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 ...  

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    WATER MANAGEMENT DISTRICTS
    St. Johns River Water Management District

    RULE NO.:RULE TITLE:
    40C-42.091Publications 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 that will include, among other things, design and performance standards for stormwater quality and quantity (Volume II). These volumes will replace the SJRWMD’s existing handbooks, including “Applicant’s Handbook : Regulation of Stormwater Management Systems (Chapter 40C-42)” (December 27, 2010) (Stormwater Handbook)
    Rule 40C-42.091 incorporates by reference portions of the Stormwater Handbook that describe design and performance standards and criteria for water quality and quantity for stormwater management systems, including alternative criteria for those systems. The District will continue to evaluate ERP applications under the statewide ERP rules in light of these standards and criteria. Therefore, Rule 40C-42.091 will be amended to delete reference to the District’s existing Stormwater Handbook and incorporate by reference applicable portions of SJRWMD Volume II. The incorporated portions include or are based on existing provisions in Rule 40C-42 and the District’s Stormwater Handbook, updated as necessary to reflect DEP’s adoption of amendments to Chapter 62-330. In sum, the proposed amendments to Rule 40C-42.091 are designed to reflect adoption of the statewide ERP rules that will include a new Environmental Resource Permit Applicant’s Handbook.
    With the exception of rule 40C-42.091, the remaining rules in Chapter 40C-42 will be repealed in accordance with subparagraph 373.4131(2)(c), F.S.
    SUMMARY: As amended, subsection 40C-42.091 will incorporate Part V (“Best Management Practices”) of 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 of Florida ERP program within the boundaries of SJRWMD. Generally, the incorporated provisions contain design and performance standards for different types of stormwater management practices including retention, underdrain, exfiltration, wet detention, swale, dry detention, and wetlands stormwater management.
    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 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, 373.113, 373.118, 373.406, 373.4131, 373.414, 373.418 FS.
    LAW IMPLEMENTED: 369.318, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.419, 373.423, 373.426, 373.461 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, (386)326-3026, email wgaylord@sjrwmd.com

    THE FULL TEXT OF THE PROPOSED RULE IS:

    40C-42.091 Publications Incorporated by Reference.

    (1) The Governing Board adopts by reference Part V (“Best Management Practices”) I “Policy and Procedures”, Part II, “Criteria for Evaluation”, and Part III “Operation and Maintenance”, of the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II:  For Use Within the Geographic Boundaries of the St. Johns River Water Management District Applicant’s Handbook: Regulation of Stormwater Management Systems, Chapter 40C-42, F.A.C.”, effective (effective date) 12-27-10, available at http://floridaswater.com/ruledevelopment/.

    (2) This document provides information regarding the stormwater management system permitting program.

    (2)(3) 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, 373.113, 373.118, 373.406, 373.4131, 373.414, 373.418 FS. Law Implemented 369.318, 373.079, 373.083, 373.109, 373.117, 373.118, 373.406, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.419, 373.423, 373.426, 373.461, 403.0877, 403.813 FS. History–New 4-11-94, Amended 7-20-95, 10-3-95, 1-11-99, 10-11-01, 4-10-02, 2-1-05, 12-3-06, 12-27-10,                            .

    The sections of St. Johns River Water Management District Applicant’s Handbook (Volume II only) 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, (386)329-4488 and Thomas Mayton Jr., Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4108
    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

     

Document Information

Comments Open:
3/14/2013
Summary:
As amended, subsection 40C-42.091 will incorporate Part V (“Best Management Practices”) of 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 of Florida ERP program within the boundaries of SJRWMD. Generally, the ...
Purpose:
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 ...
Rulemaking Authority:
369.318, 373.044, 373.113, 373.118, 373.406, 373.4131, 373.414, 373.418, F.S.
Law:
369.318, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.419, 373.423, 373.426, 373.461, F.S.
Contact:
Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386) 326-3026, email wgaylord@sjrwmd.com.
Related Rules: (1)
40C-42.091. Publications Incorporated by Reference