Pursuant to subparagraph 120.54(1)(i)5., F.S., the Department proposes to amend subsection 62-330.200(2), F.A.C., to incorporate updates of the St. Johns River Water Management District’s (SJRWMD) Chapters 40C-1, 40C-4, 40C-8, 40C-40, 40C-41, and ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-330.200: Rules Adopted by Reference
PURPOSE AND EFFECT: Pursuant to subparagraph 120.54(1)(i)5., F.S., the Department proposes to amend subsection 62-330.200(2), F.A.C., to incorporate updates of the St. Johns River Water Management District’s (SJRWMD) Chapters 40C-1, 40C-4, 40C-8, 40C-40, 40C-41, and 40C-42, F.A.C., including the SJRWMD Applicant’s Handbooks governing Stormwater Regulation and Management and Storage of Surface Waters, that are incorporated by reference. These rules are used by the Department to implement the environmental resource permit (ERP) program under Part IV of Chapter 373, F.S., within the geographic territory of the SJRWMD. All the rules that are proposed to be updated are already in effect and are being used by the SJRWMD.
The Department originally adopted the above rules on October 3, 1995, when the ERP program became effective. The SJRWMD has made numerous amendments to those rules since that date. The Department needs to adopt the updated rules to provide consistency in implementing the ERP program, as required by Section 373.414(9), F.S.
SUMMARY: Adopt updated rules of the SJRWMD that the Department adopted by reference in 1995 under Chapter 62-330, F.A.C., pursuant to subparagraph 120.54(1)(i)5., F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 373.026(7), 373.043, 373.118, 373.406(5), 373.414, 373.415, 373.418, 373.461, 380.06(9), 403.0877 FS.
LAW IMPLEMENTED: 373.019, 373.042, 373.0421, 373.085, 373.086, 373.109, 373.118, 373.119, 373.129, 373.136, 373.403, 373.406, 373.413, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.4211(22), (25), 373.422, 373.423, 373.426, 373.427, 373.429, 373.430, 373.433, 373.436, 373.439, 373.461, 380.06(9), 403.0877, 403.813(1) FS.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SUBPARAGRAPH 120.54(1)(i)5. FS.

WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, Florida, 32399-2400, telephone [phone], or e-mail: [e-mail]. Further information and updates on this rule development also may be obtained from the Department’s Web Site at: http://www.dep.state.fl.us/water/rules_dr.htm#erp. (OGC No. 06-1580).

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE FILE AN OBJECTION WITH THE AGENCY CLERK. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASON FOR THE OBJECTION.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-330.200 Rules Adopted by Reference.

The Department hereby adopts by reference the following rules. The rules adopted by reference are available for inspection at the Department’s Tallahassee and District offices:

(1) No change.

(2) The following rules are adopted by reference for application by the Department within the geographical jurisdiction of St. Johns River Water Management District as set forth in Section 373.069, F.S.:

(a) Subsections 40C-1.602(4), (5), (7), and (8), (10), and (11) (September 11, 2003), 40C-1.608(1) (August 4, 1998), and 40C-1.1009(1) (October 11, 2001), F.A.C., except that all references to “Chapter 40C-400, F.A.C.” are changed to “Chapter 62-341, F.A.C.”

(b) Subsection 40C-1.608(2), F.A.C.;

(b)(c) Rules 40C-4.011 (December 7, 1983), 40C-4.021 (October 29, 2009), 40C-4.031 (November 11, 2003), 40C-4.041 (October 11, 2001), 40C-4.051 [except 40C-4.051(12)(e)] (November 11, 2003), 40C-4.091 (February 16, 2010), 40C-4.301 (December 3, 2006), 40C-4.302 (July 1, 2007), 40C-4.311, 40C-4.381 (November 11, 2003), 40C-4.451, 40C-4.461, 40C-4.471, 40C-4.481 and 40C-4.751 (November 11, 2003), F.A.C., except, that:

1. All references to “Chapter 40C-400, F.A.C.” are changed to “Chapter 62-341, F.A.C.”;

2. All references to “Florida Game and Freshwater Fish Commission” and “FGFWFC” are changed to “Florida Fish and Wildlife Conservation Commission” and “FWC,” respectively; and

3. The following references and language within the above incorporated rules are changed as shown in Table 62-330.200(2)-1:;

Table 62-330.200(2)-1
Rule Number	From (reference in District rule)	To (for Department use)
40C-4.051(8)	The amendments to subsections 10.7.2, 10.7.4, 10.7.5, 16.1.3 and 16.1.5, Applicant’s Handbook: Management and Storage of Surface Waters, effective 9-25-1991, shall not apply to each system for which the District has issued an individual or general permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to 9-25-1991. This subsection applies only to the project area and plan approved in the referenced permit; however, where the referenced permit authorizes construction of a master system for drainage and flood control, this subsection shall apply to the project area served by the master system and to the plan approved in the referenced permit.	The amendments to subsections 10.7.2, 10.7.4, 10.7.5, 16.1.3 and 16.1.5, Applicant’s Handbook: Management and Storage of Surface Waters, effective 9-25-1991, shall not apply to each system for which the District or the Department has issued an individual or general permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to 9-25-1991. This subsection applies only to the project area and plan approved in the referenced permit; however, where the referenced permit authorizes construction of a master system for drainage and flood control, this subsection shall apply to the project area served by the master system and to the plan approved in the referenced permit.
40C-4.051(9)	The amendments to subsections 10.7.2, 10.7.4, 10.7.5, 16.1.3 and 16.1.5, Applicant’s Handbook: Management and Storage of Surface Waters, effective 9-25-1991 shall not apply to each system for which the District has issued, pursuant to Chapter 40C-4, F.A.C., and prior to 9-25-1991, both a conceptual approval permit and at least one permit authorizing construction consistent with the conceptual approval permit. This subsection applies only to the project area and plan approved in the referenced conceptual approval permit.	The amendments to subsections 10.7.2, 10.7.4, 10.7.5, 16.1.3 and 16.1.5, Applicant’s Handbook: Management and Storage of Surface Waters, effective 9-25-1991 shall not apply to each system for which the District or Department has issued, pursuant to Chapter 40C-4, F.A.C., and prior to 9-25-1991, both a conceptual approval permit and at least one permit authorizing construction consistent with the conceptual approval permit. This subsection applies only to the project area and plan approved in the referenced conceptual approval permit
40C-4.051(10)	The permitting threshold set forth in subparagraph 40C-4.041(2)(b)8., F.A.C., as it existed on 9-25-91 regarding isolated wetlands and the amendments to subsections 10.7.2, 10.7.4, 10.7.5, 16.1.5, Applicant’s Handbook: Management and Storage of Surface Waters, effective 9-25-1991 shall not apply to each system for which the District has issued a permit pursuant to Chapter 40C-42, F.A.C., prior to 9-25-1991. This subsection applies only to a system which did not require a permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to 9-25-1991 and only to the project area and the plan approved in the referenced permit.	The permitting threshold set forth in subparagraph 40C-4.041(2)(b)8., F.A.C., as it existed on 9-25-91 regarding isolated wetlands and the amendments to subsections 10.7.2, 10.7.4, 10.7.5, 16.1.5, Applicant’s Handbook: Management and Storage of Surface Waters, effective 9-25-1991 shall not apply to each system for which the District or Department has issued a permit pursuant to Chapter 40C-42, F.A.C., prior to 9-25-1991. This subsection applies only to a system which did not require a permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to 9-25-1991 and only to the project area and the plan approved in the referenced permit.
40C-4.051(12)(f)	The installation and repair of private docks, piers, and recreational docking facilities, or piers and recreational docking facilities of local governmental entities when the local governmental entity’s activities will not take place in any manatee habitat, which structures have 1000 square feet or less of surface area over wetlands or other surface waters or 500 square feet or less of surface area over wetlands or other surface waters which are located in Outstanding Florida Waters. This exemption shall include the construction and repair of structures above the dock area, such as gazebos and boat shelters, provided such structures are not enclosed with walls and doors, are not used for living, commercial purposes, or storage of materials other than those associated with recreational use, and provided the structures do not exceed, together with the docking facility, the total area limitations above. To qualify for this exemption, any such dock and associated structure:	The installation, replacement or repair of mooring pilings and dolphins associated with private docking facilities or piers and the installation and repair of private docks, piers, and recreational docking facilities, or piers and recreational docking facilities of local governmental entities when the local governmental entity’s activities will not take place in any manatee habitat, any of which structures have 1000 square feet or less of surface area over wetlands or other surface waters, or 500 square feet or less of surface area over wetlands or other surface waters which are located in Outstanding Florida Waters. This exemption shall include the construction and repair of structures above the dock area, such as gazebos and boat shelters, provided such structures are not enclosed with walls and doors, are not used for living, commercial purposes, or storage of materials other than those associated with recreational use, and provided the structures do not exceed, together with the docking facility, the total area limitations above. To qualify for this exemption, any such dock and associated structure:
40C-4.051(12)(g)	Construction of private docks in artificially created waterways where construction will not violate water quality standards, impede navigation, or adversely affect flood control.	Construction of private docks of 1,000 square feet or less of over-water surface area in artificially created waterways where construction will not violate water quality standards, impede navigation, or adversely affect flood control.
40C-4.051(15)	The performance of activities pursuant to the provisions of the exemptions set forth in this section does not relieve the person or persons who are using the exemption or who are constructing or otherwise implementing the activity from meeting the permitting or performance requirements of other District rules.	The performance of activities pursuant to the provisions of the exemptions set forth in this section does not relieve the person or persons who are using the exemption or who are constructing or otherwise implementing the activity from meeting the permitting or performance requirements of other District and Department rules.
40C-4.091(2)	The documents may be obtained by contacting: Director, Division of Permit Data Services 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 975 Keller Road Altamonte Springs, Florida 32714-1618   St. Johns River Water Management District 525 Community College Pkwy., S. E. Palm Bay, Florida 32909	The documents may be obtained by contacting: Florida Department of Environmental Protection Northeast District 7825 Baymeadows Way, Suite B200 Jacksonville, Florida 32256-7577   Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767   Florida Department of Environmental Protection Southwest District 13051 N Telecom Parkway Temple Terrace, Florida 33637-0926
40C-4.301(1)(e)	Will not adversely affect the quality of receiving waters such that the water quality standards set forth in Chapters 62-3, 62-4, 62-302, 62-520, 62-522, and 62-550, F.A.C., including any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C., will be violated;	Will not adversely affect the quality of receiving waters such that the water quality standards set forth in Chapters 62-4, 62-302, 62-520, 62-522, and 62-550, F.A.C., including any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C., will be violated;
40C-4.302(1)(c)	(c) Located in, adjacent to or in close proximity to Class II waters or located in Class II waters or Class III waters classified by the Department as approved, restricted or conditionally restricted for shellfish harvesting as set forth or incorporated by reference in Chapter 16R-7, F.A.C., will comply with the additional criteria in subsection 12.2.5 of the Applicant’s Handbook: Management and Storage of Surface Waters adopted by reference in Rule 40C-4.091, F.A.C.	(c) Located in, adjacent to or in close proximity to Class II waters or located in Class II waters or Class III waters classified by the Department of Agriculture and Consumer Services as approved, restricted or conditionally restricted for shellfish harvesting as set forth or incorporated by reference in Chapter 5L-1, F.A.C., (July 29, 2008), will comply with the additional criteria in subsection 12.2.5 of the Applicant’s Handbook: Management and Storage of Surface Waters adopted by reference in Rule 40C-4.091, F.A.C.
40C-4.302(2)	When determining whether a permit applicant has provided reasonable assurances that District permitting standards will be met, the District shall take into consideration the applicant’s violation of any Department rules adopted pursuant to Sections 403.91-403.929, F.S., (1984 Supp.), as amended, which the District had the responsibility to enforce pursuant to delegation, or any District rules adopted pursuant to Part IV, Chapter 373, F.S., relating to any other project or activity and efforts taken by the applicant to resolve these violations. The Department’s delegation to the District to enforce Department rules is set forth in the Operating Agreement concerning Stormwater Discharge Regulation and Dredge and Fill Regulation, dated January 4, 1988; Operating Agreement concerning Management and Storage of Surface Waters Regulation and Wetland Resource Regulation between the St. Johns River Water Management District and Department of Environmental Regulation, dated August 28, 1992; and Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated August 25, 1994; Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated December 3, 1998; and Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated July 1, 2007, all incorporated by reference in Rule 40C-4.091, F.A.C.	When determining whether a permit applicant has provided reasonable assurances that Department and District permitting standards will be met, the Department shall take into consideration the applicant’s violation of any Department rules adopted pursuant to Sections 403.91-403.929, F.S., (1984 Supp.), as amended, as well as any District rules, which the Department had the responsibility to enforce pursuant to delegation, or any Department rules adopted pursuant to Part IV, Chapter 373, F.S., relating to any other project or activity and efforts taken by the applicant to resolve these violations. The District’s delegation to the Department to enforce District rules is set forth in the Operating Agreement concerning Stormwater Discharge Regulation and Dredge and Fill Regulation, dated January 4, 1988; Operating Agreement concerning Management and Storage of Surface Waters Regulation and Wetland Resource Regulation between the St. Johns River Water Management District and Department of Environmental Regulation, dated August 28, 1992; and Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated August 25, 1994; Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated December 3, 1998; and Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated July 1, 2007, all incorporated by reference in Rule 62-113.200, F.A.C.
40C-4.381(1)(f)	At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40C-4.900(3) indicating the actual start date and the expected completion date.	At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Department a fully executed “Construction Commencement Notice” Form 62-343.900(3) indicating the actual start date and the expected completion date.
40C-4.381(1)(g)	When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No. 40C-4.900(4). These forms shall be submitted during June of each year.	When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an Annual Status Report Form 62-343.900(4). These forms shall be submitted during June of each year.
40C-4.381(1)(j)	Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C-1.181(13) or 40C-1.181(14) supplied with this permit. When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the District. Submittal of the completed form shall serve to notify the District that the system is ready for inspection. The statement of completion and certification shall be based on on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As-built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as “as-built” or “record” drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the as-built drawings:	Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 62-343.900(5) supplied with this permit. When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the Department. Submittal of the completed form shall serve to notify the Department that the system is ready for inspection. The statement of completion and certification shall be based on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As-built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as “as-built” or “record” drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the “as-built” or “record” drawings:
40C-4.381(1)(o)	Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under Rule 40C-1.1006, F.A.C., provides otherwise.	Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under Rule 62-343.040, F.A.C., provides otherwise.
40C-4.381(1)(p)	The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 40C-1.612, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.	The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.
40C-4.381(2)	In addition to those general conditions set forth in subsection (1), the Governing Board shall impose on any permit granted under this chapter and Chapter 40C-40, F.A.C., such reasonable project-specific conditions as are necessary to assure that the permitted system will not be inconsistent with the overall objectives of the District or be harmful to the water resources of the District as set forth in District rules. Upon receipt of the notice of intended District action, any person whose substantial interests are affected shall have the right to request a hearing in accordance with Chapter 28-106 and Rule 40C-1.1007, F.A.C.	In addition to those general conditions set forth in subsection (1), the Department shall impose on any permit granted under this chapter and Chapter 40C-40, F.A.C., such reasonable project-specific conditions as are necessary to assure that the permitted system will not be inconsistent with the overall objectives of the District or be harmful to the water resources of the District as set forth in District and Department rules. Upon receipt of the notice of intended Department action, any person whose substantial interests are affected shall have the right to request a hearing in accordance with Chapter 28-106 and Rule 62-110.106, F.A.C.

 

(c)(d) Chapter 40C-8, F.A.C. (January 11, 2010);

(d)(e) Chapter 40C-40, F.A.C. (December 3, 2006), except for subsections 40C-40.011(2) and (3), Rule 40C-40.112, paragraph 40C-40.302(6)(b), and Rules 40C-40.321, 40C-40.351, and 40C-40.900, F.A.C., and except that the following Sections are not adopted by reference:

1. Rule 40C-40.112, F.A.C.;

2. Rule 40C-40.321, F.A.C.;

3. Rule 40C-40.351, F.A.C.; and

4. Rule 40C-40.900, F.A.C.;

1. All references to “Chapter 40C-400, F.A.C.,” are changed to “Chapter 62-341, F.A.C.;” and

2. The following references and language within the above incorporated rules are changed as shown in Table 62-330.200(2)-2:

 

Table 62-330.200(2)-2
Rule Number	From (reference in District rule)	To (for Department use)
40C-40.302(6)(a)1.	For the purposes of this requirement, an application is complete when the applicant has submitted all information required on application form 40C-4.900(1) and has submitted all information requested by District staff in timely requests for additional information.	For the purposes of this requirement, an application is complete when the applicant has submitted all information required on application form 62-343.900(1) and has submitted all information requested by Department staff in timely requests for additional information.

 

(e)(f) Chapter 40C-41, F.A.C. (December 3, 2006), except that any references to “paragraph 40C-41.063(5)(d)” and “subaragraph 40C-41.063(5)(d)1., F.A.C.,” in paragraph 40C-41.063(5)(c), F.A.C., are changed to “paragraph 40C-41.063(5)(c)” and “subaragraph 40C-41.063(5)(c)1., F.A.C.,” respectively.

(f)(g) Chapter 40C-42, F.A.C. (December 3, 2006), except for subsections 40C-42.024(3), (4), and (5), Rule 40C-42.071, and subsections 40C-42.900(1), (2), (4), and (5), F.A.C., and except that the following provisions are not adopted by reference:

1. All references to “Chapter 40C-400, F.A.C.” are changed to “Chapter 62-341, F.A.C.,” and the references to “Governing Board” and “Board” in Rules 40C-42.032 and 40C-42.091, F.A.C., are changed to “Department;” and Subsections 40C-42.0265(3) and Rule 40C-42.900, F.A.C.;

2. The forms referenced in paragraphs 40C-42.028(1)(b) and (2); 40C-42.029(1)(a), (b) and (c); and subparagraphs 40C-42.032(2)(a)8. and 9., F.A.C.;

3. The effective date provision of subsection 40C-42.033(1), F.A.C.;

4. Rule 40C-42.071, F.A.C.; and

5. Rule 40C-42.091, F.A.C.

2. The following references and language within the above incorporated rules are changed as shown in Table 62-330.200(2)-3:

 

	Table 62-330.200(2)-3
Rule Number	From (reference in District rule)	To (for Department use)
40C-42.011(3)	Stormwater discharges to groundwater shall be regulated under the provisions of Rule 62-28.700, F.A.C., and other applicable rules of the Department of Environmental Protection.	Stormwater discharges to groundwater shall be regulated under the provisions of Chapters 62-520, 62-522, and 62-550, F.A.C., and other applicable rules of the Department of Environmental Protection.
40C-42.023(1)(a)	Will not result in discharges from the system to surface and ground water of the state that cause or contribute to violations of state water quality standards as set forth in Chapters 62-3, 62-4, 62-302 and 62-550, F.A.C., including any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.;	Will not result in discharges from the system to surface and ground water of the state that cause or contribute to violations of state water quality standards as set forth in Chapters 62-4, 62-302 and 62-550, F.A.C., including any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.;
40C-42.028(1)(b)	The certification prepared by a registered professional (not necessarily the project design registered professional but one who has been retained by the permittee to provide professional services during the construction phase of project completion) shall be made on form number 40C-1.181(13), As Built Certification by a Registered Professional.	The certification prepared by a registered professional (not necessarily the project design registered professional but one who has been retained by the permittee to provide professional services during the construction phase of project completion) shall be made on form number 62-343.900(5), As Built Certification by a Registered Professional.
40C-42.028(2)	The operation phase of a stormwater management system permit which was not designed by an appropriate registered professional does not become effective until all of the criteria in this subsection, and subsection (3) below, have occurred. Within 30 days after completion of construction of the stormwater management system, permittee shall submit a certification, on form number 40C-1.181(14), As Built Certification, that the system has been constructed in accordance with the design approved by the District and shall notify the District that the system is ready for inspection.	The operation phase of a stormwater management system permit which was not designed by an appropriate registered professional does not become effective until all of the criteria in this subsection, and subsection (3) below, have occurred. Within 30 days after completion of construction of the stormwater management system, permittee shall submit a certification, on form number 62-343.900(5), As Built Certification by a Registered Professional, that the system has been constructed in accordance with the design approved by the Department and shall notify the Department that the system is ready for inspection.
40C-42.028(4)	The permit will be converted from a construction permit to an operation permit once the project is determined to be in compliance with the permitted plans and an appropriate entity exists for maintenance of the system. The District will transfer the permit to the maintenance entity upon request, pursuant to Rule 40C-4.351, F.A.C., once all conditions for converting the construction permit to an operation permit have been met.	The permit will be converted from a construction permit to an operation permit once the project is determined to be in compliance with the permitted plans and an appropriate entity exists for maintenance of the system. The Department will transfer the permit to the maintenance entity upon request, pursuant to Rule 62-343.100, F.A.C., once all conditions for converting the construction permit to an operation permit have been met.
40C-42.029(1)(a)	Inspection reports for exfiltration and pumped systems shall be submitted one year after the completion of construction and every two years thereafter on form number 40C-1.181(15), Registered Professional’s Inspection Report. A registered professional must sign and seal the report certifying the exfiltration or pumped system is operating as designed. However, reports for those systems in sensitive karst areas must be submitted pursuant to paragraph (b) below.	Inspection reports for exfiltration and pumped systems shall be submitted one year after the completion of construction and every two years thereafter on form number 62-343.900(6), Inspection Certification. A registered professional must sign and seal the report certifying the exfiltration or pumped system is operating as designed. However, reports for those systems in sensitive karst areas must be submitted pursuant to paragraph (b) below.
40C-42.029(1)(c)	Systems in sensitive karst areas must be inspected monthly for the occurrence of sinkholes and solution pipes. The inspection reports for these systems must be submitted to the District annually on form number 40C-1.181(15), Registered Professional’s Inspection Report, for systems designed by a registered professional. For systems not designed by a registered professional, the inspection reports shall be submitted on form number 40C-1.181(16), Statement of Inspection Report.	Systems in sensitive karst areas must be inspected monthly for the occurrence of sinkholes and solution pipes. The inspection reports for these systems must be submitted to the Department annually on form number 62-343.900(6), Inspection Certification.
40C-42.029(6)	If the system is not functioning as designed and permitted, operational maintenance must be performed immediately to restore the system. If operational maintenance measures are insufficient to enable the system to meet the design and performance standards of this chapter, the permittee must either replace the system or construct an alternative design. A permit modification must be obtained from the District prior to constructing such alternative design pursuant to Rule 40C-4.331, F.A.C.	If the system is not functioning as designed and permitted, operational maintenance must be performed immediately to restore the system. If operational maintenance measures are insufficient to enable the system to meet the design and performance standards of this chapter, the permittee must either replace the system or construct an alternative design. A permit modification must be obtained from the Department prior to constructing such alternative design pursuant to Rule 62-343.100, F.A.C.
40C-42.032(2)(a)8.	If the permitted system was designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C-1.181(13) (As Built Certification By a Registered Professional), signed and sealed by an appropriate professional registered in the State of Florida, and two (2) sets of “As Built” drawings when a) required by a special condition of this permit, b) the professional uses “As Built” drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval.	If the permitted system was designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the Department the following: Form No. 62-343.900(5) (As Built Certification By a Registered Professional), signed and sealed by an appropriate professional registered in the State of Florida, and two (2) sets of “As Built” drawings when a) required by a special condition of this permit, b) the professional uses “As Built” drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans. This submittal will serve to notify the Department staff that the system is ready for inspection and approval.
40C-42.032(2)(a)9.	If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C-1.181(14) (As Built Certification), signed by the permittee and two (2) sets of “As Built” drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval.	If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the Department the following: Form No. EN-44 (As Built Certification), signed by the permittee and two (2) sets of “As Built” drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans. This submittal will serve to notify the Department staff that the system is ready for inspection and approval.
40C-42.032(2)(a)12.	Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located, the owner in whose name the permit was granted shall notify the District of such change of ownership. Transfer of this permit shall be in accordance with the provisions of Rule Rule 40C-1.612, F.A.C. All terms and conditions of this permit shall be binding upon the transferee. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.	Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located, the owner in whose name the permit was granted shall notify the Department of such change of ownership. Transfer of this permit shall be in accordance with the provisions of Rule 62-343.100, F.A.C. All terms and conditions of this permit shall be binding upon the transferee. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.
40C-42.061(6)	Applications for conceptual agency review of stormwater management systems, as required by Section 380.06, F.S., will be reviewed in accordance with the procedure used by the District to review conceptual approval permit applications pursuant to subsection 40C-4.041(2), F.A.C.	Applications for conceptual agency review of stormwater management systems, as required by Section 380.06, F.S., will be reviewed in accordance with the procedure used by the Department to review conceptual approval permit applications pursuant to Rule 62-343.060, F.A.C.
40C-42.091(3)	A copy of this document may be obtained by contacting: Director, Division of Permitting Data Services 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 975 Keller Road Altamonte Springs, Florida 32714-1618   St. Johns River Water Management District 525 Community College Pkwy., S.E. Palm Bay, Florida 32909	A copy of this document may be obtained by contacting: Florida Department of Environmental Protection Northeast District 7825 Baymeadows Way, Suite B200 Jacksonville, Florida 32256-7577   Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767   Florida Department of Environmental Protection Southwest District 13051 N Telecom Parkway Temple Terrace, FL 33637-0926
40C-42.900	The following forms and instructions incorporated by reference have been approved by the Governing Board and are available upon request from: Department of Resource Management St. Johns River Water Management District 4049 Reid Street Palatka, Florida 32177-2529.	The following forms and instructions incorporated by reference have been approved by the Department and are available upon request from: Florida Department of Environmental Protection Northeast District 7825 Baymeadows Way, Suite B200 Jacksonville, Florida 32256-7577   Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767   Florida Department of Environmental Protection Southwest District 13051 N Telecom Parkway Temple Terrace, FL 33637-0926
40C-42.900(3)	As Built Certification, form number 40C-1.181(14), adopted 3-21-93.	As Built Certification, form number EN-44, adopted 3-21-93.

 

(g)(h) Part I “Policy and Procedures,” except sections 5.4 through 6.0, 7.1 through 7.2, and 7.6 through 7.8; Part II “Criteria for Evaluation,” and Part III “Operation and Maintenance,” of the document entitled “Applicant’s Handbook: Regulation of Stormwater Management Systems, Chapter 40C-42, F.A.C.” effective December 3, 2006 10-03-95, except:.

1. All references to “Chapter 40C-400, F.A.C.” shall be changed to “Chapter 62-341, F.A.C.,” all references to “standard general environmental resource permit” or “standard general permit” shall be changed to “standard environmental resource permit” or “standard permit,” as applicable, and references to “Governing Board” or “Board,” in sections 5.3(c), 7.5.2, and 7.5.3, shall be changed to “Department;” and

2. The following references and language within the Handbook sections are changed as shown in Table 62-330.200(2)-4:

 

Section Number	From (language in Handbook)	To (language for Department use)
1.3	If an applicant or potential applicant has any questions about these procedures or wishes to have District staff assistance in interpreting them or in completing an application, he or she is encouraged to contact the SJRWMD’s Department of Resource Management at the appropriate location given below: Orlando Field Office 618 East South Street Orlando, FL 32801 [phone] for projects located in Lake, Orange, Polk, Seminole and Volusia Co.   Melbourne Field Office 305 East Drive Melbourne, FL 32904 (407) 84-4940 for projects located in Brevard, Indian River, Okeechobee and Osceola Co.   District Headquarters P. O. Box 1429 Palatka, Florida 32178-1429 [phone] for projects located in Alachua, Flagler, Marion and Putnam Co.   Jacksonville Field Office 7775 Baymeadows Way, Suite 102 Jacksonville, FL 32256 [phone] for projects located in Baker, Bradford, Clay, Duval, Nassau, and St. Johns Co.	If an applicant or potential applicant has any questions about these procedures or wishes to have Department staff assistance in interpreting them or in completing an application, he or she is encouraged to contact the applicable office of the Department at the location given below:   Florida Department of Environmental Protection Northeast District 7825 Baymeadows Way, Suite B200 Jacksonville, Florida 32256-7577   Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767   Florida Department of Environmental Protection Southwest District 13051 N. Telecom Parkway Temple Terrace, FL 33637-0926
1.4	The environmental resource stormwater permit application process is governed by Chapters 120, 373 and 403, F.S., and Chapters 28-106, 28-107, 40C-1, 40C-4, 40C-40, 40C-41, 40C-42, 62-1, 62-3, 62-40, and 62-302, F.A.C. A copy of Chapter 40C-42, F.A.C., is included in Appendix A of this handbook.	The environmental resource stormwater permit application process is governed by Chapters 120, 373 and 403, F.S., and Chapters 28-106, 28-107, 40C-1, 40C-4, 40C-40, 40C-41, 40C-42, 62-1, 62-40, and 62-302, F.A.C. A copy of Chapter 40C-42, F.A.C., is included in Appendix A of this handbook.
2.0(35)	“Waters” are as defined in subsection 373.019(8) F.S.	“Waters” are as defined in subsection 373.019(20), F.S.
3.1	Chapter 40C-42, F.A.C., became effective on April 1, 1986. Revisions occurred on October 1, 1987, May 30, 1990, August 11, 1991, September 25, 1991, March 21, 1993, April 11, 1994, and October 3, 1995.	Chapter 40C-42, F.A.C., became effective on April 1, 1986. Revisions occurred on October 1, 1987, May 30, 1990, August 11, 1991, September 25, 1991, March 21, 1993, April 11, 1994, October 3, 1995, and December 3, 2006.
3.2	[3rd paragraph] A “standard general environmental resource stormwater permit” is available for stormwater management systems which follow specific requirements as outlined in section 5. A standard general environmental resource stormwater permit is approved at the staff level and does not require action by the District’s Governing Board.   [4th paragraph] An “individual environmental resource stormwater permit” requires action by the District’s Governing Board. Stormwater management systems which are required to obtain a permit and do not qualify for a standard general environmental resource stormwater permit are required to obtain an individual environmental resource stormwater permit. Please refer to section 6 for a discussion of individual permit processing procedures.   [5th paragraph] The Board will not issue separate permits for parts of a system, except for a system which is to be constructed in phases.	[3rd paragraph] A “standard environmental resource stormwater permit” is available for stormwater management systems which follow specific requirements as outlined in section 5.   [4th paragraph] Stormwater management systems which are required to obtain a permit and do not qualify for a standard environmental resource stormwater permit are required to obtain an individual environmental resource stormwater permit. Please refer to section 6 for a discussion of individual permit processing procedures.   [5th paragraph] The Department will not issue separate permits for parts of a system, except for a system which is to be constructed in phases.
4.2	The application form for an environmental resource stormwater permit has been adopted by rule (see Rule 40C-42.900, F.A.C.). A copy of the application form is included in Appendix B of this handbook. This form must be used when making application for an individual or standard general environmental resource stormwater permit for construction, reconstruction, operation, maintenance, alteration, removal, or abandonment of new or existing stormwater systems.	The application form for an environmental resource stormwater permit has been adopted by rule (see Rule 62-343.900, F.A.C.). A copy of the application form is included in Appendix B of this handbook. This form must be used when making application for an individual or standard general environmental resource stormwater permit for construction, reconstruction, operation, maintenance, alteration, removal, or abandonment of new or existing stormwater systems.
4.3	A non-refundable permit processing fee as specified by Rule 40C-1.603, F.A.C., is required for the processing of each application for individual or standard general environmental resource stormwater permits or for a permit modification, and must be submitted concurrently with the filing of an application. An application submitted without the fee will not be considered complete.	A non-refundable permit processing fee as specified by subsection 62-4.050(4), F.A.C., is required for the processing of each application for individual or standard general environmental resource stormwater permits or for a permit modification, and must be submitted concurrently with the filing of an application. An application submitted without the fee will not be considered complete.
4.4	The requirement to submit multiple copies shall not apply when the application package is received electronically via the District’s E-Permitting website at www.sjrwmd.com	[Last paragraph in this section deleted]
4.5	The previous sections describe preparation of permit applications that are required under the regulation of stormwater management systems. Sections 5 and 6 contain a detailed discussion on the application processing procedures for standard general and individual environmental resource stormwater permits, respectively. An overview on how the two types of permits are processed by the District is provided in Appendix G.	The previous sections describe preparation of permit applications that are required under the regulation of stormwater management systems. Sections 5 and 6 contain a detailed discussion on the application processing procedures for standard general and individual environmental resource stormwater permits, respectively.
5.1	District standard general environmental resource stormwater permits differ from individual permits in that they are granted by rule rather than upon Board approval, to all systems which meet standard general permit design and performance criteria. To receive a standard general permit, the system must: (a) Meet certain threshold requirements described in section 3.3 of this handbook. (b) Be designed, constructed and operated in accordance with District criteria described in Parts II and III of this handbook. The person who seeks a standard general permit must submit a complete standard general environmental resource stormwater permit application to the District at least 30 days prior to undertaking the activity and must receive District authorization prior to proceeding.	To receive a standard general permit, the system must: (a) Meet certain threshold requirements described in section 3.3 of this handbook (b) Be designed, constructed and operated in accordance with District criteria described in Parts II and III of this handbook
5.3	Upon determination that one of the factors listed above is present, District staff will notify the applicant that the application has been upgraded to an individual environmental resource stormwater permit and that the provisions of section 6 will be followed.	Upon determination that one of the factors listed above is present, Department staff will notify the applicant that the application has been upgraded to an individual environmental resource stormwater permit.
7.4	One condition of each permit is that District authorized staff, upon proper identification, will have permission to enter, inspect and observe the system to insure compliance with the permitted plans and all conditions included in the permit issued by the District (see section 7.6.3). Chapter 373, F.S., provides for the enforcement of District rules by both administrative and civil complaint. In addition to the authority of the Governing Board to enforce, the District has the authority to obtain the assistance of county and city officials in the enforcement of the rules (see Sections 373.603 and 373.609, F.S.). A violation of any provision of Chapter 373, F.S., Chapters 40C-4, 40C-40, 40C-41, 40C-42, F.A.C., or orders of the District Governing Board, is a second degree misdemeanor and the violator may be subject to prosecution.	One condition of each permit is that Department authorized staff, upon proper identification, will have permission to enter, inspect and observe the system to insure compliance with the permitted plans and all conditions included in the permit issued by the Department (see section 7.5.3). Chapter 373, F.S., provides for the enforcement of Department and District rules by both administrative and civil complaint. In addition, the Department has the authority to obtain the assistance of county and city officials in the enforcement of the rules (see Sections 373.603 and 373.609, F.S.). A violation of any provision of Chapter 373, F.S., Chapters 40C-4, 40C-40, 40C-41, 40C-42, F.A.C., or orders of the Department, is a second degree misdemeanor and the violator may be subject to prosecution.
7.5.3.7	Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in Chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are hereby incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specification in Chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources.	Immediately prior to, during construction, and for the period of time after construction to allow for stabilization of all disturbed areas, the permittee shall implement and maintain erosion and sediment control best management practices, such as silt fences, erosion control blankets, mulch, sediment traps, polyacrylamide (PAM), temporary grass seed, permanent sod, and floating turbidity screens to retain sediment on-site and to prevent violations of state water quality standards. These devices shall be installed, used, and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work, and shall remain in place at all locations until construction is completed and soils are permanently stabilized. All best management practices shall be in accordance with the guidelines and specifications described in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Transportation and Florida Department of Environmental Protection, 2007, unless a project-specific erosion and sediment control plan is approved as part of the permit. If project-specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediments beyond those specified in the approved erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the guidelines and specifications in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual, Prepared for Florida Department of Transportation & Florida Department of Environmental Protection by HydroDynamics Incorporated in cooperation with Stormwater Management Academy, June 2007. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources as soon as practicable. Once project construction has been deemed complete, including the re-stabilization of all side slopes, embankments, and other disturbed areas, and before conversion of the permit to the operation and maintenance phase, all silt screens and fences, temporary baffles, and other materials that are no longer required for erosion and sediment control shall be removed.
7.5.3.8	If the permitted system was designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C-1.181(13) (As Built Certification By a Registered Professional), signed and sealed by an appropriate professional registered in the State of Florida, and two (2) sets of "As Built" drawings when a) required by a special condition of this permit, b) the professional uses “As Built” drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval.	If the permitted system was designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the Department the following: Form No. 62-343.900(5), (As Built Certification By a Registered Professional), signed and sealed by an appropriate professional registered in the State of Florida, and two (2) sets of "As Built" drawings when a) required by a special condition of this permit, b) the professional uses “As Built” drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans. This submittal will serve to notify the Department staff that the system is ready for inspection and approval.
7.5.3.9	If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C-1.181(14) (As Built Certification), signed by the permittee and two (2) sets of “As Built” drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval.	If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the Department the following: Form No. 62-343.900(6) (Inspection Certification), signed by the permittee and two (2) sets of “As Built” drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans. This submittal will serve to notify the Department staff that the system is ready for inspection and approval.
7.5.3.12	Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located, the owner in whose name the permit was granted shall notify the District of such change of ownership. Transfer of this permit shall be in accordance with the provisions of Rule 40C-1.612, F.A.C. All terms and conditions of this permit shall be binding upon the transferee. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.	Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located, the owner in whose name the permit was granted shall notify the Department of such change of ownership. Transfer of this permit shall be in accordance with the provisions of Rule 62-343.130, F.A.C. All terms and conditions of this permit shall be binding upon the transferee. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.
7.5.3.19	Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards.	Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards.
8.3(a)	Will not result in discharges from the system to surface and ground water of the state that cause or contribute to violations of state water quality standards as set forth in Chapters 62-3, 62-4, 62-302 and 62-550, F.A.C., including any anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.	Will not result in discharges from the system to surface and ground water of the state that cause or contribute to violations of state water quality standards as set forth in Chapters 62-4, 62-302 and 62-550, F.A.C., including any anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.
8.4	State water quality standards are established by DER and are set forth in Chapters 62-3, 62-4, 62-302, and 62-550, F.A.C. Surface and ground water discharges from stormwater management systems can not cause or contribute to a violation of state water quality standards. Systems in compliance with Chapter 40C-42, F.A.C., are presumed to meet state water quality standards.	State water quality standards are established by the Department and are set forth in Chapters 62-4, 62-302, 62-520, 62-522, and 62-550, F.A.C. Surface and ground water discharges from stormwater management systems can not cause or contribute to a violation of state water quality standards. Systems in compliance with Chapter 40C-42, F.A.C., are presumed to meet state water quality standards.
8.4.2	State water quality standards for ground water are set forth in Chapter 62-3, F.A.C. Rule 17-3.402, F.A.C., specifies minimum criteria for ground water. In addition to the minimum criteria, Class G-I and G-II ground water must meet primary and secondary drinking water quality standards for public water systems established pursuant to the Florida Safe Drinking Water Act, which are listed in Rules 62-550.310 and .320, F.A.C.   Only the minimum criteria apply within a zone of discharge, as determined in Rule 62-28.700, F.A.C. A zone of discharge is defined as a volume underlying or surrounding the site and extending to the base of a specifically designated aquifer or aquifers, within which an opportunity for the treatment, mixture or dispersion of wastes into receiving ground water is afforded. Generally, stormwater systems have a zone of discharge 100 feet from the system boundary or to the project’s property boundary, whichever is less.	State water quality standards for ground water are set forth in Chapters 62-520, 62-522, and 62-550, F.A.C. Rule 62-520.400, F.A.C., specifies minimum criteria for ground water. In addition to the minimum criteria, Class G-I and G-II ground water must meet primary and secondary drinking water quality standards for public water systems established pursuant to the Florida Safe Drinking Water Act, which are listed in Rules 62-550.310 and .320, F.A.C.   Only the minimum criteria apply within a zone of discharge, as determined in Chapter 62-522, F.A.C. A zone of discharge is defined as a volume underlying or surrounding the site and extending to the base of a specifically designated aquifer or aquifers, within which an opportunity for the treatment, mixture or dispersion of wastes into receiving ground water is afforded. Generally, stormwater systems have a zone of discharge 100 feet from the system boundary or to the project’s property boundary, whichever is less.
9.1.3	[Last paragraph] These seven principles are usually integrated into a system of vegetative and structural measures along with other management techniques to develop a plan to prevent erosion and control movement of sediment. Livingston et al. (1988) reports that in most cases, a combination of limited grading, limited time of exposure, and a judicious selection of erosion control practices and sediment trapping systems will prove to be the most practical method of controlling erosion and the associated production and transport of sediment. Permit applicants, system designers, and contractors can refer to the Florida Department of Transportation Drainage Manual (FDOT 1987) and The Florida Land Development Manual (Livingston et al. 1988) for further information on erosion and sediment control. These manuals provide guidance for the planning, design, construction, and maintenance of erosion and sediment control practices. Copies of Chapters 3 and 6 of The Florida Land Development Manual (Livingston et al. 1988) can be obtained upon request from any District permitting office (see section 1.3 for the location of the nearest office).	[Last paragraph] These seven principles are usually integrated into a system of vegetative and structural measures along with other management techniques to develop a plan to prevent erosion and control movement of sediment. Livingston et al. (1988) reports that in most cases, a combination of limited grading, limited time of exposure, and a judicious selection of erosion control practices and sediment trapping systems will prove to be the most practical method of controlling erosion and the associated production and transport of sediment. Permit applicants, system designers, and contractors can refer to the State of Florida Erosion and Sediment Control Designer and Reviewer Manual, Prepared for Florida Department of Transportation & Florida Department of Environmental Protection by HydroDynamics Incorporated in cooperation with Stormwater Management Academy, June 2007 and the latest edition of the Florida Department of Transportation Drainage Manual for further information on erosion and sediment control. These manuals provide guidance for the planning, design, construction, and maintenance of erosion and sediment control practices.
9.11.2	[Last paragraph] If the design of the proposed stormwater management systems does not include the minimum design criteria discussed in this section, an analysis must be submitted to the District that provides reasonable assurance that the ground water quality standards as set forth in Chapter 17-3, F.A.C., are met.	[Last paragraph] If the design of the proposed stormwater management systems does not include the minimum design criteria discussed in this section, an analysis must be submitted to the Department that provides reasonable assurance that the ground water quality standards as set forth in Chapters 62-520, 62-522, and 62-550, F.A.C., are met.
9.12	[4th paragraph] Off-line systems are generally more effective at removing pollutants than on-line systems because accumulated pollutants cannot be “flushed out” during storm events that produce runoff volumes exceeding the treatment storage volume. Consequently, on-line systems must treat a greater volume of runoff than off-line systems to reduce the likelihood of flushing accumulated pollutants out of the system and achieve the pollutant removal goals required by State Water Policy (Chapter 62-40, F.A.C.). Treatment volumes for each of the stormwater treatment practices described in Chapter 40C-42, F.A.C., is discussed in the section for that BMP (sections 10-16).	[4th paragraph] Off-line systems are generally more effective at removing pollutants than on-line systems because accumulated pollutants cannot be "flushed out" during storm events that produce runoff volumes exceeding the treatment storage volume. Consequently, on-line systems must treat a greater volume of runoff than off-line systems to reduce the likelihood of flushing accumulated pollutants out of the system and achieve the pollutant removal goals required by the Water Resource Implementation Rule (Chapter 62-40, F.A.C.). Treatment volumes for each of the stormwater treatment practices described in Chapter 40C-42, F.A.C., is discussed in the section for that BMP (sections 10-16).
9.13	Rates. In Proceedings of the Conference on Stormwater Detention Facilities, ed. W. DeGroot, pages 105-120. Engineering Foundation, American Society of Civil Engineers, New York.	Lakatos, D.F. and R.H. Kropp. 1982. Stormwater Detention Downstream Effects on Peak Flow Rates. In Proceedings of the Conference on Stormwater Detention Facilities, ed. W. DeGroot, pages 105-120. Engineering Foundation, American Society of Civil Engineers, New York.
16.6	The use of wetlands for stormwater treatment must meet the criteria in section 12.0, Environmental Consideration, of the Applicant’s Handbook: Management and Storage of Surface Waters, adopted by reference in Rule 40C-4.091, F.A.C. Pretreatment can reduce the impact of untreated stormwater upon the wetland. In addition, pre-treatment can be utilized to attenuate stormwater volumes and peak discharge rates so that the wetland’s hydroperiod is not adversely altered (Livingston 1989). Swale conveyances and lakes adjacent to the wetland are typical pretreatment practices.	The use of wetlands for stormwater treatment must meet the criteria in section 12.0, Environmental Consideration, of the Applicant’s Handbook: Management and Storage of Surface Waters, adopted by reference in paragraph 62-330.200(2)(i), F.A.C. Pretreatment can reduce the impact of untreated stormwater upon the wetland. In addition, pre-treatment can be utilized to attenuate stormwater volumes and peak discharge rates so that the wetland’s hydroperiod is not adversely altered (Livingston 1989). Swale conveyances and lakes adjacent to the wetland are typical pretreatment practices.
18.1.2(b)	The certification prepared by a registered professional (not necessarily the project design registered professional but one who has been retained by the permittee to provide professional services during the construction phase of project completion) shall be made on form number 40C-1.181(13), “As Built Certification by a Registered Professional” (see Appendix C for a copy of this form).	The certification prepared by a registered professional (not necessarily the project design registered professional but one who has been retained by the permittee to provide professional services during the construction phase of project completion) shall be made on form 62-343.900(5), “As Built Certification by a Registered Professional.”
18.1.3(a)	Within 30 days after completion of construction of the stormwater management system, permittee shall submit a certification on form number 40C-1.181(14), “As Built Certification” (see Appendix C for a copy of this form) that the system has been constructed in accordance with the design approved by the District and that the system is ready for inspection by the District.	Within 30 days after completion of construction of the stormwater management system, permittee shall submit a certification on form EN-44 “As Built Certification” (subsection 40C-42.900(3), F.A.C.) that the system has been constructed in accordance with the design approved by the Department and that the system is ready for inspection by the Department.
19.1.1	(a) Form number 40C-1.181(15), “Registered Professional’s Inspection Report,” for systems designed by a registered professional. (b) Form number 40C-1.181(16), “Statement of Inspection Report,” for systems not designed by a registered professional.	(a) Form number EN-46, “Registered Professional’s Inspection Report,” for systems designed by a registered professional. (b) Form number EN-47, “Statement of Inspection Report,” for systems not designed by a registered professional.
19.1.2	Inspection reports for dry detention, exfiltration, stormwater reuse, filtration, and pumped systems shall be submitted one year after the completion of construction and every two year thereafter on form number 40C-1.181(15), “Registered Professional’s Inspection Report.” A registered professional must sign and seal the report certifying the dry detention, exfiltration, or pumped system is operating as designed. However, reports for those systems in the Sensitive Karst Areas basin must be submitted pursuant to section 19.1.3 below.	Inspection reports for dry detention, exfiltration, stormwater reuse, filtration, and pumped systems shall be submitted one year after the completion of construction and every two year thereafter on form number EN-46, “Registered Professional’s Inspection Report.” A registered professional must sign and seal the report certifying the dry detention, exfiltration, or pumped system is operating as designed. However, reports for those systems in the Sensitive Karst Areas basin must be submitted pursuant to section 19.1.3 below.
19.1.3	(a) Form number 40C-1.181(15), “Registered Professional’s Inspection Report,” for systems designed by a registered professional (b) Form number 40C-1.181(16), “Statement of Inspection Report,” for systems not designed by a registered professional.	(a) Form number EN-46, “Registered Professional’s Inspection Report,” for systems designed by a registered professional. (b) Form number EN-47, “Statement of Inspection Report,” for systems not designed by a registered professional.

 

(h)(i) Subsections 1.1, 1.2, 1.3, 1.4, 1.5, section 2.0, subsections 3.1, 3.2, 3.3, 3.4, 7.1, 7.2, and 7.4 of Part I “Policy and Procedures,;” except for paragraphs 2.0(z) and (gg) through (kk) and (rr), sections 4.0 through 6.8, section 7.3, and sections 7.5 through 7.6.2; Part II “Criteria for Evaluation,” except for sections 12.4 and 12.5; subsections 18.0, 18.1, 18.2, and 18.3 of Part III “Methodologies;,” and Appendix K “Hydrologic Basin Boundaries” “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 Econlockhatchee River Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Alachua County,” and “Legal Description of the Sensitive Karst Areas Basin, Marion County” of the document entitled Applicant’s Handbook: Management and Storage of Surface Water (February 16, 2010 10-3-95), and except: as provided in subparagraph 1. through 3.

1. All references to “Chapter 40C-400, F.A.C.” are changed to “Chapter 62-341, F.A.C.,” all references to “standard general environmental resource permit” or “standard general permit” are changed to “standard environmental resource permit” or “standard permit,” as applicable, the references to “section” in section 3.3.3. (a) through (r) are changed to “Rule,” all references to “403.813(2)” are changed to “403.813(1)” and the reference to “403.813(3)” in paragraph 3.4.1(e)4.b. shall be “403.813(1),” all references to “Florida Game and Freshwater Fish Commission” and “FGFWFC” are changed to “Florida Fish and Wildlife Conservation Commission” and “FWC,” as applicable, all references to “Chapter 62-3” are deleted, and the reference to the “Governing Board” or “Board,” in section 3.5.3, is changed to “Department;” and Subsection 12.2.2: The second paragraph is amended to read “In evaluating whether an applicant has provided reasonable assurances under subsection 12.2.2, de minimis effects shall not be considered adverse for the purposes of this subsection.”

2. Subsection 12.2.2: The last paragraph is amended to read: “The need for a wildlife survey will depend upon the likelihood that the site is used by listed species, considering site characteristics and the range and habitat needs of such species, and whether the proposed system will impact that use such that the criteria in subsection 12.2.2-12.2.2.3 and subsection 12.2.7 will not be met. In assessing the likelihood of use of a site by listed species, the Department will consult scientific literature, such as “Closing the Gaps in Florida’s Wildlife Conservation System’ (Florida Game and Fresh Water Fish Commission, 1994) and the Florida Natural Areas Inventory Survey methodologies employed to inventory the site must provide reasonable assurances regarding the presence or absence of the subject listed species.”

2.3. The following references and language within the Handbook sections are changed as shown in Table 62-330.200(2)-5: Figure 12.2.8-1, effective {8-21-00}.

 

	Table 62-330.200(2)-5
Section Number	From (language in Handbook)	To (language for Department use)
1.3	If an applicant or potential applicant has any questions about these procedures or wishes to have District staff assistance in interpreting them or in completing an application, the applicant is encouraged to contact the nearest District office:   St. Johns River Water Management District P. O. Box 1429 Palatka, Florida 32178-1429 [phone]   St. Johns River Water Management District 7775 Baymeadows Way, Suite 102 Jacksonville, Florida 32256 [phone]   St. Johns River Water Management District 618 East South Street, Suite 200 Orlando, Florida 32801 [phone]   St. Johns River Water Management District 305 East Drive Melbourne, Florida 32904 [phone]	If an applicant or potential applicant has any questions about these procedures or wishes to have Department staff assistance in interpreting them or in completing an application, the applicant is encouraged to contact the nearest Department office:   Florida Department of Environmental Protection Northeast District 7825 Baymeadows Way, Suite B200 Jacksonville, Florida 32256-7577   Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767   Florida Department of Environmental Protection Southwest District 13051 N Telecom Parkway Temple Terrace, FL 33637-0926
7.1	All permits to construct, alter and maintain a surface water management system also include a permit to operate the system. An applicant must submit the information described in this section to specify the entity that will operate and maintain the system with the construction, alteration or maintenance permit application. The construction, alteration, or maintenance permit will be converted to the operation permit once the District determines the system or independent portion of a system has been constructed in compliance with the permit, and an appropriate entity has accepted responsibility for operation and maintenance of the system or independent portion of a system. The District will transfer the operation permit to an operation and maintenance entity upon request, pursuant to Rule 40C-4.351, F.A.C., once all conditions for converting the construction, alteration, or maintenance permit have been met.	All permits to construct, alter and maintain a surface water management system also include a permit to operate the system. An applicant must submit the information described in this section to specify the entity that will operate and maintain the system with the construction, alteration or maintenance permit application. The construction, alteration, or maintenance permit will be converted to the operation permit once the District determines the system or independent portion of a system has been constructed in compliance with the permit, and an appropriate entity has accepted responsibility for operation and maintenance of the system or independent portion of a system. The Department will transfer the operation permit to an operation and maintenance entity upon request, pursuant to Rule 62-343.110, F.A.C., once all conditions for converting the construction, alteration, or maintenance permit have been met.
8.2	Chapter 373, F.S. (Water Resources Act of 1972); Chapter 403, F.S., (Environmental Control); Chapter 62-40, F.A.C. (State Water Policy); and Governing Board policy as stated in Chapter 40C-4, F.A.C., (Environmental Resource Permits: Surface Water Management Systems), Chapter 40C-40, F.A.C., (Standard Environmental Resource Permits), Chapter 40C-41, F.A.C., (Environmental Resource Permits: Surface Water Management Basin Criteria), Chapter 40C-42, F.A.C., (Environmental Resource Permits: Regulation of Stormwater Management Systems), Chapter 40C-44, F.A.C., (Environmental Resource Permits: Regulation of Agricultural Surface Water Management Systems), this Handbook, and through permitting decisions of the Governing Board,. Copies of Chapter 373, F.S., (abridged), Chapters 40C-4, 40C-40, 40C-41, and 40C-400, F.A.C., are contained in the appendices in Part IV of this Handbook.	Chapter 373, F.S. (Water Resources Act of 1972); Chapter 403, F.S., (Environmental Control); Chapter 62-40, F.A.C. (Water Resource Implementation Rule); and Governing Board policy as stated in Chapter 40C-4, F.A.C., (Environmental Resource Permits: Surface Water Management Systems), Chapter 40C-40, F.A.C., (Standard Environmental Resource Permits), Chapter 40C-41, F.A.C., (Environmental Resource Permits: Surface Water Management Basin Criteria), Chapter 40C-42, F.A.C., (Environmental Resource Permits: Regulation of Stormwater Management Systems), Chapter 40C-44, F.A.C., (Environmental Resource Permits: Regulation of Agricultural Surface Water Management Systems), this Handbook, and through permitting decisions of the Governing Board. copies of Chapter 373, F.S., (abridged), Chapters 40C-4, 40C-40, 40C-41, and 62-341, F.A.C., are contained in the appendices in Part IV of this Handbook.
10.1.1(c)	Located in, adjacent to or in close proximity to Class II waters or located in Class II waters or Class III waters classified by the Department as approved, restricted or conditionally restricted for shellfish harvesting pursuant to Chapter 62R-7, F.A.C., will comply with the additional criteria in subsection 12.2.5 of the Applicant’s Handbook adopted by reference in Rule 40C-4.091, F.A.C.	Located in, adjacent to or in close proximity to Class II waters or located in Class II waters or Class III waters classified by the Department as approved, restricted or conditionally restricted for shellfish harvesting pursuant to Chapter 62R-7, F.A.C., will comply with the additional criteria in subsection 12.2.5 of the Applicant’s Handbook adopted by reference in Chapter 62-113, F.A.C.
10.1.2	When determining whether a permit applicant has provided reasonable assurances that District permitting standards will be met, the District shall take into consideration the applicant’s violation of any Department rules adopted pursuant to Sections 403.91-403.929, F.S., (1984 Supp.), as amended, which the District had the responsibility to enforce pursuant to delegation, or any District rules adopted pursuant to Part IV, Chapter 373, F.S., relating to any other project or activity and efforts taken by the applicant to resolve these violations. The Department’s delegation to the District to enforce Department rules is set forth in the Operating Agreement concerning Stormwater Discharge Regulation and Dredge and Fill Regulation, dated January 4, 1988; Operating Agreement concerning Management and Storage of Surface Waters Regulation and Wetland Resource Regulation between the St. Johns River Water Management District and Department of Environmental Regulation, dated August 28, 1992; and Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated August 25, 1994; Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated December 3, 1998; and Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated July 1, 2007, all incorporated by reference in Rule 40C-4.091, F.A.C. Revised 7/1/07.	When determining whether a permit applicant has provided reasonable assurances that District permitting standards will be met, the District shall take into consideration the applicant’s violation of any Department rules adopted pursuant to Sections 403.91-403.929, F.S., (1984 Supp.), as amended, which the Department had the responsibility to enforce pursuant to delegation, or any District or Department rules adopted pursuant to part IV, Chapter 373, F.S., relating to any other project or activity and efforts taken by the applicant to resolve these violations. The Department’s delegation to the District to enforce Department rules is set forth in the Operating Agreement concerning Stormwater Discharge Regulation and Dredge and Fill Regulation, dated January 4, 1988; Operating Agreement concerning Management and Storage of Surface Waters Regulation and Wetland Resource Regulation between the St. Johns River Water Management District and Department of Environmental Regulation, dated August 28, 1992; and Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated August 25, 1994; Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated December 3, 1998; and Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated July 1, 2007, all incorporated by reference in Chapter 62-113, F.A.C. Revised 7/1/07.
12.1.1(d)	a regulated activity located in, adjacent to or in close proximity to Class II waters or located in waters classified by the Department as approved, restricted, or conditionally restricted for shellfish harvesting pursuant to Chapter 62R-7, F.A.C., will comply with the additional criteria in subsection 12.2.5 of the Applicant’s Handbook (subsection 40C-4.302(3), F.A.C.);	a regulated activity located in, adjacent to or in close proximity to Class II waters or located in waters classified by the Department of Agriculture and Consumer Services (DACS) as approved, restricted, or conditionally restricted for shellfish harvesting pursuant to Chapter 5L-1, F.A.C. (July 29, 2008), will comply with the additional criteria in subsection 12.2.5 of the Applicant’s Handbook (subsection 40C-4.302(3), F.A.C.)
12.2.2(b)	[2nd paragraph] As part of the assessment of the impacts of regulated activities upon fish and wildlife, the District will provide a copy of all notices of applications for standard, individual, and conceptual approval permits which propose regulated activities in, on or over wetlands or other surface waters to the Florida Game and Fresh Water Fish Commission for review and comment. In addition, the District staff may solicit comments from the Florida Game and Fresh Water Fish Commission regarding other applications to assist in the assessment of potential impacts to wildlife and their habitats, particularly with regard to listed wildlife species. Where proposed activities have a potential to impact listed marine species, the District will provide a copy of the above-referenced types of applications to the Department of Environmental Protection.	[2nd paragraph] As part of the assessment of the impacts of regulated activities upon fish and wildlife, the Department will provide a copy of all notices of applications for standard, individual, and conceptual approval permits which propose regulated activities in, on or over wetlands or other surface waters to the Florida Fish and Wildlife Conservation Commission for review and comment. In addition, the District staff may solicit comments from the Florida Fish and Wildlife Conservation Commission regarding other applications to assist in the assessment of potential impacts to wildlife and their habitats, particularly with regard to listed wildlife species.
12.2.3.1(b)	impacts to areas classified by the Department as approved, conditionally approved, restricted or conditionally restricted for shellfish harvesting. Activities which would cause closure or a more restrictive classification or management plan for a shellfish harvesting area would result in a negative factor in the public interest balance with respect to this criterion.	impacts to areas classified by the DACS as approved, conditionally approved, restricted or conditionally restricted for shellfish harvesting. Activities which would cause closure or a more restrictive classification or management plan for a shellfish harvesting area would result in a negative factor in the public interest balance with respect to this criterion.
12.2.4.4	A temporary mixing zone for water quality during construction or alteration may be requested by the applicant. The District shall review such request pursuant to Rule 62-4.242 and subsection 62-4.244(5), F.A.C., in accordance with the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between St. Johns River Water Management District and Department of Environmental Protection, adopted by reference in Rule 40C-4.091, F.A.C.	A temporary mixing zone for water quality during construction or alteration may be requested by the applicant. The Department shall review such request pursuant to Chapter 62-4.242 and subsection 62-4.244(5), F.A.C., in accordance with the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between St. Johns River Water Management District and Department of Environmental Protection, adopted by reference in Chapter 62-113, F.A.C.
12.3.1.3	Mitigation through participation in a mitigation bank shall be in accordance with section 12.4 (Mitigation Banks).	Mitigation through participation in a mitigation bank shall be in accordance with Chapter 62-342, F.A.C. (Mitigation Banks).
12.3.2		[Add as first paragraph] For applications received on or after February 2, 2004, except as provided in Chapter 62-345, F.A.C., Sections 12.3.2-12.3.2.4 are superseded by Rule 62-345, F.A.C.
12.3.7.8(c)	When transferring a permit in accordance with Rule 40C-4.351, F.A.C., the new owner or person with legal control shall submit documentation to satisfy the financial responsibility requirements of subsections 12.3.7-12.3.7.9. The prior owner or person with legal control of the project shall continue the financial responsibility mechanism until the District has approved the permit transfer and substitute financial responsibility mechanism.	When transferring a permit in accordance with Rule 62-343.130, F.A.C., the new owner or person with legal control shall submit documentation to satisfy the financial responsibility requirements of subsections 12.3.7-12.3.7.9. The prior owner or person with legal control of the project shall continue the financial responsibility mechanism until the Department has approved the permit transfer and substitute financial responsibility mechanism.

 

(j) The Department will conduct a study of the implementation of Sections 12.2.1 and 12.2.7(b) of the Applicant’s Handbook and report to the Environmental Regulation Commission by July 1, 1996, recommending to the Commission whether amendments to these rules should be proposed.

(3) through (4) No change.

Rulemaking Specific Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414, 373.415, 373.418, 373.461, 380.06(9), 403.0877 FS. Law Implemented 373.019, 373.042, 373.0421, 373.085, 373.086, 373.109, 373.118, 373.119, 373.129, 373.136, 373.403, 373.406, 373.413, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.4211(22), (25), 373.422, 373.423, 373.426, 373.427, 373.429, 373.430, 373.433, 373.436, 373.439, 373.461, 380.06(9), 403.0877, 403.813(1) FS. History–New 12-7-92, Formerly 17-330.200, Amended 10-3-95, 6-6-96, 8-21-00, 9-4-05, 12-5-05, 6-5-06, 8-2-06, 8-2-06,________.