Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 8, February 23, 2007 issue of the Florida Administrative Weekly.

A Notice of Proposed Rule was published in the Florida Administrative Weekly on February 23, 2007, to amend paragraph 40C-1.106(3)(h), F.A.C., to incorporate by reference an amended Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection (FDEP). As a result of discussions with FDEP, a further revision is being proposed to the amended Operating Agreement. This revision was presented to and approved by the Governing Board of the St. Johns River Water Management District on April 10, 2007. This revision provides that the District will have regulatory responsibility for Environmental Resource Permit (ERP) projects for certain activities relating to an industrial wastewater facility that are not fully contained within an industrial wastewater site. Under the amended operating agreement, FDEP handles ERPs for all industrial wastewater facility sites and all activities located on those sites. This proposed revision clarifies that the District will have regulatory responsibility for projects containing land application of treated wastewater from dairies, food processing plants, and truck washes that are “not fully contained” on an industrial wastewater site. Under FDEP subsection 62-620.200(22), F.A.C., wastewater from dairies, food processing plants, and truck washes is considered “industrial wastewater.” Notably, under the amended operating agreement, the District handles ERPs for projects that are “part of a larger plan of other commercial or residential development” under an exception within Section II.A.1.i. This revision will clarify that such incidental land application of industrial wastewater on a larger ERP project would not change the intended division of ERP regulatory responsibility. FDEP will continue to have ERP responsibility for wastewater sites for which the stormwater system or activity is “fully contained” within that wastewater site.