In conjunction with the Florida Department of Environmental Protection (FDEP), Suwannee River Water Management District (SRWMD) is initiating rulemaking in accordance with Section 5 of Chapter 2020-150, Laws of Florida, ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.RULE TITLE:

40B-400.091:Publications and Agreements Incorporated by Reference

PURPOSE AND EFFECT: In conjunction with the Florida Department of Environmental Protection (FDEP), Suwannee River Water Management District (SRWMD) is initiating rulemaking in accordance with Section 5 of Chapter 2020-150, Laws of Florida, to update the stormwater design and operation regulations adopted under Section 373.4131, F.S., using the most recent scientific information available. The purpose of this rulemaking is to remove stormwater quality criteria from SRWMD’s Environmental Resource Permit (ERP) Applicant’s Handbook Volume II (incorporated by reference in rule 40B-400.091, F.A.C.) so that the requirements can be consolidated in FDEP’s Chapter 62-330, F.A.C., and its ERP Applicant’s Handbook Volume I, and apply consistently statewide. Additionally, the 40B-400.091 rulemaking will remove documents incorporated by reference that are not referred to in the rule text; and the SRWMD ERP Applicant’s Handbook Volume II rulemaking will eliminate the requirement to analyze the 100-year frequency of the 3-day, 7-day, and 10-day storm durations for stormwater systems, eliminate rule language that is duplicative of FDEP’s rules, and add clarifying rule language. The effect will be more streamlined, consistent, and understandable rules; and stormwater design criteria that are more consistent with other water management districts and reduced regulatory burdens.

SUMMARY: Remove stormwater quality presumptive criteria and water quality treatment standards, including best management practices, and other stormwater quality criteria; sediment and erosion control requirements; and operation and maintenance requirements from SRWMD’s ERP Applicant’s Handbook Volume II. Amendments also eliminate design storm requirements, eliminate duplicative rule language, and add clarifying rule language.

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: 373.044, 373.046(4), 373.113, 373.118, 373.171, 373.4131, 373.414, 373.416, 373.418, 373.421(2) FS.

LAW IMPLEMENTED: 373.046, 373.118, 373.413, 373.4131, 373.414, 373.4135, 373.416, 373.418, 373.421(2)-(6), 373.426 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 5 days before the workshop/meeting by contacting: SRWMD at [phone] or 1(800)226-1066 (FL only).. 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: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-400.091 Publications and Agreements Incorporated by Reference.

The Governing Board incorporates herein by reference all the documents found in this section. All documents except for Chapter 62-330, F.A.C. and Chapter 373, F.S. can be obtained from the District website at http://www.mysuwanneeriver.com/Permitting or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida, 32060. Chapter 62-330, F.A.C. and Chapter 373, F.S. can be obtained from the District website at http://www.mysuwanneeriver.com/Rules, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida, 32060. This rule is used in conjunction conjuction with Rule 62-330, F.A.C., [insert link] (effective date) http://www.flrules.org/Gateway/reference.asp?No=Ref-03220 (2013), to implement the District’s responsibilty under Part IV of Chapter 373, F.S., (2022) (2013).

(1) The Applicant’s Handbook Volume I, [insert link] (effective date) http://www.flrules.org/Gateway/reference.asp?No=Ref-03219, effective October, 2013.

(2) The Applicant’s Handbook Volume II, http://www.flrules.org/Gateway/reference.asp?No=Ref-15266 (effective date) http://www.flrules.org/Gateway/reference.asp?No=Ref-03049, effective August, 2013.

(3) The Operating Agreement Concerning Regulation http://www.flrules.org/Gateway/reference.asp?No=Ref-03048, 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 July, 2007.

(4) The “Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual”, http://www.flrules.org/Gateway/reference.asp?No=Ref-03047, effective July 2008.

(5) The Final Survey http://www.flrules.org/Gateway/reference.asp?No=Ref-03046, Review Report Suwannee River Georgia and Florida, July 1989, U.S. Army Corps of Engineers, Jacksonville District used to establish floodways within the District.

(6) The following Flood Insurance Studies and digital flood insurance rate maps which supersede subsection 40B-400.091(6), F.A.C., for each of county listed below.

(a) Alachua County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03059, and Incorporated Areas, effective June 16, 2006;

(b) Baker County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03023, and Incorporated Areas, effective June 17, 2008;

(c) Bradford County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03024, and Incorporated Areas, effective May 2, 2012;

(d) Columbia County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03025, and Incorporated Areas, effective February 4, 2009;

(e) Dixie County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03026, and Incorporated Areas, effective September 29, 2006;

(f) Gilchrist County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-09175, and Incorporated Areas, Revised January 19, 2018;

(g) Hamilton County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03031, and Incorporated Areas, effective June 4, 2010;

(h) Jefferson County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03035, and Incorporated Areas, effective July 16, 1991;

(i) Lafayette County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-09176, and Incorporated Areas, effective October 5, 2017;

(j) Levy County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-09177, and incorporated Areas, effective February 3, 2017;

(k) Madison County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-09178, and Incorporated Areas, effective February 3, 2017;

(l) Putnam County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03042, and Incorporated Areas, effective February 2, 2012;

(m) Suwannee County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-09179, and Incorporated Areas, effective February 3, 2017;

(n) Taylor County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03044, and Incorporated Areas, effective May 4, 2009;

(o) Union County, Florida http://www.flrules.org/Gateway/reference.asp?No=Ref-03045, and Incorporated Areas, effective February 4, 2009.

Rulemaking Authority 373.044, 373.046(4), 373.113, 373.118, 373.171, 373.4131, 373.414 373.415, 373.416, 373.418, 373.421(2), 373.461(3) FS. Law Implemented 373.046, 373.118, 373.413, 373.4131, 373.414, 373.4135, 373.415, 373.416, 373.418, 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, 10-14-13, 4-26-18, [DATE].

 

PROPOSED EFFECTIVE DATE: 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. 46/236) take effect, whichever is later.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, P.G.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 8, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 21, 2020