306246, 40C-41.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 306246

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

SURFACE WATER MANAGEMENT BASIN CRITERIA

Overview

RULE:

40C-41.011	Policy and Purpose
40C-41.023	Basin Boundaries
40C-41.033	Implementation
40C-41.043	Application of Chapter
40C-41.063	Conditions for Issuance of Permits

PURPOSE:

The purposes of this proposed rule amendment are to (1) create the “Wekiva Recharge Protection Basin,” (2) create recharge criteria for certain systems located within the Wekiva Recharge Protection Basin that require an ERP pursuant to Chapters 40C-4, 40C-40, 40C-42, or 40C-44, F.A.C., (3) repeal from the Wekiva River Hydrologic Basin the recharge criteria and “Most Effective Recharge Areas” (which areas will be superceded by the new Wekiva Recharge Protection Basin), and (4) amend the Wekiva River Hydrologic Basin rules to clarify which criteria apply within the Wekiva River Hydrologic Basin and that the Wekiva recharge criteria only apply within the Wekiva Recharge Protection Basin.  The effects of the proposed amendment are to (1) establish the Wekiva Recharge Protection Basin, (2) require applications to demonstrate that systems within the Wekiva Recharge Protection Basin either retain three inches of runoff from all impervious areas proposed to be constructed on type “A” soils (and percolating into the soils within 72 hours) or otherwise demonstrate that the post-development recharge capacity is equal to or greater than the pre-development recharge capacity, (3) delete the recharge criteria  from the Wekiva River Hydrologic Basin, and (4) clarify that the Wekiva recharge criteria will only apply in the Wekiva Recharge Protection Basin.

SUBJECT:

The proposed rule amendments would create the “Wekiva Recharge Protection Basin” in sections 40C-41.011, 40C-41.023(4), 40C-41.033, 40C-41.043, and Figure 41-6, create recharge criteria for certain systems located within the Wekiva Recharge Protection Basin requiring an ERP in 40C-41.063(3)(a), repeal the existing recharge criteria from the Wekiva River Hydrologic Basin rules in 40C-41.063(3)(a), and create a requirement that the new Wekiva recharge criteria will also apply to stormwater management systems requiring permits pursuant to rules 40C-42.022 or 40C-44.041, F.A.C., respectively in 40C-41.043(5)-(6).

RULEMAKING AUTHORITY:

369.318, 373.044, 373.113, 373.418 FS.

LAW:

369.316, 369.318, 373.413, 373.414, 373.415, 373.416, 373.418, 373.426 FS.

PRINT PUBLISH DATE:

5/5/2006 Vol. 32/18

RELATED STATUTES
AND LAWS:

369.318, 373.044, 373.113, 373.418 FS., 369.316, 369.318, 373.413, 373.414, 373.415, 373.416, 373.418, 373.426 FS.

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-41.011&PDate=5/5/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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