The purpose of the proposed revisions is to create a new environmental resource permitting (ERP) exemption for activities that involve less than 4,000 square feet of impervious or semi-impervious surface subject to vehicular traffic in uplands and ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-4.021: Definitions
40D-4.051: Exemptions
PURPOSE AND EFFECT: The purpose of the proposed revisions is to create a new environmental resource permitting (ERP) exemption for activities that involve less than 4,000 square feet of impervious or semi-impervious surface subject to vehicular traffic in uplands and activities that involve less than 9,000 square feet of total impervious or semi-impervious surface in uplands. Concurrent with these rule revisions, the District is proposing revisions to Rule 40D-400.475, F.A.C. that delete the 4,000 and 9,000 square foot threshold requirements from the permit criteria of this NGP. The revisions also incorporate a new definition for “semi-impervious” to clarify the types of surfaces that will contribute to the new exemption threshold area. The effect of the proposed revisions, if adopted, will allow the regulated public to conduct minor activities that the District has determined have minimal individual or cumulative impacts to the water resources without applying to the District for confirmation that a proposed activity qualifies for either an exemption or NGP and paying the applicable fee.
SUMMARY: The proposed revision creates a new ERP exemption that incorporates the 4,000 and 9,000 square foot threshold requirements included in Rule 40D-400.475, F.A.C., that the District is concurrently amending, and adds a new definition of semi-impervious to the District’s list of definitions in Rule 40D-4.021, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rule revisions will add an additional ERP exemption that should reduce the number of case-by-case exemption determinations and exempt some activities that would otherwise require a Noticed General Permit. There will be no increase in the number of individuals or entities required to obtain an Environmental Resource Permit (ERP) and certain Noticed General Permit applicants could instead avail themselves of the proposed exemption. The proposed rule revisions should reduce the District’s processing costs for Noticed General Permits and case-by-case exemption confirmations and should not result in any increases in implementation and enforcement costs or reductions in revenues to state or local governments. There will be no increase in transactional costs and those who can avail themselves of the new exemption will save a minimum of $100 to $250 in transaction costs. There will be no adverse impacts on small businesses, cities or counties. Small businesses, cities and counties will benefit from the same transaction cost reductions as other entities and individuals if they qualify for the proposed exemption.
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, 373.149, 373.171, 373.414(9) FS.
LAW IMPLEMENTED: 373.079(4)(a), 373.083(5), 373.403, 373.406, 373.413, 373.414, 373.414(9), 373.416 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 ADACoordinator@swfwmd. state.fl.us. 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: Barbara Martinez, Sr. Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4660 (OGC #2009059)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-4.021 Definitions.

When used in this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) through (14) No change.

(15) “Semi-impervious” means land surfaces which partially restrict the penetration of water; included as examples are porous pavements, limerock, and other compacted materials.

(15) through (21) renumbered (16) through (22) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.403, 373.413 FS. History–Readopted 10-5-74, Formerly 16J-4.02, Amended 10-1-84, 3-1-88, 9-11-88, 10-3-95, 7-23-96, 2-27-02, 9-26-02, 2-19-04, 2-6-07, 1-8-08, 9-29-08, 11-2-09,________.

 

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 (14) No change.

(15) Construction, alteration, operation or abandonment of a stormwater management system meeting the following criteria:

(a) The proposed activities are not conducted within twenty-five feet of wetlands or other surface waters;

(b) The proposed activities include no more than 4,000 square feet of impervious or semi-impervious surface area subject to vehicular traffic, such as roads, parking lots, driveways, and loading zones;

(c) The proposed activities include no more than 9,000 square feet of total impervious or semi-impervious area;

(d) The proposed activities, including placement of fill, encompass no more than one-half acre of total project area;

(e) The proposed activities do not include filling in floodways, 100-year floodplains or water conveyance features such as ditches or swales and do not adversely affect offsite properties by altering overland sheetflow;

(f) The system does not directly discharge into an Outstanding Florida Water, as listed in Rule 62-302-700, F.A.C.;

(g) The proposed activities are not conducted as part of a larger common plan of development or sale regulated under Part IV of Chapter 373, F.S.;

(h) The proposed activities are not conducted within the geographic limits of an existing permit issued pursuant to Part IV of Chapter 373, F.S.; and

(i) The proposed activities, considered separately or in combination with other activities conducted pursuant to this exemption, do not cumulatively exceed any of the thresholds indicated above.

(16)(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), 373.416 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,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: H. Clark Hull, Jr., ERP Program Director, Resource Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 16, 2010