PURPOSE: The District proposes to amend Rule 40E-4.091, F.A.C., and the Environmental Resource Permit Applicant's Handbook Volume II: For Use Within the Geographic Limits of the South Florida Water Management District, to incorporate an updated impaired waters guidance memorandum into district rules.
STATUS: The Governing Board authorized publication of Notice of Rule Development on October 10, 2013. Three rule development workshops are scheduled as follows:
PURPOSE: The District proposes to amend Rules 40E-1.021, F.A.C., to define the term "posting" and Rule 40E-1.6058, F.A.C., to promote regulatory streamlining, cost savings and increase transparency by defining the term "posting" and providing for website posting of the receipt of certain applications, as opposed to newspaper publication.
STATUS: The District is proposing to adopt amendments to Rule 40E-1.021, F.A.C., to define "electronic posting" as placing notice through a link on the home page of the District's website; and to amend Rule 40E-1.6058, F.A.C., to provide electronic posting of "notice of receipt of permit application" for certain types of permit applications as a means of providing notice instead of publication in the newspaper. Permit applications specified in Section 373.116, F.S., will continue to be published in the newspaper.
A PUBLIC HEARING WILL BE HELD ON:
Dec. 12, 2013, beginning at 9:00 a.m. SFWMD Headquarters B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406
The South Florida Water Management District is the steward for more than 1 million acres of public land to support flood control infrastructure, protect water supply resources and restore impaired ecosystems. Over the years, the District has taken great strides to offer and enhance public recreational opportunities on land purchased with public dollars managed for restoration and water resource protection.
At its March 2013 meeting, the SFWMD Governing Board authorized Public Recreation Use Rule Development (40E-7) for District-owned lands. District staff have reviewed the Public Use Rule and identified rules in need of clarification, modification, or updating. Staff conducted a public workshop on May 13, 2013 to receive public input on the rule and to discuss rule changes proposed by staff. Public comments were also solicited and received through direct e-mail notification, the District's website, and by phone. The draft rule along with received public comment was presented at the June 17, 2013 Water Resources Advisory Commission – Recreation Issues Workshop (WRAC-RIW) where additional public comment was provided. Consensus was received from WRAC-RIW participants for staff to move forward with the proposed rule changes with agreed upon modifications. The Draft Rule is tentatively scheduled to be considered for adoption during the Governing Board's Nov. 14, 2013 meeting at District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406.
DOCUMENTS: Please see the Draft Public Recreation Use Rule which was authorized by the District's Governing Board on Sept. 12, 2013 for notice of publication in the Florida Administrative Register and highlighted changes as a result of the comments received from the Joint Administrative Procedures Committee.
PURPOSE: The South Florida Water Management District (SFWMD) published a Notice of Proposed Rule on Dec. 10, 2013, as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP) and water supply-related programs of the WMDs. Procedural issues are also addressed. SFWMD proposes to amend Chapters 40E-1 and 40E-2, F.A.C., and to make non-substantive changes to Chapters 40E-3, 40E-5, 40E-8, 40E-10, and 40E-24, F.A.C., to be consistent with this rulemaking effort. The District is proposing to transfer relevant portions of Chapter 40E-20, F.A.C., which govern general water use permits, into Chapter 40E-2, F.A.C., and repeal Chapter 40E-20, F.A.C. In addition, the current "Basis of Review for Water Use Permit Applications within the South Florida Water Management District" is proposed to be reorganized and renamed "Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District".
These changes will address the goals of the DEP and the WMDs for this rulemaking, including: 1) making the consumptive use permitting program less confusing for applicants, particularly those who work in more than one District; 2) treating applicants equitably statewide; 3) providing consistent protection of the environment; 4) streamlining the permitting process; and 5) incentivizing behavior that protects water resources, including conservation.
Additional information about the statewide CUP consistency initiative and this rule development effort is available at DEP's CUPCon website.
Jan. 9, 2014, beginning at 9:00 a.m. SFWMD Headquarters B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406
PURPOSE: As a result of the Total Maximum Daily Load (TMDL) program and the State's efforts in verifying impaired water bodies, the Department of Environmental Protection (DEP) in coordination with the other water management districts, proposes to develop a new Chapter 62-347, F.A.C., to develop updated stormwater quality treatment design and performance standards for new developments applying for Environmental Resource Permits. These design and performance standards (for example, efficiencies in treatment to reduce pollutant loads discharging to surface waters) will update the existing criteria and reflect new research on design and performance standards, and particularly today's understanding of the impact of nutrient discharges from surface water management systems on water quality. The goal is to provide stormwater quality treatment design and performance standards that can be applied state-wide. The District proposes to amend its rules and criteria to incorporate the new Chapter 62-347, F.A.C.
STATUS: The Governing Board authorized publication of a Notice of Rule Development on May 10, 2007, and a Notice of Rule Development was published in the FAW on June 1, 2007. If you wish to receive notices of public meeting and copies of rule drafts on this specific rulemaking topic regarding "Stormwater Permitting," please log on to DEP's Statewide Rule website (see link below) and click on the interested parties mailing list sign-up link. DEP's Statewide Rule link below includes all the available information on this rule development initiative.
Development of the rule is currently on hold. Factors affecting future development of the rule include future review pursuant to Executive Order Nos. 11-01 and 11-72 by the Office of Fiscal Accountability and Regulatory Reform and future State legislation. In the interim, additional nutrient removal effectiveness data will be pursued primarily for underdrain filtration and dry detention systems at commercial sites.
The South Florida Water Management District is committed to working with the Governor's Office of Fiscal Accountability and Regulatory Reform and with the Florida Legislature to enhance the rulemaking process and to keeping our communities informed. Please check this website for updates.
Permitting Legislation (SB 2080) and Public Comment
Just the Facts: Improving Public Involvement in Permitting at the SFWMD (July 2009) [PDF]
Guest Editorial from Michael W. Sole, Secretary, Department of Environmental Protection [PDF]
Ripple Effect eNewsletter, July 2009 SFWMD Increases Transparency and Enhances Public Process for Regulatory Permitting Programs [PDF]
Rulemaking Legislation (HB1565) effective November 17, 2010, sets threshold for when agencies must prepare a Statement of Estimated Regulatory Cost and when a proposed rule must be ratified by the Legislature.
The Regulatory Peer Review Forum was implemented in March of 1996 and focuses on regulatory issues. Members of the Peer Review Group include representatives from local and state governments, as well as representatives of firms who regularly submit permit applications for projects. These representatives provide input on questions, concerns, and proposed improvements to those parts of the regulatory process which relate to environmental resource permitting.
An invitation is extended to anyone who wishes to share perspectives on all aspects of the permitting process in order that the Regulation Division can better serve the public.
If you have any questions, please contact Tony Waterhouse email@example.com (561) 682-6867
A 2009 amendment to Chapter 373 of the Florida Statutes delegates to executive directors at the state's five water management districts the authority to approve permit applications related to water resources and the environment. To ensure continuing public involvement, the South Florida Water Management District is strengthening its commitment to transparency and open government by increasing public access to its permitting process via Monthly Regulatory Meetings held for the public.
All meetings start at 10 a.m. at SFWMD Headquarters in the Storch Room
If you wish to participate in Public Meetings to discuss Regulatory Matters but cannot attend them in West Palm Beach, you can interact and provide comments during video-conferences at these service centers.