In 2020, the Legislature passed Senate Bill 712 (SB 712) (AKA the Clean Waterways Act, now in Chapter 2020-150, Laws of Florida). SB 712 directed the Florida Department of Environmental Protection (DEP) and water management ....

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-4.091Publications Incorporated by Reference

PURPOSE AND EFFECT: In 2020, the Legislature passed Senate Bill 712 (SB 712) (AKA the Clean Waterways Act, now in Chapter 2020-150, Laws of Florida). SB 712 directed the Florida Department of Environmental Protection (DEP) and water management districts (WMDs) to: (1) update the Environmental Resource Permit (ERP) stormwater design and operation regulations, using the latest scientific information, to increase the removal of nutrients from stormwater discharges, and (2) consider and address low-impact design (LID) best management practices (BMPs) and design criteria that increase removal of nutrients from stormwater, and measures to reduce pollutant loadings by consistent application of the net water quality improvement performance standard. The purpose and effect of this rulemaking is to: (1) remove all water quality presumptive criteria and water quality treatment standards, including for all best management practice (BMP) stormwater treatment methods, and remove other water quality criteria, sediment and erosion control requirements, and operation and maintenance requirements, which will all now be covered in DEP’s Chapter 62-330, F.A.C., and its Environmental Resource Permit (ERP) Applicant’s Handbook Volume I (General and Environmental) (hereafter “DEP’s Handbook Volume I”); (2) update and clarify SJRWMD’s remaining rules regarding other criteria and standards for various BMPs in SJRWMD’s Handbook Volume II; (3) repeal dry detention as a BMP (due to its low ability to remove nutrients); (4) add design criteria for above ground berms that could impound water (for water quality and safety reasons) in SJRWMD’s Handbook Volume II; (5) update and clarify side slope criteria (for water quality and safety reasons) in SJRWMD’s Handbook Volume II; (6) update and conform SJRWMD’s rules on dam safety with DEP’s changes to its dam safety rules in DEP’s Handbook Volume I (for water quality and safety reasons) in SJRWMD’s Handbook Volume II; (7) update Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”) in SJRWMD’s Handbook Volume II; (8) update and simplify the Lake Apopka rules and other special basin rules in section 13.0 of SJRWMD’s Handbook Volume II; and (9) make other miscellaneous minor edits, clarifications, and conforming changes throughout.

SUMMARY: As amended, subsection 40C-4.091 will incorporate certain portions of a revised document entitled “Environmental Resource Permit Applicant’s Handbook Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”. This Volume II handbook volume accompanies DEP’s Handbook Volume I and will continue to be used in conjunction with Volume I to implement the State’s Environmental Resource Permitting (ERP) program within the boundaries of SJRWMD. Generally, the revised incorporated provisions: (1) remove all water quality presumptive criteria and water quality treatment standards, including for all best management practice (BMP) stormwater treatment methods, and remove other water quality criteria, sediment and erosion control requirements, and operation and maintenance requirements (which will all now be covered in DEP’s Chapter 62-330 and Handbook Volume I); (2) update and clarify SJRWMD’s remaining rules regarding other criteria and standards for various BMPs; (3) repeal dry detention as a BMP; (4) add design criteria for above ground berms that could impound water; (5) update and clarify side slope criteria; (6) update and conform SJRWMD’s rules on dam safety with DEP’s changes to its dam safety rules; (7) update Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”); (8) update and simplify the Lake Apopka rules and other special basin rules in section 13.0 of SJRWMD’s Handbook Volume II; and (9) make other miscellaneous minor edits, clarifications, and conforming changes throughout.

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: 373.046(4), 373.113, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461 FS.

LAW IMPLEMENTED: 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3) 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: . 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: Tom Mayton, Deputy 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-4.091 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a)1. Part I “Introduction, Organization, Definitions and Applicability,” Part II “General Criteria,” Part III “Stormwater Quantity/Flood Control,” Part IV “Stormwater Quality,” and Part V “Best Management Practices,” 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 date), which are all available at [insert link https://www.flrules.org/Gateway/reference.asp?No=Ref-06351];

2. Part VI “Basin Criteria,” available at [insert link https://www.flrules.org/Gateway/reference.asp?No=Ref-06352];

3. and 4. No change.

5. Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”) available at [insert link http://www.flrules.org/Gateway/reference.asp?No=Ref-03009]; and,

6. No change.

(b) through (e) No change.

(2) The documents may be obtained by contacting:

Office Director, Office of Records and Regulatory Support Bureau of Regulatory Support

St. Johns River Water Management District

4049 Reid Street

Palatka, Florida 32177-2529

 

St. Johns River Water Management District

7775 Baymeadows Way, Suite 102

Jacksonville, Florida 32256

 

St. Johns River Water Management District

2501 S. Binion Road,

Apopka, Florida 32703

601 South Lake Destiny Road, Suite 200

Maitland, Florida 32751-7262

 

St. Johns River Water Management District

525 Community College Pkwy., S.E.

Palm Bay, Florida 32909

Rulemaking Authority 369.318, 373.044, 373.046(4), 373.113, 373.117, 373.4131, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.461 FS. Law Implemented 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.117, 373.129, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.419, 373.423, 373.426, 373.461(3), 403.0877 FS. History–New 12-7-83, Amended 10-14-84, Formerly 40C-4.091, Amended 5-17-87, Formerly 40C-4.0091, Amended 8-20-87, 10-1-87, 10-11-87, 11-26-87, 8-30-88, 1-1-89, 8-1-89, 10-19-89, 4-3-91, 9-25-91, 11-12-91, 3-1-92, 7-14-92, 9-8-92, 9-16-92, 11-12-92, 11-30-92, 1-6-93, 1-23-94, 2-27-94, 11-22-94, 10-3-95, 8-20-96, 11-25-98, 12-3-98, 1-7-99, 1-11-99, 8-21-00, 7-8-01, 10-11-01, 4-10-02, 9-26-02, 3-7-03, 11-11-03, 2-1-05, 12-3-06, 7-1-07, 5-13-08, 11-5-08, 10-29-09, 2-16-10, 12-27-10, 10-1-13, 6-1-18,               .

 

This rule will become effective on July 1, 2023, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Florida Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on November 19, 2020 (Vol. 46, No. 236) take effect, whichever is later.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Mayton, Deputy General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] [e-mail].

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: February 14, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 14, 2020