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 the procedure for Environmental Resource Permit Water Quality Evaluations for Discharges to Outstanding Florida Waters and Water Bodies that Do Not Meet State Water Quality Standards. The procedure was previously set forth in a guidance memorandum in 2004 and amended in 2009, and it is proposed to be incorporated in the District's rules. The intent is not to create new standards.
STATUS: The Governing Board authorized publication of Notice of Rule Development on Oct. 10, 2013. Three rule development workshops were held in Fort Myers, Kissimmee and West Palm Beach in November 2013. This item was also presented to the Water Resources Advisory Committee on March 6, 2014, and is scheduled before the Governing Board as follows:
April 10, 2014, Thursday, at 9 a.m. SFWMD Headquarters B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406
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.
Dec. 12, 2013, beginning at 9:00 a.m. SFWMD Headquarters B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406
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.
Feb. 13, 2014 Lee County Commission Chambers 2nd Floor, Old Lee County Courthouse 2120 Main Street Ft. Myers, FL 33901
Notice of Proposed Rule – Public Hearing Continued to Feb. 13, 2014
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.
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.