Purpose


By notice published in the Florida Administrative Weekly on August 24, 2012, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S. Section 373.4131, F.S. became effective on July 1, 2012, and requires the Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop statewide environmental resource permitting (“ERP”) rules. These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective and streamlined approach in the state’s ERP program. To implement 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. As part of its rulemaking, DEP intends to incorporate by reference documents to be known collectively as an applicant’s handbook. Two volumes of the applicant’s handbook will apply in each WMD: (1) one volume that will include general and environmental procedures, and forms that will apply statewide (Volume I); and (2) a second volume, specific to, and adopted by, the WMD that, among other things, will set forth design and performance standards for stormwater quality and quantity, and address any District-specific thresholds and exemptions in Chapter 62-330 (Volume II). These volumes will replace and/or amend SJRWMD’s existing Applicant’s Handbooks, including “Applicant’s Handbook: Agricultural Surface Water Management Systems (Chapter 40C-44, F.A.C.)” (December 27, 2010) (Agricultural Handbook). During the rulemaking process, DEP has indicated that the statewide environmental resource permitting rules will be designed so that they do not substantively affect agricultural or silvicultural activities within each WMD. Consistent with this goal, the new statewide ERP rules in Chapter 62-330 will incorporate by reference the District’s existing rules in Chapter 40C-44 regarding agricultural surface water management systems. The purposes of the proposed rule amendments to Chapter 40C-44 are to: (1) delete or update references to rule chapters 40C-4 and 40C-40 and Applicant’s Handbook Sections that will be superseded by Chapter 62-330 and new Applicant’s Handbook volumes; (2) make any other necessary changes to reflect adoption of the statewide ERP rules; and (3) implement amendments consistent with the District’s 2012-2013 Regulatory Plan. None of the proposed amendments are designed to create changes in the substantive requirements for agricultural surface water management systems under Chapter 40C-44 within SJRWMD.