Florida DEP Water Resource Management Draft Rules
Florida Department of Environmental Protection
 
* DEP Home * About DEP * Programs * Contact * Site Map * Search
Corner of tabWater Resource Management/Environmental Assessment & Restoration

Water Draft Rules
 

Beaches & Coastal Systems Draft Rules

Rule Title Description Contacts/Drafts/Documents Status/Comments
62B-33
Rules and Procedures for Coastal Construction and Excavation (Permits for Construction Seaward of the Coastal Construction Control Line (CCCL) and 50-Foot Setback).
The Department of Environmental Protection proposes amendments to Chapter 62B-33, F.A.C., Rules and Procedures for Coastal Construction and Excavation (Permits for Construction Seaward of the Coastal Construction Control Line (CCCL) and 50-Foot Setback).  The proposed amendments will clarify and update existing rule language to reflect current procedures for exemptions, marine turtle protection and vegetation maintenance criteria, siting criteria, survey requirements, thirty year erosion projections, permit time limits and extensions, general conditions, definitions, forms, and fees. The Department is also proposing to update and add new general permits for activities seaward of the CCCL.  In addition to amendments to the rule chapter, the Department proposes the creation of a CCCL Applicant’s Handbook.

 Tony McNeal

New! Rule has received authorization for rule development. Second Workshop was held on February 12, 2015 @ 9:30 am. The comment period for the Second Workshop has been extended to March 13, 2015.

Last Updated: February 20, 2015

62B-34
General Permit for Activities Seaward of the Coastal Construction Control Line
The Florida Department of Environmental Protection proposes amendments to Chapter 62B-34, F.A.C. The proposed rule language will include application requirements for dune restoration general permits, general conditions for dune restoration projects and the criteria one must meet to receive a dune restoration general permit. These revisions will streamline the permitting process and save time and money for performing dune restoration and enhancement activities that offer more protection to upland property and structures.

 Tony McNeal

The rule has received authorization for rule development. An authorization request for approval to proceed with rule development has been initiated.

Last Updated: March 5, 2014

62B-41
Rules And Procedures For Application For Coastal Construction Permits
The Department of Environmental Protection proposes amendments to 62B-41, F.A.C. The amendments to the rule address concerns raised by the Joint Administrative Procedures Committee and will update the rule to implement changes in Section 161.041, F.S. The 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.

Martin Seeling

New! Changes have been made based on public comment and are currently being reviewed.

Last Updated: February 20, 2015

62B-49
Joint Coastal Permits and Concurrent Processing of Proprietary Authorizations

The Department of Environmental Protection, Bureau of Beaches and Coastal Systems, proposes amendments to 62B-49, F.A.C. in order to implement changes set forth in Section 161.041, F.S., and make other changes to improve program implementation.

Lainie Edwards

New! Please join the Department for a second Rule Hearing for 62B-49, F.A.C. on July 23, 2014.   Please see the latest version of Rule 62B-49, F.A.C., entitled “62B-49 Hearing 2 Draft”.  This draft version of the Rule represents suggested edits and changes requested and accepted by the Department from the public, regulated entities, the Governor’s Office of Fiscal and Regulatory Reform, and the Joint Administrative Procedures Committee, as a result of the Notice of Proposed Rule and first public hearing.   Additionally, the draft Rule contains seven highlighted staff amendments which are being proposed at this time.   All seven proposed staff amendments which will be presented at the hearing, as well as the hearing agenda are also posted at this site.  Submit any comments to Lainie Edwards, and please join us on the 23rd.

Last Updated: July 16, 2015

top

Environmental Resource Permitting & Submerged Lands Draft Rules

 

General Submerged Lands and Environmental Resources Rule Development

Rule Title

Description

Staff Contacts/ Drafts

Status

New! 62-342.700
Financial Responsibility
(15-0140)
New! To allow mitigation banks to use alternative methods of demonstrating financial responsibility. Current mechanisms in the rule would remain available.

SLERC and MMP
John Humphreys,
Connie Bersok,
Vicki Tauxe

New! Published a Notice of Rule Development for April 17, 2015. Expect to publish a Notice of Workshop in June.

Last Updated: May 29, 2015

62-345
Uniform Mitigation Assessment Method
(13-0913)
Amend rule and forms for clarity and consistency. Clarify use of preservation as mitigation, quantify functions provided by surrounding upland communities, assess Location and Landscape Support functions, determine time-lag and risk factor, and classify altered and artificial sites. Clarify method for assessing seagrass, hardbottom and other submerged communities. Revise forms to better track steps and long-term wetland functional losses and gains.

John Humphreys
Krystle Hoenstine

Included in Regulatory Plan 2012-2013. Published a Notice of Rule Development for 62-345 on 5/3/13; held a public workshop 6/26/13; and 12/19/13. Completed field-testing of draft UMAM scoring worksheets 7/1/14; presented results and draft rule at a public workshop on February 5, 2015.  Next step is request to publish a Notice of Proposed Rule.

Last Updated: May 29, 2015


Rule Development for Statewide ERP Rule (Chapter 62-330 F.A.C.)

Rule Title

Description

Staff Contacts/ Drafts

Status

62-330
Statewide ERP Phase 2
(14-0376)
SWERP Phase 2 “glitch” rule. Amend the rule and Applicant’s Handbook and forms to incorporate streamlining measures; revise the Joint Application to add USACE information items; and make minor corrections.

Andy May,
Krystle Hoenstine
NWFWMD,
SRWMD,
SJRWMD,
SWFWMD,
SFWMD

Clean-up rulemaking was anticipated, but was not included in the Regulatory Plan 2013-2014; it is not in the 2014-2015 Plan. Published a Notice of Rule Development on 9/3/14, and held a Public Workshop webinar on 9/19/14.

Last Updated: May 29, 2015

62-330.411
Environmental Resource General Permit for the West Coast Inland Navigation District in Charlotte County
(13-1285)
Adoption of a new GP to streamline permitting of maintenance dredging of public navigation channels and canals within Charlotte County.

Will meet WCIND statutory requirements, while having minimal adverse individual and cumulative impact. Will reduce regulatory burdens, save money, and enhance navigation for the public.

Andy May,
Lucy Blair,
Krystle Hoenstein

New! Materials needed to adopt this GP are under development by the WCIND and Florida Sea Grant. Decided to conduct separate rulemaking after the 62-330 statewide ERP became effective 10/1/13. Not included in Regulatory Plans for 2013-14 or 2014-15. Published Notice of Rule Development on 2/26/14; held two public workshops April 1 in Punta Gorda. Next step is to request to publish a Notice of Proposed Rule in June 2015.   

Last Updated: May 29, 2015

62-330.420
Environmental Resource General Permit for Public Mooring Fields
(13-1117)
Adoption of a new GP for public mooring fields serving a maximum of 100 vessels, including associated courtesy docks. The GP must be exclusively for the general public; comply with Part IV of Ch. 373, F.S., and be consistent with the local government manatee protection plan. Includes delegation to issue leases from the Board of Trustees for mooring fields that meet the GP. (HB 999 modified 373.118(4), F.S., 7/1/13)

New! Tim Rach
Alice Heathcock
Krystle Hoenstine

New! Published a Notice of Rule Development on 9/4/13. Held a workshop-webinar on 6/20/14. Staff revised the draft rule based on workshop comments and distributed it to interested parties on 8/27/14. Staff is considering new comments received, then will distribute a revised draft. Revised draft rule and example plans dated 12/19/14 are being distributed. Next step is to request publishing a Notice of Proposed Rule in June 2015.

Last Updated: May 29, 2015

top

Mining and Mitigation (including Oil and Gas Program) Rules

There are currently no draft rules under development.

top

Surface Water Draft Rules

There are currently no draft rules under development.

top

State Revolving Fund

There are currently no draft rules under development.

top

Drinking Water Draft Rules

Rule Title Description 

Contacts/Drafts/Documents

Status
New! 62-550
Drinking Water Standards, Monitoring, and Reporting
New! The DEP is amending Chapter 62-560 to make State drinking water public notification (PN) rules consistent with the U.S. Environmental Protection Agency’s PN regulations by deleting or repealing all current State PN rules and incorporating by reference the federal PN regulations. To coordinate Chapter 62-550 with the proposed amendments to Chapter 62-560, the Department is correcting rule references and making other changes to Chapter 62-550. New! Contact Virginia Harmon at virginia.harmon@dep.state.fl.us

New! A Notice of Rule Development was published on December 19, 2014.

Last Updated: December 19, 2014

62-550
Drinking Water Standards, Monitoring, and Reporting

The DEP will amend Rules 62-550.200, 62-550.310, 62-550.518, 62-550.817, 62-550.821, 62-550.824, and 62-550.828, and will add new Rule 62-550.830, to incorporate by reference the federal Revised Total Coliform Rule.

Contact Jeffrey Lawson at jeffrey.lawson@dep.state.fl.us.

This rulemaking is in the DEP 2014-2015 Regulatory Plan. A “fast-track” Notice of Intent to Adopt a Rule Pursuant to Section 403.8055, F.S., is expected in 2014.

Last Updated: December 19, 2014

62-550
Drinking Water Standards, Monitoring, and Reporting
The DEP will amend Rule 62-550.518 to move assessment ground water source monitoring to Rule 62-550.828. Also, the DEP will amend Rule 62-550.828 to clarify those portions of the federal Ground Water Rule involving State options. Contact John Sowerby at john.r.sowerby@dep.state.fl.us.

This rulemaking is in the DEP 2014-2015 Regulatory Plan. A Notice of Rule Development is expected in 2015.

Last Updated: December 19, 2014

62-560
Requirements for Public Water Systems That Are Out of Compliance

The DEP will repeal Rules 62-560.400, 62-560.430, and 62-560.440, and the DEP will substantially reword Rule 62-560.410 to incorporate by reference the federal Public Notification (PN) Rule. This will make State PN requirements completely consistent with the federal PN Rule.

Contact Virginia Harmon at virginia.harmon@dep.state.fl.us.

A Notice of Rule Development was published on December 19, 2014.

Last Updated: December 19, 2014

top

Wastewater Draft Rules

 

Rule Title Description 

Contacts/Drafts/Documents

Status

62-600
Domestic Wastewater Facilities

Revisions to Chapter 62-600, F.A.C., will simplify and clarify design, operation, monitoring, and reporting requirements; correct rule references; and make the rules consistent with more recently adopted rules and statutory requirements, including ocean outfall legislation adopted in Section 403.086(9), Florida Statutes.  The revisions will repeal requirements that are obsolete, duplicative of other rules or statutory requirements, or have been superseded by other rules or statutory requirements.  As part of this rulemaking effort, some requirements from Chapter 62-601, F.A.C., Domestic Wastewater Treatment Plant Monitoring, will be incorporated into Chapter 62-600, F.A.C.  Chapter 62-601, F.A.C., will then be repealed simultaneously with the rulemaking to adopt the amendments to 62-600, F.A.C.

Contact Richard Addison at richard.addison@dep.state.fl.us

A Notice of Rule Development was published on March 27, 2014. A rule development workshop was held on April 16, 2014.

Last Updated: April 16, 2014

62-621.300
Stormwater Construction Generic Permit (CGP), Industrial stormwater Multi Sector Generic Permit (MSGP) and Industrial Wastewater Generic Permit for Discharge of Ground Water From Dewatering Operations

Revisions will update the CGP for consistency with EPA rule revisions adopted 2009. The revised permit is written in a “plain language” question and answer format .This includes incorporating the technology-based effluent limitations (TBELs) and updating the associated forms. Updates will also include provisions authorizing construction dewatering for non-contaminated ground water, with appropriate control measures for non-stormwater discharge.  This particular revision will allow sites covered by the CGP to conduct dewatering operations without the need to obtain a separate NPDES permit under the Industrial Wastewater Program.

The Department published a Notice of Rule Development on April 3, 2013.

Last Updated: February 11, 2015

62-624
Stormwater Generic Permits for Phase II Municipal Separate Storm Sewer Systems (MS4)

Revisions will update the Multi-Sector Generic Permit (MSGP) for industrial stormwater to be consistent with new requirements from EPA’s 2008 general permit.  The revised permit is written in a “plain language” question and answer format.  The revisions include only the provisions needed to meet the EPA requirements.  These are primarily associated with an Annual Report requirement and certain requirements for facilities that discharge to impaired water bodies with adopted TMDLs. 

The Department published a Notice of Rule Development on April 9, 2013.

For additional information, including rule workshop materials, please see the NPDES homepage.

Last Updated: August 6, 2013

top

Last updated: July 16, 2015

  2600 Blair Stone Road M.S. 3500   Tallahassee, Florida 32399   850-245-8336 (phone) / 850-245-8356 (fax) 
DEP Home | About DEP  | Contact Us | Search |  Site Map