The purpose of this rulemaking is to add the term, “semi-impervious” to the environmental resource permit rules and portions of the Environmental Resource Permitting Manual Part B, Basis of Review, which set forth permitting exemptions, limitations ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

Rule No.: RULE TITLE
40D-4.051: Exemptions
40D-4.091: Publications, Forms and Agreements Incorporated by Reference
40D-4.101: Content of Application
PURPOSE AND EFFECT: The purpose of this rulemaking is to add the term, “semi-impervious” to the environmental resource permit rules and portions of the Environmental Resource Permitting Manual Part B, Basis of Review, which set forth permitting exemptions, limitations or requirements that are based upon the amount of impervious surface existing or proposed for a project. The effect will be to clarify that semi-impervious material is to be included in requirements relating to impervious material. Historically, impervious and semi-impervious materials have been treated the same in District rules. However, recent rulemaking involving adoption of a separate definition of “semi-impervious” made the continued inclusion of semi-impervious material in calculations relating to impervious material unclear.
SUMMARY: Environmental resource permitting rules have certain exemptions, limitations or requirements that are based on the amount of impervious surface either proposed or existing for a project. Longstanding District practice has been to include semi-impervious materials with impervious materials when addressing such provisions. Recently, the District adopted a specific definition of “semi-impervious,” which made the continued inclusion of semi-impervious material in requirements for impervious material unclear in some rules. The amendments proposed in this rulemaking will eliminate any uncertainty concerning how semi-impervious material is to be addressed. Subsection 40D-4.051(3), F.A.C., which sets forth an exemption from environmental resource permitting for surface water management systems for agricultural or silvicultural activities, is amended to clarify that the area of impervious and semi-impervious surface must not equal or exceed 2 acres in order to be exempt under this provision. Subsection 40D-4.091(1), F.A.C., is amended to incorporate by reference a revised Environmental Resource Permitting Information Manual Part B, Basis of Review, various sections of which are amended to include the word “semi-impervious” in provisions relating to impervious surface materials. The definition of “impervious” is also amended to eliminate overlap with the definition of “semi-impervious.” The Joint Application for Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit, Form No. 547.27/ERP, is revised to include the term, “semi-impervious” in application information requirements relating to impervious surface material. Rule 40D-4.101, F.A.C., is amended to incorporate by reference the revised form, with an effective date of 6/2010.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The SERC addresses adding the term, “semi-impervious” to all appropriate sections of the Environmental Resource Permitting Information Manual, rules and application forms where limitations, restrictions or requirements are specified concerning impervious material. In February 2010, the Governing Board approved amendments to add a separate definition of “semi-impervious” to subsection 40D-4.021(15), F.A.C. A definition for “impervious” already existed. The intent was to confirm inclusion of both impervious and semi-impervious areas in calculations relating to impervious surfaces. However, by adding a definition of “semi-impervious,” the earlier rulemaking makes the continued like treatment of semi-impervious and impervious materials unclear in some rules. The proposed revisions will not pose any additional implementation, monitoring or enforcement costs to the District or any other state or local governments. No individuals or entities will incur additional transactional costs as a result of the proposed changes. The proposed rule language is a non-substantive change. Small businesses, counties and cities will not be impacted by these proposed changes in rule language.
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.
SPECIFIC AUTHORITY: 373.044, 373.046, 373.113, 373.149, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.042, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.406, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
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: The Southwest Florida Water Management District, Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103; or email to: [e-mail]. 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: Dianne Lee, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone], ext 4657

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-4.051 Exemptions.

The District will exempt from regulation under Section 373, Part IV, F.S., those activities that the District determines will have only minimal or insignificant individual or cumulative adverse impacts on the water resources of the District.

The following activities are exempt from permitting under this chapter:

(1) through (2) No change.

(3) The construction, alteration, or operation of a surface water management system for agricultural or silvicultural activities which satisfies the following requirements:

(a) No change.

(b) The area of impervious and semi-impervious surfaces will not equal or exceed 2 acres;

(c) through (j) No change.

(4) through (15) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.414(9) FS. Law Implemented 373.406, 373.413, 373.414(9) FS. History–Readopted 10-5-74, Formerly 16J-4.05, Amended 10-1-84, 10-1-86, 3-1-88, 1-24-90, 10-3-95, 4-18-01, 5-17-01, 4-9-02, 2-19-04, 6-30-05, 11-26-07, 9-29-08,_________.

 

40D-4.091 Publications, Forms and Agreements Incorporated by Reference.

The following documents are hereby incorporated by reference and are applicable to this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District, ___________ December 9, 2009. This document is available from the District’s website at www.watermatters.org or from the District upon request.

(2) through (6) No change.

Rulemaking Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-22-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08, 5-12-09, 5-17-09, 8-30-09, 11-2-09, 11-3-09, 12-9-09,_________.

 

40D-4.101 Content of Application.

(1) Applications for Environmental Resource Permits required by this chapter shall be filed with the District in accordance with the requirements of this chapter and Chapter 40D-1, F.A.C. The application shall consist of all of the following:

(a) The information required in Section 373.413(2), F.S.;

(b) Five copies of the Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Form No. 547.27/ERP (6/10) 547.27/ERP (4/09), incorporated herein by reference, with applicable supplements, sections A through K, copies of which can be obtained from the District’s website at www.watermatters.org or from the District offices.;

(c) Five copies of drawings, calculations, environmental and construction information, and engineering details sufficient to define the nature, scope, intent and functioning of the work proposed. ;

(d) The appropriate fee as specified in Chapter 40D-1, F.A.C.; and

(e) Such other information as is reasonably necessary to determine that the surface water management system meets the conditions of this chapter.

(2) through (5) No change.

(6) If the application involves activities located in, on, or over wetlands or other surface waters the District shall forward a copy of the notice of application to and request comments from both agencies listed below:

(a) The Florida Fish and Wildlife Conservation Commission.; and

(b) The Florida Department of State, Division of Historical Resources.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.413 FS. History–Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 12-16-97, 2-27-03, 9-10-08, 8-30-09,_________.

 

Environmental Resource Permitting Information Manual Part B, Basis of Review

1.7.7 “Directly Connected Impervious Areas.”

Unless otherwise specifically stated in the Basis of Review, directly connected impervious areas as considered in the calculation of volumes for treatment systems are those impervious and semi-impervious areas hydraulically connected to the treatment system directly or by pipes or ditches.

1.7.20 “Impervious.”

Land surfaces which do not allow, or minimally allow, the penetration of water; examples are buildings, nonporous concrete and asphalt pavements, and some fine grained soils such as clays.

2.4 Water Management Areas.

Such areas shall be shown on construction plans and, when appropriate, legally reserved for that purpose by dedication on the plat, deed restrictions, easements, etc., so that subsequent owners or others may not remove such areas from their intended use. Management areas, including maintenance easements, shall be connected to a public road or other location from which operation and maintenance access is legally and physically available. Impervious Areas designed for purposes such as roads, parking lots, sidewalks, or public access shall not be used as water management areas if the level or duration of standing or flowing water on these areas is a potential risk to vehicular traffic or pedestrian use.

5.2 Retention, Detention Criteria.

a. No change.

b. Detention with Effluent Filtration System (Manmade Underdrains).

1. A detention with effluent filtration system shall treat the runoff from the first one inch of rainfall; or as an option for projects or project subunits with drainage areas less than 100 acres, the first one-half inch of runoff. In determining the runoff from one inch of rainfall, the applicant must provide calculations determining runoff from the directly connected impervious and semi-impervious areas separately from any other contributing area.

2. through 7. No change.

c. On-line treatment system

1. An on-line treatment system shall treat the runoff from the first one-inch of rainfall; or as an option for projects or project sub-units with drainage areas less than 100 acres, the first one-half inch of run-off. In determining the runoff from one-inch of rainfall, the applicant must provide calculations determining runoff from the directly connected impervious and semi-impervious areas separately from any other contributing area.

2. through 3. No change.

d. Off-line treatment system

1. Off-line treatment system shall treat the runoff from the first one-inch of rainfall; or as an option for projects or project sub-units with drainage areas less than 100 acres, the first one-half inch of runoff. In determining the runoff from one-inch of rainfall, the applicant must provide calculations determining run-off from the directly connected impervious and semi-impervious areas separately from any other contributing area.

2. No change.

e. No change.

f. Off-site treatment volumes shall be the total runoff from one-inch of rainfall over the contributing off-site area. The runoff from the directly connected impervious and semi-impervious contributing areas shall be determined separately from the runoff from the other contributing areas.

6.1 Discharge Structures.

a. through d. No change.

e. Discharge structures for water quality systems shall include a “baffle” system to encourage discharge from the center of the water column rather than the top or bottom. Discharge structures from areas with greater than 50 percent impervious and semi-impervious area or from systems with inlets in paved areas shall include a baffle, skimmer, or other mechanism suitable for preventing oil and grease from discharging from detention and on-line treatment systems.

f. through h. No change.

6.6 Impervious Areas.

Runoff shall be discharged from impervious and semi-impervious surfaces into retention areas, or through detention devices, filtering and cleansing devices, or subjected to some type of Best Management Practice (BMP) prior to discharge from the project site. For projects, which include substantial paved areas, such as shopping centers, large highway intersections with frequent stopped traffic, and high density developments, provisions shall be made for the removal of oil, grease and sediment from storm water discharges.

NAME OF PERSON ORIGINATING PROPOSED RULE: Clark Hull, ERP Program Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 29, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 9, 2010