Purpose


The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012. This statute requires the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental 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 Section 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions. Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; and formal determinations of the landward extent of wetlands and other surface waters. As part of its rulemaking, DEP also intends to incorporate by reference documents to be known 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; and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD. DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in SFWMD’s Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, and will necessitate amendments to SFWMD Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, F.A.C., and its existing Basis of Review. Therefore, the purpose of this rule development is to revise or repeal SFWMD’s rules consistent with DEP’s adoption of statewide ERP rules in Chapter 62-330, F.A.C.