The South Florida Water Management District (SFWMD) is currently involved in rule development or rulemaking for several rules. Four rules impacting environmental programs relate to a revision in permit application processing fees, amendments to the Everglades Regulatory Program for the Everglades Agricultural Area, side slope criteria and an environmental resource permit (ERP) glitch rule.

     In September, the SFWMD adopted revised permit application fees for processing surface water management, environmental resource (ERP) and consumptive use permit applications. (Rule 40E-1.607, F.A.C.) The distinctive features of the revised rule include one hundred percent recovery of application processing and compliance costs with the exception of smaller projects that will pay a reduced fee or experience no increase in fees. There will also be reduced fees for certain agricultural projects. The new fees are scheduled to become effective in November and will provide additional revenue sources to help fund and implement state-mandated programs.

     In September, the SFWMD also adopted amendments to the Everglades Regulatory Program for the EAA. The Everglades Forever Act mandates a twenty-five percent reduction in the total phosphorus load discharged from the EAA. The SFWMD is required to calculate EAA basin compliance annually. Chapter 40E-63, F.A.C., established a detailed methodology and computer statistical model to calculate phosphorus loads. Chapter 40E-63, F.A.C., anticipated that refinements to the EAA Basin phosphorus calculation procedures would be required over time to incorporate changes in surface water management within the EAA. Specifically, as the stormwater treatment areas (STAs) are completed, inflows to the STAs become new discharge points from the EAA. The discharges from the EAA are used to calculate the annual phosphorus load changes attributable to the EAA lands. Therefore, as each of the STAs become operational, Chapter 40E-63, F.A.C. rules must be amended to update the computer model equations to account for the new inflow and outflow stations. These calculations are used to determine compliance with the best management practices rule s twenty-five percent annual reduction goal and the annual Everglades Privilege Tax basin credits. The rule will be effective in October.

     The SFWMD is conducting rule development to amend Rule 7.4(d), Basis of Review for Environmental Resource Permit Applications within the SFWMD, which pertains to side slope. Currently, side slopes can be no steeper than 4:1 (horizontal:vertical). One of the significant amendments to the rule would allow alternative side slopes for wet retention/detention areas adjacent to tee areas, fairway bunkers and greens within golf courses. Golf course designers desire to create steeper slopes adjacent to tee boxes and greens as part of the design for playability of a course. The proposed rule would allow slopes no steeper than 2:1 provided that the side slopes below the control elevation are constructed with side slopes no steeper than 8:1 (horizontal:vertical) to a depth of two feet below the control elevation.

     Four workshops were held on the side slope rule in June. The rule is being redrafted. Additional workshops will be scheduled for consideration of the redrafted rule.

     Rule development is also being conducted on an ERP glitch rule. The ERP rules became effective in October, 1995. In working with these rules over the last four years, the SFWMD became aware that revision of certain sections would make the rules clearer. Citations to certain rules, agencies names and form numbers have changed or were incorrectly printed. These citations, names and form numbers will be corrected.

     The proposed rule would also allow a permit to be issued to a contractual buyer of property, provided that work cannot commence until proof of ownership is provided to the District. Amendments are proposed pertaining to the timing of the submittal of documentation necessary to convert a permit from the construction phase to the operational phase and requiring additional language in homeowner association documents in order to provide notice of already existing SFWMD rights.

     The proposed rule is currently being revised to reflect input received at four public workshops.