Summary
The proposed new Chapter 62-346, F.A.C., provides for the permits that are required for the construction, alteration, operation, maintenance or repair, abandonment, or removal of stormwater management systems within the geographic area of the NWFWMD, applicable exemptions, the procedures for submitting applications and notices, fees, criteria for evaluation of permits, general and limiting conditions, forms, and related provisions for operation and maintenance, modification, duration, extension, transfer, and suspension or revocation of permits.
Chapter 62-346, F.A.C., provides for two types of permits for stormwater management systems – noticed general permits and individual permits. The rules also provide for conceptual approval permits, which are a type of individual permit. However, conceptual approval permits may be applied for and will be reviewed and acted on only after the adoption of the Phase II rules.
Noticed general permits are issued by Chapter 62-341, F.A.C., which is an existing rule chapter currently in use in the environmental resource permit program that is in effect under Part IV of Chapter 373, F.S., throughout Florida, except within the Panhandle. This chapter is being amended concurrently with the adoption of Chapter 62-346, F.A.C., to enable applicable general permits to be used in the Panhandle.
The construction, alteration, operation, maintenance or repair, abandonment, or removal of stormwater management systems that do not qualify for one or more of the exemptions in Chapter 62-346, F.A.C., or a noticed general permit under Chapter 62-341, F.A.C., will require an individual permit. These permits are individually reviewed and acted upon in accordance with the procedures and criteria established in Chapter 62-346, F.A.C.
Proposed Rule 62-346.091, F.A.C., incorporates by reference documents that are used in implementing Chapter 62-346, F.A.C., including a new Applicant’s Handbook comprised of Volumes I and II, the Operating Agreement between the Department and the NWFWMD, forms, and other documents used in implementing the rules. The format and number system used in the rules and the incorporation of an Applicant’s Handbook is the same as is used by the water management districts outside of the Panhandle.
Applicant’s Handbook Volume I explains and provides detail on the criteria and procedures for the submittal, processing, and evaluation of applications for activities regulated under Chapters 62-341 and 62-346, F.A.C. This volume is applicable to all applications for stormwater management permits within the Panhandle, but is not applicable to applications under Chapters 62-25 or 62-312, F.A.C. Specifically, it provides discussion and details on the general program background, statutes and rules, regulated activities, permit types and exemptions, processing and review procedures for applications and notices, permit duration, procedures applicable to modifying and transferring permits, compliance inspections and enforcement, erosion and sediment control practices, and operation and maintenance of systems. Volume I also includes four Appendices, which contain a copy of the Operating Agreement executed between the Department and the NWFWMD, statutory and rule definitions and exemptions related to the implementation of Chapters 62-341 and 62-346, F.A.C., copies of the forms, and a model operation and maintenance document.
Applicant’s Handbook Volume II provides detailed design and performance requirements for all engineered stormwater management systems that require an individual permit under Chapter 62-346, F.A.C. Generally, this includes systems involving impervious area and total project area exceeding certain thresholds. Volume II also provides detail on general design and performance criteria applicable to all engineered stormwater management systems and additional stormwater quantity (flood control) criteria applicable to systems that exceed certain thresholds, best management practices for the design of stormwater management systems, methodology and design examples for various stormwater management systems, and special basin criteria for systems located in sensitive Karst areas.
The “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection” provides a division of responsibilities between the Department and the NWFWMD for reviewing and taking agency action on applications and notices for permits, petitions for variances, and verification of exemptions under Chapters 62-341 and 62-346, F.A.C., as well as the responsibilities for compliance monitoring and enforcement. It also provides that the Department will be responsible for performing and taking agency action on all petitions for formal determinations applications for mitigation banks, and Ecosystem Management Agreements within the Panhandle.
Forms have been developed to submit an application or notice for a permit, to notice the commencement of construction, to certify as-built conformance with the permit, to convert permits from the construction phase to an operation and maintenance phase, to transfer a permit, and to notice the addition of systems to a previously permitted regional stormwater management system.
This rulemaking is associated with concurrent proposed amendments to Chapters 62-4 and 62-341, F.A.C., which are being published separately.