26974068, 40B-400.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26974068

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40B-400.091

Publications and Agreements Incorporated by Reference

PURPOSE:

In conjunction with the Florida Department of Environmental Protection (FDEP), Suwannee River Water Management District (SRWMD) is initiating rulemaking in accordance with Section 5 of Chapter 2020-150, Laws of Florida, to update the stormwater design and operation regulations adopted under Section 373.4131, F.S., using the most recent scientific information available. The purpose of this rulemaking is to remove stormwater quality criteria from SRWMD’s Environmental Resource Permit (ERP) Applicant’s Handbook Volume II (incorporated by reference in rule 40B-400.091, F.A.C.) so that the requirements can be consolidated in FDEP’s Chapter 62-330, F.A.C., and its ERP Applicant’s Handbook Volume I, and apply consistently statewide. Additionally, the 40B-400.091 rulemaking will remove documents incorporated by reference that are not referred to in the rule text; and the SRWMD ERP Applicant’s Handbook Volume II rulemaking will eliminate the requirement to analyze the 100-year frequency of the 3-day, 7-day, and 10-day storm durations for stormwater systems, eliminate rule language that is duplicative of FDEP’s rules, and add clarifying rule language. The effect will be more streamlined, consistent, and understandable rules; and stormwater design criteria that are more consistent with other water management districts and reduced regulatory burdens.

SUMMARY:

Remove stormwater quality presumptive criteria and water quality treatment standards, including best management practices, and other stormwater quality criteria; sediment and erosion control requirements; and operation and maintenance requirements from SRWMD’s ERP Applicant’s Handbook Volume II. Amendments also eliminate design storm requirements, eliminate duplicative rule language, and add clarifying rule language.

RULEMAKING AUTHORITY:

373.044, 373.046(4), 373.113, 373.118, 373.171, 373.4131, 373.414, 373.416, 373.418, 373.421(2) FS.

LAW:

373.046, 373.118, 373.413, 373.4131, 373.414, 373.4135, 373.416, 373.418, 373.421(2)-(6), 373.426 FS.

PRINT PUBLISH DATE:

3/24/2023 Vol. 49/58

COMMENTS:

From 3/24/2023 To 4/14/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

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