26832642, 40C-4.091 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 26832642

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:

In 2020, the Legislature passed Senate Bill 712 (SB 712) (AKA the Clean Waterways Act, now in Chapter 2020-150, Laws of Florida). SB 712 directed the Florida Department of Environmental Protection (DEP) and water management districts (WMDs) to: (1) update the Environmental Resource Permit (ERP) stormwater design and operation regulations, using the latest scientific information, to increase the removal of nutrients from stormwater discharges, and (2) consider and address low-impact design (LID) best management practices (BMPs) and design criteria that increase removal of nutrients from stormwater, and measures to reduce pollutant loadings by consistent application of the net water quality improvement performance standard.   The purpose and effect of this rulemaking is to:  (1) remove all water quality presumptive criteria and water quality treatment standards, including for all best management practice (BMP) stormwater treatment methods, and remove other water quality criteria, sediment and erosion control requirements, and operation and maintenance requirements, which will all now be covered in DEP’s Chapter 62-330, F.A.C., and its Environmental Resource Permit (ERP) Applicant’s Handbook Volume I (General and Environmental) (hereafter “DEP’s Handbook Volume I”);  (2) update and clarify SJRWMD’s remaining rules regarding other criteria and standards for various BMPs in SJRWMD’s Handbook Volume II;  (3) repeal dry detention as a BMP (due to its low ability to remove nutrients);  (4) add design criteria for above ground berms that could impound water (for water quality and safety reasons) in SJRWMD’s Handbook Volume II;  (5) update and clarify side slope criteria (for water quality and safety reasons) in SJRWMD’s Handbook Volume II;  (6) update and conform SJRWMD’s rules on dam safety with DEP’s changes to its dam safety rules in DEP’s Handbook Volume I (for water quality and safety reasons) in SJRWMD’s Handbook Volume II; (7) update Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”) in SJRWMD’s Handbook Volume II; (8) update and simplify the Lake Apopka rules and other special basin rules in section 13.0 of SJRWMD’s Handbook Volume II; and  (9) make other miscellaneous minor edits, clarifications, and conforming changes throughout.

SUMMARY:

As amended, subsection 40C-4.091 will incorporate certain portions of a revised 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 Volume II handbook volume accompanies DEP’s Handbook Volume I and will continue to be used in conjunction with Volume I to implement the State’s Environmental Resource Permitting (ERP) program within the boundaries of SJRWMD.  Generally, the revised incorporated provisions:  (1) remove all water quality presumptive criteria and water quality treatment standards, including for all best management practice (BMP) stormwater treatment methods, and remove other water quality criteria, sediment and erosion control requirements, and operation and maintenance requirements (which will all now be covered in DEP’s Chapter 62-330 and Handbook Volume I);  (2) update and clarify SJRWMD’s remaining rules regarding other criteria and standards for various BMPs;  (3) repeal dry detention as a BMP;  (4) add design criteria for above ground berms that could impound water;  (5) update and clarify side slope criteria;  (6) update and conform SJRWMD’s rules on dam safety with DEP’s changes to its dam safety rules; (7) update Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”);  (8) update and simplify the Lake Apopka rules and other special basin rules in section 13.0 of SJRWMD’s Handbook Volume II; and  (9) make other miscellaneous minor edits, clarifications, and conforming changes throughout.

RULEMAKING AUTHORITY:

373.046(4), 373.113, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461 FS.

LAW:

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

PRINT PUBLISH DATE:

2/15/2023 Vol. 49/31

COMMENTS:

From 2/15/2023 To 3/8/2023 (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.