Published on: 24366708. As required by the Federal Clean Water Act, the Department of Environmental Protection (Department) is conducting the Triennial Review of state surface water quality standards. All surface water quality standards in Chapter ....
Published on: 22452607. The Department is conducting a set of public workshops for the Triennial Review of state surface water quality standards. These workshops are a follow-up to the Triennial Review kickoff public workshops/hearings held in May 2019, in Tallahassee, Hobe Sound, and Orlando. The Department is considering revisions to specific rule sections; however, all surface water quality standards in Chapter 62-4, Chapter 62-302, Chapter 62-303, and Chapter 62-304, F.A.C., are under review and may be revised as part of Triennial Review. Some of the items under consideration for revision during this Triennial Review include: 1) revision of the marine and freshwater cadmium criteria, 2) revision of the turbidity criterion, including a criterion to protect corals and hardbottom communities, 3) incorporation by reference of a document titled “Implementation of the Turbidity Criterion for the Protection of Coral Reef and Hardbottom Communities”, 4) revisions to the document titled “Implementation of Florida’s Numeric Nutrient Standards” (only specific sections will be proposed for incorporation by reference), 5) Cyanotoxin criteria (Microcystins and Cylindrospermopsin), 6) adoption of Type II site specific alternative criteria (SSACs) for dissolved oxygen for 11 freshwater streams, 7) incorporation of compliance schedule authorization language into Chapter 62-302, F.A.C., 8) creation of new maps showing Class II (Shellfish Propagation or Harvesting) waters in select counties, 9) revision of the Florida Coastal Segment Numeric Nutrient Criteria (NNC) map, 10) revisions to a number of estuary nutrient region (ENR) maps, 11) addition of text to Chapter 62-303, F.A.C., to assess more expressions of NNC, 12) clarification of listing thresholds in Chapter 62-303, F.A.C., for listings based on fish consumption advisories, 13) addition of new language to Chapter 62-303, F.A.C., to discuss assessment of trends using the Mann-Kendall Trend Test, 14) addition of language to Chapter 62-303, F.A.C., to incorporate portions of the document titled “Implementation of Florida’s Numeric Nutrient Standards” by reference, and 15) a wide variety of non-substantive clarifications and clean-up. No changes are proposed to Chapter 62-4, F.A.C., or Chapter 62-304, F.A.C., at this time.; Monday, November 4, 2019, 9:00 a.m; Florida Department of Environmental Protection, Bob Martinez Center, Room 609, 2600 Blair Stone Road, Tallahassee, Florida
Teleconference Call-in: 1-888-585-9008, Conference Room Number: 125-938-245#
DATE AND TIME: Tuesday, November 5, 2019, 9:00 a.m.
PLACE: South Florida Water Management District, Fort Myers Service Center, 1st floor conference room, 2301 McGregor Blvd., Fort Myers, Florida
DATE AND TIME: Wednesday, November 6, 2019, 9:00 a.m.
PLACE: Nova Southeastern University, Halmos College of Natural Sciences and Oceanography Guy Harvey Oceanographic Center Auditorium, 8000 N. Ocean Drive, Dania Beach, Florida
DATE AND TIME: Thursday, November 7, 2019, 9:00 a.m.
PLACE: Florida Department of Environmental Protection, Northeast District Office, Conference Rooms 1A and 1B, 8800 Baymeadows Way West, Suite 100, Jacksonville, Florida
Published on: 21679711. As required by the Federal Clean Water Act, the Department of Environmental Protection (Department) is initiating the Triennial Review of state surface water quality standards. All surface water quality standards in Chapter 62-4, Chapter 62-302, Chapter 62-303, and Chapter 62-304, F.A.C., are under review and may be revised as part of the Triennial Review.
Published on: 17185313. of its intent to grant a variance under Section 403.201, F.S., from the provisions of Rule 62-4.244(5)(c), Florida Administrative Code (F.A.C.), and from Rules 62-4.242(2)(a)2.b. and 62-302.700(1), F.A.C., to the U.S. Army Corps of Engineers (Corps). The file has been assigned (File No. 0129277-018-BV). The variance will temporarily allow an expanded turbidity mixing zone that extends 600 meters downcurrent from the dredge for work adjacent to the existing federal channel in the Outstanding Florida Waters (OFWs) of the Timucuan Ecological and Historic Preserve and the Nassau River – St. Johns River Marshes Aquatic Preserve. The variance will also temporarily establish a maximum allowable turbidity level of 6 Nephelometric Turbidity Units (NTUs) above background for work within the OFWs at the edge of the mixing zone. This temporary variance shall only be valid during the construction activities authorized in Permit No. 0129277-017-BI for the Jacksonville Harbor Federal Channel Expansion located in Duval County, and shall expire when the permit expires. The variance is being granted because the petitioner has demonstrated there is no practicable means known or available for the adequate control of the pollution involved. The Department’s file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Beaches, Inlets and Ports Program, 2600 Blair Stone Road, Tallahassee, Florida 32399, or a the following website: ftp://ftp.dep.state.fl.us/pub/ENV-PRMT/duval/pending/0129277-017-BI%20Jacksonville%20Harbor%20Expansion/.
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.
A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b)The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
Petitions for an administrative hearing must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative hearing under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. -
Mediation is not available in this proceeding.
Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.
Published on: 16715348. The proposed rules: (1) revise subparagraph 62-4.242(3)(a)2., F.A.C., to delete text related to mixing zones in Outstanding Natural Resource Waters, (2) delete subsection 62-4.242(4), F.A.C., which pertains to equitable abatement, and (3) clarify that the fee in subparagraph 62-4.050(4)(q)1., F.A.C., for Site Specific Alternative Criteria, applies to each application instead of each parameter.
Published on: 15947399. As required by the Federal Clean Water Act, the Department of Environmental Protection (Department) is initiating the Triennial Review of state surface water quality standards. The Department is considering revisions to specific rule sections at this time; however, all surface water quality standards in Chapter 62-4, Chapter 62-302 and Chapter 62-303, F.A.C., are under review and may be revised as part of Triennial Review. The Department proposes to: (1) revise subparagraph 62-4.242(3)(a)2., F.A.C., to delete text related to mixing zones in Outstanding Natural Resource Waters, (2) delete subsection 62-4.242(4), F.A.C., and (3) reduce the fee in Rule 62-4.050, F.A.C., for Site Specific Alternative Criteria from $15,000 per water quality parameter to $5,000 per water quality parameter.