The purpose and effect of this rulemaking is to amend rules of the Suwannee River Water Management District (District) consistent with section 373.4131, F.S., which requires the Florida Department of Environmental Protection (DEP) in coordination ...

 

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District

RULE NOS.:RULE TITLES:
40B-400.021Definitions
40B-400.046Formal Determinations
40B-400.051Exemptions
40B-400.091Publications and Agreements Incorporated by Reference
40B-400.101Content and Processing of the Application, Amended 12-3-98
40B-400.103Conditions for Issuance of Permits
40B-400.104Additional Conditions for Issuance of Permits
40B-400.115Limiting Conditions
40B-400.201Policy and Purpose
40B-400.211Processing Procedures for Noticed General Permits
40B-400.215General Conditions for All Noticed General Permits
40B-400.417General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks
40B-400.427General Permit for Certain Piers and Associated Structures
40B-400.431General Permit for Installation of Riprap
40B-400.437General Permit for the Installation of Fences
40B-400.439General Permit for the Construction or Maintenance of Culverted Driveways, Road Crossings and Bridges of Artificial Waterways
40B-400.443General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation
40B-400.447General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements
40B-400.453General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline
40B-400.455General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters
40B-400.457General Permit for Subaqueous Utility Crossing of Artificial Waterways
40B-400.463General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies
40B-400.467General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies
40B-400.475General Permit for Minor Activities
40B-400.483General Permit to the Department to Conduct Minor Activities
40B-400.485General Permit to the Department for Environmental Restoration or Enhancement
40B-400.487General Permit to the Department to Change Operating Schedules for Department Water Control Structures
40B-400.495General Permit to U.S. Forest Service for Minor Works within National Forests
40B-400.500General Permit After Notice for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to amend rules of the Suwannee River Water Management District (District) consistent with Section 373.4131, F.S., which requires the Florida Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permit (ERP) rules. These rules are to rely primarily upon existing rules of DEP and the WMDs, but may be revised as necessary to achieve a more consistent, effective, and streamlined approach in the state’s ERP program. To implement Section 373.4131, F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. DEP also intends to incorporate by reference documents that will be known as an Applicant’s Handbook (AH). Two volumes of the AH will apply in each WMD: (1) one volume that will include general and environmental criteria and procedures and forms, which volume will apply statewide (AH Volume I); and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD. DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate changes to the District’s Chapter 40B-400, F.A.C.
SUMMARY: This proposed rule will repeal and remove all sections of this rule except 40B-400.091, F.A.C. This section will be changed to link this Rule to 62-330, F.A.C., incorporate the Applicant Handbook Volume II and other important items needed to implement the ERP program. 40B-400.021 which listed definitions, 40B-400.046 which listed instructions for formal determinations, 40B-400.051 which listed exemptions, 40B-400.101 which listed the content of appolications, 40B-400.103 which listed conditions of issuance, 40B-400.104 which listed additional conditions of issuance, 40B-400.115 which listed limiting conditions, 40B-400.201 which listed the policy and purpose, 40B-400.211 which listed the procedures for noticed generals, 40B-400.215 which listed general conditions for noticed generals, 40B-400.417 which was a general permit for boat ramp and accessory docks, 40B-400.427 which was a general permit for certain piers and associated structures, 40B-400.431 which was a general permit for riprap, 40B-400.437 which was a general permit for fences, 40B-400.439 which was a general permit for culverted driveways, road crossings and bridges of artificial waterways, 40B-400.443 which was a general permit for the Florida Department of Transportation, Counties and Municipalities to conduct Minor Bridge Alteration, Replacement, Maintenance and Operation, 40B-400.447, which was for the Florida Department of Transportation, Counties and Municipalities to conduct Minor Activities Within Existing Rights-of-Way or Easements, 40B-400.453 which was for the Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline, 40B-400.455 which was for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters, 40B-400.457 whichwas for Subaqueous Utility Crossing of Artificial Waterways, 40B-400.463 which was for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies, 40B-400.467 which was for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies, 40B-400.475 which was for Minor Activities, 40B-400.483 which was for the Department to Conduct Minor Activities, 40B-400.485, which was for the Department for Environmental Restoration or Enhancement, 40B-400.487 which was for the Department to Change Operating Schedules for Department Water Control Structures, 40B-400.495 which was for the U.S. Forest Service to conduct Minor Works within National Forests, 40B-400.500 which was for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems, will all be repealed.
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:
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: 120.54(5), 373.044, 373.113 FS.
LAW IMPLEMENTED: 120.54(5), 120.60, 369.316, 369.318, 373.016(2), 373.085, 373.106, 373.109, 373.118, 373.119, 373.171, 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.418, 373.426, 373.439, 403.812, 403.813 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: Leroy Marshall II, Senior Professional Engineer, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, [phone] or [phone] (FL only)

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-400.021 Definitions.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95 , Repealed [DATE].

 

40B-400.046 Formal Determinations.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 3-7-02, 4-1-10, Repealed [DATE].

 

40B-400.051 Exemptions.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 3-7-02, 5-15-02, 10-6-09, Repealed [DATE].

 

40B-400.091 Publications and Agreements Incorporated by Reference.

(1) This rule is used in conjuction with Chapter 62-330, F.A.C. to impliment the District’s responsibilty under part IV of Chapter 373, F.S. 

(2)  The Governing Board hereby adopts the Applicants’ Hanbook Volume II effective January 31, 2013.  This document is available at District headquaters and on the District’s website.

(3)  The Governing Board hereby adopts the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between the Suwannee River Water Management District and the Florida Department of Environmental Protection, effective July 1, 2007.  This document  is available at District headquesrters and on the District’s website.

(4)  The Governing Board hereby adopts by reference the  Final Survey – Review Report Suwannee River Georgia and Florida, July 1989, U.S. Army Corps of Engineers, Jacksonville District used to establish the floodway for the works of the district identified in Chapter 40B-4, F.A.C.  This document  is available at District headquesrters and on the District’s website.

(5) The Governing Board hereby adopts by reference the “Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual”, effective July 2008. This document is available at District headquarters and on the District’s website.

(6) The Governing Board hereby adopts by reference the following Flood Insurance Studies for each county listed below.  Each of the documents are available at the District headquarters and on the District’s website:

(a) Alachua County, Florida and Incorporated Areas, Effective June 16, 2006;

(b) Bradford County, Florida and Incorporated Areas, Effective May 2, 2012

(c) Columbia County, Florida and Incorporated Areas, Effective February 4, 2009;

(d) Dixie County, Florida and Incorporated Areas, Effective September 29, 2006;

(e) Gilchrist County, Florida and Incorporated Areas, Revised September 29, 2006;

(f) Hamilton County, Florida and Incorporated Areas, Effective June 4, 2010,

(g) Jefferson County, Florida and Incorporated Areas, Effective July 16, 1991

(h) Lafayette County, Florida and Incorporated Areas, Effective September 29, 2006;

(i) Levy County, Florida and incorporated Areas, Effective November 2, 2012

(j) Madison County, Florida and Incorporated Areas, Effective May 3, 2010;

(k) Suwannee County, Florida and Incorporated Areas, Effective September 28, 2007;

(l) Taylor County, Florida and Incorporated Areas, Effective May 4, 2009;

(m) Union County, Florida and Incorporated Areas, Effective February 4, 2009.

The Governing Board hereby adopts by reference:

(1) “Environmental Resource Permit Applicant’s Handbook – May 2002.”

(2) Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Suwannee River Water Management District and Department of Environmental Protection, effective July 1, 2007.

 

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 Specific Authority 373.044, 373.046(4), 373.113, 373.118, 373.171, 373.415, 373.421(2), 373.461(3) FS. Law Implemented 373.046, 373.118, 373.413, 373.4135, 373.415, 373.416, 373.421(2)-(6), 373.426, 373.461(3) FS. History–New 10-3-95, Amended 12-3-98, 3-7-02, 5-15-02, 7-1-07, [DATE].

 

40B-400.101 Content and Processing of the Application, Amended 12-3-98.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.103 Conditions for Issuance of Permits.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.104 Additional Conditions for Issuance of Permits.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95 , Repealed [DATE].

 

40B-400.115 Limiting Conditions.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 3-7-02, 5-15-02, 6-7-09, Repealed [DATE].

 

40B-400.201 Policy and Purpose.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.211 Processing Procedures for Noticed General Permits.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.109, 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.215 General Conditions for All Noticed General Permits.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 12-23-08, Repealed [DATE].

 

40B-400.417 General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.427 General Permit for Certain Piers and Associated Structures.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.431 General Permit for Installation of Riprap.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.437 General Permit for the Installation of Fences.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.439 General Permit for the Construction or Maintenance of Culverted Driveways, Road Crossings and Bridges of Artificial Waterways.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.443 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 8-9-07, Repealed [DATE].

 

40B-400.447 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 8-9-07, Repealed [DATE].

 

40B-400.453 General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.455 General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.457 General Permit for Subaqueous Utility Crossing of Artificial Waterways.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.463 General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.467 General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.475 General Permit for Minor Activities.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 6-7-10, Repealed [DATE].

 

40B-400.483 General Permit to the Department to Conduct Minor Activities.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 3-7-02, Repealed [DATE].

 

40B-400.485 General Permit to the Department for Environmental Restoration or Enhancement.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 5-15-02, Repealed [DATE].

 

40B-400.487 General Permit to the Department to Change Operating Schedules for Department Water Control Structures.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.416 FS. History–New 10-3-95, Repealed [DATE].

 

40B-400.495 General Permit to U.S. Forest Service for Minor Works within National Forests.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

 

 

40B-400.500 General Permit After Notice for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed [DATE].

NAME OF PERSON ORIGINATING PROPOSED RULE: Leroy Marshall II, Senior Professional Engineer, SRWMD, 9225 C.R. 49, Live Oak, Florida, 32060, [phone] or [phone] (FL only).
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of The Suwannee River Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 12, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012