12029181, 40E-1.602 - Florida Administrative Rules, Law, Code, Register

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Notice: 12029181

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

GENERAL AND PROCEDURAL

Overview

RULE:

40E-1.602	Permits Required
40E-1.603	Application Procedures for Processing Permit Applications or Notices of Intent
40E-1.6065	Consideration of Intended Agency Decision on Permit Applications
40E-1.607	Permit Application Processing Fees
40E-1.6107	Transfer of Surface Water Management, or Water Use, or Wetland Resource Permit
40E-1.615	Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern
40E-1.659	Forms and Instructions (Repealed)
40E-1.715	Civil Penalty Calculation

PURPOSE:

The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012.  This statute requires the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental permitting (ERP) rules.  DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in SFWMD’s Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, and will necessitate amendments to SFWMD Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, F.A.C., and its existing Basis of Review. Therefore, the purpose of this rule development is to revise or repeal SFWMD’s Chapter 40E-1, F.A.C., rules 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 SFWMD rules by rule amendment, development or repeal as needed to accomplish the establishment of statewide ERP rules on the following subjects: (1) permitting procedures (2) types of permits, (3) permit modifications and transfers, (4) reporting forms and operational requirements, (5) application submittal and review procedures, (6) fee categories, and (7) other rules for which conforming amendments may be needed along with any rule changes to be consistent with Chapter 62-330, F.A.C., and the requirements of Section 373.4131, F.S.

RULEMAKING AUTHORITY:

120.53(1), 218.075, 373.044, 373.109, 373.113, 373.333(1), 373.4131, 373.4135, 373.4136, 373.416, 373.421(2), 373.421(6)(b), 380.051, 668.003, 668.004, 668.50, 695.03, 704.06, F.S.

LAW:

120.53(1), 120.57, 120.60, 120.69, 218.075, 373.083, 373.085, 373.106, 373.107, 373.109, 373.113, 373.116, 373.129, 373.171, 373.209(3), 373.229, 373.309, 373.4131, 373.4135, 373.4136, 373.416, 373.417, 373.421, 373.422, 373.426, 373.429, 373.430, 373.436, Chapter 373 Parts II and IV, 373.603, 380.051, 403.201, 668.003, 668.004, 668.50, 704.06, F.S.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

RELATED STATUTES
AND LAWS:

120.53(1), 218.075, 373.044, 373.109, 373.113, 373.333(1), 373.4131, 373.4135, 373.4136, 373.416, 373.421(2), 373.421(6)(b), 380.051, 668.003, 668.004, 668.50, 695.03, 704.06, F.S., 120.53(1), 120.57, 120.60, 120.69, 218.075, 373.083, 373.085, 373.106, 373.107, 373.109, 373.113, 373.116, 373.129, 373.171, 373.209(3), 373.229, 373.309, 373.4131, 373.4135, 373.4136, 373.416, 373.417, 373.421, 373.422, 373.426, 373.429, 373.430, 373.436, Chapter 373 Parts II and IV, 373.603, 380.051, 403.201, 668.003, 668.004, 668.50, 704.06, 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=40E-1.602&PDate=9/28/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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