Florida DEP Water Resource Management Draft Rules
 
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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.

Contacts

Drafts & Documents

 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.

Contacts

Drafts & Documents

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.

Contacts

Drafts & Documents

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

Last Updated: February 20, 2015

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Environmental Resource Permitting & Submerged Lands Draft Rules

 

General Submerged Lands and Environmental Resources Rule Development

Rule Title

Description

Staff Contacts/ Drafts

Status

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

Contacts

  • Tim Rach,
  • John Humphreys
  • Connie Bersok
  • Matt Wilson
  • Krystle Hoenstine

Drafts & Documents

Published a Notice of Rule Development for April 17, 2015. A revised Notice of Rule Development was published on 8/20/15, announcing a Public Workshop held on 9/8/15. Considering comments received.  Next step is to request publishing a Notice of Proposed Rule.

Last Updated: March 7, 2016

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.

Contacts

  • John Humphreys
  • Krystle Hoenstine

Drafts & Documents

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 to request publishing  a Notice of Proposed Rule.

Last Updated: March 7, 2016

62-345.300 & .900
Uniform Mitigation Assessment Method
(15-1634)
Repeal Rule .900 and move the three incorporated forms to Rule .300, where the forms are first required to be used. There are no changes to the forms and no other changes to this chapter with this rule development. This is a result of the annual rule review under EO 11-211.

Contacts

  • John Humphreys
  • Krystle Hoenstine

New! Current Forms

  • Current 62-345 Forms

New! Published a Notice of Rule Development for 62-345.300 & 900 on 12/29/15. Published a Notice of Proposed Rule for 62-345 on 3/7/16.

Last Updated: March 7, 2016


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.

Contacts

  • Heather Mason
  • Krystle Hoenstine
  • NWFWMD
  • SRWMD
  • SJRWMD
  • SWFWMD
  • SFWMD

Drafts & Documents

New! 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. Published a Notice of Workshop on 9/10/15; conducted the workshop on 10/2/15; considered comments received. Currently routing a request to publish a Notice of Proposed Rule..

Last Updated: March 7, 2016

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Mining and Mitigation Rules

Rule Title Description 

Contacts/Drafts/Documents

Status
New! Chapter 62C-16
Mandatory Phosphate Mine Reclamation
Amends rules pertaining to the reclamation of land disturbed by phosphate mining. Repeals definitions which are duplicative of definitions provided in the statute or are unnecessary. Amends agency contact information resulting from agency reorganization. Repeals requirements to provide an Application for Development Approval and the Development Order. Adopts forms in the rules which require use of the forms and repeals Rule 62C-16.0095, F.A.C.; Adopts two financial assurance forms currently identified and required in the rule, but not adopted by reference.

Contacts

New! A Notice of Rule Development for 62C-16 was published on January 8, 2016.  

Last Updated: January 8, 2015

New! Chapter 62C-36
Limestone Reclamation Requirements

Amends rules pertaining to the reclamation of land disturbed by limestone mining. Repeals definitions which are duplicative of definitions provided in the statute or unnecessary.  Amends agency contact information resulting from agency reorganization.  Clarifies areas subject to the reclamation requirements.  Amends rules to clarify the types of permits to be provided in a reclamation plan.  Amends rules to facilitate electronic transfer of documents.  Amends review procedures to include reference to Section 120.569, F.S.

Repeals requirements to provide an Application for Development Approval and the Development Order.  Amends rules to allow repeal of Rule 62C-36.005, F.A.C.  Adopts forms in the rules which require use of the forms and repeals Rule 62C-36.014, F.A.C.

Contacts

New! A Notice of Rule Development for 62C-36 was published on January 8, 2016.  

Last Updated: January 8, 2015

New! Chapter 62C-38
Fuller’s Earth Reclamation Requirements
Amends rules pertaining to the reclamation of land disturbed by fuller’s earth mining.  Repeals definitions which are duplicative of definitions provided in the statute or unnecessary.  Amends agency contact information resulting from agency reorganization.  Clarifies areas subject to the reclamation requirements.  Amends rules to clarify the types of permits to be provided in a reclamation plan.  Amends rules to facilitate electronic transfer of documents.  Amends rules to replace reference to a repealed statute with the current statute.  Amends a rule to adopt an existing study by reference.  Repeals requirements to provide an Application for Development Approval and the Development Order.  Adopts forms in the rules which require use of the forms and repeals Rule 62C-38.014, F.A.C.

Contacts

New! A Notice of Rule Development for 62C-38 was published on January 8, 2016.  

Last Updated: January 8, 2015

New! Chapter 62C-39
Reclamation Requirements For Solid Resources Other Than Phosphate, Limestone, Heavy Minerals and Fuller’s Earth
Amends rules pertaining to the reclamation of land disturbed by mining.  Repeals definitions which are duplicative of definitions provided in the statute or unnecessary.  Amends agency contact information resulting from agency reorganization.  Clarifies areas subject to the reclamation requirements.  Amends rules to facilitate electronic transfer of documents.  Adopts forms in the rules which require use of the forms and repeals Rule 62C-39.014, F.A.C.

Contacts

New! A Notice of Rule Development for 62C-39 was published on January 8, 2016.  

Last Updated: January 8, 2015

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Surface Water Draft Rules

There are currently no draft rules under development.

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State Revolving Fund

There are currently no draft rules under development.

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Drinking Water Draft Rules

Rule Title Description 

Contacts/Drafts/Documents

Status
62-550
Drinking Water Standards, Monitoring, and Reporting
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.

Contacts

A Notice of Rule Development was published on December 19, 2014. A notice for a January 11, 2016 workshop was published on December 18, 2015

Last Updated: February 3, 2016

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.

Contacts

A Notice of Rule Development was published on December 19, 2014. A notice for a January 11, 2016 workshop was published on December 18, 2015.

Last Updated: February 3, 2016

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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.

Contacts

Drafts & Documents

New! A Notice of Rule Development for 62-600 was published on March 27, 2014. A rule development workshop was held on April 16, 2014. A Notice of Proposed Rule 62-600 was published on September 14, 2015. A Notice of Change for 62-600 F.A.C. was published on December 9, 2015. A certification package was filed with the Department of State on January 19, 2016; the revisions to Chapter 62-600, F.A.C., will be effective on February 8, 2016.

Last Updated: January 29, 2016

62-601
Domestic Wastewater Treatment Plant Monitoring

In order to consolidate requirements applicable to domestic wastewater facilities into one location, the Department proposes to repeal Chapter 62-601, F.A.C., and either eliminate its requirements or update and incorporate them into Chapter 62-600, F.A.C.  Rulemaking for Chapter 62-601, F.A.C., is occurring simultaneously with the rulemaking for Chapter 62-600, F.A.C.

Contacts

Drafts & Documents

A Notice of Proposed Rule was published on September 14, 2015.A certification package was filed with the Department of State on January 19, 2016; the repeal of Chapter 62-601, F.A.C., will be effective on February 8, 2016.”

Last Updated: January 29, 2016

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.

Drafts & Documents

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. 

Drafts & Documents

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

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Last updated: March 07, 2016

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