12023070, 40B-400.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 12023070

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40B-400.021	Definitions (Repealed)
40B-400.046	Formal Determinations (Repealed)
40B-400.051	Exemptions (Repealed)
40B-400.091	Publications and Agreements Incorporated by Reference
40B-400.101	Content and Processing of the Application, Amended 12-3-98 (Repealed)
40B-400.103	Conditions for Issuance of Permits (Repealed)
40B-400.104	Additional Conditions for Issuance of Permits (Repealed)
40B-400.115	Limiting Conditions (Repealed)
40B-400.201	Policy and Purpose (Repealed)
40B-400.211	Processing Procedures for Noticed General Permits (Repealed)
40B-400.215	General Conditions for All Noticed General Permits (Repealed)
40B-400.417	General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks (Repealed)
40B-400.427	General Permit for Certain Piers and Associated Structures (Repealed)
40B-400.431	General Permit for Installation of Riprap (Repealed)
40B-400.437	General Permit for the Installation of Fences (Repealed)
40B-400.439	General Permit for the Construction or Maintenance of Culverted Driveways, Road Crossings and Bridges of Artificial Waterways (Repealed)
40B-400.443	General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation (Repealed)
40B-400.447	General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements (Repealed)
40B-400.453	General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline (Repealed)
40B-400.455	General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters (Repealed)
40B-400.457	General Permit for Subaqueous Utility Crossing of Artificial Waterways (Repealed)
40B-400.463	General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
40B-400.467	General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
40B-400.475	General Permit for Minor Activities (Repealed)
40B-400.483	General Permit to the Department to Conduct Minor Activities (Repealed)
40B-400.485	General Permit to the Department for Environmental Restoration or Enhancement (Repealed)
40B-400.487	General Permit to the Department to Change Operating Schedules for Department Water Control Structures (Repealed)
40B-400.495	General Permit to U.S. Forest Service for Minor Works within National Forests (Repealed)
40B-400.500	General Permit After Notice for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems (Repealed)

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 States (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. 
As part of its rulemaking, DEP also intends to incorporate by reference documents to be known as an Applicant’s Handbook. Two volumes of the Applicant’s Handbook will apply in each WMD: (1) one volume that will include general and environmental procedures, and forms that will apply statewide; and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD. DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in the District’s Chapters 40B-400, F.A.C. and the District’s ERP Applicant’s Handbook.  This will necessitate amendments to District Chapter 40B-400, F.A.C., and its existing Applicant’s Handbook. Therefore, the purpose of this rule development is to revise the District’s rules and the District’s Applicant Handbook to be consistent with DEP’s adoption of statewide ERP rules in chapter 62-330, F.A.C.

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 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-400.021&PDate=9/28/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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