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, ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.: RULE TITLE:

40B-400.091: Publications and Agreements Incorporated by Reference

PURPOSE AND EFFECT: 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. The effect will be more streamlined, consistent, and understandable rules.

SUMMARY: Stormwater management systems; State stormwater quality standards; Best Management Practices; ERP Applicant’s Handbook Volumes I and II

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by District staff in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: SRWMD at [phone] or 1(800)226-1066 (FL only). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-400.091 Publications and Agreements Incorporated by Reference.

The Governing Board incorporates herein by reference all the documents found in this section. All documents except for Chapter 62-330, F.A.C., and Chapter 373, F.S. can be obtained from the District website at http://www.mysuwanneeriver.com/Permitting or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060. Chapter 62-330, F.A.C., and Chapter 373, F.S. can be obtained from the District website at http://www.mysuwanneeriver.com/Rules, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060. This rule is used in conjunction with Rule 62-330, F.A.C., [insert link], (effective date) http://www.flrules.org/Gateway/reference.asp?No=Ref-03220 (2013), to implement the District’s responsibility under Part IV of Chapter 373, F.S. (2013).

(1) The Applicant’s Handbook Volume I, [insert link], (effective date) http://www.flrules.org/Gateway/reference.asp?No=Ref-03219, effective October, 2013.

(2) The Applicant’s Handbook Volume II, http://www.flrules.org/Gateway/reference.asp?No=Ref-16304, (effective date) http://www.flrules.org/Gateway/reference.asp?No=Ref-15406, effective July 5, 2023.

(3) No change.

(4) The “Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual, Tier I”, http://www.flrules.org/Gateway/reference.asp?No=Ref-15319, effective October 2018 http://www.flrules.org/Gateway/reference.asp?No=Ref-03047, effective July 2008 and “Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual, Tier II” http://www.flrules.org/Gateway/reference.asp?No=Ref-15320, effective October 2018.

(5) The “State of Florida Erosion and Sediment Control Designer and Reviewer Manual”, http://www.flrules.org/Gateway/reference.asp?No=Ref-15321, http://www.flrules.org/Gateway/reference.asp?No=Ref-15407, effective July 2013 June 2007.

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 Implemented 373.046, 373.118, 373.413, 373.4131, 373.414, 373.4135, 373.416, 373.418, 373.421(2)-(6), 373.426 FS. History–New 10-3-95, Amended 12-3-98, 3-7-02, 5-15-02, 7-1-07, 10-14-13, 4-26-18, 7-5-23, [DATE].

PROPOSED EFFECTIVE DATE: This rule will become effective on July 1, 2024, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Florida Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on November 19, 2020 (Vol. 46/236) take effect, whichever is later.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 15, 2023