Florida DEP Water Resource Management Draft Rules
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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-26

Metes and Bounds Descriptions of Coastal Construction Control Lines
62B-26.014 Franklin

The Governor’s Coastal High Hazard Committee has recommended that by May 1, 2006, the DEP should prioritize restudy of the CCCLs along identified portions of the Florida Panhandle and reestablish the line(s) as necessary through rulemaking. Contact Rosaline Beckham @ rosaline.beckham@dep.state.fl.us Publish Notice of Rule Development for Franklin County in July 27, 2007. Held workshop August 21, 2007. On Hold waiting for SERC.
62B-26

Metes and Bounds Descriptions of Coastal Construction Control Lines
62B-26.016 Gulf

The Governor’s Coastal High Hazard Committee has recommended that by May 1, 2006, the DEP should prioritize restudy of the CCCLs along identified portions of the Florida Panhandle and reestablish the line(s) as necessary through rulemaking. This prioritization has been done. Contact Rosaline Beckham @ rosaline.beckham@dep.state.fl.us

CONTROVERSIAL

Publish Notice of Rule Development for Gulf County in February 9, 2007. Held workshop March 8, 2007. On Hold waiting for SERC.

NEW 62B-56

Rules and Procedures for Using Sand-filled Geotextile Dune Cores (Permits for Construction and Maintenance
Sections .002 & .0051
Draft Rule

To update the rules to reflect recent legislative changes in the statutes.
 

Authorization to permit geotextile containers under certain conditions, and expand definition of public access.

Response to JAPC and comments received at the hearing are being drafted.

New Chapter Draft 62B-56

CONTROVERSIAL (Rule Challenge)

Publish Notice of Rule Development,
October 12, 2007 (For 62B-56).
Published Notice of Workshop September 28, 2007. Held workshop on October 17, 2007. Notice of Rulemaking published April 25, 2008. Hearing to be held May 28. A petition was received on May 16, 2008 challenging this rule. A SERC will need to be completed.

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.

Last Updated: 11/5/08

62B-34

Rules and Procedures for General Permits for activities seaward of the Coastal Construction Control Line

Revise the rule adding additional counties. Contact Rosaline Beckham @ rosaline.beckham@dep.state.fl.us Published Notice in FAW 11-30-07. No workshop requested. Draft language completed. On hold waiting for SERC.
62B-34

Rules and Procedures for General Permits for activities seaward of the Coastal Construction Control Line

Revisions to the general definitions, prohibitions and limitations, turtle protections requirements, and native vegetations protection requirements. Contact Rosaline Beckham @ rosaline.beckham@dep.state.fl.us Published Notice of Rule Development and workshop March 7, 2008. On Hold waiting for SERC.

Last Updated: 11/5/08

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Environmental Resource Permitting & Submerged Lands Draft Rules

Rule Title

Description

Staff Contacts/ Drafts

Status
 

18-14
Administrative Fines for Damaging State Lands or Products Thereof

(08-0631)
Revise the definition of offense and substitute issuance of a Notice of Violation for a warning letter.

Donna Kendall, Bud Vielhauer

Developing draft rule.
18-21.003, .008, .011
Sovereignty Submerged Lands

(07-1898)
 
Simplify the method of assessing fees for use of sovereign submerged land, extend the standard lease term, and clarify associated definitions.

Division of State Lands, Scott Woolam, Kelly Samek

Held public meetings 8/31/07 in Tallahassee, 10/10 WPB, 10/11 Ft. Myers. Published NDR 10/26/07. Held workshops 11/13/07; 1/9/08, 1/10, 1/22, and 7/22/08. Revised rule based on comments.  Next workshop 12/12/08.
18-21
Sovereignty Submerged Lands
(08-2795)
Amendments to address fish cleaning stations on docks and minor clarifications

Kelly Samek

Developing draft rule.
62-4
Permits
(08-1684)

 

Permit Fees:  SB 1294 requires setting certain minimum fees and reevaluating other permitting fees in the ERP and Drinking Water Programs.

Jim Stoutamire, Doug Fry, Betsy Hewitt, Meredith Fields

Draft Rule

Published NDR 6/27/08. Workshop 12/15/08 in Tallahassee.
62-113
Delegation

(08-1687)
Permit Fees:  Delegation to SJR, SR, SF, and SWF WMDs and Broward County to adjust application and permit fees same as DEP’s changes to permit and application fees required by SF 1294.

Doug Fry, Betsy Hewitt, Meredith Fields

Published NDR 6/27/08. Will publish NPR 9/19/08.
62-113.100
Delegations to Miami-Dade County

(05-2688)
 
Incorporate by reference an Operating Agreement between the DEP, the SFWMD and Miami-Dade 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)

Received request for delegation 3/07. Published NDR 8/17/07. Public workshop held 10/9/07 in Miami. Working on questions from SFWMD.
62-113
Delegation to Hillsborough County

(07-1612)
Delegation of DEP’s ERP program to the Environmental Protection Commission of Hillsborough County. Doug Fry,
Katherine Gilbert, Meredith Fields
 
Petition for Delegation received 1/18/08. Requesting additional information from the County. Reviewing the County’s proposed draft rule.
62-341.417
-- Public Boat Ramps


(OGC No. 05-1659 and Docket No. 05-30R)
 

 

HB 989 (2005) requires DEP to adopt GPs for local government boat ramps, marinas, and mooring fields. Now that 62-341 applies statewide, revisions to 62-312.827 (05-1660 and 05-31R) for a dredge and fill General Permit are no longer needed.
 
Ann Lazar, Doug Fry, Stacey Cowley

Draft Rule  (35 kb)
Notice of Rule Development Workshops (31 kb)
Interested Parties Notice (40 kb)
Workshop Agenda (30 kb)
Workshop Presentation (947 kb)

Published NDR 8/5/2005; workshops held 2/21 in Panama City, 2/27 Temple Terrace, 2/28 West Palm Beach; 9/29 Ft. Myers, 10/5 Jacksonville, and 10/31/06 Cocoa. Additional rule workshops for 62-341 held 5/21/07 in West Palm Beach, 5/22/07 in Tampa, 5/23 in Tallahassee. Requested workshop held 8/25/08 in Tallahassee.
62-341.494 -- Noticed General Environmental Resource Permits (NGP)
for WCIND covering Lee County
(05-01R and 07-0200)

 

Adopt a new NGP for the West Coast Inland Navigation District to cover activities in Lee County. Lucy Blair, Doug Fry, Betsy Hewitt, Amanda Bush, Kelly Samek

Trafficshed maps

DEP (CAMA and SD Office) jointly are developing rule language with the WCIND. Held pending issue of establishment of No Combustion Engine Zone Areas as mitigation. Published NDR 4/20/07; workshop 5/7/07 in Ft. Myers. Lee Co. Resolution was adopted in 2008.

62-343
Environmental Resource Permit Procedures

(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,
Brynna Ross
 

Expect to publish a NDR in October 2008.
62-346  ERP in Northwest Florida
62-341 (07-1320)
62-346 (07-1321)
 
(Phase 2): 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

Notices
Workshop Agenda
Workshop Presentation

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). Currently on hold.
62-346  ERP in Northwest Florida
(08-1673)
Permit Fees: SB 1294 requires setting certain minimum fees and reevaluating other permitting fees in the ERP Programs.

Jim Stoutamire, Doug Fry, Betsy Hewitt, Meredith Fields

Published NDR 6/27/2008. Public Workshop will be held 12-15-08, Tallahassee.
62-347
Statewide Stormwater


(07-0552)
Develop 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. TAC meetings held 4/16, 5/28, 7/9, 10/1&2, and 11/2&3. Future TAC or Workshops to be announced.


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Mining and Minerals Regulation Draft Rules

Rule Title Description Drafts Status
62-348
Peat Mining

(OGC Tracking # 07-1077)
Wetland Permitting and Mitigation for the Mining of Peat for the Horticultural Industry

Adopt Environmental Resource Permit procedures for peat mining as required by HB197 amending Ch. 373, F.S. New chapter, to be titled “Wetland Permitting and Mitigation for the Mining of Peat for the Horticultural Industry”, provides alternative wetland mitigation for areas from which high quality peat is mined for use in Florida horticulture.

8-6-08 Draft Rule

Published NDR 8/10/07. Distributed for review in April 2008. Receiving comments from affected parties. Anticipate a rule development workshop before December 2008.

Last Updated: 10/18/08

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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. 7-1-08 Draft
 & Table
Public Workshops scheduled for July 23, 2008 (Tallahassee) and July 30, 2008 (Orlando). Additional public workshops will be held in the future.
 

Last Updated: 9/24/08

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. 7-1-08 Draft Public Workshops scheduled for July 23, 2008 (Tallahassee) and July 30, 2008 (Orlando). 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.

11-24-08 Version Draft

Two Technical Advisory Committee meetings have been held. Modifications to the draft rule are in progress.

 

Last Updated: 11/24/08

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Water and Wastewater Draft Rules

Rule Title Description  Drafts Status
62-4
Permits
(08-1684)
Permit Fees: Laws of Florida 2008-150 require setting certain minimum fees and reevaluating other permitting fees in the ERP and Drinking Water Programs. Contact Van Hoofnagle at (850) 245-8631 Rulemaking was initiated June 27, 2008. Invoice billing has been drafted and minimum fee invoices go out November 1, 2008. Anticipate final rule by March 2009.

Last Updated: 9/29/08

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 See Ground Water Rule Development Page

Last Updated: 6/27/08

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.
62-550
PWS Standards and Monitoring
Adopt rule to address federal Surface Water Treatment Rule – Long Term 2  Contact Greg Parker at (850) 245-8635 Rulemaking initiated June 15, 2007. Anticipate draft rule by March 2009.

 

Last Updated: 9/29/08

62-555
PWS Permitting
Adopt rule to address federal Surface Water Treatment Rule – Long Term 2  Contact Greg Parker at (850) 245-8635 Rulemaking initiated June 15, 2007. Anticipate draft rule by March 2009.

 

Last Updated: 9/29/08

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. Anticipate draft rule by March 2009.

 

Last Updated: 9/29/08

62-620
Wastewater Facility and Activities Permitting
Changes related to Animal Feeding Operations (non-NPDES). 4-17-08 Draft Public workshop to be held on 4/17/08; Anticipate ERC briefing and adoption hearings 2nd or 3rd quarter 2008.

Last Updated: 6/19/08

62-621.300 Permits and
62-620
Wastewater Facility and Activities Permitting
Allow for electronic submission of certain NPDES Stormwater Program forms using the Department’s electronic permitting application. Minor Rule clean-up. Contact Steven Kelly at (850) 245-7518 Notice of Proposed Rule was published October 24, 2008

 

Last Updated: 11/24/08

62-621.500(3)

Generic Permit for Medium Dairies

Develop generic permit for animal feeding operations that authorizes ground water discharges. 4-17-08 Draft Rulemaking being conducted with revisions to 62-620 FAC above.

 

Last Updated: 6/19/08

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. 4-17-08 Draft Rulemaking being conducted with revisions to 62-620 FAC above.

 

Last Updated: 6/19/08

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

Last Updated: 6/18/08

62-670
Wastewater Permitting Requirements for Animal Feeding Operations
Changes related to Animal Feeding Operations (non-NPDES). 4-17-08 Draft Rulemaking being conducted with revisions to 62-620 FAC above.

 

Last Updated: 6/19/08

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Last updated: November 24, 2008

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