| 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: 12/6/11 |
62B-33
Rules and Procedures for Permits for construction seaward of the
CCCL. |
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.
Awaiting authorization to hold a workshop.
Last Updated: 12/6/11 |
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 Debbie Bohlen @
deborah.bohlen@dep.state.fl.us |
Published Notice of Rule Development and workshop
December 12, 2008. Published Notice for three workshops which were
held in 2009. An additional workshop was noticed and held 12/1/10.
Written comments on the draft rule were reviewed and a rulemaking
package is complete pending authorization for noticing in the FAW.
Last Updated: 12/6/11 |
62B-54
Administrative Fines and Damage Liability. Section .002,
Determination of Fines. |
Proposes amendment that addresses comments from the
Joint Administrative Procedures Committee, removing the statement
that multi-day fines will not be assessed for minor impacts.
|
Contact Jim Martinello @
james.martinello@dep.state.fl.us |
Publish Notice of Rule Development on 12-2-11. A
workshop will be notice if requested in the first available Florida
Administrative Weekly.
Last Updated: 12/6/11 |
|
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
|
Published a NDR 10/2/09; held a public
workshops 10/23/09 and 4/6/10. Withdrawn from the Board of
Trustees on 8/10/10. BOT approved 11/9/10. Published NPR 11/24/10.
Published Notice of Correction 12/17/10. The Office of Fiscal
Accountability and Regulatory Reform (OFARR) had no comments
8/22/11. Next step is to present rule
to the BOT for final adoption in 2012.
Last Updated: 12/1/11 |
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
|
Published NDR 5/1/09; held workshop 5/15/09. Withdrawn from the 12/8/09 Board of
Trustees Agenda; may reschedule in
2012. Last Updated: 12/1/11 |
18-21.0051
Delegation of Authority
(11-0594) |
Increase the number of
projects that can be authorized by districts rather than
the BOT by deleting the slip threshold and increasing
the preempted area threshold from 50,000 square feet to
150,000 square feet. Projects of heightened public
concern would continue to require final action by the
BOT. |
Tim Rach,
Alice Heathcock,
Ryan Osborne
|
The BOT approved changes to delegations and initiating
rulemaking on 4/5/11. OFARR had no comments 8/22/11.
Published a NDR 9/2/11. Next step is to request the BOT
approve the proposed rule and to publish a NPR in 2012.
Last Updated: 12/1/11 |
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 a designated boundary. However,
projects within CERP project
boundaries, including SSL and certain other activities,
will not be delegated. S 1752 amendments to 373.441
requires amending the draft Delegation Agreement to
combine activities proposed to be delegated by the SFWMD
and DEP. |
Doug Fry, Ann Lazar,
Stacey Cowley,
Matt Davis
Susan Martin
|
Received request for delegation 3/07. Published NDR 8/17/07.
Held workshop 10/9/07. Drafted and revised Agreement. Published second NDR 9/25/09. Miami-Dade County Commission
reviewed 2/2010. On hold for a period; revised DEP’s and
SFWMD’s agreements into one delegation. MDC is reviewing the
revised agreement.
Last Updated: 12/1/11 |
62-113.100
Delegation of ERP to EPC, Hillsborough County (07-1612) |
Partial delegation of DEP’s ERP program
for permitting, compliance and enforcement of single-family docks and piers (including associated
docking and boating related development), shoreline
protection, shore single-family residences and in-water
activities to the
Environmental Protection Commission of Hillsborough
County. |
Doug Fry,
Christine Francescani,
Andy Zodrow (EPC)
|
Delegation 1/18/08. Published 2nd NDR 8/27/10; held workshop
9/21/10 in Tampa. Made revisions as result of comments.
OFARR had no comments 8/22/11. EPC published 9/28/11 the
Intent to Grant Petition for Partial Delegation of the ERP
Program. DEP published a Notice of Proposed Rule on 11/4/11.
Last Updated: 12/1/11 |
62-330(3)
Update ERP rules of SWFWMD incorporated by reference
(06-1207)
|
Update the rules that DEP adopted by reference in 2005
and 2006 under 62-330 by adopting current 40D Rules.
Expedited procedure under 120.54(1)(i)5, F.S. |
Doug Fry,
Alice Heathcock,
Betsy Hewitt |
On hold for a period. Next step is to provide notice to
OFARR to publish a Notice of Proposed Rule.
Last Updated: 12/1/11 |
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. Expedited procedure under 120.54(1)(i)5, F.S. |
Doug Fry,
Alice Heathcock,
Betsy Hewitt, |
On hold November 2009. Next step is to provide
notice to OFARR to publish a Notice of Proposed Rule.
Last Updated: 12/1/11 |
62-330(1)
Update ERP rules of SRWMD incorporated by reference |
Update the rules that DEP adopted by reference in 1995
under 62-330 by adopting current 40B Rules. Expedited procedure under 120.54(1)(i)5, F.S. |
Doug Fry
Alice Heathcock
Betsy Hewitt, |
On hold November 2009. Next step is to provide notice to
OFARR to publish a Notice of Proposed Rule.
Last Updated: 12/1/11 |
62-341
Noticed General Environmental Resource Permit for
Airport Surface Water Management Systems |
Adoption of a new NGP for construction, operation,
maintenance, alteration, abandonment or removal of
airport airside surface water management systems. The
NGP was requested by the FDOT and the FAA, and has been
under development in coordination with the WMDs. It will
streamline permitting, reduce regulatory burdens, save
money, and enhance airport safety and stormwater quality
and quantity. |
Doug Fry |
On hold 2011.
DEP could adopt as its own and each WMD could adopt, but
awaiting potential legislation that would enable DEP to
adopt rules that can be implemented by WMDs without
their having to do rulemaking.
Last Updated: 12/1/11 |
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 of exemption. |
Alice Heathcock,
Doug Fry,
Brynna Ross
|
Published Notice of Development of Rule 5/28/10. Next step
is to provide notice to OFARR of DEP’s intent to publish
a Notice of Proposed Rule.
Last Updated: 12/1/11 |
|
62-344
Delegations to Local Governments
(10-2686) |
S 1752 amended 373.441, F.S., regarding providing for a
local government to petition the Governor and Cabinet
for review of a request for a delegation of authority
that is not approved or denied within one year of the
petition; and addressing options to local government if
petition is denied. |
Doug Fry,
Alice Heathcock,
Christine Francescani
|
Published a NDR on 12/23/10. Preparing draft rule.
Received authorization from OFARR 6/22/11 to publish a Notice of
Workshop. Workshop was held 7/26/11. Next step is to
provide notice to OFARR to publish a Notice of Proposed
Rule.
Last Updated: 1/6/12 |
62-345
Uniform Mitigation Assessment Method |
Amend UMAM rules, 62-345.500, Assessment and Scoring –
Part II, so that assessment of seagrasses and hardbottom
communities is more tailored to the Joint Coastal Permit
projects to improve interpretation and evaluation
consistency. |
Marty Seeling,
(Connie Bersok),
West Gregory |
Rule development to begin in 2012.
Last Updated: 12/5/11 |
62-347
Stormwater Treatment Rule
(07-0552) |
Develop statewide standards regarding stormwater treatment to
address nutrient levels. |
Eric Livingston,
Michael Bateman,
Betsy Hewitt
|
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
throughout 2008 and 2009. Public workshops held May 11,
18, 19, 26, 2010. Contract recently signed with
Environmental Research and Design to conduct nutrient
removal effectiveness monitoring of underdrain filter
systems and dry detention systems at commercial sites.
Next steps dependent upon ERP legislation in 2012.
Last Updated: 12/1/11 |
| Repeal particular rules
within Chapters 18-14 and 18-21 |
Repeal rules (sections) identified during the
comprehensive rule review required by Executive Order
11-01 and 11-27 as duplicative, unnecessarily
burdensome, or no longer necessary. |
Alice Heathcock
Ryan Osborne
|
Notice provided to OFARR; no comments received; DEP
published Notices of Proposed Rules (for Repeal) on
11/23/2011.
Last Updated: 12/1/11 |
| Repeal particular rules
within Chapters 62-25, 62-29, 62-301, 62-312, 62-341,
62-342, 62-343, 62-344, 62-346 |
Repeal rules (sections) identified during the
comprehensive rule review required by Executive Order
11-01 and 11-27 as duplicative, unnecessarily
burdensome, or no longer necessary. |
Doug Fry
Christine Francescani
|
Notice provided to OFARR; no comments received; DEP
published Notices of Proposed Rules (for Repeal) on
11/23/2011.
Last Updated: 12/1/11 |
| 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.
|
|
Rule Title |
Description |
Contacts/Drafts |
Status |
62-521
Wellhead Protection Rule |
Repeal rules (sections) identified during the comprehensive rule
review required by Executive Order 11-01 and 11-27 as duplicative,
unnecessarily burdensome, or no longer necessary. |
Linda Ann Clemens at (850)245-8647 or Amanda Bush at
(850)245-2230 |
Certification package filed with the Department of State. The repeal
of Rule 62-521.100, F.A.C., will become effective on 2/16/2012.
Last Updated: 2/2/12 |
62-524
Delineation Rule |
Repeal rules (sections) identified during the comprehensive rule
review required by Executive Order 11-01 and 11-27 as duplicative,
unnecessarily burdensome, or no longer necessary. |
David James at (850)245-8648 or Christine Francescani at
(850)245-2272 |
Certification package filed with the Department of State. The repeal
of Rules 62-524.720 and 62-524.730, F.A.C., will become effective on
2/16/2012.
Last Updated: 2/2/12 |
62-528
Underground Injection Control |
Repeal rules (sections) identified during the comprehensive rule
review required by Executive Order 11-01 and 11-27 as duplicative,
unnecessarily burdensome, or no longer necessary. |
Contact Joe Haberfeld at (850)245-8655 or Amanda Bush at
(850)245-2230 |
Certification package filed with the Department of State. The repeal
of Rules 62-528.360, 62-528.500, 62-528.520, 62-528.530, 62-528.540
and 62-528.550, F.A.C., will become effective on 2/16/2012
Last Updated: 2/2/12 |
62-531
Water Well Contractor Licensing Rule |
Repeal rules (sections) identified during the comprehensive rule
review required by Executive Order 11-01 and 11-27 as duplicative,
unnecessarily burdensome, or no longer necessary. |
Contact David James at (850)245-8648 or Christine Francescani at
(850)245-2272 |
Certification package filed with the Department of State. The repeal
of Rule 62-531.390, F.A.C., will become effective on 2/16/2012.
Last Updated: 2/2/12 |
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: 2/2/12 |
62-532
Water Well Permitting and Construction Requirements |
Repeal rules (sections) identified during the comprehensive rule
review required by Executive Order 11-01 and 11-27 as duplicative,
unnecessarily burdensome, or no longer necessary. |
Contact David James at (850)245-8648 or Christine Francescani at
(850)245-2272 |
Certification package filed with the Department of State. The repeal
of Rule 62-532.900, F.A.C., will become effective on 2/16/2012.
Last Updated: 2/2/12 |
62-550
Drinking Water Standards, Monitoring, and Reporting |
Repeal rules pursuant to Executive Order 11-72 as duplicative or no
longer necessary. |
Contact Jennifer Porter at (850)245-8635 or Amanda Bush at
(850)245-2230 |
Notice provided to OFARR; no comments received; DEP
published Notice of Proposed Rules (for Repeal) on 11/23/2011.
Last Updated: 12/8/11 |
62-550
Drinking Water Standards, Monitoring, and Reporting62-560
Requirements for PWSs That Are Out of Compliance |
Adopt the USEPA’s Stage 2 Disinfectants and Disinfection Byproducts
Rule, Long-Term 2 Enhanced Surface Water Treatment Rule, and Ground
Water Rule. |
Contact John Sowerby at (850)245-8637, Virginia Harmon at
(850)245-8630, or Amanda Bush at (850)245-2230 |
Notice provided to OFARR; no comments received; DEP
published notices to adopt rules pursuant to Section 403.8055, F.S.,
on 11/23/11.
Last Updated: 12/8/11 |
62-555
Permitting, Construction, Operation, and Maintenance of PWSs |
Amend rules pursuant to Executive Order 11-72 to: (1) reduce
sampling or treatment requirements for wells; (2) require capacity
analysis reports only for CWSs serving greater than 3,300 persons;
(3) give CWSs more flexibility regarding acceptable backflow
protection at service connections to residential premises where
there is an auxiliary water system and allow less-frequent testing
of backflow preventer assemblies at service connections to
residential premises; (4) allow plumbing contractors to design
certain PWS projects that have a value up to $125,000; and (5) and
clarify GP requirements. |
Contact John Sowerby at (850)245-8637 |
In the DEP 2011-2012 Regulatory Plan. Rule amendments
being drafted.
Last Updated: 12/8/11 |
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 |
|
62-621.300(1)
Generic Permit for Discharges From Petroleum Contaminated Sites.
62-621.300 (2)
Generic Permit for Discharge of Produced Ground Water From any
Non-Contaminated Site Activity. These revisions will update the
existing generic permits that have not changed substantively since
they were adopted |
Revisions will update the existing generic permits that have not
changed substantively since they were adopted in 1995. The revisions
will reflect current NPDES program requirements, bring effluent
monitoring and limitations up-to-date with current limits
established in Chapter 62-302, F.A.C., and improve and streamline
permit issuance. |
Draft Rule 62-621.300(1) and
62-621.300(2), Draft Rule for the Generic Permit for Discharges from
Petroleum Storage and Petroleum Contaminated Sites and the Generic
Permit for Discharge of Ground Water from Dewatering Operations
Draft Generic Permit 62-621.300(1)(a), Generic Permit for Discharges
from Petroleum Storage and Petroleum Contaminated Sites
Draft DEP FORM 62-621.300(1)(b)
Draft Notice of Intent (NOI) to
use the Generic Permit for Discharges from Petroleum Storage and
Petroleum Contaminated Sites
Draft Generic Permit 62-621.300(2), Generic Permit for Discharge
of Ground Water from Dewatering Operations
Draft DEP FORM 62-621.300(2)(b) Draft Notice of Intent (NOI) to
use the Generic Permit for Discharge of Ground Water from Dewatering
Operations |
The Department published a Notice of Rule Development on October 22, 2010.
Public workshops on the rule revisions were conducted November 8, 2010. The
Department is reviewing comments. Secretarial adoption is anticipated during the
second quarter of 2011.
Last Updated: 11/30/10 |
|
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 working with FDACS to
restructure the draft rule. Additional workshops may be scheduled as needed.
Last Updated: 11/30/10 |
62-670
Wastewater Permitting Requirements for Animal Feeding Operations |
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 working with FDACS to
restructure the draft rule. Additional workshops may be scheduled as needed.
Last Updated: 11/30/10 |
62-699
Classification and
Staffing of Water or Domestic Wastewater Treatment Plants and Water
Distribution Systems |
Amend rules pursuant to Executive Order 11-72 to repeal rule
subsections that are informational or duplicative and to reduce
staffing requirements for smaller, less-complex facilities. |
Contact John Sowerby at (850) 245-8637
|
In the DEP 2011-2012 Regulatory Plan. Rule amendments being
drafted.
Last Updated: 12/08/11 |
2012 State of Florida