By notice published in the Florida Administrative Register on February 12, 2015, the St. Johns River Water Management District (SJRWMD) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S. These rules were last amended on ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-44.091Publications Incorporated by Reference

PURPOSE AND EFFECT: By notice published in the Florida Administrative Register on February 12, 2015, the St. Johns River Water Management District (SJRWMD) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S. These rules were last amended on October 1, 2013, to make them consistent with section 373.4131, F.S., which required the Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop statewide environmental resource permitting (“ERP”) rules. The purpose and effect of this rulemaking will be to make corrections and provide clarifications that have been identified as necessary since October 1, 2013, and to address comments received from the Joint Administrative Procedures Committee (JAPC). More specifically, the effect of the rulemaking will be to: (1) update the effective date for Part VII of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use within the Geographic Limits of the St. Johns River Water Management District” (Volume II), incorporated by reference in Rule 40C-44.091, F.A.C., since SJRWMD intends to amend this part of Volume II; (2) replace references to “reuse” with “harvesting” or “stormwater harvesting” since those terms are used in Volume II to refer to methods that prevent the discharge of stormwater into surface waters of the State by deliberate application of stormwater for irrigation; (3) repeal subsections 40C-44.065(2)-(3) and rule 40C-44.900, F.A.C. as the District has determined these provisions are no longer needed in light of (a) amendments that became effective October 1, 2013, and (b) existing statutory and rule provisions; (4) add a definition of “NAVD” in Rule 40C-44.021, F.A.C.; and (5) update subsection 40C-44.301(3), F.A.C., which currently references Rule 40C-44.900, F.A.C., because Rule 40C-44.900, F.A.C. is being repealed (for being redundant with subsection 40C-44.101(2), F.A.C.). The proposed rule revisions to Part VII of Volume II will: (1) delete references to appendices D through G which are now incorporated by reference in Rules 40C-44.061 and 40C-44.101, F.A.C. as Forms 40C-44.101(2), EN-14M, Table 1, and EN-52 (including §§14.3, 16.3.2, 16.6.2, 16.6.3); (2) revise in part the procedure for processing and submitting applications for certain agricultural surface water management systems to make it consistent with “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)” (including §15.4.1); (3) delete certain provisions related to performance standards that have been determined unnecessary since they are subsumed or incorporated in other provisions of the rule or addressed by statute (including §§14.5, 19.1.1); and (4) amend several provisions to implement conforming, clarifying and technical changes (including §§ 15.4, 16.3.2, 16.6.2, 16.6.3, 17.2, 18.1.1, 19.2.2, 19.2.4) .

SUMMARY: The proposed rule amendments will correct and clarify text in light of provisions in Chapter 62-330, F.A.C. and “Environmental Resource Applicant’s Handbook, Volume I (General and Environmental)” and make conforming, technical and clarifying changes throughout the rules and “Applicant’s Handbook Environmental Resource Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”. Additionally, subsection 40C-44.301(3), F.A.C. will be updated to reference 40C-44.101(2) , F.A.C. (rather than 40C-44.900, F.A.C.), and rule 40C-44.900, F.A.C. and subsections 40C-44.065(2) and (3), F.A.C. will be repealed since they are subsumed or incorporated in other rule or statutory provisions.

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 the District’s 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, 373.016, 373.044, 373.113, 373.118, 373.171, 373.406, 373.413, 373.4131, 373.416, 373.418 FS.

LAW IMPLEMENTED: 373.016, 369.318, 373.016, 373.103, 373.406, 373.409, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.461 373.603, 373.609, 373.613 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-44.091 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference Part VII (sections 14.0-19.2.6), available at [https://www.flrules.org/Gateway/reference.asp?No=Ref-06357http://www.flrules.org/Gateway/reference.asp?No=Ref-03002] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529 of the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District”, effective (effective date 10-1-13).

(a) through (b) No change.

(2) through (3) No change.

This rule will become effective on January 1, 2016, 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 is later.

Rulemaking Authority 369.318, 373.044, 373.113, 373.171, 373.406, 373.4131, 373.416, 373.418 FS. Law Implemented 369.318, 373.406, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.461, 373.603, 373.609, 373.613 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95, 12-3-06, 10-1-13,                                      .

 

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, 386-329-4488 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

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 12, 2015 (for 40C-44.021, 40C-44.065, 40C-44.066, 40C-44.071, 40C-44.091, 40C-44.101, 40C-44.900, F.A.C.) and November 12, 2015 (for 40C-44.301, F.A.C. only)