16912064, 40C-44.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16912064

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF AGRICULTURAL SURFACE WATER MANAGEMENT SYSTEMS

Overview

RULE:

40C-44.091

Publications Incorporated by Reference

PURPOSE:

By notice published in the Florida Administrative Register on February 12, 2015, the St. Johns River Water Management District (SJRWMD) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S.  These rules were last amended on October 1, 2013, to make them 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 corrections and provide clarifications that have been identified as necessary since October 1, 2013, and to address comments received from the Joint Administrative Procedures Committee (JAPC).  More specifically, the effect of the rulemaking will be to: (1) update the effective date for Part VII 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-44.091, since SJRWMD intends to amend this part of  Volume II; (2) replace references to “reuse” with “harvesting” or “stormwater harvesting” since those terms are used in Volume II to refer to methods that prevent the discharge of stormwater into surface waters of the State by deliberate application of stormwater for irrigation; (3) repeal subsections 40C-44.065(2)-(3) and rule 40C-44.900 as the District has determined these provisions are no longer needed in light of (a) amendments that became effective October 1, 2013, and (b) existing statutory and rule provisions; (4) add a definition of “NAVD” in 40C-44.021; and (5) update 40C-44.301(3), which currently references 40C-44.900, because 40C-44.900 is being repealed (for being redundant with 40C-44.101(2)). The proposed rule revisions to Part VII of Volume II will: (1) delete references to appendices D through G which are now incorporated by reference in rules 40C-44.061 and 40C-44.101 as Forms 40C-44.101(2), EN-14M, Table 1, and EN-52 (including §§14.3, 16.3.2, 16.6.2, 16.6.3); (2) revise in part the procedure for processing and submitting applications for certain agricultural surface water management systems to make it consistent with “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)” (including §15.4.1); (3) delete certain provisions related to performance standards that have been determined unnecessary since they are subsumed or incorporated in other provisions of the rule or addressed by statute (including §§14.5, 19.1.1); and (4) amend several provisions to implement conforming, clarifying and technical changes (including §§ 15.4, 16.3.2, 16.6.2, 16.6.3, 17.2, 18.1.1, 19.2.2, 19.2.4) .

SUMMARY:

The proposed rule amendments will correct and clarify text in light of provisions in Chapter 62-330 and “Environmental Resource Applicant’s Handbook, Volume I (General and Environmental)”  and  make conforming, technical and clarifying changes throughout the rules and  “Applicant’s Handbook Environmental Resource Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”.  Additionally, subsection 40C-44.301(3) will be updated to reference 40C-44.101(2)(rather than 40C-44.900),  and rule 40C-44.900 and subsections 40C-44.065(2) and (3) will be repealed since they are subsumed or incorporated in other rule or statutory provisions.

RULEMAKING AUTHORITY:

369.318, 373.016, 373.044, 373.113, 373.118, 373.171, 373.406, 373.413, 373.4131, 373.416, 373.418, F.S.

LAW:

373.016, 369.318, 373.016, 373.103, 373.406, 373.409, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.461 373.603, 373.609, 373.613, F.S.

PRINT PUBLISH DATE:

12/18/2015 Vol. 41/244

COMMENTS:

From 12/18/2015 To 1/8/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-03002 Environmental Resource Permit Applicant's Handbook, Volume II (Part VII)
Ref-06357 Part VII

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