The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above referenced rules. These rules were last amended on October 1, 2013, to make them consistent with section 373.4131, F.S., which ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.: RULE TITLE:

40C-44.021 Definitions

40C-44.065 Performance Standards

40C-44.066 Water Quality Practices

40C-44.071 Relationship to Other Permitting Requirements

40C-44.091 Publications Incorporated by Reference

40C-44.101 Content of the Application

40C-44.341 Revocation or Modification of Permits

40C-44.900 Forms and Instructions

PURPOSE AND EFFECT: The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above referenced rules. 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 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 subsection 40C-44.065(3) , F.A.C. and Rules 40C-44.341 and 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. 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; (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)”; and (3) delete certain provisions related to performance standards, permit revocation and permit modification that have been determined unnecessary since they are subsumed in other provisions of the rule or addressed by statute.

SUBJECT AREA TO BE ADDRESSED: This rule development will include: (1) revisions to the rules needed to correct and clarify text in light of provisions in Chapter 62-330, F.A.C., and “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)”, and (2) revisions on the following topics: (a) procedure for submitting and processing applications, (b) performance standards for permit issuance, and (c) permit revocation and modification.

Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY: 369.318, 373.044, 373.113, 373.116, 373.171, 373.4131, 373.415, 373.416, 373.418, FS.

LAW IMPLEMENTED: 369.318, 373.413, 373.4131, 373.416, 373.418, 373.461, FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 12, 2015 at 2:30 p.m.

PLACE: Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177

Information on how to attend the rule workshop by telephone is available at: http://floridaswater.com/ruledevelopment/ under the Notice of Rule Development column for this rulemaking.

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 at 386-329-4127 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Wendy Gaylord, Legal Administrative Assistant, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], or [e-mail]. The preliminary text, including revisions to Volume II, may be reviewed at http://floridaswater.com/ruledevelopment/.

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40C-44.021 Definitions.

(1) through (3) No change.

(4) “Conservation Plan” means a document, which describes a system of management practices to control and reduce soil erosion and sediment loss, and improve the quality of discharged water for a specific parcel of property, and which has been either:

(a) Prepared by the U.S. Department of Agriculture Soil Conservation Service (SCS) in conjunction with a local Soil and Water Conservation District Board, organized pursuant to Chapter 582, F.S., which includes and applies the appropriate management practices consistent with the SCS Field Office Technical Guide – Section IV and the Best Management Practices Selector, incorporated by reference in Rule 40C-44.091, F.A.C., and which includes the following elements when appropriate for the proposed land use:

1. through 6. No change.

7. Harvesting Reuse of the runoff from the agricultural site, using reservoir or canal storage already existing, proposed as part of the plan or otherwise required by permit, for uses such as freeze protection, soil flooding for pest control or soil preservation, or irrigation needs; and

8. No change.

(b) Prepared by a private consultant, who has professional expertise in the fields of hydrology, water pollution control, irrigation design and soil conservation, according to standards, specifications and guidelines developed by SCS. The plan must include and apply the appropriate management practices consistent with the SCS Field Office Technical Guide – Section IV and the Best Management Practices Selector, incorporated by reference in Rule 40C-44.091, F.A.C., and include the following elements when appropriate for the proposed land use:

1. through 6.  No change.

7. Appropriate harvesting reuse of the annual stormwater runoff from the agricultural site for uses such as freeze protection, soil flooding for pest control or soil preservation, or irrigation needs;

8. and 9.  No change.

(5) through (9) No change.

(10) “NAVD” means North American vertical datum.

Renumber (10) through (15) as (11) through (16) No change.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.413, 373.416 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95, 10-1-13,_____________.

 

40C-44.065 Performance Standards.

(1) through (2) No change.

(3) In addition to subsections (1) and (2), the applicant is advised that discharges from the agricultural surface water management system will be required to comply with a waste load allocation, or a pollutant load reduction goal pursuant to Chapter 62-40, F.A.C., when said allocation or goal is adopted by District rule, such that the operation is consistent with the objectives of the District as set forth in section 18.0 of  “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District”, which is hereby incorporated by reference as of (10-1-13) and available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-03002] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529. Nothing herein shall be construed to exempt discharges from meeting said allocation or goal.

Renumber (4) through (5) as (3) through (4) No change.

Rulemaking Authority 369.318, 373.044, 373.113, 373.171, 373.415, 373.416, 373.418, 373.461 FS. Law Implemented 369.318, 373.016, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.461 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95, 3-7-03, 12-3-06, 10-1-13,__________.

 

40C-44.066 Water Quality Practices.

The practices listed below are set forth in this rule for the purpose of evaluating compliance with this chapter. It is presumed the water quality practices implemented in accordance with this section will provide reasonable assurance that the system will comply with the performance standards described in Rule 40C-44.065, F.A.C. The water quality practices or other alternatives shall be implemented to the extent necessary to comply with the performance standards described in Rule 40C-44.065, F.A.C. In some cases, the implementation of these practices may not result in compliance with the performance standards for issuance of an individual environmental resource permit for an agricultural system. In those cases, the applicant shall provide for implementation of such additional water quality practices and/or treatment methodologies as necessary to provide reasonable assurance that the discharge will comply with the performance standards described in Rule 40C-44.065, F.A.C.

(1) Reduce the volume of stormwater and associated wastewater discharged to waters of the state by:

(a) No change.

(b) Maximizing on-site recycling to satisfy irrigation, freeze protection and pest control needs. The applicant may demonstrate maximum stormwater harvesting reuse by using all the practically available water from reservoir storage prior to using groundwater.

(2) through (3) No change.

(4) Applicants who propose to satisfy the performance standards in Rule 40C-44.065, F.A.C., by employing a treatment methodology or device other than those described in subsections 40C-44.066(1) through 40C-44.066(3), F.A.C., may seek approval for an equivalent alternative through the District’s individual permit process. The applicant must provide reasonable assurance, through plans, test results or other information, that the alternative will provide an adequate level of treatment to meet the performance standards above.

Rulemaking Authority 373.044, 373.113, 373.171, 373.416, 373.418 FS. Law Implemented 373.016, 373.416 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95, 10-1-13,_____________.

 

40C-44.071 Relationship to Other Permitting Requirements.

(1) No change.

(2) Alterations of existing agricultural surface water management systems, which would otherwise require permits pursuant to paragraph 62-330.020(2)(a), F.A.C., will be considered minor alterations and will qualify for an individual environmental resource permit, pursuant to this chapter, provided they do not increase the peak discharge rate and total discharge volume, when applicable (“Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District”, Section 3.2), or alter off-site storage and conveyance capabilities of the water resource (“Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District” Section 3.34), or adversely affect wetland functions, (“Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)” Section 10.2.2) or increase the off-site pollutant loading (“Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District” Section 4.0), all as incorporated by reference in paragraph 40C-4.091(1)(a), F.A.C., or implemented pursuant to paragraph 373.4131(2)(a), F.S. (2012), as applicable.

(3) through (5) No change.

Rulemaking Authority 373.044, 373.113, 373.171, 373.4131, 373.416, 373.418 FS. Law Implemented 373.4131, 373.416, 373.418 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95, 11-11-03, 10-1-13,___________.

 

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 [insert URL from DOS http://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.

Rulemaking Authority 369.318, 373.044, 373.113, 373.118, 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 10-20-92, Amended 7-4-93, 10-3-95, 1-11-99, 4-10-02, 3-7-03, 12-3-06, 12-27-10, 10-1-13,__________.

 

40C-44.101 Content of the Application.

(1) No change.

(2) Applicants for an individual environmental resource permit for an agricultural system under this chapter shall complete District form 40C-44.101(2), (Supplemental Information for Agricultural Systems) incorporated herein by reference, as of (10-1-13), available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-02658], and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, and Section A of form 62-330.060(1), Joint Application for Individual and Conceptual Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit” (effective date 10-1-13), available upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, and implemented pursuant to paragraph 373.4131(2)(a), F.S. (2012).

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