24024104, 40D-1.660 - Florida Administrative Rules, Law, Code, Register

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Notice: 24024104

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.660

Publications, Forms and Agreements Incorporated by Reference

PURPOSE:

The Florida Department of Environmental Protection (Department) and water management districts (WMDs) are initiating rulemaking as required by Section 5 of Chapter 2020-150, Laws of Florida, to update the stormwater design and operation regulations adopted under Section 373.4131, Fla. Stat., including updates to the Environmental Resource Permit Applicant’s Handbook (AH), using the most recent scientific information available. The legislation dictates that the required rulemaking is initiated by December 31, 2020. The AH contains two volumes. Volume I, which is adopted by the Department, contains stormwater design and operation regulations that apply statewide. Volume II, a version of which is adopted by each WMD, contains stormwater design and operation regulations that only apply to that respective WMD.  The updates required by Chapter 2020-150 necessitate that the Department and each of the WMDs engage in rulemaking simultaneously to ensure that each WMD’s AH Volume II is consistent with the Department’s AH Volume I. As a result, the Southwest Florida Water Management District will amend 40D-1.660, F.A.C, which incorporates by reference its AH Volume II, and will update the stormwater design and operation regulations contained within Volume II.

SUBJECT:

The Department and WMDs will be developing amendments:  to update the stormwater design and operation regulations; to consider and address low-impact design best management practices and design criteria that increase the removal of nutrients from stormwater discharges; and, to implement measures for consistent application of the net improvement performance standard to ensure significant reductions of any pollutant loadings to a waterbody.  The rulemaking pursuant to this notice includes an amendment to Rule 40D-1.660, Fla. Admin. Code, to incorporate by reference changes to the Southwest Florida Water Management District’s AH Volume II.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.171, 373.414 FS.

LAW:

373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

12/23/2020 Vol. 46/248

RELATED STATUTES
AND LAWS:

373.044, 373.046, 373.113, 373.171, 373.414 FS., 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 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=40D-1.660&PDate=12/23/2020&Section=1

REFERENCE MATERIALS:

No reference(s).

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