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.

Gregory Garis

 

New! 62B-41 is undergoing a new Rule development effort; Please see description for specifics on Rule amendments. We hope you will attend the scheduled 62B-41 workshop webinar on June 7, 2016, at 9:30 am.

Last Updated: May 13, 2016

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Environmental Resource Permitting & Submerged Lands Draft Rules

 

Environmental Resource Permitting & Submerged Lands Draft Rules

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

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: July 12, 2016

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: July 12, 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: July 12, 2016

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Mining and Mitigation Rules

Rule Title Description Contacts/Drafts/Documents Status/Comments
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, 2016

New! Chapter 62C-37
Heavy Mineral Reclamation Requirements
Amends rules pertaining to the reclamation of land disturbed by heavy minerals mining.  Repeals definitions which are duplicative of definitions provided in the statute.  Amends agency contact information resulting from agency reorganization.  Repeals requirements to provide an Application for Development Approval and the Development Order.  Authorizes the Department to allow submission of digital files in lieu of hard copy documents.  Provides for a Field Change Application to simplify the processing of minor modifications to plans.  Amends review procedures to facilitate simultaneous review of permit and reclamation applications.  Clarifies reclamation and reporting requirements.

Contacts

A Notice of Rule Development for 62C-37 was published on May 10, 2016

Last Updated: May 10, 2016

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, 2016

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, 2016

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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 adopting revisions to the U.S. Environmental Protection Agency’s Public Notification Rule relating to the Revised Total Coliform Rule published in the July 1, 2015 version of 40 C.F.R. 141 Subpart Q.  The DEP is also updating existing citations to incorporate the July 1, 2015 version of 40 CFR 141 Subpart Q.

Contacts

A Notice of Proposed Rule  for 62-550 was published on July 13, 2016.

Last Updated: July 14, 2016

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

The DEP is adopting revisions to the U.S. Environmental Protection Agency’s Public Notification Rule relating to the Revised Total Coliform Rule published in the July 1, 2015 version of 40 C.F.R. 141 Subpart Q.  The DEP is also updating existing citations to incorporate the July 1, 2015 version of 40 CFR 141 Subpart Q.  The DEP is also making minor updates to the incorporated federal public notification regulations to address U.S. EPA comments on DEP rules and to incorporate federal requirements for public notification to new billing units by non-community water systems.

Contacts

A Notice of Proposed Rule  for 62-560 was published on July 13, 2016.

Last Updated: July 14, 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

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Last updated: July 14, 2016

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