15659503, 40C-44.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15659503

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF AGRICULTURAL SURFACE WATER MANAGEMENT SYSTEMS

Overview

RULE:

40C-44.021	Definitions
40C-44.065	Performance Standards
40C-44.066	Water Quality Practices
40C-44.071	Relationship to Other Permitting Requirements
40C-44.091	Publications Incorporated by Reference
40C-44.101	Content of the Application
40C-44.341	Revocation or Modification of Permits (Repealed)
40C-44.900	Forms and Instructions

PURPOSE:

The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above referenced rules.  These rules were last amended on October 1, 2013, to make them consistent with section 373.4131, F.S., which required the Department of Environmental Protection in coordination with the five water management districts (WMDs) to develop statewide environmental resource permitting (ERP) rules.  The purpose and effect of this rulemaking will be to make corrections and provide clarifications that have been identified as necessary since October 1, 2013, and to address comments received from the Joint Administrative Procedures Committee (JAPC). More specifically, the effect of the rulemaking will be to: (1) update the effective date for Part VII of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use within the Geographic Limits of the St. Johns River Water Management District” (Volume II), incorporated by reference in 40C-44.091, since SJRWMD intends to amend this part of  Volume II; (2) replace references to “reuse” with “harvesting” or “stormwater harvesting” since those terms are used in Volume II to refer to methods that prevent the discharge of stormwater into surface waters of the State by deliberate application of stormwater for irrigation; (3) repeal subsection 40C-44.065(3) and rules 40C-44.341 and 40C-44.900 as the District has determined these provisions are no longer needed in light of (a) amendments that became effective October 1, 2013 and (b) existing statutory and rule provisions. Revisions to Part VII of Volume II will: (1) delete references to appendices D through G which are now incorporated by reference in rules 40C-44.061 and 40C-44.101 as Forms 40C-44.101(2), EN-14M, Table 1, and EN-52; (2) revise in part the procedure for processing and submitting applications for certain agricultural surface water management systems to make it consistent with “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)”; and (3) delete certain provisions related to performance standards, permit revocation and permit modification that have been determined unnecessary since they are subsumed in other provisions of the rule or addressed by statute.

SUBJECT:

This rule development will include: (1) revisions to the rules needed to correct and clarify text in light of provisions in Chapter 62-330, F.A.C., and “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)”, and (2) revisions on the following topics: (a) procedure for submitting and processing applications, (b) performance standards for permit issuance, and (c) permit revocation and modification. 
 Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY:

369.318, 373.044, 373.113, 373.116, 373.171, 373.4131, 373.415, 373.416, 373.418, F.S.

LAW:

369.318, 373.413, 373.4131, 373.416, 373.418, 373.461, F.S.

PRINT PUBLISH DATE:

2/12/2015 Vol. 41/29

RELATED STATUTES
AND LAWS:

369.318, 373.044, 373.113, 373.116, 373.171, 373.4131, 373.415, 373.416, 373.418, F.S., 369.318, 373.413, 373.4131, 373.416, 373.418, 373.461, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=40C-44.021&PDate=2/12/2015&Section=1

REFERENCE MATERIALS:

Ref-02658 Form 40C-44.101(2) Supplemental Information for Agricultural Systems
Ref-03002 Environmental Resource Permit Applicant's Handbook, Volume II (Part VII)

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