12022973, 40B-4.1010 - Florida Administrative Rules, Law, Code, Register

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Notice: 12022973

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

WORKS OF THE DISTRICT PERMITS

Overview

RULE:

40B-4.1010	Policy and Purpose
40B-4.1020	Definitions
40B-4.1030	Implementation
40B-4.1040	Permits Required
40B-4.1050	Permit Fees (Repealed)
40B-4.1060	Recognition of Comparable Regulatory Programs
40B-4.1070	Exemptions
40B-4.1090	Documents, Publications and Agreements Incorporated by Reference
40B-4.1100	Duration of Permits
40B-4.1110	Modification of Permits
40B-4.1120	Revocation of Permits
40B-4.1130	Transfer of Permits
40B-4.1140	Limiting Conditions on Permits
40B-4.1150	Emergency Authorization
40B-4.1170	Inspections and Enforcement
40B-4.2010	General Environmental Resource Permits (Repealed)
40B-4.2020	Content of Environmental Resource Permit Application (Repealed)
40B-4.2030	Conditions for Issuance of Environmental Resource Permits (Repealed)
40B-4.2035	Minimum Operation and Maintenance Entity Requirements (Repealed)
40B-4.2040	Minimum Operation and Maintenance Standards (Repealed)
40B-4.3000	Adopted Works of the District
40B-4.3010	Works of the District Permits
40B-4.3020	Content of Works of the District Permit Applications
40B-4.3030	Conditions for Issuance of Works of the District Permits
40B-4.3040	Unlawful Use of Works of the District

PURPOSE:

The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend its rules consistent with Section 373.4131, Florida Statues (F.S.)  Section 373.4131, F.S., became effective on July 1, 2012, and requires the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental permitting (ERP) rules. These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective, and streamlined approach in the state’s ERP program. To implement 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, Florida Administrative Code (F.A.C.) 
DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in the District’s Chapters 40B-4, F.A.C.  This will necessitate amendments to District Chapter 40B-4, F.A.C. Therefore, the purpose of this rule development is to revise the District’s rules to be consistent with DEP’s adoption of statewide ERP rules in chapter 62-330, F.A.C. and include proposed District rules.

SUBJECT:

Among other things, this rule development will cover
the revision of District rules by rule amendment, development or repeal, as needed, to accomplish the establishment of statewide ERP rules and proposed District rules on the following subjects: (1) permitting thresholds, (2) permit exemptions, (3) types of permits, (4) permit duration (5) permit modifications and transfers, (6) reporting forms and operational requirements, (7) application submittal and review procedures, (8) conditions for issuance, (9) formal determinations of the landward extent of wetlands and other surface waters, (10) general permit conditions, (11) fee categories, and (12) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas above.

RULEMAKING AUTHORITY:

369.318, 373.044, 373.046(4), 373.113, 373.118, 373.406, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461, F.S.

LAW:

120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.117, 373.118, 373.129, 373.146(1), 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 373.613, 380.06(9), 403.0877, 403.813(2), F.S.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

RELATED STATUTES
AND LAWS:

369.318, 373.044, 373.046(4), 373.113, 373.118, 373.406, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461, F.S., 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.117, 373.118, 373.129, 373.146(1), 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 373.613, 380.06(9), 403.0877, 403.813(2), F.S.

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=40B-4.1010&PDate=9/28/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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