26862130, 40E-4.091 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 26862130

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40E-4.091

Publications, Rules and Interagency Agreements Incorporated by Reference

PURPOSE:

In 2020, the Legislature passed Senate Bill 712 (SB 712) (a.k.a. the Clean Waterways Act, now in Chapter 2020-150, Laws of Florida). SB 712 directed the Florida Department of Environmental Protection (FDEP) and the 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 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 South Florida Water Management District (SFWMD) proposes to amend the “Environmental Resource Permit Applicant’s Handbook Volume II: For Use Within the Geographic Limits of the South Florida Water Management District” (SFWMD’s Applicant’s Handbook Vol. II) to conform to FDEP’s amendments to Chapter 62-330, F.A.C., and “Environmental Resource Permit Applicant’s Handbook Volume I (General and Procedural)” (FDEP’s Applicant’s Handbook Vol. I), which applies statewide and is incorporated in Chapter 62-330, F.A.C.

SUMMARY:

The proposed amendments to SFWMD’s Applicant’s Handbook Vol. II include:  (1) removing all water quality volumetric criteria because these criteria will now be covered in Chapter 62-330, F.A.C., and FDEP’s ERP Applicant’s Handbook Vol. I General and Procedural (FDEP’s Applicant’s Handbook Vol. I), which applies statewide;  (2) updating and clarifying SFWMD’s remaining criteria for various BMPs; (3) eliminating dry detention as a BMP due to its low ability to remove nutrients; (4) updating and conforming dam safety criteria with FDEP’s changes to its dam safety rules; (5) updating Appendix B “Above Ground Impoundments” to add design criteria for above ground facilities that could impound water; (6) removing Appendix C, which contains isohyetal maps, and adding a hyperlink to those maps in Section 5.6.2(a); (7) updating Appendix D, which will now be Appendix C, to remove the map of “SFWMD Basins for Cumulative Impact Assessments & Mitigation Bank Service Areas” because it is duplicative of the map contained in FDEP’s Applicant’s Handbook Vol. I, and replacing it with criteria for “Exfiltration System Trench Design”; (8) updating Appendix E, which will now be Appendix D, to remove “Procedure for Environmental Resource Permit Water Quality Evaluations for Applications Involving Discharges to Outstanding Florida Waters and Water Bodies that Do Not Meet State Water Quality Standards” because this criteria will be included in FDEP’s Applicant’s Handbook Vol. I, and replacing it with criteria for “Soil Storage Values”; (9) adding the National Oceanic and Atmospheric (NOAA) Atlas 14 Volume 9 Version 2.0 and incorporating it by reference in Rule 40E-4.091, F.A.C., and (10) making other miscellaneous minor edits, clarifications, and conforming changes throughout. The SFWMD also proposes to update its incorporation of Chapter 62-302, F.A.C. (effective 11/17/2016) and Chapter 62-550, F.A.C. (effective 8/5/2016) to the current rules.
The proposed amendments to the “Environmental Resource Permit Applicant’s Handbook Volume II for Use Within the Geographic Limits of the South Florida Water Management District" are available online at:  https://www.sfwmd.gov/doing-business-with-us/rules.

RULEMAKING AUTHORITY:

373.044, 373.103, 373.113, 373.413, 373.418, 373.4131, 373.441, FS

LAW:

373.016, 373.429, 373.439, 373.046, 373.413, 373.4131, 373.414, 373.4142, 373.416, 373.418, 373.426, 373.441 FS

PRINT PUBLISH DATE:

4/21/2023 Vol. 49/78

COMMENTS:

From 4/21/2023 To 5/12/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-00052 Broward County Wellfield Protection Ordinance
Ref-00053 Miami-Dade Wellfield Protection Ordinance
Ref-02975 U.S. Department of Agriculture, Soil Conservation Service, "Rainfall Frequency Atlas of Alabama, Florida, Georgia and South Carolina for Durations from 30 Minutes to 24 Hours and Return Periods from 1 to 100 years" (1978), referenced in AH II subsection 5.7.2(c)
Ref-02977 62-520, F.A.C. (7/12/2009)
Ref-02981 Florida Department of Transportation "Drainage Manual, Appendix B: IDF-Curves, Precipitation Data, Rainfall Distributions" (August 2001)
Ref-02983 U.S. Department of Agriculture, Natural Resources Conservation Service "National Engineering Handbook, Part 630, Chapter 10" (2004)
Ref-06802 62-4, F.A.C., effective February 17, 2016
Ref-06803 62-302, F.A.C., effective February 17, 2016
Ref-06804 62-550, F.A.C., effective July 7, 2015
Ref-06805 Environmental Resource Permit Applicant's Handbook, Volume II For Use Within the Geographic Limits of the South Florida Water Management District

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.