The purpose and effect of the proposed rule amendment is to repeal a rule identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-25.001Scope

62-25.020Definitions

62-25.025Design and Performance Standards

62-25.027Legal Operation/Maintenance Entity Requirements

62-25.030Exemptions

62-25.035Stormwater General Permits

62-25.040Construction Permit Requirements for New Stormwater Discharge Facilities

62-25.060Relationship to Other Permitting Requirements

62-25.801General Permit for New Stormwater Discharge Facilities

62-25.900Stormwater

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to repeal a rule identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: : Rule 62-25.001, F.A.C., provides the scope and intent of Chapter 62-25, F.A.C., to provide permits for new stormwater discharge facilities. Rule 62-25.020, F.A.C., provides definitions for words that are used throughout Chapter 62-25, F.A.C. Rule 62-25.025 provides the design and performance standards for the purpose of determining compliance with Chapter 62-25, F.A.C. Rule 62-25.027, F.A.C., explains the legal operation and maintenance entity requirements that must be met to ensure that a stormwater discharge facility is operated in compliance with the requirements of Chapter 62-25, F.A.C. Rule 62-25.030, F.A.C., lists the types of new stormwater discharge facilities that are exempt from the notice and permit requirements of Chapter 62-25, F.A.C. Rule 62-25.035, F.A.C., specifies which types of Stormwater discharge facilities may be constructed with a general permit under 62-25.801, F.A.C. Rule 62-25.040, F.A.C., specifies the requirements to obtain a construction permit for the construction of new stormwater discharge facilities. Rule 62-25.060, F.A.C., explains that if a new stormwater discharge facility requires a permit under other Department rules the stormwater discharge permit will be reviewed under those other permit applications. Rule 62-25.801, F.A.C., explains the requirements and conditions for a general permit for new stormwater discharge facilities. Rule 62-25.900, F.A.C., is a list of forms to be used in Chapter 62-25, F.A.C.

These rules are being repealed because they are no longer necessary as the rules regarding stormwater discharges have been replaced by the Statewide Environmental Resource Permitting in Chapter 62-330, F.A.C. Chapter 62-25, F.A.C., is cross-referenced in Rules 62-4.050, 62-40.431, 62-113.100, 62-113.200, 62-312.350, 62-312.824, 62-330.051, 62-340.700, 62-346.020, 62-346.051, 62-624.100, 62-701.220, 62-709.300, 62-711.540, 62-713.300, 62-762.701, 62-673.610, 28-20.100, 28-22.201, 9J-5.011, 40B-400.051, 40C-4.051, 40C-42.061, and 40E-4.0515, F.A.C. The rule repeal will not have an effect on these rule sections as Chapter 62-25, F.A.C., is no longer used and has been grandfathered into Chapter 62-330, F.A.C. These rule sections will have to be amended to replace the references to Chapter 62-25, F.A.C., with 62-330, F.A.C.

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: repeal of these rules will not have an adverse impact or increase regulatory costs on any entity.

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, and 403.805(1) FS.

LAW IMPLEMENTED: 373.4145 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Heather Mason, 2600 Blairstone Rd., MS 3500, Tallahassee, FL, 32399-24070, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-25.001 Scope.

Rulemaking 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, Formerly 17-25.01, 17-25.001, Repealed        .

 

62-25.020 Definitions.

Rulemaking 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 3-30-82, 1-26-84, 5-8-85, Formerly 17-25.02, 17-25.020, Repealed        .

 

62-25.025 Design and Performance Standards.

Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 1-26-84, Amended 3-28-84, 5-8-85, Formerly 17-25.025, Repealed        .

 

62-25.027 Legal Operation/Maintenance Entity Requirements.

Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 10-1-85, Formerly 17-25.027, Repealed        .

 

62-25.030 Exemptions.

Rulemaking 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 3-30-82, 1-26-84, 3-28-84, 5-8-85, Formerly 17-25.03, Amended 8-30-88, Formerly 17-25.030, Repealed        .

 

62-25.035 Stormwater General Permits.

Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 5-8-85, Formerly 17-25.035, Repealed        .

 

62-25.040 Construction Permit Requirements for New Stormwater Discharge Facilities.

Rulemaking 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 3-30-82, 1-26-84, 3-28-84, 5-8-85, Formerly 17-25.04, 17-25.040, Repealed        .

 

62-25.060 Relationship to Other Permitting Requirements.

Rulemaking 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 17-25.06, 17-25.060, Repealed        .

 

62-25.801 General Permit for New Stormwater Discharge Facilities.

Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 5-8-85, Formerly 17-4.71, 17-4.710, 17-25.801, Repealed        .

 

62-25.900 Stormwater.

Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. Amended 3-31-84, 5-8-85, Formerly 17-1.215, Formerly 62-1.215, Repealed        .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Heather Mason

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Jonathan P. Steverson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/20/2016