26866883, 62-330.010 - Florida Administrative Rules, Law, Code, Register

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Notice: 26866883

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

ENVIRONMENTAL RESOURCE PERMITTING

Overview

RULE:

62-330.010	Purpose and Implementation
62-330.050	Procedures for Review and Agency Action on Exemption Requests
62-330.055	Conceptual Approval Permits for Urban Infill or Redevelopment
62-330.301	Conditions for Issuance of Individual and Conceptual Approval Permits
62-330.310	Operation and Maintenance
62-330.311	Inspections and Reporting
62-330.350	General Conditions for Individual Permits
62-330.405	General Conditions for All General Permits

PURPOSE:

Chapter 2020-150, Laws of Florida, codified at section 373.4131(6), F.S., required the Department to adopt rules to update the stormwater design and operation regulations and the Environmental Resource Permit Applicant’s Handbook using the most recent scientific information available. The revisions proposed to Chapter 62-330, Florida Administrative Code (F.A.C.), and the ERP Applicant’s Handbooks under Part IV, Chapter 373, Florida Statutes (F.S), pursuant to this direction, include the following provisions to strengthen Florida’s water resource protections; 1) Updated rule language to provide stormwater design performance criteria and to establish updated practices to ensure increased removals of nutrients from stormwater discharges; 2) New permitting requirements for consistent application of the net improvement performance standard, to ensure significant reductions of pollutant loadings to a waterbody where existing water quality does not meet standards for a stormwater pollutant; and 3) Increased requirements for stormwater operation and maintenance regulations, including new minimum inspection and permitting requirements for entities performing operation and maintenance of permitted stormwater management systems.

SUMMARY:

Minor revisions to the rule and Applicant Handbooks are proposed to provide technical corrections, clarifications, and updates to forms and notices. More substantive proposed amendments include amendments to update design requirements and minimum stormwater treatment performance standards that increase the removal of nutrients from stormwater discharges, and additional revisions to strengthen stormwater operation, maintenance, inspection, and reporting regulations in accordance with s. 373.4131, Fla. Stat. 
Rule 62-330.010, Fla. Admin. Code, Purpose and Implementation, is amended to incorporate by reference the updated and revised Applicant’s Handbook (AH) Volume I, Additional Appendices, and AH Volume II for the Northwest Florida Water Management District (NWFWMD) to address any changes that are being proposed during this rulemaking that revise water quantity or water quality permitting criteria within the NWFWMD. 
In sections 62-330.050, 62-330.350, and 62-330.405, the existing references to the State of Florida Erosion and Sediment Control Designer and Reviewer Manual and Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual is updated to reference the most recent version of the manuals in sections. The Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual was divided into Tier I and Tier II, which are now both incorporated in these rule sections.
Section 62-330.055, Conceptual Approval Permits for Urban Infill or Redevelopment, is amended to reference both AH Volume I and AH Volume II for performance standards. 
Section 62-330.301, Conditions for Issuance of Individual and Conceptual Approval Permits, is amended to incorporate two new forms (Dam System Information and Certification of Financial Capability for Perpetual Operations and Maintenance Entities) and to clarify language for net improvement requirements. 
Section 62-330.310, Operation and Maintenance, is amended to require an operation and maintenance entity to demonstrate its financial, legal, and administrative capability to maintain a stormwater management system in perpetuity. 
Section 62-330.311, Inspections and Reporting, is amended to incorporate a new inspection checklist form; to refer to AH Volume I for required inspection frequencies for stormwater systems; and to require operation and maintenance entities to submit the “Operation and Maintenance Inspection Certification” 30 days after an inspection, as outlined in paragraph (1).
Section 62-330.350, General Conditions for Individual Permits, is also amended to clarify operation and maintenance requirements for stormwater management systems.

Materials incorporated by reference are located on DEP’s website here: https://publicfiles.dep.state.fl.us/dwrm/draftruledocs/stormwater/NOPR/

Other rules Incorporating by reference this Rule: 
40B-1.706, 40B-400.091, 40C-1.603, 40C-41.011, 40C-41.023, 40C-41.043, 40C-41.063, 40C-44.011, 40C-44.041, 40C-44.051, 40C-44.071, 40C-44.101, 40D-1.607, 40D-1.660, 40D-4.091, 
40E-1.602, 40E-1.603, 40E-1.607, 40E-1.615, 40E-41.010, 40E-41.011, 40E-41.043, 40E-41.143, 40E-41.160, 40E-41.260, 40E-41.343, 62-4.001, 62-4.200, 62-17.665, 62-312.440, 62-340.700, 62-348.100, 62-348.500, 62-348.600, 62-348.700, 62-342.750, 62-342.800, 62-624.100, 62-709.300, 62-709.500, 62-711.540, 62-713.300, 62B-49.001, 62B-49.005, 62B-49.011, 62B-49.012

Summary of Effects on Other Rules Incorporating this Rule by Reference: 
The outside chapters that reference this subject chapter do not require any corrections or amendments by the Department. To the extent the Water Management Districts rules require correction or amendment to remain consistent, each District is currently engaged in such rulemaking.

RULEMAKING AUTHORITY:

373.026, 373.043, 373.044, 373.118, 373.403(11), 373.406, 373.413, 373.4131, 373.414(1),(9), (10),(12), 373.4145, 373.416, 373.418, 380.06, 403.061, 403.067, 403.805(1), 403.814(1), (12), F.S.

LAW:

373.016, 373.026, 373.036, 373.042, 373.044, 373.103(8), 373.109, 373.116, 373.117, 373.118, 373.129, 373.136, 373.1391(5), 373.403, 373.406, 373.409, 373.413, 373.4131, 373.4132, 373.414(1),(9), (10), (12), 373.4141, 373.4142, 373.4145, 373.416, 373.419, 373.422, 373.423, 373.426, 373.428, 373.429, 373.441, 380.0552(7), 380.06, 403.031(14)-(17), (21), 403.061, 403.067, 403.0877, 403.0891, 403.121, 403.813(1), 403.814(1), (12), 668.003, 668.004, 668.50, 704.06, F.S.

PRINT PUBLISH DATE:

2/24/2023 Vol. 49/38

COMMENTS:

From 2/24/2023 To 3/17/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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