306343, 40C-42.023 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 306343

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF STORMWATER MANAGEMENT SYSTEMS

Overview

RULE:

40C-42.023	Requirements for Issuance (Repealed)
40C-42.091	Publications Incorporated by Reference (Repealed)
40C-42.900	Forms and Instructions (Repealed)

PURPOSE:

The purposes of this proposed rule amendment are to (1) amend and update the environmental resource permit (“ERP”) application forms to reflect both the new criteria for the Wekiva Recharge Protection Basin and current ERP criteria and terminology, (2) create recharge criteria for certain systems located within the Wekiva Recharge Protection Basin that require an ERP pursuant to Chapters 40C-4, 40C-40, 40C-42, or 40C-44, F.A.C., (3) update Section 3.3.1(b) of the Applicant’s Handbook (A.H.) to reflect the current threshold in Rule 40C-42.022(1)(b), F.A.C., (4) update section 3.3.2(f), A.H., to reflect the current threshold in Rule 40C-42.022(2)(f), F.A.C., (5) update Sections 11.1, 13.1, and 15.1, A.H., to reference current Chapter 62-555, F.A.C., and (6) update sections 14.3 and 14.4, A.H., to reflect the current wet detention design and performance criteria in Rule 40C-42.026(4)(b) and (4)(g), F.A.C.  The effects of the proposed amendment are to (1) make the ERP application forms reflect both the new criteria of the Wekiva Recharge Protection Basin and current Stormwater ERP rule criteria and terminology, (2) require applications to demonstrate that systems within the Wekiva Recharge Protection Basin either retain three inches of runoff from all impervious areas proposed to be constructed on type “A” soils (and percolating into the soils within 72 hours) or otherwise demonstrate that the post-development recharge capacity is equal to or greater than the pre-development recharge capacity, (3) update existing Stormwater ERP thresholds and criteria to reflect current thresholds and criteria in Chapter 40C-42, F.A.C., and (4) update references to current Chapter 62-555, F.A.C.

SUBJECT:

The proposed rule amendments would amend and update the ERP application form in Sections D, E, and H of Form 40C-4.900(1), create recharge criteria for certain systems located within the Wekiva Recharge Protection Basin requiring a Stormwater ERP in 40C-42.023(1)(d), update Stormwater ERP thresholds in sections 3.3.1(b) and 3.3.2(f), A.H., to reflect current thresholds, update references to current Chapter 62-555, F.A.C., update wet detention design and performance criteria in sections 14.3 and 14.4, A.H., to reflect current design and performance criteria.

RULEMAKING AUTHORITY:

369.318, 373.044, 373.113, 373.418 FS.

LAW:

369.318, 373.413, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461 FS.

PRINT PUBLISH DATE:

5/5/2006 Vol. 32/18

RELATED STATUTES
AND LAWS:

369.318, 373.044, 373.113, 373.418 FS., 369.318, 373.413, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461 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-42.023&PDate=5/5/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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