The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-25.042: Permit Requirements for Wetland Stormwater Discharge Facilities
62-25.050: Delegation
62-25.080: General Provisions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Repeal of the following rules in Chapter 62-25, F.A.C., Regulation of Stormwater Discharge, that the Department has determined are obsolete or otherwise no longer necessary in accordance with Executive Order 11-01:
Rule 62-25.042, F.A.C., has not been used in over 20 years. The performance standards in subsection (6) of this rule have not been affirmatively approved by the Environmental Regulation Commission in accordance with subsection (1) of this rule, and should have been repealed as of April 1, 1989. Wetlands stormwater discharge facilities can still be proposed and would be regulated under the rules adopted under Part IV of Chapter 373, F.S.
The provisions for delegating the regulation of stormwater management and discharge systems to local governments under Rule 62-25.050, F.A.C., have been superseded by Section 373.441, F.S., and Chapter 62-344, F.A.C., which now govern all delegations under Part IV of Chapter 373, F.S. Only one local government, the City of Tallahassee, ever received a partial delegation of authority to regulate certain stormwater management and discharge systems under Chapter 62-25, F.A.C., and that delegation was rescinded in 2007, at the City’s request.
Rule 62-25.080, F.A.C., restates legal provisions that already exist, and will continue to exist, if this rule is repealed. This rule does not add any useful information for staff or the public, and therefore is unnecessary.
OTHER RULES INCORPORATING THIS RULE: Rule 62-25.042, F.A.C., is referenced in subsections 62-25.020(19), 62-25.020(20), and 62-25.040(1), F.A.C., and paragraph 62-25.040(7)(a), F.A.C. Those references will need to be replaced with “wetlands permitted for stormwater treatment under Rule 62-25.042, F.A.C. (May 5, 1985) or Part IV of Chapter 373, F.S.” As part of the revisions to subsection 62-25.020(19), F.A.C., the reference to “Rule 62-301.400, F.A.C.,” also will need to be revised to “Chapter 62-340, F.A.C.,” because Chapter 62-301, F.A.C., is proposed for repeal through separate rulemaking.
Rule 62-25.042, F.A.C., also is referenced in paragraphs 62-340.700(1)(c) and (2)(a), F.A.C. Those references will need to be corrected to “excluding wetlands permitted for stormwater treatment under Rule 62-25.042, F.A.C. (May 5, 1985) or Part IV of Chapter 373, F.S.” In addition, references to this rule contained in subparagraphs 40B-400.051(3)(a)3. and (3)(b)1., 40C-4.051(13)(a)3. and (b)1., 40D-4-051(12)(a)3. and (b)1., and 40E-4.0515(1)(a)3. and (b)(1), F.A.C., which are incorporated by reference in Rule 62-330.200, F.A.C., will be similarly corrected by amending Rule 62-330.200, F.A.C.
Rule 62-25.050, F.A.C., is referenced in subsection 62-25.040(1), F.A.C., and paragraph 62-25.040(7)(a), F.A.C. Those references will need to be corrected to cite to Chapter 62-344, F.A.C.
EFFECT ON THOSE OTHER RULES: With the changes proposed above, there will be no substantive affect on the other rules that cross reference the rules proposed for repeal.
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 rules are not required by statute and are being repealed to reduce unnecessary regulatory costs.
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: 373.026(7), 373.043, 373.4145, 403.805(1) FS.
LAW IMPLEMENTED: 373.4145 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 13, 2012, 8:00 a.m., ET
PLACE: Room 609, Bob Martinez Building, 2600 Blair Stone Road, Tallahassee, Florida
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: Mary VanTassel at [phone]. 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: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone] or e-mail: [e-mail]. (OGC No. 11-0871)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-25.042 Permit Requirements for Wetland Stormwater Discharge Facilities.

Rulemaking Specific Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 5-8-85, Formerly 17-25.042, Repealed________.

 

62-25.050 Delegation.

Rulemaking Specific Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 1-26-84, 5-8-85, Formerly 17-25.05, 17-25.050, Repealed________.

 

62-25.080 General Provisions.

Rulemaking Specific Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–Formerly 17-4.248, Amended and Renumbered 1-20-82, Formerly 17-25.08, 17-25.080, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011