By notice published in the Florida Administrative Weekly on August 24, 2012, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S. Section 373.4131, F.S. became ...

 

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO.:RULE TITLE:
40C-4.091Publications Incorporated by Reference
PURPOSE AND EFFECT: By notice published in the Florida Administrative Weekly on August 24, 2012, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S. Section 373.4131, F.S. became effective on July 1, 2012, and requires the Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop statewide environmental resource permitting (“ERP”) rules. These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective and streamlined approach in the state’s ERP program.
To implement 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. As part of its rulemaking, DEP intends to incorporate by reference documents to be known collectively as an applicant’s handbook. Two volumes of the applicant’s handbook will apply in each WMD: (1) one volume that will include general and environmental procedures and forms that will apply statewide (Volume I) and (2) a second volume specific to, and adopted by, the WMD (Volume II) that will (a) set forth design and performance standards for stormwater quality and quantity, (b) include drainage basin designations and basin specific rules within the WMD and (c) address any District-specific thresholds and exemptions referenced in chapter 62-330. These volumes will replace the SJRWMD’s existing handbooks, including “Applicant’s Handbook: Management and Storage of Surface Waters (December 27, 2010)” (MSSW Handbook).
Rule 40C-4.091 incorporates by reference certain portions of the MSSW Handbook. Many, but not all, of the provisions in this handbook will be superseded by provisions in the new state-wide Volume I. Therefore, Rule 40C-4.091 will be amended to delete reference to the District’s existing MSSW Applicant’s Handbook and incorporate by reference applicable portions of SJRWMD Volume II. The incorporated portions include or are based on existing provisions in the District’s MSSW Handbook and, in some instances, SJRWMD’s “Applicant’s Handbook : Regulation of Stormwater Management Systems (Chapter 40C-42)” (December 27, 2010)(Stormwater Handbook) and “Applicant’s Handbook: Agricultural Surface Water Management Systems (Chapter 40C-44)” (December 27, 2010) (Agricultural Handbook). For example, except for the definitions of “floodway” and “hydrologically sensitive area” (existing definitions in the MSSW Handbook), all of the definitions in section 2.1 of Volume II are existing rule definitions from the Stormwater Handbook, and sections 13.6 through 13.6.3 (“Special Karst Area Basin Design Criteria”) are existing provisions from the Stormwater Handbook. In sum, the purpose and effect of the proposed amendments to Rule 40C-4.091 are to reflect adoption of the statewide ERP rules that will include a new Environmental Resource Permit Applicant’s Handbook.
With the exception of rules 40C-4.031 and 40C-4.091, the remaining rules in chapter 40C-4 will be repealed in accordance with section 373.4131(2)(c), F.S.
SUMMARY: As amended, subsection 40C-4.091 will incorporate 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”. This handbook volume accompanies Applicant’s Handbook – Volume I (General and Environmental) and will be used in conjunction with Volume I to implement the State’s ERP program within the boundaries of SJRWMD. Generally, the volume’s provisions address: (1) design and performance standards, and criteria for water quality and quantity for stormwater management systems, works and other regulated activities, including alternative criteria for those systems; (2) explanations of standards and criteria pertaining to water flows and levels, flood protection, and the design of dams; (3) explanations of basin criteria; (4) description of drainage basins and regional watersheds; and (5) description of District-specific thresholds and exemptions to be referenced in amended chapter 62-330.
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 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 the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
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, 373.046(4), 373.113, 373.117, 373.4131, 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, 373.118, 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.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on April 9, 2013, which begins immediately following the Regulatory Committee Meeting that begins at 10:00 a.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Rules Coordinator, 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) Part I “Introduction, Organization, Definitions and Applicability “Policy and Procedures,” Part II “General Criteria for Evaluation,” subsections 18.0, 18.1, 18.2, and 18.3 of Part III “Stormwater Quantity/Flood Control,” Part IV “Stormwater Quality,” Part VI “Basin Criteria,” Appendix A “Drainage Basins for Cumulative Impacts Evaluation and Regional Watersheds for Mitigation Banking,” and Appendix B K “Legal Description Upper St. Johns River Hydrologic Basin,” “Legal Description Ocklawaha River Hydrologic Basin,” “Legal Description of the Wekiva River Hydrologic Basin,” “Legal Description of the Wekiva Recharge Protection Basin,” “Legal Description of the Econlockhatchee River Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Alachua County,” “Legal Description Tomoka River Hydrologic Basin,” “Legal Description Spruce Creek Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Marion County,” and “Legal Description of the Lake Apopka Hydrologic Basin,” and Appendix M “Regional Watersheds for Mitigation Banking,” 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 Applicant’s Handbook: Management and Storage of Surface Waters,” effective (effective date) December 27, 2010, available at http://floridaswater.com/ruledevelopment/.

(b) through (d)  No change.

(2) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

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, 373.421, 3735.461 FS. Law Implemented 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.117, 373.129, 373.146(1), 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419,  373.421(2)-(6), 373.423, 373.426, 373.461(3), 373.613, 380.06(9), 403.0877, 403.813(2) 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,                         .

The sections of St. Johns River Water Management District Applicant’s Handbook (Volume II), that will be incorporated by reference as a result of the proposed amendments may be viewed at http://floridaswater.com/ruledevelopment/.

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: March 12, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 24, 2012