23987729, 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: 23987729

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:

In conjunction with the Florida Department of Environmental Protection (FDEP), the St. Johns River Water Management District (SJRWMD) is beginning rulemaking to update the environmental resource permitting (ERP) stormwater design and operation regulations, using the most recent scientific information available, as required by paragraph 373.4131(6)(a), F.S. (2020). The coordinated rulemaking pursuant to this notice is expected to include amendments by FDEP to update chapter 62-330, F.A.C., and ERP Applicant’s Handbook Volume I (which applies statewide), plus SJRWMD’s amendments to its ERP Applicant’s Handbook Volume II (which applies within the SJRWMD region).  Therefore, part of the purpose of this rule development is to revise SJRWMD’s rules consistent with DEP’s amendments to chapter 62-330 and ERP Applicant’s Handbook Volume I.  The purpose and effect of the proposed amendments will be to: (1) update stormwater design and operation regulations incorporated by rule in the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District,” as required by paragraph 373.4131(6)(a), F.S. (2020); (2) update the DEP/SJRWMD Operating Agreement (regarding the division of ERP regulatory responsibilities between the two agencies) incorporated by rule; (3) update and clarify criteria for basin side slopes and fencing; (4) update and reduce regulatory costs of the Lake Apopka rules; (5) amend stormwater design criteria to promote conservation of groundwater; and (6) otherwise update, simplify, or clarify rules and reduce regulatory costs.

SUBJECT:

Among other things, this rule development will cover the revision of SJRWMD rules on the following subjects: (1) stormwater design and operation regulations; (2) the DEP/SJRWMD ERP Operating Agreement; (3) criteria for basin side slopes and fencing; (4) the Lake Apopka rules; (5) stormwater design criteria that promote conservation of groundwater; and (6) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas above.

RULEMAKING AUTHORITY:

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

LAW:

369.318, 373.046(4), 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3) , FS.

PRINT PUBLISH DATE:

12/14/2020 Vol. 46/241

RELATED STATUTES
AND LAWS:

369.318, 373.044, 373.046(4), 373.113, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461, F.S., 369.318, 373.046(4), 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3) , FS.

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=12/14/2020&Section=1

REFERENCE MATERIALS:

No reference(s).

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