Florida DEP Water Resource Management Draft Rules
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Corner of tabWater Resource Management/Environmental Assessment & Restoration

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-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: 02/22/10

62B-34

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

Revise the rule adding additional counties. Includes revisions to the general definitions, prohibitions and limitations, turtle protections requirements, and native vegetations protection requirements. Contact Stephanie Gudeman @ Stephanie.Gudeman@dep.state.fl.us Published Notice in FAW April 17, 2009, combining two rulemaking processes. Published Notice of Rulemaking and Hearing November 25, 2009. Published a second Notice of Hearing December 24, 2009. Neither hearing was requested therefore none was held.
 

Last Updated: 02/22/10

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 Stephanie Gudeman @ Stephanie.Gudeman@dep.state.fl.us Published Notice of Rule Development and workshop December 12, 2008. Published Notice for three workshops to be held 10/20, 21/09 and 11/4/09.

 

Last Updated: 02/22/10

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Environmental Resource Permitting & Submerged Lands Draft Rules

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 revising the definition of offence and substituting issuance of a Warning Letter instead of a Notice of Violation.

Donna Kendall, Bud Vielhauer, Ryan Osborne

Notice Rule Development 10/2/09(45 kb)

Draft Rule 02/15/10(59kb)
 

Published a NDR 10/2/09; held a public workshop 10/23/09. Revising rule based on comments. Will announce a future workshop.

Last Updated: 03/01/2010

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, Kelly Samek
NRD 5/1 (37 kb)
Draft Rule 11/24 (44 kb)

Published NDR 5/1/09; held workshop 5/15/09. Revising rule based on comments. Withdrawn from the 12/8/09 Board of Trustees Agenda; is tentatively scheduled for 3/23/10 BOT Agenda.

Last Updated: 03/01/2010

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 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)
Notice Development of Rule

Received request for delegation 3/07. Published NDR 8/17/07. Public workshop held 10/9/07 in Miami. Working on questions from SFWMD. Drafting/revising the Agreement. Published second NDR on 9/25/09. Expect Miami-Dade County Commission to review agreement in 2/2010; if approved, DEP will publish a Notice of Proposed rule.

Last Updated: 03/01/2010

62-113.100
Delegation of ERP 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.

Last Updated: 03/01/2010

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.

Alice Heathcock,
Brynna Ross
 

Preparing draft rule.

Last Updated: 03/01/2010

 

62-346  Phase 2 ERP in Northwest Florida
62-341 (07-1321)
 
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

Draft Rule Information
 

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). Published NPR 5/22/09. Hearing will be announced in future notice.  Publish Notice of Hearing 7/10/09; Adoption Hearing was held 8/13/09. Next step will be to publish a NOC. Proposed effective date is 7/1/2010.

Last Updated: 03/01/2010

62-347
Stormwater Treatment Rule

(07-0552)
Develop statewide 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, 2008. TAC meetings continuing July 29&30, Aug 18&19, and Sept 22&23, 2009. The first public workshop will likely begin in March 2010.

Last Updated: 03/01/2010


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Mining and Minerals Regulation Draft Rules

Rule Title Description Drafts Status
62-348
Peat Mining

(OGC Tracking # 07-1077)
Permitting and Alternative Mitigation for the Mining of High-Quality Peat

As required by HB197 amending Chapter 373, F.S., the proposed rule will apply to mining of predominantly high-quality peat that is being used by Florida’s horticultural industry in products that incorporate other renewable or recyclable materials to replace or reduce the use of natural peat. Published NDR 8/10/07. Distributed for review in April 2008. Receiving comments from affected parties. Rule development workshop was held on December 18. Public comment period closed on January 19th.

Last Updated: 02/22/10

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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. 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.
 

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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.

Modifications to the draft rule are on hold until additional language required as a result of the pending reauthorization of the Clean Water Act has been identified.

 

Last Updated: 02/22/10

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Water and Wastewater Draft Rules

Rule Title Description 

Drafts

Status
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

 

Last Updated: 02/22/10

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.

 

Last Updated: 02/22/10

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: 02/22/10

62-532
Water Well Permitting and Construction Requirements
Add definitions and terms; update references; require proper maintenance of a water well worksite during construction; combine the rule for permitting well construction and repair and the rule for permitting well abandonment; change requirements for construction of specific types of driven wells and for water well grouting; adopt permit and well completion report forms; and update water well setback distances. See Water Well Permitting and Construction Requirements Rule Development Page

 

Last Updated: 02/22/10

62-550 / 555
Drinking Water Standards, Monitoring, and Reporting / Permitting, Construction, Operation, and Maintenance of PWSs
Revise cross-connection control rules for PWSs, including backflow protection requirements at residential premises with an auxiliary water system. Rulemaking initiated December 4, 2008. Notice of Rule Development published in FAW on 1/30/09. First Rule Development Workshop held on 2/18/09. Rule revision draft completed and public workshops held on July 8, 9, & 21. Final rule draft being prepared. Anticipate rule adoption in summer2010.

 

Last Updated: 02/22/10

62-550
PWS Standards and Monitoring

62-555
PWS Permitting (Forms)

Adopt rule to address federal Lead & Copper minor rule revisions
  • Contact Ken Carter at (850) 245-8626
Rulemaking initiated Feb 16, 2009 for Chapter 62-550. Notice of Proposed Rule published September 18, 2009. Anticipate adoption in May 2010.

 

Last Updated: 02/22/10

62-550
PWS Standards and Monitoring

62-555
PWS Permitting

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. Draft rule by March 2010. Public workshop anticipated for April, 2010.

 

Last Updated: 02/22/10

62-550
PWS Standards and Monitoring

62-560
Requirements for PWS Systems Out of Compliance

Adopt rule to address federal Disinfection By-Products - Stage 2 Rule Rulemaking was initiated on October 1, 2009. The Department published the Notice of Rule Development on Nov. 6, 2009. Public workshop held November 30. Anticipate adoption April, 2010.

 

Last Updated: 02/22/10

62-606
Releases from Gambling Vessels
Addresses the releases of wastes from gambling vessels operating in Florida coastal waters and the minimum waste-service demand to be met by berth/waterfront-land facility owners, as required by Chapter 2008-231, Laws of Florida, Clean Ocean Act, which created Section 376.25, F.S. (2008).

The Department published the Notice of Proposed Rule on October 16, 2009 and a Notice of Change on February 5, 2010 and expects the rule to become effective by March 2010.

Contact Cheryl Minskey (cheryl.minskey@dep.state.fl.us), at (850) 245-8619 for more information.

 

Last Updated: 0/23/10

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: 01/25/10

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 revising the draft rule based on comments. Additional workshops may be scheduled as needed.

 

Last Updated: 01/25/10

62-625
Pretreatment Requirements for Existing and New Sources of Pollution
Changes related to federal streamlining revisions to 40 CFR 403, clarification, and clean up of rule. The Department published the Notice of Proposed Rule on December 18, 2009. Anticipate adoption early April 2010. Contact Dawn Templin, P.E., at (850) 245-8601 or  dawn.templin@dep.state.fl.us for information.

Last Updated: 01/25/10

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

 

Last Updated: 02/23/10

62-670
Wastewater Permitting Requirements for Animal Feeding Operations
Changes related to Animal Feeding Operations (non-NPDES). Public workshops on the curret 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: 01/25/10

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Last updated: March 08, 2010

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