3817840, 62-346.010 - Florida Administrative Rules, Law, Code, Register

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Notice: 3817840

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

Environmental Resource Permitting in Northwest Florida

Overview

RULE:

62-346.010	Policy and Purpose (Repealed)
62-346.020	General Provisions (Repealed)
62-346.030	Definitions (Repealed)
62-346.040	Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters (Repealed)
62-346.050	Permits Required (Repealed)
62-346.051	Exemptions from Permitting (Repealed)
62-346.060	Conceptual Approval Permits (Repealed)
62-346.070	Procedures to Prepare Applications and Notices for Permits, Water Quality Certification, Coastal Zone Consistency Concurrence, and to Request Verification of Qualification for an Exemption (Repealed)
62-346.071	Fees (Repealed)
62-346.080	Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices (Repealed)
62-346.090	Processing of Notices and Applications (Repealed)
62-346.091	Documents Incorporated by Reference. (Repealed)
62-346.095	Operation, Maintenance, and Inspection (Repealed)
62-346.100	Modification of Permits (Repealed)
62-346.110	Duration of Permits (Repealed)
62-346.120	Permit Extensions (Repealed)
62-346.130	Transfer of Ownership (Repealed)
62-346.140	Suspension and Revocation (Repealed)
62-346.301	Conditions for Issuance of Individual (Including Conceptual Approval) and Standard Stormwater Permits (Repealed)
62-346.381	General and Special Limiting Conditions (Repealed)
62-346.451	Emergency Authorizations and Actions (Repealed)
62-346.900	Environmental Resource Permit Forms. (Repealed)

PURPOSE:

A new Chapter 62-346, F.A.C. is proposed to implement the new Environmental Resource Permitting Program (ERP) within the geographical area of the Northwest Florida Water Management District (NWFWMD), generally referred to as the “Panhandle.” This rule is authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. This rule has been developed jointly by the Department and the NWFWMD in accordance with Section 373.4145, F.S., but will be adopted by the Department and may be implemented by the NWFWMD without further adoption pursuant to Section 120.54, F.S.
This rule is written to address the phased approach to rulemaking as provided in Section 373.4145(1), F.S. That section requires the first phase of rulemaking, as reflected in the proposed Chapter 62-346, F.A.C., and herein called the “Phase I rules,” to be limited to regulating the construction, operation, alteration, maintenance, abandonment, and removal of stormwater management systems. Section 373.4145(1)(a), F.S., provides that the Phase I rules are intended to update existing stormwater rules within the Panhandle through improving water quality and flood protection, while at the same time being based on the least restrictive stormwater quality and quantity measures and criteria adopted in the rules of the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts, while taking into consideration the differing physical and natural characteristics of the area. The Phase I rules do not govern the regulation of dredge and fill activities. These activities will continue to be regulated under Chapter 62-312, F.A.C. until the “Phase II rules” are adopted under Section 373.4145(1)(b), F.S. The Phase II rules can be implemented no sooner than January 1, 2008. Therefore, in addition to any permits required under Chapter 62-346, F.A.C., any activities involving stormwater management systems that also involve dredging or filling in surface waters of the state (as defined in Rule 62-312.030, F.A.C.) must obtain applicable separate authorization under Chapter 62-312, F.A.C., Chapter 62-25, F.A.C., the existing stormwater rule in the Panhandle, will continue to apply to activities that are grandfathered under Section 373.4145(6), F.S., but a separate permit under Chapter 62-25, F.A.C., will not be required for activities that are regulated under Chapter 62-346, F.A.C.
Section 373.4145(3), F.S., provides that “The rules adopted under subsection (1), as applicable, shall: (a) Incorporate the exemptions in subsection 373.406 and 403.813(2) and (d) Incorporate the exemptions and general permits that are effective under this part and have been enacted by rule by the department and other water management districts, including the general permits authorized by Section 403.814, F.S.” In accordance with those provisions, the Department has included in the Phase I rules all of the exemptions and general permits that are available in the rest of the state.
Section 373.4145(6), F.S., exempts certain additional activities from regulation under Chapter 62-346, F.A.C., such as the construction and use of a single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger common plan of development or sale proposed by the applicant, and does not involve wetlands or other surface waters, and the regulation of agriculture activities, which continue to be governed by the exemptions in Section 373.406, F.S., or are otherwise regulated by the NWFWMD in accordance with Chapters 40A-44, F.A.C.
OGC NO.: 06-1126

SUMMARY:

The proposed new Chapter 62-346, F.A.C., provides for the permits that are required for the construction, alteration, operation, maintenance or repair, abandonment, or removal of stormwater management systems within the geographic area of the NWFWMD, applicable exemptions, the procedures for submitting applications and notices, fees, criteria for evaluation of permits, general and limiting conditions, forms, and related provisions for operation and maintenance, modification, duration, extension, transfer, and suspension or revocation of permits.
Chapter 62-346, F.A.C., provides for two types of permits for stormwater management systems – noticed general permits and individual permits. The rules also provide for conceptual approval permits, which are a type of individual permit. However, conceptual approval permits may be applied for and will be reviewed and acted on only after the adoption of the Phase II rules.
Noticed general permits are issued by Chapter 62-341, F.A.C., which is an existing rule chapter currently in use in the environmental resource permit program that is in effect under Part IV of Chapter 373, F.S., throughout Florida, except within the Panhandle. This chapter is being amended concurrently with the adoption of Chapter 62-346, F.A.C., to enable applicable general permits to be used in the Panhandle.
The construction, alteration, operation, maintenance or repair, abandonment, or removal of stormwater management systems that do not qualify for one or more of the exemptions in Chapter 62-346, F.A.C., or a noticed general permit under Chapter 62-341, F.A.C., will require an individual permit. These permits are individually reviewed and acted upon in accordance with the procedures and criteria established in Chapter 62-346, F.A.C.
Proposed Rule 62-346.091, F.A.C., incorporates by reference documents that are used in implementing Chapter 62-346, F.A.C., including a new Applicant’s Handbook comprised of Volumes I and II, the Operating Agreement between the Department and the NWFWMD, forms, and other documents used in implementing the rules. The format and number system used in the rules and the incorporation of an Applicant’s Handbook is the same as is used by the water management districts outside of the Panhandle.
Applicant’s Handbook Volume I explains and provides detail on the criteria and procedures for the submittal, processing, and evaluation of applications for activities regulated under Chapters 62-341 and 62-346, F.A.C. This volume is applicable to all applications for stormwater management permits within the Panhandle, but is not applicable to applications under Chapters 62-25 or 62-312, F.A.C. Specifically, it provides discussion and details on the general program background, statutes and rules, regulated activities, permit types and exemptions, processing and review procedures for applications and notices, permit duration, procedures applicable to modifying and transferring permits, compliance inspections and enforcement, erosion and sediment control practices, and operation and maintenance of systems. Volume I also includes four Appendices, which contain a copy of the Operating Agreement executed between the Department and the NWFWMD, statutory and rule definitions and exemptions related to the implementation of Chapters 62-341 and 62-346, F.A.C., copies of the forms, and a model operation and maintenance document.
Applicant’s Handbook Volume II provides detailed design and performance requirements for all engineered stormwater management systems that require an individual permit under Chapter 62-346, F.A.C. Generally, this includes systems involving impervious area and total project area exceeding certain thresholds. Volume II also provides detail on general design and performance criteria applicable to all engineered stormwater management systems and additional stormwater quantity (flood control) criteria applicable to systems that exceed certain thresholds, best management practices for the design of stormwater management systems, methodology and design examples for various stormwater management systems, and special basin criteria for systems located in sensitive Karst areas.
The “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection” provides a division of responsibilities between the Department and the NWFWMD for reviewing and taking agency action on applications and notices for permits, petitions for variances, and verification of exemptions under Chapters 62-341 and 62-346, F.A.C., as well as the responsibilities for compliance monitoring and enforcement. It also provides that the Department will be responsible for performing and taking agency action on all petitions for formal determinations applications for mitigation banks, and Ecosystem Management Agreements within the Panhandle.
Forms have been developed to submit an application or notice for a permit, to notice the commencement of construction, to certify as-built conformance with the permit, to convert permits from the construction phase to an operation and maintenance phase, to transfer a permit, and to notice the addition of systems to a previously permitted regional stormwater management system.
This rulemaking is associated with concurrent proposed amendments to Chapters 62-4 and 62-341, F.A.C., which are being published separately.

RULEMAKING AUTHORITY:

373.026(7), 373.043, 373.118, 373.4145, 373.418, 380.06(9)(b), 403.0877 FS.

LAW:

373.026(7), 373.043, 373.109, 373.118, 373.406(5), 373.409, 373.413, 373.4132, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.423, 373.426, 373.428, 373.429, 380.06(9)(b) FS.

PRINT PUBLISH DATE:

3/9/2007 Vol. 33/10

COMMENTS:

From 3/9/2007 To 3/30/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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