12762792, 40C-44.011 - Florida Administrative Rules, Law, Code, Register

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Notice: 12762792

Notice of Proposed Rule

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-44.041	Permits Required
40C-44.051	Exemptions
40C-44.061	Individual Environmental Resource Permits for Agricultural Systems
40C-44.065	Performance Standards
40C-44.066	Water Quality Practices
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40C-44.341	Revocation or Modification of Permits (Repealed)
40C-44.900	Forms and Instructions

PURPOSE:

By notice published in the Florida Administrative Weekly on August 24, 2012, the St. Johns River Water Management District (“SJRWMD”) initiated 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 resource 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. As part of its rulemaking, DEP intends to incorporate by reference documents to be known collectively 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 (Volume I); and (2) a second volume, specific to, and adopted by, the WMD that, among other things, will set forth design and performance standards for stormwater quality and quantity, and address any District-specific thresholds and exemptions in Chapter 62-330 (Volume II).  These volumes will replace and/or amend SJRWMD’s existing Applicant’s Handbooks, including “Applicant’s Handbook: Agricultural Surface Water Management Systems (Chapter 40C-44, F.A.C.)” (December 27, 2010) (Agricultural Handbook).
During the rulemaking process, DEP has indicated that the statewide environmental resource permitting rules will be designed so that they do not substantively affect agricultural or silvicultural activities within each WMD.  Consistent with this goal, the new statewide ERP rules in Chapter 62-330 will incorporate by reference the District’s existing rules in Chapter 40C-44 regarding agricultural surface water management systems.  
The purposes of the proposed rule amendments to Chapter 40C-44 are to: (1) delete or update references to rule chapters 40C-4 and 40C-40 and Applicant’s Handbook Sections that will be superseded by  Chapter 62-330 and new Applicant’s Handbook volumes; (2) make any other necessary changes to reflect adoption of the statewide ERP rules; and (3) implement amendments consistent with the District’s 2012-2013 Regulatory Plan.  None of the proposed amendments are designed to create changes in the substantive requirements for agricultural surface water management systems under Chapter 40C-44 within SJRWMD.

SUMMARY:

The proposed rule amendments would: (1) revise references to Chapter 40C-4 and 40C-40 to reference the applicable provisions in Chapter 62-330; (2) revise references to the District’s existing Applicant’s Handbooks so that the rule references the applicable Volume I or Volume II of the handbook that has been developed as part of DEP’s statewide ERP rulemaking process; (3) merge sections 40C-44.055 and 40C-44.061 into one section providing for individual permits since chapter 62-330 does not provide for standard general ERPs; (4) amend 40C-44.101 to reference the new statewide application form and an addendum that will replace existing forms in the rule; (5) amend section 40C-44.091 to delete reference to the District’s existing Agricultural Handbook; and (6) amend sections 40C-44.011 and 40C-44.021 consistent with the District’s 2012-2013 Regulatory Plan; and (7) incorporate by reference Part VII (“Agricultural Surface Water Management Systems”) of new SJRWMD Volume II.  Part VII is based on the District’s existing Agricultural Handbook.  The proposed amendments do not incorporate by reference sections of Volume I because these sections will be incorporated by reference in chapter 62-330 and, pursuant to section 373.4131(2)(a), F.S., SJRWMD must implement the amendments to chapter 62-330 without further rulemaking.

RULEMAKING AUTHORITY:

369.318, 373.016, 373.044, 373.113, 373.118, 373.171, 373.406, 373.413, 373.4131, 373.416, 373.418, F.S.

LAW:

373.016, 369.318, 373.016, 373.103, 373.406, 373.409, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.461 373.603, 373.609, 373.613, F.S.

PRINT PUBLISH DATE:

3/14/2013 Vol. 39/51

COMMENTS:

From 3/14/2013 To 4/4/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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