook.   Many, but not all, of the provisions in this handbook will be superseded by provisions in the new state-wide Volume I.   Therefore, Rule 40C-4.091 will be amended to delete reference to the District’s existing MSSW Applicant’s Handbook and incorporate by reference applicable portions of SJRWMD Volume II.  The incorporated portions include or are based on existing provisions in the District’s MSSW Handbook and, in some instances,  SJRWMD’s “Applicant’s Handbook : Regulation of Stormwater Management Systems (Chapter 40C-42)” (December 27, 2010)(Stormwater Handbook) and “Applicant’s Handbook:  Agricultural Surface Water Management Systems (Chapter 40C-44)” (December 27, 2010) (Agricultural Handbook).    For example,  except for the definitions of “floodway” and “hydrologically sensitive area” (existing definitions in the MSSW Handbook), all of the definitions in section 2.1 of Volume II are existing rule definitions from the Stormwater Handbook, and sections 13.6 through 13.6.3 (“Special Karst Area Basin Design Criteria”) are existing provisions from the Stormwater Handbook.  In sum, the purpose and effect of the proposed amendments to Rule 40C-4.091 are to reflect adoption of the statewide ERP rules that will include a new Environmental Resource Permit Applicant’s Handbook.   
 With the exception of rules 40C-4.031 and 40C-4.091, the remaining rules in chapter 40C-4 will be repealed in accordance with section 373.4131(2)(c), F.S.

SUMMARY:

As amended, subsection 40C-4.091 will incorporate a document entitled “Environmental Resource Permit Applicant’s Handbook Volume II:  For Use Within the Geographic Limits of the St. Johns River Water Management District”.  This handbook volume accompanies Applicant’s Handbook – Volume I (General and Environmental) and will be used in conjunction with Volume I to implement the State’s ERP program within the boundaries of SJRWMD.  Generally, the volume’s provisions address: (1) design and performance standards, and criteria for water quality and quantity for stormwater management systems, works and other regulated activities,  including alternative criteria for those systems; (2) explanations of standards and criteria pertaining to water flows and levels, flood protection, and the design of dams; (3) explanations of basin criteria; (4) description of drainage basins and regional watersheds; and (5) description of District-specific thresholds and exemptions to be referenced in amended chapter 62-330.

RULEMAKING AUTHORITY:

369.318, 373.044, 373.046(4), 373.113, 373.117, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461, F.S.

LAW:

120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.117, 373.118, 373.129, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.419, 373.423, 373.426, 373.461(3), 403.0877, F.S.

PRINT PUBLISH DATE:

3/14/2013 Vol. 39/51

COMMENTS:

From 3/14/2013 To 4/4/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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