12762695, 40C-42.091 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 12762695

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF STORMWATER MANAGEMENT SYSTEMS

Overview

RULE:

40C-42.091

Publications Incorporated by Reference (Repealed)

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 that will include, among other things, design and performance standards for stormwater quality and quantity (Volume II).  These volumes will replace the SJRWMD’s existing handbooks, including  “Applicant’s Handbook : Regulation of Stormwater Management Systems (Chapter 40C-42)” (December 27, 2010) (Stormwater Handbook) 
Rule 40C-42.091 incorporates by reference portions of the Stormwater Handbook that describe design and performance standards and criteria for water quality and quantity for stormwater management systems,  including alternative criteria for those systems.  The District will continue to evaluate ERP applications under the statewide ERP rules in light of these standards and criteria.  Therefore, Rule 40C-42.091 will be amended to delete reference to the District’s existing Stormwater Handbook and incorporate by reference applicable portions of SJRWMD Volume II.  The incorporated portions include or are based on existing provisions in rule 40C-42 and the District’s Stormwater Handbook, updated as necessary to reflect DEP’s adoption of amendments  to Chapter 62-330.  In sum, the proposed amendments to Rule 40C-42.091 are designed to reflect adoption of the statewide ERP rules that will include a new Environmental Resource Permit Applicant’s Handbook.   
With the exception of rule 40C-42.091, the remaining rules in chapter 40C-42 will be repealed in accordance with subparagraph 373.4131(2)(c), F.S.

SUMMARY:

As amended, subsection 40C-42.091 will incorporate Part V (“Best Management Practices”)  of 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 of Florida ERP program within the boundaries of SJRWMD.  Generally, the incorporated provisions contain design and performance standards for different types of stormwater management practices including retention, underdrain, exfiltration, wet detention, swale, dry detention, and wetlands stormwater management.

RULEMAKING AUTHORITY:

369.318, 373.044, 373.113, 373.118, 373.406, 373.4131, 373.414, 373.418, F.S.

LAW:

369.318, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.419, 373.423, 373.426, 373.461, 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).

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.