Summary
The District’s current ERP rules require an ERP to construct or operate a new surface water management system except when a project meets a specific rule or statutory exemption. The proposed rule amendments will clarify when an ERP is required by removing the distinction between a “surface water management system” and a “new surface water management system.” The proposed revision deletes the term “new surface water management system” from Rules 40D-4.021 and 40D-4.041, F.A.C., and creates new exemptions under Rule 40D-4.051, F.A.C., for the operation of systems constructed prior to October 1, 1984 or systems constructed under a previous exemption. The changes are consistent with the District's long-term interpretation and application of the terms. The proposed rule amendments also remove the word “design” from the definition of Alteration in Rule 40D-4.021, F.A.C., to clarify that an ERP is required for activities that result in an increase or decrease in the discharge of the system as constructed.