15659309, 40C-4.091 - Florida Administrative Rules, Law, Code, Register

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Notice: 15659309

Notice of Development of Rulemaking

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:

The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above-referenced rule.  This rule was last amended on October 1, 2013, to make it consistent with section 373.4131, F.S., which required the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permitting (ERP) rules.  The purpose and effect of this rulemaking will be to make minor corrections and provide clarifications that have been identified as necessary since October 1, 2013, and to address comments received from the Office of Fiscal Accountability and Regulatory Reform (OFARR).  More specifically, the effect of the rulemaking will be to: (1) update the effective date for the parts of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use within the Geographic Limits of the St. Johns River Water Management District” (Volume II) incorporated by reference in 40C-4.091 since SJRWMD intends to amend parts of  Volume II; and (2) insert (transfer) into this rule language from 40C-42.091 (which currently incorporates Part V of Volume II) and which will be repealed upon such transfer.  Revisions to Volume II will: (1) amend provisions related to the District-specific thresholds and exemptions regarding agricultural surface water management systems to clarify that any such systems that result in a project area of more than one acre and do not exceed any permit threshold in Rule 62-330.020(2)(a), (b), (e), (f), (g), (h), or (j) will be reviewed and acted upon in accordance with Chapter 40C-44; (2) amend or repeal provisions that refer to the use of local government standards to address District water quantity and quality criteria; and (3) amend certain provisions in Volume II to reflect that DEP may, in certain instances, establish minimum flows and levels that would be applied by SJRWMD.

SUBJECT:

This rule development will include: (1) rule revisions to needed to correct and clarify text in light of provisions in Chapter 62-330, F.A.C., and (2) rule revisions on the following topics: (a) use of local government standards to address District water quantity and quality criteria; and (b) District-specific thresholds and exemptions regarding agricultural surface water management systems.  These revisions will be accomplished in part through amendments to parts of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use within the Geographic Limits of the St. Johns River Water Management District” (Volume II) that are incorporated by reference in 40C-4.091. 
Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY:

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

LAW:

373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3), F.S.

PRINT PUBLISH DATE:

2/12/2015 Vol. 41/29

RELATED STATUTES
AND LAWS:

373.044, 373.046(4), 373.113, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461, F.S., 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3), F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40C-4.091&PDate=2/12/2015&Section=1

REFERENCE MATERIALS:

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