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Corner of tabWater Resource Management/Environmental Assessment & Restoration

Water Draft Rules

 

Beaches & Coastal Systems Draft Rules

(For additional information please see the Beaches and Coastal Systems page.)

Rule Title Description Drafts Status/Comments
62B-33

Rules and Procedures for Permits for construction seaward of the CCCL. Sections .002 & .0051

A Petition to Determine Invalidity of Existing Rules and to Determine Invalidity of Agency Statements was filed with the Division of Administrative Hearings on 10/17/2007 (Road Less Traveled, et al. v. Fla. Dep’t of Envtl. Prot.; DOAH Case No. 07-4767RX). This Petition was filed pursuant to Sections 120.56(3) and (4), Florida Statutes. The rule development will address rule provisions relating to coastal armoring and vulnerability. Contact Rosaline Beckham @ rosaline.beckham@dep.state.fl.us

CONTROVERSIAL (Rule Challenge)

Publish Notice of Rule Development on 12-14-07. The petition is in abeyance. A workshop was held on September 16, 2008 A SERC will need to be completed. Still in the challenge process.

Last Updated: 08/30/10

62B-33
Rules and Procedures for Permits for construction seaward of the CCCL. Sections .002 & .0051
 
Clarify and update existing rule language to current procedures for exemptions, siting policies, sea turtle lighting criteria, survey requirements, permit time limits and extensions, general permit conditions, definitions, forms, and fee language. This amendment will also revise language for consistency with recent modifications to the Florida Building Code or repeal section for structural design requirements. Contact Rosaline Beckham @ rosaline.beckham@dep.state.fl.us Publish Notice of Rule Development on 1-29-10.

 

Last Updated: 08/30/10

62B-36
Beach Management Funding Assistance Program
Amendments to implement new inlet management priorities and procedures set forth in section 161.143, F.S., and make other minor changes to improve program implementation. Contact Rosaline Beckham @ rosaline.beckham@dep.state.fl.us Published Notice of Rule Development and workshop December 12, 2008. Published Notice for three workshops which were held 10/20, 21/09 and 11/4/09. Written comments on the draft rule were reviewed and a rulemaking package is complete and under review.

 

Last Updated: 08/30/10

62B-41
Rules and Procedures for Application for Coastal Construction Permits
The proposed rule amendments will refine criteria for coastal construction permits for coastal armoring below the mean high water line, inlet construction and maintenance, and beach restoration and nourishment. Contact Rosaline Beckham @ rosaline.beckham@dep.state.fl.us Notice of rule development for 62B-41 was been submitted and published on May 22, 2009, in the FAW. Approval for rulemaking has been given. A notice of rulemaking will be published in the FAW by September3, 2010.
 

Last Updated: 08/30/10

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Environmental Resource Permitting & Submerged Lands Draft Rules

Rule Title

Description

Staff Contacts/ Drafts

Status
 

18-14
Fines, Warnings and Notice of Violation for Damaging State-Owned Submerged Land

(08-0631)
Amend the rules to streamline the compliance and enforcement process for unauthorized activity on state-owned submerged land by substituting issuance of a Warning Letter instead of a Notice of Violation.

Donna Kendall,
Sandra Stockwell,
Ryan Osborne

Notice Rule Development 10/2/09(45 kb)

Draft Rule 02/15/10(59kb)

Purpose and Comparison (36 KB)

Published a NDR 10/2/09; held a public workshop 10/23/09. Revised rule based on comments. Held a public workshop 4/6/10. Tentative schedule to present the proposed rule to the Board of Trustees on 8/10/10.

Last Updated: 08/03/10

18-21.004
Fish Cleaning Stations

(08-2795)

Add criteria for authorizing fish cleaning stations and other minor non-water dependent uses over state-owned submerged land.

Tim Rach,
Alice Heathcock,
Ryan Osborne
Notice Rule Development 5/1 (37 kb)
Draft Rule 11/24 (44 kb)

Published NDR 5/1/09; held workshop 5/15/09. Revising rule based on comments. Withdrawn from the 12/8/09 Board of Trustees Agenda; next step is to schedule for BOT review.

Last Updated: 08/03/10

62-113.100
Delegation of ERP to Miami Dade County

(05-2688)

Incorporate by reference an Operating Agreement between the DEP, the SFWMD and the County that delegates a portion of the ERP permitting, enforcement, and compliance program in uplands and wetlands within the designated boundaries of delegation. Projects that are within CERP project boundaries, including SSL and certain other activities, will not be delegated.

Doug Fry, Ann Lazar,
Stacey Cowley, (Matt Davis,
Susan Martin)

Draft Rule
Draft Agreement (116kb)
Delegation Map (564kb)
Attachment A (521kb)
Workshop Agenda (222kb)
Workshop Presentation (3.1mb)
Notice Development of Rule

Received request for delegation 3/07. Published NDR 8/17/07. Public workshop held 10/9/07 in Miami. Working on questions from SFWMD. Drafting/revising the Agreement. Published second NDR on 9/25/09. Miami-Dade County Commission reviewed agreement 2/2010. On hold for a period, then DEP will publish a Notice of Proposed rule.

Last Updated: 08/03/10

62-113.100
Delegation of ERP to EPC, Hillsborough County

 

(07-1612)

Delegation of DEP’s ERP program for single-family docks to the Environmental Protection Commission of Hillsborough County.

Doug Fry,
Christine Francescani
  Notice of Rule Development 8/6/10
Draft Rule 8/5/10
Delegation Agreement 8/17/10

Agenda 9/21/10

Published NDR 11/16/07. Received Petition for Delegation 1/18/08. Reviewing the County’s proposed draft rule. Expect to publish second NDR 8/27/10 and hold workshop 9/21/10 in Tampa.

Last Updated: 08/23/10

62-330.200(4)
Update ERP rules of SFWMD incorporated by reference

(06-1580)
(formerly 04-28R)

Update the rules that DEP adopted by reference in 1995 under 62-330 by adopting current 40E Rules.

Doug Fry,
Alice Heathcock, Betsy Hewitt
 

Published Notice of Development of Rule 5/28/10. Expect to publish NPR in August 2010.

Last Updated: 08/03/10

 

62-343.900
ERP Joint Application Form and Exemption Notice Form

(08-1613)

Amend the Joint Application form to delete the exemption verification option and NGP. Will adopt a separate form to request verification.

Alice Heathcock,
Doug Fry,
Meredith Fields,
Brynna Ross
Notice of Rule Development
Draft Rule 4/20/10
Draft Joint Application (1)
Draft Forms 2-12

Published Notice of Development of Rule 5/28/10. Expect to publish NPR in August 2010.

Last Updated: 08/03/10

62-346  Phase 2 ERP in Northwest Florida
62-341 (07-1321)
 
373.4145(1)(b), F.S., requires amendments to the existing 62-346 rule, currently limited to stormwater management systems, to include all activities in wetlands and other surface waters, including isolated wetlands. Will not involve amendments to NGPs in 62-341 (07-1320).

Doug Fry, Lee Marchman NWFWMD,
Betsy Hewitt,
Meredith Fields

Draft Rule Information
 

Published NDR 11/2/07. Public workshops 12/3/07 (Tallahassee), 12/4/07 (Pensacola), and 12/5/07 (Panama City); 2/26/08 (Panama City), 2/27/08 (Pensacola), and 2/29/08 (Tallahassee); 9/17/08 (Pensacola), 9/18/08 (Panama City), and 9/19/08 (Tallahassee). Published NPR 5/22/09. Hearing will be announced in future notice.  Publish Notice of Hearing 7/10/09; Adoption Hearing was held 8/13/09. Published a NOC on 7/23/10. Proposed effective date is by 10/1/2010.

Last Updated: 08/03/10

62-347
Stormwater Treatment Rule

(07-0552)
Develop statewide standards regarding stormwater treatment to address nutrient levels.

Eric Livingston,
Michael Bateman,
Betsy Hewitt,
Meredith Fields

Draft Rule Information

Published NDR 5/25/07. Presented preliminary draft Applicant’s Handbook at the first Technical Advisory Committee meeting on 3/5/08. Additional TAC meetings held throughout 2008 and 2009. First series of public workshops were held May 11, 18, 19, 26, 2010.  Next workshops expected to be held in November 2010.

Last Updated: 08/03/10


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Surface Water Draft Rules

Rule Title Description Drafts Status
62-302
Surface Water Standards
Per US Clean Water Act requirements, the state has initiated the Triennial Review of state surface water quality standards. All surface water quality standards are under review. Possible rule revisions include new biological health criteria, revisions to all human health-based numeric criteria, criteria for unionized ammonia in marine waters, revision to criteria for specific conductance, numeric nutrient criteria for springs, revision of criteria for transparency, and criteria for mercury in fish/shellfish tissue. Other rule revisions are possible. Public Workshops were held on July 23, July 30, September 11, November 18, December 9, 2008, and January 7-8, 2009.  Additional public workshops will be held in the future.
 

Last Updated: 7/30/09

62-303
Identification of Impaired Surface Waters
Per US Clean Water Act requirements, the state has initiated the Triennial Review of state surface water quality standards. All surface water quality standards are under review. Possible rule revisions include new biological health criteria, revisions to all human health-based numeric criteria, criteria for unionized ammonia in marine waters, revision to criteria for specific conductance, numeric nutrient criteria for springs, revision of criteria for transparency, and criteria for mercury in fish/shellfish tissue. Other rule revisions are possible. Public Workshops were held on July 23, July 30, September 11, November 18, December 9, 2008, and January 7-8, 2009. Additional public workshops will be held in the future.
 

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Water Facilities Funding Draft Rules

Rule Title Description Drafts Status

62-503
State Revolving Loan Program  for Water Pollution Control

Revises the priority system to ensure funds are available to the highest priority projects.  Also modifies the procedure for calculating the interest rate, raising it slightly for the financially disadvantaged communities and significantly for the wealthy communities.  This change is proposed to reduce the demand for loan funds.

Modifications to the draft rule are on hold until additional language required as a result of the pending reauthorization of the Clean Water Act has been identified.

 

Last Updated: 08/2/10

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Water and Wastewater Draft Rules

Rule Title Description 

Drafts

Status
62-520/522
GW Classes, Standards, and Exemptions/GW Permitting and Monitoring Requirements
Phase I – Combine rules, clean up, address ground water monitor plan procedures.  Phase II - Address minimum criteria and site clean closure. See Ground Water Rule Development Page

 

Last Updated: 08/24/10

62-524
New Potable Water Well Permitting in Delineated Areas
Adopt new and existing areas of ground water contamination.
  • Contact the groundwater regulatory program at (850) 245-8645
Anticipated rule development within the next 12 months.

 

Last Updated: 08/24/10

62-531
Water Well Contractor Licensing Rule
Add an administrative fine for practicing water well contracting without a valid license. Increase the maximum administrative fine for licensed water well contractor found in violation of the water well rules. Change the license renewal time period. Rule Development workshop was held December 3, 2009. See Rule Development page for more details.

 

Last Updated: 08/24/10

62-532
Water Well Permitting and Construction Requirements
Add definitions and terms; update references; require proper maintenance of a water well worksite during construction; combine the rule for permitting well construction and repair and the rule for permitting well abandonment; change requirements for construction of specific types of driven wells and for water well grouting; adopt permit and well completion report forms; and update water well setback distances. See Water Well Permitting and Construction Requirements Rule Development Page

 

Last Updated: 08/24/10

62-550 / 555
Drinking Water Standards, Monitoring, and Reporting / Permitting, Construction, Operation, and Maintenance of PWSs
Revise cross-connection control rules for PWSs, including backflow protection requirements at residential premises with an auxiliary water system. Rulemaking initiated December 4, 2008. Notice of Rule Development published in FAW on 1/30/09. First Rule Development Workshop held on 2/18/09. Rule revision draft completed and public workshops held on July 8, 9, & 21, 2009. Final rule draft being prepared. Anticipate rule adoption in fall 2010.

 

Last Updated: 08/25/10

62-550
PWS Standards and Monitoring

62-555
PWS Permitting (Forms)

Adopt rule to address federal Lead & Copper minor rule revisions
  • Contact Ken Carter at (850) 245-8626
Rulemaking initiated Feb 16, 2009 for Chapter 62-550. Notice of Proposed Rule published September 18, 2009, and NPR amendments published May 14, 2010. Anticipate adoption in September 2010.

 

Last Updated: 08/25/10

62-550
PWS Standards and Monitoring

62-555
PWS Permitting

62-560
Requirements for PWS Systems Out of Compliance

Adopt rule to address federal Surface Water Treatment Rule – Long Term 2 
  • Contact Greg Parker at (850) 245-8635
Rulemaking initiated June 15, 2007. Draft rule completed in March 2010. Notice of Proposed Rule anticipated in September 2010.

 

Last Updated: 08/25/10

62-550
PWS Standards and Monitoring

62-560
Requirements for PWS Systems Out of Compliance

Adopt rule to address federal Disinfection By-Products - Stage 2 Rule Rulemaking was initiated on October 1, 2009. The Department published the Notice of Rule Development on Nov. 6, 2009. Public workshop held November 30. The Department published the Notice of Proposed Rule on March 12 and published corrections on April 2. Anticipate adoption in October, 2010. A third NPR is anticipated in August.

 

Last Updated: 07/26/10

62-620
Wastewater Facility and Activities Permitting
Changes related to Animal Feeding Operations (non-NPDES). Public workshops on the current draft rule were held January 7 and 8, 2009. The Department is currently revising the draft rule based on comments. Additional workshops may be scheduled as needed.

 

Last Updated: 08/23/10

62-621.500(3)

Generic Permit for Medium Dairies

62-621.500(3)(a)
DEP Document

Generic Permit for Medium Dairies Document
(Permit Document)

Develop generic permit for animal feeding operations that authorizes ground water discharges. Public workshops on the current draft rule were held January 7 and 8, 2009. The Department is currently revising the draft rule based on comments. Additional workshops may be scheduled as needed.

 

Last Updated: 08/23/10

62-640 
Domestic Wastewater Residuals
Adopt revisions to address public concerns associated with land application of residuals. See Residuals/Biosolids Rulemaking Page.

 

Last Updated: 08/24/10

62-670
Wastewater Permitting Requirements for Animal Feeding Operations
Changes related to Animal Feeding Operations (non-NPDES). Public workshops on the curret draft rule were held January 7 and 8, 2009.  The Department is currently revising the draft rule based on comments.  Additional workshops may be scheduled as needed.

 

Last Updated: 08/23/10

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Last updated: August 31, 2010

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