The purpose and effect will be to repeal this rule.

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-42.091Publications Incorporated by Reference

PURPOSE AND EFFECT: The purpose and effect will be to repeal this rule.

SUMMARY: The existing rule incorporates by reference Part V (“Best Management Practices”) of a document entitled “Environmental Resource Permit Applicant’s Handbook Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District” (Volume II). This handbook volume accompanies Applicant’s Handbook – Volume I (General and Environmental) and will continue to be used in conjunction with Volume I to implement the State of Florida ERP program within the boundaries of SJRWMD. Generally, Part V of Volume II contains design and performance standards for different types of stormwater management practices including retention, underdrain, exfiltration, wet detention, swale, dry detention, and wetlands stormwater management. The rule is proposed for repeal since SJRWMD is proposing to amend rule 40C-4.091, F.A.C. to incorporate this part of the Applicant’s Handbook with some revisions that are described in the Notice of Proposed Rule for 40C-4.091, F.A.C. (which will be published concurrently with this Notice of Proposed Rule).

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: 369.318, 373.044, 373.113, 373.118, 373.406, 373.4131, 373.414, 373.418 FS.

LAW IMPLEMENTED: 369.318, 373.117, 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 48 hours before the workshop/meeting by contacting: District Clerk, [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: Veronika Thiebach, Sr. Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-42.091 Publications Incorporated by Reference.

This rule repeal will become effective on January 1, 2016, or upon the date that the related, concurrent amendment to 40C-4.091 takes effect, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on September 3, 2014 (Vol. 40, No. 17) take effect, whichever date is latest.

Rulemaking Authority 369.318, 373.044, 373.113, 373.118, 373.406, 373.4131, 373.414, 373.418 FS. Law Implemented 369.318, 373.117373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.419, 373.423, 373.426, 373.461, FS. History–New 4-11-94, Amended 7-20-95, 10-3-95, 1-11-99, 10-11-01, 4-10-02, 2-1-05, 12-3-06, 12-27-10, Repealed__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Veronika Thiebach, Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] and Thomas Mayton Jr., Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2015