reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.450 - Flood Protection

Current through Reg. 50, No. 138; July 16, 2024
Flood protection shall be implemented within the context of
				  other interrelated water management responsibilities. Florida will continue to
				  be dependent on some structural water control facilities constructed in the
				  past, and new structural facilities may sometimes be unavoidable in addressing
				  existing and future flooding or other water-related problems. However, the
				  Department and the Districts shall promote nonstructural flood protection
				  strategies.
(1) Flood Protection
				Responsibilities.
(a) Local governments have
				the primary responsibility for regulating land use, enforcing construction
				criteria for flood prone areas, establishing local stormwater management levels
				of service, constructing and maintaining local flood control facilities, and
				otherwise preventing flood damages to new and existing development.
(b) District flood protection
				responsibilities relate primarily to serving regional water conveyance and
				storage needs. Districts have the authority to plan, construct, and operate
				water control facilities, as well as regulate discharges into works of the
				District or facilities controlled by the District.
(c) Rules adopted under Part IV of Chapter
				373, F.S., shall require that appropriate precautions be taken to protect
				public health and safety in the event of failure of any water control
				structures, such as pumps and levees.
(d) Department and District programs shall
				discourage siting of incompatible public facilities in floodplains and flood
				prone areas wherever possible. Where no feasible alternative exists to siting
				an incompatible public facility in a floodplain or flood prone area, the
				facility shall be designed to minimize flood damage risks and adverse impacts
				on natural flood detention and conveyance capabilities.
(e) Each District shall clearly define in its
				District Water Management Plan, in basin specific plans, or rules, the
				District's responsibilities related to flood emergencies, including its
				mechanisms for coordinating with emergency response
				agencies.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.458 - Floodplain Protection

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				and the Districts shall provide leadership to protect and enhance the
				beneficial values of floodplains. This shall include active coordination with
				local governments, special districts, and related programs of federal agencies,
				the Department of Community Affairs, and the Department of Health. Nothing in
				this section is intended to diminish the Department's and District's
				responsibilities regarding flood protection.
(a) The Department and the Districts shall
				pursue development of adequate floodplain protection information, including:
1. District determination of flood levels for
				priority floodplains. At a minimum, this shall include the 100-year flood
				level, with other flood levels to be determined where needed for
				watershed-specific management purposes. Districts are encouraged to determine
				the 10-year flood level for the purpose of assisting the Department of Health
				to regulate septic tanks in floodplains pursuant to Rule 64E-6.007,
				F.A.C.
2. Identification of
				floodplains with valuable natural systems for potential acquisition.
3. Identification of floodplain areas having
				potential for restoration of natural flow regimes.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.470 - Natural Systems Protection and Management

Current through Reg. 50, No. 138; July 16, 2024
Programs, plans, and rules to accomplish natural systems
				  protection and management shall include rules to address adverse cumulative
				  impacts, the establishment of minimum flows and levels (Rule
				   62-40.473, F.A.C.) and may
				  include reservations and other protection measures for surface water resources
				  (Rules  62-40.425,
				   62-40.430, and
				   62-40.431,
				  F.A.C.).
Rulemaking Authority
					 373.026(7),
					 373.036(1)(d),
					 373.043,
					 373.171 FS. Law Implemented
					  373.023,
					  373.026,
					  373.036(1)(d),
					  373.042,
					  373.0421,
					  373.103,
					  373.171,
					  373.1961,
					  373.223,
					  373.246,
					  373.418,
					  403.0891 FS.
New 7-20-95, Amended
					 5-7-05.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.473 - Minimum Flows and Levels

Current through Reg. 50, No. 138; July 16, 2024
(1) In
				establishing minimum flows and levels pursuant to Sections
				 373.042 and
				 373.0421, F.S., consideration
				shall be given to natural seasonal fluctuations in water flows or levels,
				nonconsumptive uses, and environmental values associated with coastal,
				estuarine, riverine, spring, aquatic, and wetlands ecology, including:
(a) Recreation in and on the water;
(b) Fish and wildlife habitats and the
				passage of fish;
(c) Estuarine
				resources;
(d) Transfer of detrital
				material;
(e) Maintenance of
				freshwater storage and supply;
(f)
				Aesthetic and scenic attributes;
(g) Filtration and absorption of nutrients
				and other pollutants;
(h) Sediment
				loads;
(i) Water quality;
				and,
(j)
				Navigation.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.474 - Reservations

Current through Reg. 50, No. 138; July 16, 2024
(1) The governing board or the department, by
				rule, may reserve water from use by permit applicants, pursuant to Section
				 373.223(4),
				F.S., in such locations and quantities, and for such seasons of the year, as in
				its judgment may be required for the protection of fish and wildlife or the
				public health and safety. Such reservations shall be subject to periodic review
				at least every five years, and revised if necessary in light of changed
				conditions. However, all presently existing legal uses of water shall be
				protected so long as such use is not contrary to the public interest.
(a) Reservations may be used for the
				protection of fish and wildlife to:
1. Aid in
				a recovery or prevention strategy for a water resource with an established
				minimum flow or level,
2. Aid in
				the restoration of natural systems which provide fish and wildlife habitat,
3. Protect flows or levels that
				support fish and wildlife before harm occurs,
4. Protect fish and wildlife within an
				Outstanding Florida Water, an Aquatic Preserve, a state park, or other publicly
				owned conservation land with significant ecological value, or
5. Prevent withdrawals in any other
				circumstance required to protect fish and wildlife.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.510 - Florida Water Plan

Current through Reg. 50, No. 138; July 16, 2024
(1) In cooperation
				with the water management districts, regional water supply authorities, and
				others, the Department shall develop the Florida Water Plan pursuant to Section
				 373.036, F.S. The Florida Water
				Plan shall include:
(a) The programs and
				activities of the Department related to water supply, water quality, flood
				protection and floodplain management, and natural systems;
(b) The water quality standards of the
				Department;
(c) The District Water
				Management Plans or District Strategic Plan;
(d) Performance measures; and,
(e) This chapter.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.530 - Department Review of District Water Management Plans

Current through Reg. 50, No. 138; July 16, 2024
(1) After acceptance by the District
				Governing Board, District Water Management Plans shall be submitted to the
				Department.
(2) Within sixty days
				after receipt of a Plan for review, the Department shall review each Plan for
				consistency with this chapter and recommend any changes to the Governing
				Board.
(3) After consideration of
				the comments and recommendations of the Department, the Governing Board shall,
				within sixty days, either incorporate the recommended changes into the Plan or
				state in the Plan, with specificity, the reasons for not incorporating the
				changes.
(4) Plan amendments shall
				follow the same process as for initial Plan acceptance.
Rulemaking Authority
					 373.026(7),
					 373.036(1)(d),
					 373.043,
					 373.171 FS. Law Implemented
					  373.023,
					  373.026,
					  373.033,
					  373.036(1)(d),
					  373.0391,
					  373.0395,
					  373.042,
					  373.046,
					  373.086,
					  373.103,
					  373.106,
					  373.171,
					  373.175,
					  373.185,
					  373.1961,
					  373.223,
					  373.246,
					  373.413,
					  373.4135,
					  373.414,
					  373.416,
					  373.418,
					  373.423,
					  373.429,
					  373.451,
					  373.453,
					  403.0615(3),
					  403.064,
					  403.0891 FS.
New 7-20-95.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.531 - Regional Water Supply Plans

Current through Reg. 50, No. 138; July 16, 2024
(1) As
				part of the District Water Management Plans, each governing board shall develop
				a regional water supply plan for each water supply planning region for which
				the districtwide water supply assessment determines that sources of water are
				not adequate to supply water for all existing and projected
				reasonable-beneficial uses and to sustain the surface and ground water
				resources and related natural systems. The planning shall be conducted in an
				open public process, in coordination and cooperation with local governments,
				regional water supply authorities, government-owned and privately owned water
				utilities, self-suppliers, and other affected and interested parties. As part
				of meeting the requirements of Section
				 373.0361, F.S., for regional
				water supply plans:
(a) The planning horizon
				shall be at least 20 years and shall include intermediate water use projections
				for every 5 year interval.
(b)
				Water use estimates and projections shall be provided for the following use
				classes:
1. Public Supply,
2. Domestic Self Supply,
3. Agriculture,
4. Recreational Irrigation,
5. Industrial/Commercial/Institutional,
6.
				Thermoelectric.
(c) The
				University of Florida's Bureau of Economic and Business Research (BEBR) medium
				population projections shall be considered for population projections. Any
				adjustment or deviation from the BEBR projections shall be fully described and
				the original BEBR data shall be presented along with the adjusted
				data.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.610 - Review and Application

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter
				shall be reviewed periodically, but in no case less frequently than once every
				four years.
(2) Within 12 months
				after adoption or revision of this chapter, the Districts shall have revised
				their rules and reviewed their programs to be consistent with the provisions
				contained herein.
(3) District
				rules adopted after this chapter takes effect shall be reviewed by the
				Department for consistency with this chapter.
(4) At the request of the Department, each
				District shall initiate rulemaking pursuant to Chapter 120, F.S., to consider
				changes the Department determines to be necessary to assure consistency with
				this chapter. The Department shall be made a party to the proceeding.
(5) District water policies may be adopted
				which are consistent with this chapter, but which take into account differing
				regional water resource characteristics and needs.
(6) A District shall initiate rulemaking or
				program review to consider implementation of programs pursuant to Sections
				373.033, 373.042, 373.106, Part II, Part III, or Part IV of Chapter 373, F.S.,
				where the Department or District determines that present or projected
				conditions of water shortages, saltwater intrusion, flooding, drainage, or
				other water resource problems, prevent or threaten to prevent the achievement
				of reasonable-beneficial uses, the protection of fish and wildlife, or the
				attainment of other water resource implementation rule directives.
(7) The Department and Districts shall assist
				other governmental entities in the development of plans, ordinances, or other
				programs to promote consistency with this chapter and District water management
				plans.
Rulemaking Authority
					 373.026(7),
					 373.036(1)(d),
					 373.043,
					 373.171 FS. Law Implemented
					  373.023,
					  373.026,
					  373.033,
					  373.036(1)(d),
					  373.0391,
					  373.0395,
					  373.042,
					  373.0421,
					  373.103,
					  373.106,
					  373.114,
					  373.171,
					  373.1961,
					  373.223,
					  373.246,
					  373.250,
					  373.418,
					  403.064,
					  403.0891 FS.
New 5-5-81, Formerly 17-40.10, 17-40.100, Amended 12-17-91,
					 Formerly 17-40.601, Formerly 17-40.610, Amended 7-20-95,
					 5-7-05.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-41 - REGULATION OF THE CONSUMPTIVE USES OF WATER › Section 62-41.301 - Central Florida Water Initiative Area, Uniform Conditions for Issuance of Permits

Current through Reg. 50, No. 138; July 16, 2024
For consumptive use applicants with withdrawal points within
				  the CFWI Area, this rule supersedes in their entirety subsections
				   40C-2.301(1) and
				  (2);
				   40D-2.301(1) and
				  (2); and
				   40E-2.301(1),
				  F.A.C.
(1) To obtain a consumptive use
				permit, renewal, or modification within the CFWI Area, an applicant must
				provide reasonable assurance that the proposed consumptive use of water, on an
				individual and cumulative basis:
(a) Is a
				reasonable-beneficial use;
(b) Will
				not interfere with any presently existing legal use of water; and
(c) Is consistent with the public
				interest.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-41 - REGULATION OF THE CONSUMPTIVE USES OF WATER › Section 62-41.302 - Central Florida Water Initiative Area, Supplemental Applicant's Handbook

Current through Reg. 50, No. 138; July 16, 2024
(1) Rules
				 62-41.302 through
				 62-41.305, F.A.C., shall be used
				in conjunction with the Central Florida Water Initiative Area Supplemental
				Applicant's Handbook (Supplemental Applicant's Handbook), effective January 5,
				2022, which is hereby adopted and incorporated by reference herein, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-13963
).
				Materials adopted by reference in this chapter are available from the
				Department of Environmental Protection's Internet Site
https://floridadep.gov/water-policy
,
				or by contacting the Office of Water Policy, Department of Environmental
				Protection, 3900 Commonwealth Boulevard, Mail Station 46, Tallahassee, Florida
				32399, (850)245-3150. Design Aids referenced within the Supplemental
				Applicant's Handbook are not incorporated by reference and are for information
				purposes only.
(2) Each chapter of
				the Supplemental Applicant's Handbook includes a statement indicating what
				section(s) of the Districts' Applicant's Handbooks, the Supplemental
				Applicant's Handbook supersedes and replaces. Any section of a Districts'
				Applicant's Handbooks that is not explicitly superseded and replaced by the
				Supplemental Applicant's Handbook shall remain in full force and effect for all
				users within that Districts' jurisdiction, including the CFWI
				Area.
Rulemaking Authority
					 373.043,
					 373.0465,
					 373.171 FS. Law Implemented
					 373.016,
					 373.019,
					 373.026,
					 373.036,
					 373.0363,
					 373.042,
					 373.0421,
					 373.0465,
					 373.171,
					 373.219,
					 373.223,
					 373.233,
					 373.229,
					 373.709
					 FS.
New 6-21-21, Amended
					 1-5-22.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-41 - REGULATION OF THE CONSUMPTIVE USES OF WATER › Section 62-41.304 - Central Florida Water Initiative Area, Uniform Process for Setting Minimum Flows and Minimum Water Levels and Water Reservations

Current through Reg. 50, No. 138; July 16, 2024
(1) Priority List. Prior to submittal to the
				Department for approval pursuant to Section
				 373.042(3),
				F.S., each District proposing a Minimum Flow or Minimum Water Level (MFL) or
				Reservation in the Central Florida Water Initiative (CFWI) Area shall:
(a) Hold a meeting among staff of the
				Department, and the St. Johns River Water Management District, the Southwest
				Florida Water Management District, and the South Florida Water Management
				District (the "Districts") to discuss the CFWI waterbodies proposed for
				inclusion on the Priority List;
(b)
				Notice and hold at least one joint public workshop within the CFWI Area with
				the Districts to discuss each district's proposed priority list applicable to
				the CFWI. Such notice shall affirmatively state that the Districts and the
				Department have held the meeting required by paragraph (1)(a), above.
(c) Priority Lists shall conform with the
				requirements set forth in Section
				 373.042(3),
				F.S., and subsection  62-40.473(9),
				F.A.C. In addition to those requirements, if there is an impact potential
				across Water Management District boundaries from withdrawals in the CFWI, the
				priority list shall specifically identify the cross-boundary impact potential
				as being from within the CFWI.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-41 - REGULATION OF THE CONSUMPTIVE USES OF WATER › Section 62-41.305 - Central Florida Water Initiative Area, Applicability of the Dover/Plant City and Southern Water Use Caution Area Recovery Strategies

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				 373.0465(d),
				F.S., this rule includes existing recovery strategies within the Central
				Florida Water Initiative (CFWI) Area adopted before July 1, 2016. This includes
				only the Southern Water Use Caution Area (SWUCA) and the Dover/Plant City Water
				Use Caution Area (Dover/Plant City WUCA) Recovery Strategies.
(2) By inclusion, the Department ensures that
				these recovery strategies remain in effect in the areas currently covered by
				these strategies within the Southwest Florida Water Management District
				(SWFWMD). Nothing in this rule shall be interpreted to apply these recovery
				strategies to other areas within the CFWI Area.
(3) The Department hereby adopts and
				incorporates by reference herein the following provisions of Chapters 40D-2 and
				40D-80, F.A.C., which shall apply to all applicants located within the SWUCA or
				Dover/Plant City WUCA, as applicable:
(a)
				Paragraph  40D-2.801(3)(b),
				F.A.C., effective May 19, 2014, including all subparts, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12432
);
(b) Paragraph
				 40D-2.801(3)(c),
				F.A.C., effective May 19, 2014, including all subparts (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12438
);
(c) Rule
				 40D-80.074, F.A.C., effective
				May 19, 2014, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12433
),
				entitled "Regulatory Portion of Recovery Strategy for the Southern Water Use
				Caution Area";
(d) Rule
				 40D-80.075, F.A.C., effective
				May 19, 2014, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12434
),
				entitled "Regulatory Portion of Recovery Strategy for the Dover/Plant City
				Water Use Caution Area";
(e)
				Paragraph  40D-2.331(2)(b),
				F.A.C., effective September 29, 2015, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12435
),
				relating to all requests to self-relocate or to increase withdrawals that
				impact or are projected to impact a water body with an established Minimum Flow
				or Level;
(f) Rule
				 40D-2.621, F.A.C., effective
				date May 19, 2014, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12436
),
				relating to individual consumptive use permits for
				irrigation;
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-42 - MINIMUM FLOWS AND LEVELS › Section 62-42.100 - Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of this chapter is to set
				forth Department-adopted minimum flows and levels (MFLs) and the regulatory
				provisions of any required related recovery or prevention strategy as provided
				in Section  373.042(4),
				F.S.
(2) The Department recognizes
				that recovery and prevention strategies may contain both regulatory and
				non-regulatory provisions. The non-regulatory provisions are not included in
				this rule, and will be included in the applicable regional water supply plans
				approved by the appropriate districts pursuant to Sections
				 373.0421(2)  and
				 373.709,
				F.S.
Rulemaking Authority
					 373.026(7),
					 373.036(1)(d),
					 373.043,
					 373.171 FS. Law Implemented
					  373.023,
					  373.026,
					  373.033,
					  373.036(1)(d),
					  373.0391,
					  373.0395,
					  373.042,
					  373.0421,
					  373.0831,
					  373.086,
					  373.103,
					  373.106,
					  373.171,
					  373.175,
					  373.185,
					  373.1961,
					  373.223,
					  373.246,
					  373.250,
					  373.418,
					  373.451,
					  373.453,
					  403.0615(3),
					  403.064,
					  403.0891 FS., Section 38,
					 Chapter 2002-296, Laws of
					 Florida.
New 11-26-14.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-42 - MINIMUM FLOWS AND LEVELS › Section 62-42.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this chapter, the following words shall have the
				  indicated meanings unless the rule indicates otherwise:
(1) Flow Duration Curve means a plot of
				magnitude of flow versus percent of time the magnitude of flow is equaled or
				exceeded.
(2) Flow Duration
				Frequency means the percentage of time that a given flow is equaled or
				exceeded.
Rulemaking Authority
					 373.026(7),
					 373.036(1)(d),
					 373.043,
					 373.171 FS. Law Implemented
					  373.023,
					  373.026,
					  373.033,
					  373.036(1)(d),
					  373.0391,
					  373.0395,
					  373.042,
					  373.046,
					  373.0831,
					  373.086,
					  373.103,
					  373.106,
					  373.171,
					  373.175,
					  373.185,
					  373.1961,
					  373.223,
					  373.246,
					  373.250,
					  373.418,
					  373.451,
					  373.453,
					  403.0615(3),
					  403.064,
					  403.0891 FS., Section 38,
					 Chapter 2002-296, Laws of
					 Florida.
New 11-26-14.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-42 - MINIMUM FLOWS AND LEVELS › Section 62-42.300 - Minimum Flows and Levels and Recovery and Prevention Strategies

Current through Reg. 50, No. 138; July 16, 2024
The Department hereby establishes the following minimum flows
				  and levels in accordance with Section
				   373.042, F.S.
(1) Lower Santa Fe and Ichetucknee Rivers and
				Associated Priority Springs: The minimum surface water flows for the Lower
				Santa Fe and Ichetucknee River and Associated Priority Springs are provided
				below:
(a) The minimum surface water flows for
				the Lower Santa Fe at the Santa Fe River near Ft. White, FL (USGS Gage No.
				02322500) are:
1. 3, 101 cubic feet per second
				(cfs) for a flow duration frequency of five percent,
2. 2, 523 cubic feet per second (cfs) for a
				flow duration frequency of 10 percent,
3. 1, 768 cubic feet per second (cfs) for a
				flow duration frequency of 25 percent,
4. 1, 214 cubic feet per second (cfs) for a
				flow duration frequency of 50 percent,
5. 920 cubic feet per second (cfs) for a flow
				duration frequency of 75 percent,
6. 749 cubic feet per second (cfs) for a flow
				duration frequency of 90 percent,
7. 672 cubic feet per second (cfs) for a flow
				duration frequency of 95 percent,
The minimum flows expressed above were derived from baseline
				  and minimum flow duration curves, shown on Figure 1a below, which were based on
				  a period of record of daily mean flows from October 1, 1932 to September 30,
				  1990 at the Santa Fe River near Ft. White, FL (USGS Gage No. 02322500). Only
				  the flows and associated frequencies listed in subparagraphs (1)(a)1.-7.,
				  above, are the established minimum flows.
Click
				  here to view image
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-43 - SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT › Section 62-43.010 - Intent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.043 FS. Law Implemented
					 373.026,
					 373.453,
					 373.455,
					 373.456
					 FS.
New 12-7-87, Amended 2-21-90, Formerly 17-43.010, Repealed
					 2-28-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-43 - SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT › Section 62-43.020 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Department" means the Department of
				Environmental Protection.
(2)
				"Secretary" means the Secretary of the Department of Environmental
				Protection.
(3) "District" means
				any one of the five water management districts created by Section
				 373.069, F.S.
(4) "Fund" means the Surface Water
				Improvement and Management Trust Fund.
(5) "Procedures Manual" means the
				Department's SWIM Review Procedures Manual dated March 20, 1990 which is hereby
				incorporated by reference.
(6)
				"Approved Surface Water Priority List" means the list adopted by the governing
				board of a District and approved by the Department based on criteria adopted by
				this rule.
(7) "Adopted Plan" means
				the written strategies for a specific priority water body or bodies, which have
				completed the full process of approval, review, and adoption pursuant to
				Sections  373.455 and
				 373.456, F.S.
(8) "Uniform Format" means the plan format
				outlined in the Procedures Manual.
(9) "Priority Planning" means District
				activity directed toward developing an Approved Surface Water Priority List or
				an Adopted Plan for the restoration or protection of surface waters.
(10) "State Water Policy" means the
				comprehensive statewide policy as adopted by the Department pursuant to
				Sections  373.026 and
				 403.061, F.S., setting forth
				goals, objectives, and guidance for the development and review of programs,
				rules, and plans relating to water resources.
(11) "State Comprehensive Plan" means the
				plan adopted pursuant to Chapter 187, F.S.
Rulemaking Authority
					 373.043,
					 373.453 FS. Law Implemented
					 373.026,
					 373.451,
					 373.453,
					 373.455,
					 373.456
					 FS.
New 12-7-87, Amended 2-21-90, 5-3-90, Formerly
					 17-43.020.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-43 - SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT › Section 62-43.030 - Preparation, Submittal, and Review of Surface Water Priority Lists

Current through Reg. 50, No. 138; July 16, 2024
(1) Each District, in cooperation with the
				Department, the Department of Agriculture and Consumer Services, the Department
				of Community Affairs, the Game and Fresh Water Fish Commission, the Department
				of Environmental Protection, and local governments, shall develop and maintain
				a list in priority order of surface waters of regional or statewide
				significance which require restoration or protection. Each District shall
				consider the following criteria in preparing the list and priority ranking:
(a) The degree to which state water quality
				standards are violated. In reviewing this criterion, each District shall
				consider the following factors:
1. The status
				and trends of water quality in the water body, including the nature and extent
				of pollution loading from point and nonpoint sources and the extent to which
				uses are impaired,
2. Whether the
				water body can reasonably be expected to meet or maintain water quality
				standards without action to control point or nonpoint sources; and,
3. The nature and extent of sources of point
				and nonpoint pollution which contribute to the waters not meeting
				standards.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-43 - SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT › Section 62-43.035 - Preparation, Submittal, and Review of Surface Water Plans

Current through Reg. 50, No. 138; July 16, 2024
(1) Each District, in cooperation with the
				Department, the Department of Agriculture and Consumer Services, the Department
				of Community Affairs, the Game and Fresh Water Fish Commission, the Department
				of Environmental Protection, and local governments shall prepare and submit to
				the Department a plan, composed of one or more strategies, for the management
				of the specific water bodies in the order in which they appear on the Approved
				Surface Water Priority List. These plans shall be developed using the Uniform
				Format. Each plan shall include at least:
(a)
				A description of the water body system, its historical and current uses, its
				hydrology, and a history of the conditions which have led to the need for
				restoration or protection;
(b) An
				identification of all governmental units that have jurisdiction over the water
				body and its drainage basin within the plan area, including local, regional,
				state and federal units;
(c) A
				description of land uses within the plan area and those of important
				tributaries, point and non-point sources of pollution, and permitted discharge
				activities;
(d) A list of the
				owners of point and non-point sources of pollution that discharge into each
				water body and tributary thereto and that adversely affect the public interest
				(by causing or significantly contributing to violations of water quality
				standards). This list shall include separate lists of those sources that are
				operating without a permit, operating with a temporary operating permit, and
				those presently violating effluent limits or water quality standards, and
				include recommendations and schedules for bringing all sources into compliance
				with state standards when not contrary to the public interest;
(e) A description of strategies for restoring
				or protecting the water body sufficient to meet Class III standards or
				better;
(f) A list of studies that
				are being or have been prepared for the water body;
(g) A list and current status of active
				restoration or protection projects for the water body;
(h) A description of the research and
				feasibility studies which will be performed to determine the particular
				strategy or strategies to restore or protect the water body;
(i) A description of the measures needed to
				manage and maintain the water body once it has been restored and to prevent
				future degradation;
(j) A schedule
				for restoration or protection of the water body; and,
(k) An estimate of the funding needed to
				carry out the restoration or protection strategies.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-43 - SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT › Section 62-43.050 - Release of Funds

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				shall release money from the Fund to each District for the development of
				priority lists or plans or for implementation of Adopted Plans. Implementation
				funds, including matching funds, are only to be used for new activities or the
				expansion of current activities, and not to continue previously funded District
				activities.
(2) A District
				requesting release of money from the Fund shall submit to the Department a
				request from the District governing board. The District governing board may
				delegate funding request authority for implementing Adopted Plans to the
				District Executive Director by resolution. Requests from the District governing
				board shall bear the District seal. Requests from the District Executive
				Director shall be notarized and shall cite the delegation authority. The
				request shall certify that the money is needed to reimburse the District for
				expenditures during a specified time period or to meet the reasonably expected
				cash needs of the District within the next 90 days and that the money was or
				will be used for either Priority Planning or implementation of an Adopted Plan
				and shall specifically include:
(a) The
				amount of money being requested;
(b) The total cost of the activity for which
				funds are requested;
(c) A
				statement that the District has deposited and presently made available in the
				District's separate Surface Water Improvement and Management Fund 20 percent of
				the amount identified in paragraph (b), above;
(d) Selected technical project designs and
				other scopes-of-work and descriptions for verification of the achievement of
				the original purposes of the Adopted Plan or portion thereof for which the
				money is requested including reference to the specific portion of the Adopted
				Plan being addressed; and,
(e) A
				statement that the proposed use of requested money is consistent with the
				Adopted Plan; Chapter 187, F.S. (the State Comprehensive Plan); and Chapter
				62-40, F.A.C. (the State Water Policy).
(f) The quarterly report required in
				subsection  62-43.070(2),
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-43 - SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT › Section 62-43.060 - District Share of Fund

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				September 1 each District shall submit to the Department a funding proposal for
				the next state fiscal year for review and approval. Each proposal shall be
				based on the Adopted Plan funding estimates which shall be revised to reflect
				actual and projected progress toward meeting Plan goals. Each proposal shall
				specify the Adopted Plan and portion thereof which needs state funding and the
				amount of funding and shall describe those activities for which funds are
				requested. The department shall consider these proposals, as approved, in
				developing its annual budget request.
(2) The Department shall not release more
				than 80 percent of the amount of money specified by a District as necessary for
				Priority Planning or implementing the Adopted Plans. A District shall provide
				at least 20 percent of the amount of money necessary for Priority Planning or
				for implementing the Adopted Plans from District ad valorem revenues,
				operations funds, or cash grants accepted for the purposes of the
				implementation of the Adopted Plan.
(3) Any one District may not receive more
				than 50 percent of the moneys in the Fund in any year unless otherwise
				authorized by law.
(4) Beginning in
				state fiscal year 1990-1991 each District shall receive the amount requested
				pursuant to Section  373.453(4),
				F.S., and subsection  62-43.060(1),
				F.A.C., or 10 percent of the money in the appropriation, which ever is less.
				The balance of the appropriation shall be allocated annually by the Department
				based on the specific needs of the Districts as specified in the Adopted Plans
				and funding requests. The Department shall review each District's needs and may
				grant a District's request to retain for the District's future application any
				money in the Fund which was allocated to the District but which remains
				unencumbered by the District at the end of the state fiscal year. District
				retention of such money shall be contingent on the ability of the requesting
				District to make timely and effective use of the money.
Rulemaking Authority
					 373.043 FS. Law Implemented
					 373.026,
					 373.451,
					 373.453,
					 373.457,
					 373.459
					 FS.
New 12-7-87, Amended 2-21-90, Formerly
					 17-43.060.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-43 - SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT › Section 62-43.070 - Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) On July 1 of each year and each quarter
				thereafter or as soon thereafter as possible, the Department shall prepare and
				furnish to each District a financial statement providing the current
				unobligated cash balance in the Fund for each District.
(2) On July 1 of each year and each quarter
				thereafter, each District shall submit to the Secretary a certified report of
				activities conducted with Fund money during the preceding quarter, including,
				at least, a brief description of projects being implemented, a listing of
				receipts, disbursements, District match, and account status for each project
				for each water body with an Adopted Plan.
(3) Any Fund money and related accrued
				interest remaining with the Districts on completion of an Adopted Plan or
				portion thereof shall be credited to the Fund or, upon the approval of the
				Secretary, transferred to implement another of the District's Adopted Plans or
				portions thereof for which money was requested.
(4) In January of each year, each District
				shall submit to the Secretary a progress report of all activities conducted
				toward completing the strategies contained in an Adopted Plan during the
				preceding year.
(5) The financial
				audit as required by Section
				 11.45(3), F.S.,
				shall include a statement regarding the District's compliance with all
				applicable rules.
Rulemaking Authority
					 373.043 FS. Law Implemented
					 373.026,
					 373.451,
					 373.457,
					 373.459
					 FS.
New 12-7-87, Amended 2-21-90, Formerly
					 17-43.070.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-43 - SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT › Section 62-43.100 - Advisory Table of Approval Surface Water Priority Lists (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.043,
					 373.453 FS. Law Implemented
					 373.026,
					 373.451,
					 373.453
					 FS.
New 2-21-90, Formerly 17-43.100, Repealed
					 2-28-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.001 - Authority, Intent and Policy (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.01, 17-45.001, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.020 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Amended 10-16-84, Formerly 17-45.02,
					 17-45.020, Repealed 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.030 - Prohibitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.088,
					 403.816
					 FS.
New 3-28-84, Formerly 17-45.03, 17-45.030, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.040 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.04, 17-45.040, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.050 - Permit Requirement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.05, 17-45.050, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.060 - Procedure to Obtain Permit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.087(6),
					 403.805(1) FS.
					 Law Implemented 403.087(6),
					 403.816
					 FS.
New 3-28-84, Amended 10-16-84, 8-28-85, Formerly 17-45.06,
					 17-45.060, Repealed 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.070 - Phase I (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Amended 10-16-84, Formerly 17-45.07,
					 17-45.070, Repealed 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.080 - Phase II (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.08, 17-45.080, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.090 - Malfunctions or Emergencies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.09, 17-45.090, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.100 - Suspension and Revocation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.087,
					 403.805 FS. Law Implemented
					 403.021,
					 403.061,
					 403.087,
					 403.088,
					 403.121,
					 403.141,
					 403.151,
					 403.161,
					 403.816,
					 403.901 -
					 403.915
					 FS.
New 3-28-84, Formerly 17-45.10, 17-45.100, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.110 - Modifications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Amended 10-16-84, Formerly 17-45.11,
					 17-45.110, Repealed 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.120 - Renewals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.12, 17-45.120, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.130 - Liabilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.13, 17-45.130, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.140 - Transfer of Permit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.14, 17-45.140, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.150 - General Technical Guidance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.15, 17-45.150, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.160 - Standards for Issuance or Denial of a Permit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Amended 10-16-84, Formerly 17-45.16,
					 17-45.160, Repealed 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.170 - Sediment Criteria and Management Practices (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.17, 17-45.170, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.180 - Mixing Zones (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.061(11),
					 403.816
					 FS.
New 3-28-84, Formerly 17-45.18, 17-45.180, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-45 - 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS › Section 62-45.190 - Port-Wide Long-Term Maintenance Dredged Material Management Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(7),
					 403.805(1) FS.
					 Law Implemented 403.816
					 FS.
New 3-28-84, Formerly 17-45.19, 17-45.190, Repealed
					 11-26-15.