26832836, 40C-41.043 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26832836

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

SURFACE WATER MANAGEMENT BASIN CRITERIA

Overview

RULE:

40C-41.043

Application of Chapter

PURPOSE:

In 2020, the Legislature passed Senate Bill 712 (SB 712) (AKA the Clean Waterways Act, now in Chapter 2020-150, Laws of Florida). SB 712 directed the Florida Department of Environmental Protection (DEP) and water management districts (WMDs) to: (1) update the Environmental Resource Permit (ERP) stormwater design and operation regulations, using the latest scientific information, to increase the removal of nutrients from stormwater discharges, and (2) consider and address low-impact design (LID) best management practices (BMPs) and design criteria that increase removal of nutrients from stormwater, and measures to reduce pollutant loadings by consistent application of the net water quality improvement performance standard.   The purpose and effect of this rulemaking is to:  (1) remove all water quality presumptive criteria and water quality treatment standards, including for all best management practice (BMP) stormwater treatment methods, and remove other water quality criteria, sediment and erosion control requirements, and operation and maintenance requirements, which will all now be covered in DEP’s Chapter 62-330, F.A.C., and its Environmental Resource Permit (ERP) Applicant’s Handbook Volume I (General and Environmental) (hereafter “DEP’s Handbook Volume I”);  (2) update and clarify SJRWMD’s remaining rules regarding other criteria and standards for various BMPs in SJRWMD’s Handbook Volume II;  (3) update and simplify the Lake Apopka rules and other special basin rules in section 13.0 of SJRWMD’s Handbook Volume II; and  (4) make other miscellaneous minor edits, clarifications, and conforming changes throughout.

SUMMARY:

As amended, subsection 40C-41.043 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 Volume II handbook volume accompanies DEP’s Handbook Volume I and will continue to be used in conjunction with Volume I to implement the State’s Environmental Resource Permitting (ERP) program within the boundaries of SJRWMD.  Generally, the revised incorporated provisions:  (1) remove all water quality presumptive criteria and water quality treatment standards, including for all best management practice (BMP) stormwater treatment methods, and remove other water quality criteria, sediment and erosion control requirements, and operation and maintenance requirements (which will all now be covered in DEP’s Chapter 62-330 and Handbook Volume I);  (2) update and clarify SJRWMD’s remaining rules regarding other criteria and standards for various BMPs;  (3) update and simplify the Lake Apopka rules and other special basin rules in section 13.0 of SJRWMD’s Handbook Volume II; and  (4) make other miscellaneous minor edits, clarifications, and conforming changes throughout.

RULEMAKING AUTHORITY:

369.318, 373.044, 373.113, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461, FS.

LAW:

369.318, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3), FS.

PRINT PUBLISH DATE:

2/15/2023 Vol. 49/31

COMMENTS:

From 2/15/2023 To 3/8/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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