10477375, 40D-4.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10477375

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.021	Definitions (Repealed)
40D-4.091	Publications, Forms and Agreements Incorporated by Reference (Transferred)
40D-4.101	Content of Application (Repealed)
40D-4.331	Modification of Permits (Repealed)
40D-4.351	Transfer of Permits (Repealed)

PURPOSE:

The purpose and effect of this rulemaking is to revise certain District Environmental Resource Permitting application and compliance forms and rule text referencing such forms, to clarify that such forms and documents submitted in support of permit applications and for permit compliance requirements may be submitted by a licensed or registered professional such as a professional engineer, landscape architect, land surveyor or mapper and geologist, when appropriate and in accordance with law. A definition of “licensed or registered professional” is also adopted. The revisions will make the District’s forms consistent with similar Environmental Resource Permit forms adopted by the Department of Environmental Protection. Forms being revised are the Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Statement of Completion and Request for Transfer to Operation Entity, Statement of Inspection for Proper Operation and Maintenance, Environmental Resource Permit Modification Short Form and the General Environmental Resource Permit Application for Modification Related to Outparcel Construction Within Permitted Commercial/Industrial Projects. The General Environmental Resource Permit Application for Modification Related to Outparcel Construction Within Permitted Commercial/Industrial Projects is also being revised to be applicable to outparcels within other permitted projects in addition to commercial and industrial projects and to clarify the fee for such modification applications. This rulemaking is undertaken to remove unnecessary restrictions on professions and to reduce costs to individuals, businesses and governments for environmental resource permits and permit compliance requirements.

SUBJECT:

Environmental Resource Permitting.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.414 FS.

LAW:

373.0361, 373.042, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.416(1), (2), 373.429, 373.441 FS.

PRINT PUBLISH DATE:

10/7/2011 Vol. 37/40

RELATED STATUTES
AND LAWS:

373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.414 FS., 373.0361, 373.042, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.416(1), (2), 373.429, 373.441 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40D-4.021&PDate=10/7/2011&Section=1

REFERENCE MATERIALS:

No reference(s).

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