By notice published in the Florida Administrative Register (FAR) on February 12, 2015, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend the above referenced rule. This rule was last amended on October 1, 2013, ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-4.091Publications Incorporated by Reference

PURPOSE AND EFFECT: By notice published in the Florida Administrative Register (FAR) on February 12, 2015, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend the above referenced rule. This rule was last amended on October 1, 2013, to make it consistent with section 373.4131, F.S., which required the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permitting (ERP) rules. The purpose and effect of this rulemaking is to make minor corrections and provide clarifications that have been identified as necessary since October 1, 2013, and to address comments received from the Office of Fiscal Accountability and Regulatory Reform (OFARR). More specifically, the effect of the rulemaking will be to: (1) update the effective date for the parts of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use within the Geographic Limits of the St. Johns River Water Management District” (Volume II) incorporated by reference in Rule 40C-4.091, F.A.C., since SJRWMD intends to amend parts of Volume II; and (2) move and amend language from Rule 40C-42.091, F.A.C. (which currently incorporates Part V of Volume II) to this rule. (Rule 40C-42.091, F.A.C. is proposed for repeal concurrently with this rulemaking). Revisions to Volume II will: (1) amend provisions related to the District-specific thresholds and exemptions regarding agricultural surface water management systems (including §§1.2.3 and 1.3.3) to clarify that any such systems that result in a project area of more than five acres (under DEP’s currently proposed amendment to 62-330.020(2)(d)) and do not exceed any permit threshold in paragraphs 62-330.020(2)(a), (b), (e), (f), (g), (h), or (j), F.A.C., will be reviewed and acted upon in accordance with Chapter 40C-44, F.A.C.; (2) clarify or repeal provisions that refer to the use of local government standards to address District water quantity and quality criteria (including §§ 2.7.1, 3.3.1(d), 3.3.3); (3) amend and clarify several provisions to reflect that DEP may, in certain instances, establish minimum flows and levels that would be applied by SJRWMD (§§ 2.0, 3.5.2); (4) advise that stormwater detention and retention basins are identified as “potentially moderate sanitary hazards” (including §§5.1, 7.1, 9.1); and (5) amend several provisions to implement conforming, clarifying and technical changes (including §§ 1.0, 1.1, 2.1, 4.4, 8.4).

SUMMARY: As amended, subsection 40C-4.091 will incorporate certain portions of a revised document entitled “Environmental Resource Permit Applicant’s Handbook Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”. This handbook volume accompanies Applicant’s Handbook – Volume I (General and Environmental) and will continue to be used in conjunction with Volume I to implement the State’s Environmental Resource Permitting program within the boundaries of SJRWMD. Generally, the revised incorporated provisions: (1) correct and clarify text in light of provisions in Chapter 62-330, F.A.C.; (2) clarify and more accurately reflect how the District evaluates whether an applicant meets District water quantity and quality criteria; and (3) clarify District-specific thresholds and exemptions regarding agricultural surface water management systems explanations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by District staff in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.046(4), 373.113, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461 FS.

LAW IMPLEMENTED: 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: District Clerk, [phone]. 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: Veronika Thiebach, Sr. Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-4.091 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a)1. Part I “Introduction, Organization, Definitions and Applicability available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-01831],” Part II “General Criteria,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-01832], Part III “Stormwater Quantity/Flood Control,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-01833], Part IV “Stormwater Quality,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-01834], and Part V “Best Management Practices,” which are all available at [https://www.flrules.org/Gateway/reference.asp?No=Ref-06351http://www.flrules.org/Gateway/reference.asp?No=Ref-03000],

2. Part VI “Basin Criteria,” available at [https://www.flrules.org/Gateway/reference.asp?No=Ref-06352http://www.flrules.org/Gateway/reference.asp?No=Ref-03001],

3. Appendix A “Drainage Basins for Cumulative Impacts Evaluation and Regional Watersheds for Mitigation Banking,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-03008],

4. Appendix B “Legal Description Upper St. Johns River Hydrologic Basin,” “Legal Description Ocklawaha River Hydrologic Basin,” “Legal Description Wekiva River Hydrologic Basin,” “Legal Description Wekiva Recharge Protection Basin,” “Legal Description Econlockhatchee River Hydrologic Basin,” “Legal Description Sensitive Karst Areas Basin, Alachua County,” “Legal Description Tomoka River Hydrologic Basin,” “Legal Description Spruce Creek Hydrologic Basin,” “Legal Description Sensitive Karst Areas Basin, Marion County,” and “Legal Description Lake Apopka Hydrologic Basin,” available at [https://www.flrules.org/Gateway/reference.asp?No=Ref-06353http://www.flrules.org/Gateway/reference.asp?No=Ref-02999],

5. Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”) available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-03009], and

6. Appendix D, available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-03010],   of the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District,” effective (effective date 10-1-13).

(b) No change.

(c) Water quality standards of Chapter 62-4, F.A.C., (October 1, 2013 February 16, 2012), available at [https://www.flrules.org/Gateway/reference.asp?No=Ref-06354http://www.flrules.org/Gateway/reference.asp?No=Ref-03003], Chapter 62-302, F.A.C., (June 7, 2015 December 20, 2012), available at [https://www.flrules.org/Gateway/reference.asp?No=Ref-06355http://www.flrules.org/Gateway/reference.asp?No=Ref-03004], Chapter 62-520, F.A.C., (July 12, 2009), available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-03005], and Chapter 62-550, F.A.C., (July 7, 2015 February 16, 2012), available at [https://www.flrules.org/Gateway/reference.asp?No=Ref-06356http://www.flrules.org/Gateway/reference.asp?No=Ref-03006].

(d) through (e) No change.

(2) No change.

This rule will become effective on January 1, 2016, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on September 3, 2014 (Vol. 40, No. 17) take effect, whichever is later.

Rulemaking Authority 369.318, 373.044, 373.046(4), 373.113, 373.117, 373.4131, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.461 FS. Law Implemented 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.117, 373.129, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.415, 373.416, 373.418,373.419,  373.423, 373.426, 373.461(3), 403.0877, FS. History–New 12-7-83, Amended 10-14-84, Formerly 40C-4.091, Amended 5-17-87, Formerly 40C-4.0091, Amended 8-20-87, 10-1-87, 10-11-87, 11-26-87, 8-30-88, 1-1-89, 8-1-89, 10-19-89, 4-3-91, 9-25-91, 11-12-91, 3-1-92, 7-14-92, 9-8-92, 9-16-92, 11-12-92, 11-30-92, 1-6-93, 1-23-94, 2-27-94, 11-22-94, 10-3-95, 8-20-96, 11-25-98, 12-3-98, 1-7-99, 1-11-99, 8-21-00, 7-8-01, 10-11-01, 4-10-02, 9-26-02, 3-7-03, 11-11-03, 2-1-05, 12-3-06, 7-1-07, 5-13-08, 11-5-08, 10-29-09, 2-16-10, 12-27-10, 10-1-13,                                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Veronika Thiebach, Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] and Thomas Mayton Jr., Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 12, 2015