PURPOSE: The District is proposing to repeal Rules 40E-41.033, 40E-41.133, 40E-41.233, and 40E-41.333, F.A.C., because the implementation date is set forth in the history note of the rule; therefore, the rules are not necessary. Rule 40E-41.091 is also unnecessary because it merely refers to the publications, rules and interagency agreements incorporated by reference in Rule 40E-4.091, F.A.C.
STATUS: The Governing Board will consider staff's recommendation to repeal these rules on September 10, 2015, during its Governing Board meeting beginning at 9:00 a.m., South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 334065.
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: The amendments to 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, and 40E-8.431, and the Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District will become effective September 7, 2015.
PURPOSE: The District is proposing to amend the C-51 Basin rules contained in 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), and 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 have been in effect since May 15, 1987 and 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 the 10-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: On August 13, 2015, the Governing Board authorized publication of a Notice of Proposed Rule in the Florida Administrative Register to amend Rules 40E-41.221, 40E-41.233, and 40E-41.263, F.A.C., and incorporate updated Figures 41-5 through 41-8, to reflect revised basin boundaries, 10-year, 3-day design discharge rates, and 100-year, 3-day design stages; consolidate Figure 41-9 with Figure 41-8; change the allowable discharge in Rule 40E-41.263(1)(b), F.A.C. from 27 "cfs" to 27 "CSM" to be consistent with Appendix A of the "Environmental Resource Permit Applicant's Handbook Volume II: For Use Within the Geographic Limits of the South Florida Water Management District"; and eliminate the requirement for non-commercial/industrial projects located within the western C-51 basin to provide one-half inch of dry retention/detention pretreatment.
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.
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.