The purpose of this rulemaking is to add the term, “semi-impervious” to the conditions for issuance of general environmental resource permits that are based upon the amount of impervious material proposed for a project. The effect will be to clarify ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

Rule No.: RULE TITLE
40D-40.301: Conditions for Issuance of General Permits for Minor Surface Water Management Systems
PURPOSE AND EFFECT: The purpose of this rulemaking is to add the term, “semi-impervious” to the conditions for issuance of general environmental resource permits that are based upon the amount of impervious material proposed for a project. The effect will be to clarify that any such limitations concerning impervious surfaces are intended to include semi-impervious material. Historically, impervious and semi-impervious materials have been treated the same in District rules. However, recent rulemaking that included adoption of a separate definition of “semi-impervious” made the continued inclusion of semi-impervious materials in these rule provisions unclear.
SUMMARY: Rule 40D-40.301, F.A.C., sets forth conditions for issuance of general permits for minor surface water management systems. One of the conditions is that the area of impervious surface not exceed 2 acres. Historically, impervious and semi-impervious materials have been treated the same in District rules. However, recent rulemaking that included adoption of a separate definition of “semi-impervious” made the continued inclusion of semi-impervious materials in this condition unclear. Therefore, the condition is amended to provide that the area of impervious and semi-impervious surfaces shall not exceed 2 acres.
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, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.427 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 hours 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-40.301 Conditions for Issuance of General Permits for Minor Surface Water Management Systems.

(1) To obtain this general permit, an applicant must provide reasonable assurance that all of the following conditions are met and certify that:

(a) Except for minor residential subdivisions meeting the criteria in subsection (2), the total land area does not equal or exceed 10 acres.;

(b) Except for minor residential subdivisions meeting the criteria in subsection (2), the area of impervious and semi-impervious surfaces shall not exceed 2 two acres.;

(c) The proposed activities will occur in, on or over less than 100 square feet of wetlands or other surface waters. Road or driveway crossings of ditches constructed in uplands will not be counted against the 100 square foot limit.;

(d) The activities will not utilize pumps for storm water management.;

(e) The activities will not utilize storm drainage facilities larger than one 24-inch diameter pipe, or its equivalent.;

(f) Discharges from the site will meet state water quality standards.;

(g) The proposed building floors will be above the 100 year flood elevation.;

(h) The proposed activities do not cause significant adverse impacts to occur individually or cumulatively.;

(i) The surface water management system can be effectively operated and maintained.; and

(j) The surface water management system will meet the applicable water quality design criteria in the ERP Basis of Review incorporated by reference in subsection 40D-4.091(1), F.A.C. Alternatively, individual lots in minor residential subdivisions may meet the applicable criteria in subsection (2).

(2) Additional criteria for minor residential subdivisions:

(a) Roadways within the subdivision shall consist of paved or unpaved stabilized roads with an unyielding subgrade.;

(b) The drainage system shall not act in a manner that would divert and channelize large areas of overland sheet flow, thereby creating point source discharges that will adversely affect effect wetlands, or areas beyond the applicant’s perpetual control.;

(c) Point discharges shall not exceed the capacity of receiving waters.;

(d) All terminal discharge structures shall be designed to withstand the 25-year, 24-hour post-development discharge without functional failure.;

(e) The proposed post-development impervious and semi-impervious surfaces will not exceed a five percent (5%) increase over pre-developed conditions.;

(f) Proposed or projected construction shall maintain a minimum 75 foot vegetated buffer, which includes a 25 foot perpetually undisturbed buffer upland of all wetlands and other surface waters. Only the 25 foot perpetually undisturbed buffer shall be required adjacent to an isolated wetland entirely located within an individual residential lot.;

(g) Proposed or projected construction shall maintain a minimum 75 foot buffer adjacent to all project boundaries.;

(h) The applicant’s demonstration of compliance with this subsection shall include provision of a typical lot layout showing proposed driveways, buildings, and other impervious and semi-impervious areas and the anticipated percentage of impervious and semi-impervious surfaces resulting from projected construction on individual residential lots.;

(i) The boundaries of the surface water management system, wetlands, surface waters and buffers shall be recorded in plats or easements and included in any declaration of covenants, conditions, easements and restrictions and shall be identified in all sales contracts by the developer. These recorded documents shall be perpetual and applicable to all future sales of property within the development. Language shall also be contained in the recorded documents notifying all individual lot owners that permits are required if any of the following items are proposed:

1. Alteration to the surface water management system.;

2. Encroachment into the wetlands, wetland buffers, or adjacent off-site property line buffers.

(3) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.427 FS. History–New 3-1-88, Amended 10-3-95, 10-16-96, 9-26-02, 2-1-05, 2-26-07,_________.

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