11635070, 62-330.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11635070

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

ENVIRONMENTAL RESOURCE PERMITTING

Overview

RULE:

62-330.021	Definitions
62-330.100	Purpose and Intent (Repealed)
62-330.200	Rules Adopted by Reference (Repealed)
62-330.201	Determinations of the Landward Extent of Wetlands and Other Surface Waters
62-330.401	Policy and Purpose
62-330.405	General Conditions for All General Permits
62-330.410	General Permit for Dredging by the West Coast Inland Navigation District in Sarasota and Manatee Counties
62-330.417	General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities
62-330.427	General Permit for Docks, Piers and Associated Structures
62-330.428	General Permit for Floating Vessel Platforms and Floating Boat Lifts
62-330.431	General Permit for Installation of Riprap
62-330.437	General Permit for the Installation of Fences
62-330.439	General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings, and Bridges of Artificial Waterways
62-330.441	Noticed General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County (Transferred)
62-330.443	General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Placement, Replacement, Removal, Maintenance, and Operation
62-330.447	General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements
62-330.448	General Permit to Counties and Municipalities to Pave Existing County or Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway
62-330.453	General Permit for Installation, Maintenance, Repair, and Removal of Underground Utility Lines
62-330.455	General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters
62-330.457	General Permit for Subaqueous Utility Crossings of Artificial Waterways
62-330.458	General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities
62-330.459	General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects
62-330.463	General Permit for Breaching Mosquito Control Impoundments and for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies
62-330.467	General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
62-330.475	General Permit for Single-family Residential Activities in Isolated Wetlands
62-330.476	General Permit for Private Single-Family Residences Within Jupiter Farms, Palm Beach County
62-330.477	General Permit for Single Family Residential Lots Within the Indian Trail Water Control District
62-330.483	General Permit to the Department and Water Management Districts to Conduct Minor Activities
62-330.485	General Permit to the Department and Water Management Districts for Environmental Restoration or Enhancement
62-330.487	General Permit to the Department and Water Management Districts to Change Operating Schedules for Water Control Structures
62-330.491	Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Minining Sand and Limestone (Repealed)
62-330.492	General Permit for Prospecting for Limestone, Sand, and Peat
62-330.493	General Permit to Perform Prospecting Activities for Phosphate Minerals
62-330.494	General Permit for Temporary Dragline Crossings of Waterways
62-330.495	General Permit for Low Water Crossings for Mining Activities
62-330.500	General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems (Repealed)
62-330.505	General Permit to the U.S. Forest Service for Minor Works within National Forests
62-330.600	General Permit for the Construction of Artificial Reefs
62-330.602	General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities (Repealed)
62-330.630	General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities
62-330.901	Noticed General Permit Forms (Repealed)

PURPOSE:

Section 373.4131, F.S., created by Chapter 2012-94, Laws of Florida, and effective July 1, 2012, requires the Department (DEP), in coordination with the five Water Management Districts (WMDs), to develop statewide environmental resource permitting (ERP) rules governing the construction, alteration, operation, maintenance, repair, abandonment, and removal of stormwater management systems, dams, impoundments, reservoirs, appurtenant works or works, or combinations thereof, to implement Part IV of Chapter 373, F.S. The DEP proposes to substantially amend existing provisions of Chapter 62-330, F.A.C., and add new rules to be implemented by DEP, the WMDs, and local governments delegated under Section 373.441, F.S., without the need for further rulemaking by the WMDs and local governments, pursuant to Section 373.4131, F.S. The purpose of this rulemaking is to establish statewide ERP rules that will rely primarily upon existing rules of the DEP and WMDs, revised as necessary to achieve a more consistent, effective, and streamlined approach to implement the ERP program; these new rules will reduce regulatory costs and burdens for the public while not lowering environmental standards and continuing to protect the state’s water resources.

SUBJECT:

Chapter 62-330, F.A.C., is an existing rule of the DEP that currently incorporates by reference the rules of the WMDs used by the DEP to implement its responsibilities under the ERP program. It was recently amended (through rule transfers) to include all of the noticed general permits formerly contained in Chapters 62-341 and 62-330, F.A.C., will be substantially revised to become the statewide ERP rules. The proposed rulemaking for Chapter 62-330, F.A.C., will include provisions such as: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; general conditions; formal determinations of the landward extent of wetlands and other surface waters; and mitigation criteria currently contained in existing DEP and WMD ERP rules, primarily Chapters 40B-4, 40B-400, 40C-4, 40C-40, 40C-42, 40C-400, 40D-4, 40D-40, 40D-400, 40E-4, 40E-40, 40E-400, 62-342, 62-343, and 62-346, F.A.C., and the Applicant’s Handbooks and Basis of Review of each WMD. It will also incorporate new, and amend existing, exemptions and noticed general permits to authorize certain minor and routine activities more quickly than through individual permit review, and at lower cost to the applicant, without causing significant adverse impacts individually or cumulatively.
The rule chapter will incorporate by reference guidance documents to be known as Applicant’s Handbooks, consisting of two volumes; one volume adopted by the DEP to include general and environmental procedures and forms that will apply statewide, and a second volume, specific to each WMD and adopted also by the applicable WMD, which will retain the existing design and performance standards for stormwater quality and quantity within each WMD. Additional basin-specific rules adopted by the WMDs also will be retained and incorporated by reference to maintain regional differences necessary because of variations in rainfall and other physical and natural characteristics throughout the state.
The DEP has established an Internet site (http://www.dep.state.fl.us/water/wetlands/swerp/index.htm) to provide information about the rulemaking, and a dedicated forum (http://depflorida.ipbhost.com/) to accept comments from the public on the rule. A link to those sites also exists at http://www.dep.state.fl.us/water/rules_dr.htm#erp.

RULEMAKING AUTHORITY:

LAW:

120.54(5)(a), 373.019, 373.042, 373.0421, 373.044, 373.085, 373.086, 373.109, 373.118, 373.118(1), 373.119, 373.129, 373.136, 373.403, 373.406, 373.406(5), 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.414(9), 373.4141, 373.4145, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.4211(22), (25), 373.422, 373.423, 373.426, 373.427, 373.429, 373.413, 373.430, 373.433, 373.436, 373.439, 373.461, 380.06(9), 403.0877, 403.813(1), 403.813(1)(t) FS.

PRINT PUBLISH DATE:

6/22/2012 Vol. 38/25

RELATED STATUTES
AND LAWS:

373.026(7), 373.043, 373.118, 373.118(1), 373.406(5), 373.413, 373.4131, 373.414, 373.414(9), 373.4145, 373.415, 373.418, 373.421(2), 373.4211(22)-(25), 373.461, 380.06(9), 403.0877, 403.805(1), 403.813(1)(t) FS., 120.54(5)(a), 373.019, 373.042, 373.0421, 373.044, 373.085, 373.086, 373.109, 373.118, 373.118(1), 373.119, 373.129, 373.136, 373.403, 373.406, 373.406(5), 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.414(9), 373.4141, 373.4145, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.4211(22), (25), 373.422, 373.423, 373.426, 373.427, 373.429, 373.413, 373.430, 373.433, 373.436, 373.439, 373.461, 380.06(9), 403.0877, 403.813(1), 403.813(1)(t) 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=62-330.021&PDate=6/22/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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