Florida Regulations 62-330.010: Purpose and Implementation
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(1) This chapter, together with the rules and all documents it incorporates by reference, implements the comprehensive, statewide environmental resource permit (ERP) program under Florida Statutes § 373.4131
(2) The ERP program governs the following: construction, alteration, operation, maintenance, repair, abandonment, and removal of stormwater management systems, dams, impoundments, reservoirs, appurtenant works, and works (including docks, piers, structures, dredging, and filling located in, on or over wetlands or other surface waters, as defined and delineated in Fl. Admin. Code Chapter 62-340) (any one or a combination of these may be collectively referred to throughout this chapter as “”projects”” or “”systems””).
(3) The responsibilities for implementing this chapter are described in Operating and Delegation Agreements between the Department of Environmental Protection (“”Department””), the water management districts (“”Districts””), and local governments (“”delegated local governments””). The Agreements are incorporated by reference in Fl. Admin. Code R. 62-113.100 The term “”Agency”” applies to the Department, a District, or a delegated local government, as applicable, throughout this chapter.
(4) This chapter is used in conjunction with an Applicant’s Handbook, in two volumes, as follows:
(a) Applicant’s Handbook Volume I, “”General and Environmental”” (hereinafter “”Volume I””) applies statewide to all activities regulated under Fl. Admin. Code Chapter 62-330 It includes explanations, procedures, guidance, standards, and criteria on what is regulated by this chapter, the types of permits available, how to submit an application or notice for a regulated activity to the Agencies, how applications and notices are reviewed, the standards and criteria for issuance, and permit duration and modification. Volume I, including Appendices G, H, and I only, is incorporated by reference herein, (December 22, 2020) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12078).
(b) An Applicant’s Handbook Volume II (hereinafter “”Volume II””), has been adopted for use within each District. Each District’s Volume II is incorporated by reference herein and in the rules listed below, which also are incorporated by reference herein. These rules and Handbook Volumes are available as provided in subsection (5), below.
1. Northwest Florida Water Management District — “”Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant’s Handbook – Volume II (Design and Performance Standards Including Basin Design and Criteria),”” including all appendices, is incorporated by reference herein (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09392 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03173) or from the Agency as provided in subsection (5).
2. Suwannee River Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (August, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09398), and in subsection 40B-400.091(2), F.A.C., (October 14, 2013) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02523).
3. St. Johns River Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09405), and in subsections 40C-4.091(1) (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09411), and 40C-44.091(1), F.A.C., (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09410).
4. Southwest Florida Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12079), and in Fl. Admin. Code R. 40D-4.660, (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12080).
5. South Florida Water Management District, Applicant’s Handbook Volume II, including Appendices A through D, is incorporated by reference herein, (May 22, 2016) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12081).
A copy of the incorporated material identified above may be obtained from the Agency Internet site, https://floridadep.gov/water/water/content/water-resource-management-rules#ERP, or as described in subsection 62-330.010(5), F.A.C.
(5) A copy of Volumes I and II and the other Agreements, rules, forms, and other documents incorporated by reference in this chapter also may be obtained from the Agency Internet site or by contacting staff in an Agency office identified in Appendix A of Volume I.
(6) This chapter explains how to submit notices and applications for activities regulated under Part IV of Florida Statutes Chapter 373, and provides the standards for Agency review and action, which must not be harmful to the water resources and not be inconsistent with the overall objectives of the Agency. This chapter also includes procedures for petitions for a formal determination of the landward extent of wetlands and surface waters under Fl. Admin. Code Chapter 62-340
Rulemaking Authority 373.026(7), 373.043, 373.118, 373.418, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.4131, 373.414(9), 373.4141, 373.4142, 373.4145, 373.416, 373.423, 373.426, 373.428, 373.429, 373.441 FS. History-New 10-1-13, Amended 6-1-18, 12-22-20.
(3) The responsibilities for implementing this chapter are described in Operating and Delegation Agreements between the Department of Environmental Protection (“”Department””), the water management districts (“”Districts””), and local governments (“”delegated local governments””). The Agreements are incorporated by reference in Fl. Admin. Code R. 62-113.100 The term “”Agency”” applies to the Department, a District, or a delegated local government, as applicable, throughout this chapter.
(4) This chapter is used in conjunction with an Applicant’s Handbook, in two volumes, as follows:
(a) Applicant’s Handbook Volume I, “”General and Environmental”” (hereinafter “”Volume I””) applies statewide to all activities regulated under Fl. Admin. Code Chapter 62-330 It includes explanations, procedures, guidance, standards, and criteria on what is regulated by this chapter, the types of permits available, how to submit an application or notice for a regulated activity to the Agencies, how applications and notices are reviewed, the standards and criteria for issuance, and permit duration and modification. Volume I, including Appendices G, H, and I only, is incorporated by reference herein, (December 22, 2020) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12078).
(b) An Applicant’s Handbook Volume II (hereinafter “”Volume II””), has been adopted for use within each District. Each District’s Volume II is incorporated by reference herein and in the rules listed below, which also are incorporated by reference herein. These rules and Handbook Volumes are available as provided in subsection (5), below.
1. Northwest Florida Water Management District — “”Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant’s Handbook – Volume II (Design and Performance Standards Including Basin Design and Criteria),”” including all appendices, is incorporated by reference herein (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09392 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03173) or from the Agency as provided in subsection (5).
2. Suwannee River Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (August, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09398), and in subsection 40B-400.091(2), F.A.C., (October 14, 2013) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02523).
3. St. Johns River Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09405), and in subsections 40C-4.091(1) (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09411), and 40C-44.091(1), F.A.C., (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09410).
4. Southwest Florida Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12079), and in Fl. Admin. Code R. 40D-4.660, (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12080).
5. South Florida Water Management District, Applicant’s Handbook Volume II, including Appendices A through D, is incorporated by reference herein, (May 22, 2016) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12081).
A copy of the incorporated material identified above may be obtained from the Agency Internet site, https://floridadep.gov/water/water/content/water-resource-management-rules#ERP, or as described in subsection 62-330.010(5), F.A.C.
(5) A copy of Volumes I and II and the other Agreements, rules, forms, and other documents incorporated by reference in this chapter also may be obtained from the Agency Internet site or by contacting staff in an Agency office identified in Appendix A of Volume I.
(6) This chapter explains how to submit notices and applications for activities regulated under Part IV of Florida Statutes Chapter 373, and provides the standards for Agency review and action, which must not be harmful to the water resources and not be inconsistent with the overall objectives of the Agency. This chapter also includes procedures for petitions for a formal determination of the landward extent of wetlands and surface waters under Fl. Admin. Code Chapter 62-340
Rulemaking Authority 373.026(7), 373.043, 373.118, 373.418, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.4131, 373.414(9), 373.4141, 373.4142, 373.4145, 373.416, 373.423, 373.426, 373.428, 373.429, 373.441 FS. History-New 10-1-13, Amended 6-1-18, 12-22-20.