PURPOSE: The District is proposing to amend its water use permitting rules and criteria following the recent adoption of broad rule amendments for the Statewide Consumptive Use Permitting Consistency effort. The proposed amendments will accomplish the following:
Provide clarity from Consumptive Use Permitting Consistency amendments;
Clarify application fees for individual mining/dewatering applications (no increase in fees);
Add DEP water well forms and effective dates of water use forms to the list of forms incorporated by reference;
Make rules consistent with the Applicant's Handbook for Water Use Permit Applications;
Incorporate subsection 62-40.416(9), F.A.C;
Make permitting criteria for public water supply conservation plan consistent with associated permit conditions;
Provide additional clarity from dewatering uses and associated permit conditions;
Incorporate specific sections of the Environmental Resource Permit Applicant's Handbook Volume I;
Update and correct statutory and rule references;
Update references to water use forms;
Make other minor corrections
STATUS: District staff will seek authorization from the Governing Board to publish a Notice of Proposed Rule in the Florida Administrative Register, request review from the Office of Fiscal Accountability and Regulatory Reform, and adopt amendments provided no request for public hearing is received and no changes are made to proposed Rules 40E-1.607, 40E-1.659, 40E-2.061, 40E-2.071, 40E-2.091, 40E-5.041, 40E-5.101, 40E-8.021, 40E-8.421, 40E-8.431, F.A.C., and the Applicant's Handbook for Water Use Permit Applications, to update and correct criteria following the adoption of broad rule amendments for the Statewide Consumptive Use Permitting Consistency effort, clarify fees for individual mining/dewatering (no fee increase), update the list of forms incorporated by reference in the District's rules, incorporate specific sections of the Environmental Resource Permit Applicant's Handbook Volume I, incorporate subsection 62-40.416(9), F.A.C., make permitting criteria for public water supply conservation plan consistent with associated permit conditions, provide clarity for dewatering uses and associated permit conditions, update statutory and rule references, and make other minor corrections.
This item is scheduled before the Governing Board:
May 14, 2015, beginning at 9 a.m. SFWMD Headquarters B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406
PURPOSE: The District is proposing to update its C-51 Basin rules contained within Chapter 40E-41, F.A.C., to reflect changes in basin conditions since the rule was originally implemented in 1987. These changes include an update to the extent of the basin boundaries and the topographic information within the basin, the installation and operation of water control facilities associated with the C-51 West project (STA-1E, the S-319 pump station, the S-155A "Divide" Structure, and the S-155 structure), as well as the resulting changes in the allowable 10-year, three-day peak discharge rates and the minimum 100-year, three-day finished floor elevations.
ADDITIONAL BACKGROUND: The District's C-51 Basin rules establish supplemental Environmental Resource Permit (ERP) criteria to ensure that development within the basin incorporates the appropriate environmental, water quantity and water quality control measures necessary to protect the integrity of the public investments in the basin and minimize adverse impacts to the water resources of the District. The rules provide the legal description of the boundary of the C-51 Basin, as well as graphical descriptions of the limits of the basin. It also establishes the accepted methods for determining the10-year, three-day allowable peak discharge rate and the 100-year, three-day elevation, which is used to establish the minimum finished floor elevation and the required compensatory soil and surface storage volume to ensure that there is no net encroachment within the floodplain. Lastly, the rules establish a requirement that projects located within the western portion of the basin provide one half inch of dry retention/detention pretreatment as part of the required retention/detention, regardless of their specific land use.
Significant modifications to the District's water management infrastructure in the basin, in particular the construction and operation of STA-1E and the S-319 pump station that discharges water from the C-51 Canal to it, the installation and management of the S-155A "Divide" Structure, which provides a hydraulic separation of the C-51 Canal from west to east, and operational changes to the S-155 Structure, which allow discharge east from the C-51 Canal to tide, have led to changes in flood elevations and the rate at which the C-51 Canal can accept runoff from properties within the basin, requiring the criteria presented in the current rule to be re-evaluated. Updated topographic information has also contributed to the re-evaluation of basin conditions, as more accurate data has become available since original implementation of the rules.
Appendix E of "Environmental Resource Permit Applicant's Handbook Volume II: For Use within the South Florida Water Management District" became effective August 10, 2014, and makes redundant the requirement that non-industrial/commercial projects located within the western portion of the basin provide one half inch of dry retention/detention pretreatment as part of the required retention/detention due to its provision that additional water quality treatment be provided by projects proposing to discharge to an impaired waterbody. The C-51 West basin is identified by the Florida Department of Environmental Protection (FDEP) as an impaired basin (Waterbody Identification [WBID] 3245G), therefore the provisions of Appendix E apply. Industrial/commercial projects in all portions of the C-51 Basin will remain subject to the requirement to provide one half inch of dry retention/detention pretreatment as part of the required retention/detention volume per Paragraph 4.2.2(a), "Environmental Resource Permit Applicant's Handbook Volume II: For Use within the South Florida Water Management District".
STATUS: A rule development workshop is scheduled as follows:
May 21, 2015, beginning at 9:30 a.m. SFWMD Headquarters B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406
PURPOSE: The District is proposing minor amendments to its environmental resource permitting rules to rename and upload maps, correct the dates of forms listed, delete a reference to Noticed General Permit, clarify incorporation language, and adopt amended rules of DEP in Chapter 62-330, F.A.C.
STATUS: District staff will seek authorization to publish a Notice of Rule Development at the November Governing Board meeting on November 13, 2014, beginning at 9:00 a.m., at the South Florida Water Management District Headquarters in West Palm Beach.
PURPOSE: The District is proposing to update its water well regulation rules to reflect statutory amendments to Sections 373.323 and 373.338, F.S., and to incorporate amendments to DEP's rules, materials and forms regarding water well regulation. The District is also proposing to adopt a new rule that will allow up to eight (8) wells under a single permit, resulting in cost savings to applicants. Additional minor amendments include hyperlinks to delegation agreements, incorporating an amended agreement that was not previously incorporated, updating rule references, correcting grammatical errors, and punctuation.
STATUS: The Joint Administrative Procedures Committee submitted comments regarding Rules 40E-3.042 and 40E-3.451, F.A.C. Rules 40E-3.011, Rules 40E-3.021, Rules 40E-3.035, Rules 40E-3.036, Rules 40E-3.038, Rules 40E-3.040, Rules 40E-3.041, Rules 40E-3.051, Rules 40E-3.101, Rules 40E-3.321, Rules 40E-3.411, Rules 40E-3.461, Rules 40E-3.500, Rules 40E-3.502, Rules 40E-3.507, Rules 40E-3.517, Rules 40E-3.600, F.A.C., remain unchanged. As a result, District staff is requesting the Governing Board adopt the proposed rules with changes at the following Governing Board meeting:
April 9, 2015, beginning at 9 a.m. SFWMD Headquarters 3301 Gun Club Road West Palm Beach, FL 33406
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 firstname.lastname@example.org (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.
NOTE: These meetings were canceled:
November 21, 2012
July 18, 2012
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.