Notice of Rule Developments (begin rulemaking)
40C-1.1007 Point of Entry Rulemaking
Rule No.
40C-1, Florida Administrative Code (F.A.C.)
Rule Title
40C-1.1007 Point of Entry Into Proceedings
- 40C-1 Notice of Rule Development
(Posted on 1-24-23) - Current Rule 40C-1.1007
(Posted on 1-24-23) - 1-10-23 Governing Board Memo authorizing Notice of Rule Development
(Posted on 1-24-23)
Description
PURPOSE AND EFFECT: The purpose and effect of the proposed amendment to rule 40C-1.1007, F.A.C., will be to update and clarify that this rule is not intended to allow multiple challenges to the same permit application. This may help reduce costs to applicants.
SUMMARY: This rule development will update and clarify a procedural rule regarding the point of entry to challenge a District decision.
Environmental Resource Permitting (ERP) Stormwater Rulemaking for SJRWMD
Rule No.
40C-4, Florida Administrative Code (F.A.C.)
Rule Title
ENVIRONMENTAL RESOURCE PERMITS: SURFACE WATER MANAGEMENT SYSTEMS
- 40C-4 Notice of Proposed Rule
(Posted on 1-13-23) - SJRWMD Applicant’s Handbook Volume II
(Posted on 1-13-23)
Rule No.
40C-41, Florida Administrative Code (F.A.C.)
Rule Title
SURFACE WATER MANAGEMENT BASIN CRITERIA
- 40C-41 Notice of Proposed Rule
(Posted on 1-13-23)
Description
In conjunction with the Florida Department of Environmental Protection (FDEP), the St. Johns River Water Management District (SJRWMD) is engaged in rulemaking to update the environmental resource permitting (ERP) stormwater design and operation regulations, using the most recent scientific information available, as required by paragraph 373.4131(6)(a), F.S. (2020). The coordinated rulemaking pursuant to this notice includes amendments by FDEP to update chapter 62-330, F.A.C., and ERP Applicant’s Handbook Volume I (which both apply statewide), plus SJRWMD’s amendments to its ERP Applicant’s Handbook Volume II (which applies within the SJRWMD region). Therefore, part of the purpose of this rule development is to revise SJRWMD’s rules consistent with DEP’s amendments to chapter 62-330 and ERP Applicant’s Handbook Volume I.
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments will be to: (1) update stormwater design and operation regulations incorporated by rule in the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District,” as required by paragraph 373.4131(6)(a), F.S. (2020); (2) update and simplify the Lake Apopka rules; (3) amend stormwater design criteria to promote conservation of groundwater; (4) update dam safety rules as part of the 373.4131(6)(a), F.S. rulemaking, and (5) otherwise update, simplify, or clarify rules and reduce regulatory costs.
SUMMARY: Among other things, the proposed rule amendments will cover the revision of SJRWMD rules on the following subjects: (1) stormwater design and operation regulations; (2) the Lake Apopka rules; (3) stormwater design criteria that promote conservation of groundwater; (4) dam safety rules, and (5) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas described above, plus miscellaneous minor technical edits.
The St. Johns River Water Management District plans to consider publication of the Notices of Proposed Rule during the regularly scheduled Governing Board Meeting on February 14, 2023. Thus, comments on the draft proposed rules will be due by January 27, 2023.
Notice of Proposed Rules (complete rulemaking)
Environmental Resource Permitting (ERP) Stormwater Rulemaking for SJRWMD
Rule No.
40C-4, Florida Administrative Code (F.A.C.)
Rule Title
ENVIRONMENTAL RESOURCE PERMITS: SURFACE WATER MANAGEMENT SYSTEMS
40C-4 Notice of Proposed Rule
(Posted on 2-3-23)
SJRWMD ERP Applicant’s Handbook Volume II
(Posted on 2-3-23)
Rule No.
40C-41, Florida Administrative Code (F.A.C.)
Rule Title
SURFACE WATER MANAGEMENT BASIN CRITERIA
40C-41 Notice of Proposed Rule
(Posted on 1-13-23)
Description
In conjunction with the Florida Department of Environmental Protection (FDEP), the St. Johns River Water Management District (SJRWMD) is engaged in rulemaking to update the environmental resource permitting (ERP) stormwater design and operation regulations, using the most recent scientific information available, as required by paragraph 373.4131(6)(a), F.S. (2020). The coordinated rulemaking pursuant to this notice includes amendments by FDEP to update chapter 62-330, F.A.C., and ERP Applicant’s Handbook Volume I (which both apply statewide), plus SJRWMD’s amendments to its ERP Applicant’s Handbook Volume II (which applies within the SJRWMD region). Therefore, part of the purpose of this rule development is to revise SJRWMD’s rules consistent with DEP’s amendments to chapter 62-330 and ERP Applicant’s Handbook Volume I.
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to: (1) remove all water quality presumptive criteria and water quality treatment standards, including for all best management practice (BMP) stormwater treatment methods, and remove other water quality criteria, sediment and erosion control requirements, and operation and maintenance requirements, which will all now be covered in DEP’s Chapter 62-330, F.A.C., and its Environmental Resource Permit (ERP) Applicant’s Handbook Volume I (General and Environmental) (hereafter “DEP’s Handbook Volume I”); (2) update and clarify SJRWMD’s remaining rules regarding other criteria and standards for various BMPs in SJRWMD’s Handbook Volume II; (3) repeal dry detention as a BMP (due to its low ability to remove nutrients); (4) add design criteria for above ground berms that could impound water (for water quality and safety reasons) in SJRWMD’s Handbook Volume II; (5) update and clarify side slope criteria (for water quality and safety reasons) in SJRWMD’s Handbook Volume II; (6) update and conform SJRWMD’s rules on dam safety with DEP’s changes to its dam safety rules in DEP’s Handbook Volume I (for water quality and safety reasons) in SJRWMD’s Handbook Volume II; (7) update Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”) in SJRWMD’s Handbook Volume II; (8) update and simplify the Lake Apopka rules and other special basin rules in section 13.0 of SJRWMD’s Handbook Volume II; and (9) make other miscellaneous minor edits, clarifications, and conforming changes throughout.
SUMMARY: As amended, subsection 40C-4.091 will incorporate certain portions of a revised document entitled “Environmental Resource Permit Applicant’s Handbook Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”. This Volume II handbook volume accompanies DEP’s Handbook Volume I and will continue to be used in conjunction with Volume I to implement the State’s Environmental Resource Permitting (ERP) program within the boundaries of SJRWMD. Generally, the revised incorporated provisions: (1) remove all water quality presumptive criteria and water quality treatment standards, including for all best management practice (BMP) stormwater treatment methods, and remove other water quality criteria, sediment and erosion control requirements, and operation and maintenance requirements (which will all now be covered in DEP’s Chapter 62-330 and Handbook Volume I); (2) update and clarify SJRWMD’s remaining rules regarding other criteria and standards for various BMPs; (3) repeal dry detention as a BMP; (4) add design criteria for above ground berms that could impound water; (5) update and clarify side slope criteria; (6) update and conform SJRWMD’s rules on dam safety with DEP’s changes to its dam safety rules; (7) update Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”); (8) update and simplify the Lake Apopka rules and other special basin rules in section 13.0 of SJRWMD’s Handbook Volume II; and (9) make other miscellaneous minor edits, clarifications, and conforming changes throughout.
The St. Johns River Water Management District plans to consider publication of the Notices of Proposed Rule during the regularly scheduled Governing Board Meeting on February 14, 2023.