Rulemaking
 

Rulemaking Goals and Principles

• One of the top priorities in this rulemaking is creating a more certain regulatory process that is applied consistently across Florida to protect the environment and foster a sustainable economy.
• Currently, between DEP and the water management districts, there are five different versions of the ERP rules.
• A statewide rule will reduce the confusion over having to determine which of five different sets of criteria or requirements are needed to fulfill and what type of permit, if any, is required.
• A more consistent rule will be easier to use on both ends—easier for the citizens or businesses completing the application process and for the agency staff processing the applications. It will eliminate unnecessary and confusing requirements and allow DEP and the districts to consistently apply rule criteria statewide.
• The goal is to develop a streamlined, straightforward core rule that is applicable statewide, but that still accounts for each region’s differing physical and natural characteristics.

A statewide rule will not raise or lower environmental standards. It will simply reconcile conflicts and inconsistencies in the existing requirements, as well as consolidate and streamline regulatory processes across the state.

Rulemaking Approach

The rulemaking will involve amending an existing rule Chapter 62-330 of the Florida Administrative Code (F.A.C). This will include:

• Transferring some existing rule sections, such as the noticed general permits currently in Chapter 62-341, F.A.C., and the procedures for formal determinations in Rule 62-343.040, F.A.C., into Chapter 62-330.
• Adding new sections to consolidate language from the existing DEP and water management district ERP rule Chapters 40B-4, 40B-400, 40C-4, 40C-40, 40C-41, 40C-42, 40C-400, 40D-4, 40D-40, 40D-400, 40E-4, 40E-40, 40E-41, 40E-400, 62-341, 62-342, 62-343, and 62-346, F.A.C., including the Applicant’s Handbooks and Basis of Review of each water management district. Stormwater criteria will be retained separately.
• DEP is soliciting input from the public through this website, on both specific language proposed rule draft, and on issues and specific suggestions for what should be considered. DEP will work with the water management districts to consider the suggestions and comments for inclusion in the next draft. Updated versions of the rule drafts will be posted to this site as soon as they are available.
• DEP will host at least three public rule development workshops in July and August. A tentative schedule for the overall rule development is in the Quick Links.

Once adopted by DEP, the rule will be implemented by DEP, the water management districts and delegated local governments (currently Broward County DEP and the Environmental Protection Commission of Hillsborough County) without further rulemaking by the water management districts other than minor, conforming rulemaking.

Scope of Rulemaking

As required by Section 373.4131, F.S., the statewide ERP rule will:

• Be based on the existing DEP & water management district ERP rules.
• Retain regional differences necessary to address geographic variation in rainfall and other physical and natural characteristics, including:
  • Retaining the existing design and performance standards for stormwater quality and quantity currently contained in each water management district Applicant’s Handbook and Basis of Review. It is envisioned each water management district will retain an Applicant’s Handbook for engineered stormwater management systems. This rulemaking will not result in the creation of statewide stormwater quality and quantity standards.
• Retaining existing basin-specific rules of each water management district.
• Synchronize permitting thresholds, permit types, fee categories, application content and submittal, procedures and conditions for issuance review and noticing procedures.
• Incorporate some new general permits and exemptions and will amend some existing general permits and exemptions to address developing technologies and to expedite review of certain types of minor or routine projects more quickly, and at lower cost to the applicant.
• Not substantively affect agriculture or silviculture activities.
• Not substantively change the current evaluation criteria and requirements for any other activities regulated under the ERP program.
• Not raise or lower environmental standards.