Published on: 13080855. This is a continuation of the April 9, 2013 public hearing to adopt amendments in chapters 40C-1, 40C-4, 40C-41, 40C-42, and 40C-44, F.A.C., and amend the sections of the St. Johns River Water Management District Applicant’s Handbook (Volume II) that will be incorporated by reference as a result of the proposed amendments.; June 11, 2013, following the Regulatory Committee Meeting that begins as 11:00 a.m.; Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177
Published on: 12762113. The purpose and effect of this rulemaking is to amend rules of the St. Johns River Water Management District (District) consistent with section 373.4131, F.S. (2012), which requires the Florida Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permit (ERP) rules. These rules are to rely primarily upon existing rules of DEP and the WMDs, but may be revised as necessary to achieve a more consistent, effective, and streamlined approach in the state’s ERP program. To implement section 373.4131, F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. Some examples of subjects covered in DEP’s rulemaking for Chapter 62-330, F.A.C., include: permitting thresholds; permit exemptions; types of permits; permit fee categories; application and notice content and submittal procedures; procedures for processing ERP applications (including variances and general permits); conditions for issuance; and formal wetland determinations of the landward extent of wetlands and other surface waters. As part of its rulemaking, DEP also intends to incorporate by reference documents that will be known as an Applicant’s Handbook (AH). Two volumes of the AH will apply in each WMD: (1) one volume that will include general and environmental criteria and procedures and forms, which volume will apply statewide (AH Volume I); and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD (Applicant’s Handbook, Volume II). DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate changes to the District’s Chapter 40C-1, F.A.C.
To make the District’s rules consistent with DEP’s Chapter 62-330, the District proposes the following changes to Chapter 40C-1: (1) amend rule 40C-1.1009 to conform to DEP’s amendments to Chapter 62-330, because systems that currently require a permit under Chapters 40C-4, 40C-40, 40C-42, or 40C-400, F.A.C., will now require a permit under Chapter 62-330; (2) amend rules 40C-1.135 and 40C-1.602 to conform to DEP’s amendments to Chapter 62-330 regarding types of permits and delete references to permit types currently issued pursuant to Chapters 40C-4, 40C-40, 40C-42, or 40C-400 that will become 62-330 permits; (3) amend rule 40C-1.603 to conform to DEP’s amendments to Chapter 62-330 by simplifying ERP fees categories consistent with proposed statewide fees categories, and revising most ERP fees (due to the changes in ERP fees categories) in a manner that will not increase fees (and may reduce fees for certain environmental restoration or stormwater retrofit projects and projects consistent with a conceptual permit), including providing a limited (approximately two years) grandfathering provision for the cost of modifying existing 40C-4, 40C-40, and 40C-42 permits, providing free verification of a noticed exemption for certain minor silvicultural surface water management systems authorized under 62-330.0511, and providing a fee exemption for applications by the U.S. Department of Defense for a permit under Chapter 62-330; (4) amend rule 40C-1.608 to conform to DEP’s amendments to Chapter 62-330 by changing the Applicant’s Handbook reference to the equivalent provision in subsection 10.2.1 of the new Applicant’s Handbook Volume I that will be incorporated by reference in rules 62-330.010(4) and 40C-4.091(1); and (5) amend rule 40C-1.612 to conform to: (a) DEP’s amendments to Chapter 62-330 by deleting references to the transfer of ERPs under Chapters 40C-4, 40C-40, 40C-42, or 40C-400, because ERPs will now be issued pursuant to Chapter 62-330 and the transfer of 62-330 permits will be governed by new rules 62-330.310 and 62-330.340, (b) provide criteria governing the transfer of ERPs under 40C-44, and (c) provide a limited grandfathering provision for the transfer of ERPs issued under Chapters 40C-4, 40C-40, or 40C-42 that pre-date the amendments to Chapter 62-330.
After DEP’s amendments to Chapter 62-330 become effective, the District will repeal the following four rules that will be superseded by Chapter 62-330, using the procedure described in paragraph 373.4131(2)(c), F.S.: (1) 40C-1.1002 (variances under section 373.414, F.S.); (2) 40C-1.1006 (formal wetland determinations); (3) 40C-1.1013 (processing procedures for noticed general permits); and (4) 40C-1.604 (conceptual approval permit procedures).
Published on: 12442207. Section 373.4131, Florida Statutes, 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 Section 373.4131(1), FS., DEP has initiated rulemaking to revise rule chapter 62-330, F.A.C. The revisions to this rule chapter will necessitate amendments to St. Johns River Water Management District (SJRWMD) rule chapters 40C-1, 40C-4, 40C-41, 40C-42 and 40C-44, F.A.C. As part of its rulemaking, DEP also intends to incorporate by reference an applicant’s handbook. At least 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, and (2) a second volume specific to, and adopted by, the WMD that will (a) set forth design and performance standards for stormwater quality and quantity; (b) include basin designations and basin-specific rules within the WMD; and (c) address any District-specific thresholds and exemptions referenced in Chapter 62-330. These volumes will replace and/or amend the SJRWMD’s current applicant’s handbooks. Comments will be solicited regarding amendments to Chapters 40C-1, 40C-4, 40C-41, 40C-42 and 40C-44, F.A.C., and a document to be known as “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use within the Geographic Limits of the St. Johns River Water Management District,” which is based on existing provisions contained in the SJRWMD’s current applicant’s handbooks.
The District previously held a workshop regarding this rulemaking on September 14, 2012.
Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.
; January 14, 2013, 10:00 a.m. (EDT); St. Johns River Water Management District, District Headquarters, Governing Board, 4049 Reid Street, Palatka, Florida 32177. Persons can attend the workshop in person or register to attend by webinar. Webinar registration information is available on the District’s website http://www.floridaswater.com or can be obtained from Wendy Gaylord, Legal Administrative Assistant at (386) 326-3026 or wgaylord@sjrwmd.com.
Published on: 11940911. Section 373.4131, Florida Statutes, 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 section 373.4131(1), F.S., DEP has initiated rulemaking to revise rule chapter 62-330, F.A.C. The revisions to this rule chapter will necessitate amendments to St. Johns River Water Management District (SJRWMD) rule chapters 40C-1, 40C-4, 40C-41, 40C-42 and 40C-44. As part of its rulemaking, DEP also intends to incorporate by reference an applicant’s handbook. At least 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, and (2) a second volume specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity and include basin designations and basin-specific rules within the WMD. These volumes will replace and/or amend the SJRWMD’s current applicant’s handbooks. Comments will be solicited regarding amendments to chapters 40C-1, 40C-4, 40C-41, 40C-42 and 40C-44 and a document to be known as “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use within the Geographic Limits of the St. Johns River Water Management District,” which is based on existing provisions contained in the SJRWMD’s current applicant’s handbooks.; September 14, 2012, 9:30 a.m. (EDT); St. Johns River Water Management District, District Headquarters, Governing Board, 4049 Reid Street, Palatka, Florida 32177. Persons can attend the workshop in person or register to attend by webinar. Webinar registration information is available on the District’s website http://www.floridaswater.com or can be obtained from Wendy Gaylord, Legal Administrative Assistant at (386) 326-3026 or wgaylord@sjrwmd.com.
Published on: 11911811. The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating 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 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. Some examples of provisions that DEP has proposed to include in the proposed rulemaking for chapter 62-330 are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; and formal determinations of the landward extent of wetlands and other surface waters. As part of its rulemaking, DEP also intends to incorporate by reference documents to be known 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; and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD. DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in SJRWMD’s Chapters 40C-1, 40C-4, 40C-40, 40C-42, and 40C-400, and will necessitate amendments to SJRWMD Chapters 40C-1, 40C-4, 40C-41, 40C-42 and 40C-44, and its existing Applicant’s Handbooks. Therefore, the purpose of this rule development is to revise SJRWMD’s rules consistent with DEP’s adoption of statewide ERP rules in chapter 62-330.