Subject


Chapter 62-330, F.A.C., is an existing rule of the DEP that currently incorporates by reference the rules of the WMDs used by the DEP to implement its responsibilities under the ERP program. It was recently amended (through rule transfers) to include all of the noticed general permits formerly contained in Chapters 62-341 and 62-330, F.A.C., will be substantially revised to become the statewide ERP rules. The proposed rulemaking for Chapter 62-330, F.A.C., will include provisions such as: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; general conditions; formal determinations of the landward extent of wetlands and other surface waters; and mitigation criteria currently contained in existing DEP and WMD ERP rules, primarily Chapters 40B-4, 40B-400, 40C-4, 40C-40, 40C-42, 40C-400, 40D-4, 40D-40, 40D-400, 40E-4, 40E-40, 40E-400, 62-342, 62-343, and 62-346, F.A.C., and the Applicant’s Handbooks and Basis of Review of each WMD. It will also incorporate new, and amend existing, exemptions and noticed general permits to authorize certain minor and routine activities more quickly than through individual permit review, and at lower cost to the applicant, without causing significant adverse impacts individually or cumulatively. The rule chapter will incorporate by reference guidance documents to be known as Applicant’s Handbooks, consisting of two volumes; one volume adopted by the DEP to include general and environmental procedures and forms that will apply statewide, and a second volume, specific to each WMD and adopted also by the applicable WMD, which will retain the existing design and performance standards for stormwater quality and quantity within each WMD. Additional basin-specific rules adopted by the WMDs also will be retained and incorporated by reference to maintain regional differences necessary because of variations in rainfall and other physical and natural characteristics throughout the state. The DEP has established an Internet site (http://www.dep.state.fl.us/water/wetlands/swerp/index.htm) to provide information about the rulemaking, and a dedicated forum (http://depflorida.ipbhost.com/) to accept comments from the public on the rule. A link to those sites also exists at http://www.dep.state.fl.us/water/rules_dr.htm#erp.