11912199, 40C-44.011 - Florida Administrative Rules, Law, Code, Register

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Notice: 11912199

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF AGRICULTURAL SURFACE WATER MANAGEMENT SYSTEMS

Overview

RULE:

40C-44.011	Scope
40C-44.021	Definitions
40C-44.031	Implementation
40C-44.041	Permits Required
40C-44.051	Exemptions
40C-44.055	Standard General Environmental Resource Agricultural System Permits (Repealed)
40C-44.061	Individual Environmental Resource Permits for Agricultural Systems
40C-44.065	Performance Standards
40C-44.066	Water Quality Practices
40C-44.069	Maintenance and Operation Requirements
40C-44.071	Relationship to Other Permitting Requirements
40C-44.091	Publications Incorporated by Reference
40C-44.101	Content of the Application
40C-44.301	Conditions for Issuance of Permits
40C-44.321	Duration of Permit
40C-44.341	Revocation or Modification of Permits (Repealed)
40C-44.900	Forms and Instructions

PURPOSE:

The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend its rules consistent with Section 373.4131, F.S.  Section 373.4131, F.S., became effective on July 1, 2012, and requires the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental permitting (ERP) rules.   These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective, and streamlined approach in the state’s ERP program. To implement 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C.  Some examples of provisions that DEP has proposed to include in the proposed rulemaking for chapter 62-330 are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; and formal determinations of the landward extent of wetlands and other surface waters. As part of its rulemaking, DEP also intends to incorporate by reference documents to be known as an Applicant’s Handbook.  Two volumes of the Applicant’s Handbook will apply in each WMD: (1) one volume that will include general and environmental procedures, and forms that will apply statewide; and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules  within the WMD.  DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in SJRWMD’s Chapters 40C-1, 40C-4, 40C-40, 40C-42, and 40C-400, and will necessitate amendments to SJRWMD Chapters 40C-1, 40C-4, 40C-41, 40C-42 and 40C-44, and its existing Applicant’s Handbooks.  Therefore, the purpose of this rule development is to revise SJRWMD’s rules consistent with DEP’s adoption of statewide ERP rules in chapter 62-330.

SUBJECT:

Among other things, this rule development will cover the revision of SJRWMD rules by rule amendment or development as needed to accomplish the establishment of statewide ERP rules on the following subjects: (1) permitting thresholds, (2) permit exemptions, (3) types of permits, (4) permit duration (5) permit modifications and transfers, (6) reporting forms and operational requirements, (7) application submittal and review procedures, (8) conditions for issuance, (9) formal determinations of the landward extent of wetlands and other surface waters, (10) general permit conditions, (11) fee categories, and (12) 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, 373.118, 373.406, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461, F.S.

LAW:

120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.117, 373.118, 373.129, 373.146(1), 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 373.613, 380.06(9), 403.0877, 403.813(2), F.S.

PRINT PUBLISH DATE:

8/24/2012 Vol. 38/34

RELATED STATUTES
AND LAWS:

369.318, 373.044, 373.046(4), 373.113, 373.118, 373.406, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461, F.S. , 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.117, 373.118, 373.129, 373.146(1), 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 373.613, 380.06(9), 403.0877, 403.813(2), F.S.

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-44.011&PDate=8/24/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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