10700863, 62-29.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10700863

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

CONCEPTUAL AGENCY REVIEW

Overview

RULE:

62-29.001	Intent (Repealed)
62-29.020	Definitions (Repealed)
62-29.030	Application for Conceptual Agency Review (Repealed)
62-29.040	Permit Processing (Repealed)
62-29.050	Standards for Issuance or Denial of Conceptual Agency Review (Repealed)
62-29.060	Effect of Approval or Denial (Repealed)
62-29.070	Duration of Permits; Renewal (Repealed)
62-29.080	Modification or Revocation (Repealed)

PURPOSE:

The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY:

Chapter 62-29, F.A.C., “Conceptual Agency Review,” was amended effective October 3, 1995, to apply only within the geographic territory of the Northwest Florida Water Management District (NWFWMD), where Chapters 62-25 and 62-312, F.A.C., remained in effect under Section 373.4145, F.S. The conceptual agency review provisions of Chapter 62-29, F.A.C., had applicability there because neither Chapter 62-25 nor 62-312, F.A.C., had a conceptual approval process. However, the Environmental Resource Permit (ERP) rule Chapter 62-346, F.A.C., adopted under Section 373.4145(1)(b), F.S., within the NWFWMD effective November 1, 2010, now regulates activities formerly regulated under Chapters 62-25 and 62-312, F.A.C., and contains provisions for an applicant to obtain a conceptual approval permit. As such, the mandate in Section 380.06(9)(b), F.S., for a conceptual approval process is now satisfied by the ERP permit program rules, and the need for Chapter 62-29, F.A.C., no longer exists. In addition, it does not appear any applicant has ever used Chapter 62-29, F.A.C., since it was originally adopted in 1986. Therefore this chapter is no longer necessary and is proposed for repeal to comply with Executive Orders 11-01 and 11-72.
OTHER RULES INCORPORATING THIS RULE: There are no other rules or chapters that incorporate any of the rules in Chapter 62-29, F.A.C.
EFFECT ON THOSE OTHER RULES: None of these rules are incorporated by other rules or chapters; therefore, there is no effect.

RULEMAKING AUTHORITY:

373.026, 373.043, 373.044, 380.06(9) FS.

LAW:

373.109, 373.413(4), 373.4145, 380.06(9), 403.0877 FS.

PRINT PUBLISH DATE:

11/23/2011 Vol. 37/47

COMMENTS:

From 11/23/2011 To 12/14/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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