16911482, 40C-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16911482

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS: SURFACE WATER MANAGEMENT SYSTEMS

Overview

RULE:

40C-4.091

Publications Incorporated by Reference

PURPOSE:

By notice published in the Florida Administrative Register (FAR) on February 12, 2015, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend the above referenced rule.  This rule was last amended on October 1, 2013, to make it consistent with section 373.4131, F.S., which required the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permitting (ERP) rules.  The purpose and effect of this rulemaking is to make minor corrections and provide clarifications that have been identified as necessary since October 1, 2013, and to address comments received from the Office of Fiscal Accountability and Regulatory Reform (OFARR).  More specifically, the effect of the rulemaking will be to: (1) update the effective date for the parts of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use within the Geographic Limits of the St. Johns River Water Management District” (Volume II) incorporated by reference in 40C-4.091, since SJRWMD intends to amend parts of  Volume II; and (2) move and amend language from 40C-42.091 (which currently incorporates Part V of Volume II) to this rule.  (Rule 40C-42.091 is proposed for repeal concurrently with this rulemaking). Revisions to Volume II will: (1) amend provisions related to the District-specific thresholds and exemptions regarding agricultural surface water management systems (including §§1.2.3 and 1.3.3) to clarify that any such systems that result in a project area of more than five acres (under DEP’s currently proposed amendment to 62-330.020(2)(d))  and do not exceed any permit threshold in Rule 62-330.020(2)(a), (b), (e), (f), (g), (h), or (j), will be reviewed and acted upon in accordance with Chapter 40C-44; (2) clarify or repeal provisions that refer to the use of local government standards to address District water quantity and quality criteria (including §§ 2.7.1, 3.3.1(d), 3.3.3); (3) amend and clarify several provisions to reflect that DEP may, in certain instances, establish minimum flows and levels that would be applied by SJRWMD (§§ 2.0, 3.5.2); (4)  advise that stormwater detention and retention basins are identified as “potentially moderate sanitary hazards” (including §§5.1, 7.1, 9.1); and (5) amend several provisions to implement conforming, clarifying and technical changes (including §§ 1.0, 1.1, 2.1, 4.4, 8.4).

SUMMARY:

As amended, subsection 40C-4.091 will incorporate certain portions of a revised document entitled “Environmental Resource Permit Applicant’s Handbook Volume II:  For Use Within the Geographic Limits of the St. Johns River Water Management District”.  This handbook volume accompanies Applicant’s Handbook – Volume I (General and Environmental) and will continue to be used in conjunction with Volume I to implement the State’s Environmental Resource Permitting program within the boundaries of SJRWMD.  Generally, the revised incorporated provisions: (1) correct and clarify text in light of provisions in Chapter 62-330, F.A.C.; (2) clarify and more accurately reflect how the District evaluates whether an applicant meets District water quantity and quality criteria; and (3) clarify District-specific thresholds and exemptions regarding agricultural surface water management systems explanations.

RULEMAKING AUTHORITY:

373.046(4), 373.113, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461, F.S.

LAW:

373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3), F.S.

PRINT PUBLISH DATE:

12/18/2015 Vol. 41/244

COMMENTS:

From 12/18/2015 To 1/8/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

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