PURPOSE: The Florida Department of Environmental Protection (DEP) is leading a statewide effort (referred to as CUPcon) to improve consistency in the consumptive use permitting programs implemented by the water management districts (WMDs). The individual water management district consumptive use permitting rules, while all developed under the authority of Ch. 373, F.S., are inconsistent among the WMDs. Some differences are based on differing physical and natural characteristics; others result from development of separate rules and procedures over time.
The goals of CUPcon include: (1) making the consumptive use permitting program less confusing for applicants, particularly those who work in more than one WMD; (2) treating applicants equitably statewide; (3) providing consistent protection of the environment; (4) streamlining the process; and (5) providing incentives for behavior that protects water resources, including conservation.
DEP intends for the WMDs to amend their rules in three parts – Tier I covering easier to address CUPcon issues, Tier II covering more complex issues that require stakeholder participation, and Tier III covering the most complex issues that require stakeholder participation. Rule development associated with all CUPcon issues is expected to proceed expeditiously.
STATUS: Workshops have not yet been scheduled and no preliminary rule text has been prepared at this time. The District anticipates that workshops will be scheduled in August.
PURPOSE: Authorize publication of Notice of Rule Development to amend Chapters 40E-0, 40E-1, 40E-2, 40E-4, 40E-5, 40E-8, 40E-20, F.A.C., and the Basis of Review for Water Use Permit Applications within the South Florida Water Management District (BOR), and request review from the Office of Fiscal Accountability and Regulatory Reform (OFARR), to identify and correct deficiencies in its rules; clarify and simplify its rules; delete obsolete or unnecessary rules; delete rules that are redundant of statutes; and seek to improve efficiency, reduce paperwork, or decrease costs to government and the private sector. Such amendments will include, but not be limited to, updating rules to be consistent with statutes; updating references to repealed rules; including incorporation language in accordance with amendment to Rule 1B-30.005, F.A.C.; correcting clerical errors; deleting obsolete forms; updating delegation pursuant to amendments to ss. 373.079(4) and 373.083(5), F.S.; including ePermitting option; removing references to basin expiration dates that have passed; and moving and renumbering Figures within the BOR.
STATUS: The District will request Governing Board authorization to publish the Notice of Proposed Rule at the June 2012 Governing Board meeting.
PURPOSE: In furtherance of Executive Order 11-211 to reduce the regulatory burden on the citizens of Florida, the District proposes to amend Chapters 40E-1, 40E-4 and 40E-400, F.A.C., and the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, to delete definitions and exemptions duplicative of statutes, reduce number of copies applicants are required to submit to one, increase the duration of conceptual permits, and include incorporation language pursuant to 120.54(1)(i), F.S.
STATUS: A Notice of Change will be published on March 30, 2012, to correct Form 0971 to delete the term "general" from "standard" permits on pages 3, 9, 11 and 34, and to change references to the term "standard" to "general" throughout Form 0980, Notice of Intent to Use a Noticed General Environmental Resource Permit. Provided no comments are received on the Notices of Change, the District intends to file the amendments to Rules 40E-1.659, 40E-4.021, 40E-4.051, 40E-4.091, 40E-4.101, 40E-4.321, 40E-400.021, 40E-400.211, F.A.C., in late April for a mid-May effective date.
PURPOSE: The purpose of this basin rule revision is to reflect the implementation of Stormwater Treatment Area 1 East (STA 1E) in the western portion of the C-51 Basin. Implementation of STA 1E has modified the water flows and operation of the structures within the C-51 Canal, resulting in revisions to the estimated sub-basin peak storm event elevations and flows.
An updated model of the basin was completed in 2004 and rule development began to reflect the revised peak elevations and flows. This model included revised sub-basin boundaries and more accurate topographic information (Lidar data) as well as STA 1E operations. Full implementation of STA 1E was delayed, so the rule making process was also delayed. However, an interim guidance document was prepared and implemented based on a model run of the existing conditions that indicated peak elevations lower than the old rule but slightly higher than the proposed rule. This interim guidance is being used by permit applicants and District staff (see DOCUMENTS below).
Since the delay in rule making, the Lidar data used in the 2004 model has been reviewed and rectified, resulting in slightly different land elevations throughout the basin. Prior to finalizing rule making a revised model must be conducted to reflect the revised topographic information and to upgrade to a more recent model version. Unfortunately, budget resources have not been available to conduct the model revisions. Until the model revisions can be conducted the rule making process will be on hold and the interim guidance document will be used for permit applications within the C-51 Basin.
PURPOSE: To amend and update Chapter 40E-61 Florida Administrative Code, Lake Okeechobee Works of the District to incorporate changes to make it consistent with the Lake Okeechobee Protection Act, which has recently been renamed the Northern Everglades Estuary Protection Program (NEEPP), and to ensure the Lake Okeechobee phosphorus source control program goals identified in the NEEPP are met.
STATUS: The Notice of Rule Development was mailed March 16, 2007, and noticed in Florida Administrative Weekly March 23, 2007. Four workshops were held in the spring of 2007. The NEEPP was enacted in the summer of 2007 and the proposed rule update was revised to assure that it was consistent with the technical plan for Lake Okeechobee which was sent to the legislature in February 2008. The most recent workshop was held in September of 2008. Since that time staff has focused on addressing the stakeholder issues, developing alternatives for the performance measures and monitoring as required by the statute. If you have further questions, please contact Steffany Gornak, Senior Supervising Environmental Analyst at (800) 250-4200, ext. 3010.
PURPOSE: Authorize Publication of a Notice of Proposed Rule to Amend Rules 40E-2.091, 40E-20.091, and 40E-20.301(h), F.A.C., and the Basis of Review for Water Use Permit Applications within the South Florida Water Management District; and Repeal Chapter 40E-23, F.A.C., and request review by the Office of Fiscal Accountability and Regulatory Reform.
SUBJECT AREA: Reclaimed Water and Reuse Requirements
STATUS: Scheduled to be presented at the May 10, 2012 Governing Board Meeting.
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 5/10/2007, 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.
PURPOSE AND EFFECT: To amend Rules 40E-3.021, 40E-3.036, 40E-3.038, 40E-3.101, 40E-3.411, 40E-3.507, 40E-3.512, 40E-3.517, and 40E-3.521, F.A.C., and to create new rules, Rule 40E-3.600, F.A.C., Scope of Part VI, and Rule 40E-3.601, F.A.C., General Permit for Water Wells within a Portion of Southern Miami-Dade County, in order to incorporate construction standards and forms adopted by the Florida Department of Environmental Protection (FDEP). New Rule 40E-3.600 will set forth the scope of Part VI in regard to the granting of general permits for certain specified well construction, repair or abandonment activities which have been determined by the District to exist in unique geographic areas, and new Rule 40E-3.601 will set forth requirements for general permits for agricultural wells in a specified portion of southern Miami-Dade County that are 25 feet or less in depth. Rule 40E-3.601 will also provide a legal description of the specified portion of southern Miami-Dade County and an updated map depicting the specified area (Figure 3-1).
To repeal Chapter 40E-30, F.A.C., because, in the District's rule review, it was determined that the rules within this chapter are duplicative and will be unnecessary once the no-notice permit is put into Chapter 40E-3, F.A.C. New rules are being proposed in Chapter 40E-3, F.A.C., setting forth the scope of Part VI in regard to the granting of general permits which have been determined by the District to exist in unique geographic areas, and creating a general water well permit by rule for agricultural wells in a specified portion of southern Miami-Dade County that are 25 feet or less in depth.
SUBJECT AREA TO BE ADDRESSED: Construction Standards and Forms developed in accordance with Section 373.337, F.S., and the 2004 Interagency Agreement between FDEP, South Florida Water Management District and the State of Florida Department of Health.
General Permit for Wells, Implementation, General Permit for Construction, Repair or Abandonment of Wells, Notice of Intent, Request for Additional Information and Thresholds for South Dade County.
WORKSHOP: November 1, 2011 at 1:00 p.m. South Florida Water Management District, Auditorium 3301 Gun Club Road West Palm Beach, FL 33406 Agenda for Workshop [PDF]
If you wish to participate in this workshop but cannot attend it in West Palm Beach, you can interact and provide comments during telephone conferences at these service centers:
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 twaterho@sfwmd.gov (561) 682-6867
All meetings are at SFWMD Headquarters B-1 Building, 2nd floor East, Richard Rogers Room 9:00 a.m. - 11:00 a.m.
Contact: Laurie Donovan (561) 682-6854
Monthly Regulatory Meetings
Changes in the Permit Review Process
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.
Public Meetings All meetings are 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.
Meetings will also be webcast. You may also send comments to the District about applications for Consumptive Use Permits and Environmental Resource Permits through ePermitting.
Written comments can be mailed to: South Florida Water Management District Regulation - MSC 9610 3301 Gun Club Road West Palm Beach, FL 33406
Careers
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