62-330.010. Purpose and Implementation  


Effective on Tuesday, December 22, 2020
  • 1(1) This chapter, together with the rules and all documents it incorporates by reference, implements the comprehensive, statewide environmental resource permit (ERP) program under Section 26373.4131, 27F.28S.

    29(2) The ERP program governs the following: construction, alteration, operation, maintenance, repair, abandonment, and removal of stormwater management systems, dams, impoundments, reservoirs, appurtenant works, and works (including docks, piers, structures, dredging, and filling located in, on or over wetlands or other surface waters, as defined and delineated in Chapter 62-340, F.A.C.) (any one or a combination of these may be collectively referred to throughout this chapter as “projects” or “systems”).

    99(3) The responsibilities for implementing this chapter are described in Operating and Delegation Agreements between the Department of Environmental Protection (“Department”), the water management districts (“Districts”), and local governments (“delegated local governments”). The Agreements are incorporated by reference in Rule 13962-113.100, 140F.A.C. The term “Agency” applies to the Department, a District, or a delegated local government, as applicable, throughout this chapter.

    160(4) This chapter is used in conjunction with an Applicant’s Handbook, in two volumes, as follows:

    176(a) Applicant’s Handbook Volume I, “182General and Environmental” (hereinafter “Volume I”) applies s190tatewide to all activities regulated under Chapter 62-330, F.A.C. It includes explanations, procedures, guidance, standards, and criteria 207on what is regulated by this chapter, the types of permits available, how to submit an application or notice for a regulated activity to the Agencies, how applications and notices are reviewed, the standards and criteria for issuance, and permit duration and modification. 250Volume I, including Appendices G, H, and I only, is incorporated by reference herein, (265December 22, 2020268) (270https://www.flrules.org/Gateway/reference.asp?No=Ref-12078272).

    273(b) An Applicant’s Handbook Volume II (280hereinafter “Volume II”283), has been adopted for use within each District. 292Each District’s Volume II is incorporated by reference herein and in the rules listed below, which also are incorporated by reference herein. These rules and Handbook Volumes are available as provided in subsection (5), below.

    3271. Northw329est Florida Water Management District ‒ “Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant’s Handbook – Volume II (Design and Performance Standards Including Basin Design and Crit362eria),” including all appendices, is incorporated by reference herein (June 1, 2018) (376http://www.flrules.org/Gateway/reference.asp?No=Ref-09392 378and 379http://www.flrules.org/Gateway/reference.asp?No=Ref-03173381) or from the Agency as provided in subsection (5).

    3912. Suwannee River Water Management District, Applicant’s Handbook Volume II, 401is 402incorporated by reference herein, (August, 2013408) (410http://www.flrules.org/Gateway/reference.asp?No=Ref-09398412), 413and in 415subsection 41640B-400.091(2), 417F.A.C., (419October 14, 2013) 422(423https://www.flrules.org/Gateway/reference.asp?No=Ref-02523425).

    4263. St. Johns River Water Management District, Applicant’s Handbook Volume II, is 438incorporated by reference herein, (June 1, 2018) 445(446http://www.flrules.org/Gateway/reference.asp?No=Ref-09405448), 449and in 451subsections 45240C-4.091(1) 453(June 1, 2018) 456(457https://www.flrules.org/Gateway/reference.asp?No=Ref-09411459), and 46140C-44.091(1), 462F.A.C., (June 4641, 2018) 466(467https://www.flrules.org/Gateway/reference.asp?No=Ref-09410469).

    4704. Southwest Florida Water Management District, 476Applicant’s Handbook Volume II, is 481incorporated by reference herein, 485(486June 1, 2018) 489(490https://www.flrules.org/Gateway/reference.asp?No=Ref-12079492), 493and in Rule 40D-4.660, F.A.C., (June 1, 2018) 501(502https://www.flrules.org/Gateway/reference.asp?No=Ref-12080504).

    5055. South Florida Water Management District, 511Applicant’s Handbook Volume II, 515including Appendices A through D, 520is incorporated by reference herein, 525(526May 22, 2016529) (531https://www.flrules.org/Gateway/reference.asp?No=Ref-12081533).

    534A copy of the incorporated material identified above may be obtained from the Agency Internet site, https://floridadep.gov/water/water/content/water-resource-management-rules#ERP, or as described in subsection 55662-330.010(5), 557F.A.C.

    558(5) A copy of Volumes I and II and the other Agreements, rules, forms, and other documents incorporated by reference in this chapter also may be obtained 585from the 587Agency Internet site 590or by contacting staff in an Agency office identified in Appendix A of Volume I605.

    606(6) This chapter explains how to submit notices and applications for activities regulated under Part IV of Chapter 373, F.S., and provides the standards for Agency review and action, which must not be harmful to the water resources and not be inconsistent with the overall objectives of the Agency. This chapter also includes procedures for petitions for a formal determination of the landward extent of wetlands and surface waters under Chapter 62-340, F.A.C.

    679Editor notes: The effective date of the rule will be effective date of assumption, which is the date identified by EPA as published in the Federal Register §707373.4146, F.S.