12029375, 40E-40.010 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 12029375

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE STANDARD PERMITS

Overview

RULE:

40E-40.010	Review of Environmental Resource Standard Permit Applications (Repealed)
40E-40.011	Policy and Purpose (Repealed)
40E-40.021	Definitions (Repealed)
40E-40.031	Implementation (Repealed)
40E-40.041	Permit Thresholds (Repealed)
40E-40.042	Standard Permit for Incidental Site Activities (Repealed)
40E-40.051	Standard Permit Authorization (Repealed)
40E-40.061	Delegation of Authority Pertaining to General Environmental Resource Permits, General Surface Water Management Permits and Associated Sovereign Submerged Lands Authorizations (Repealed)
40E-40.091	Publications, Rules and Interagency Agreements Incorporated by Reference (Repealed)
40E-40.101	Content of Permit Application (Repealed)
40E-40.141	Request for Additional Information (Repealed)
40E-40.302	Conditions for Issuance of Permits (Repealed)
40E-40.321	Duration of Permits (Repealed)
40E-40.331	Modification of Permits (Repealed)
40E-40.341	District Revocation or Modification of Permits (Repealed)
40E-40.351	Transfer of Permits (Repealed)
40E-40.381	General Conditions (Repealed)
40E-40.391	Forms and Instructions (Repealed)
40E-40.407	Permit Application Processing Fees (Repealed)

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.  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 Section 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C.  Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions. Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; and formal determinations of the landward extent of wetlands and other surface waters. 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 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 rules 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 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 to be consistent with Chapter 62-330, F.A.C., and the requirements of Section 373.4131, F.S.

RULEMAKING AUTHORITY:

120.53(1), 120.54, 120.60, 373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.413(1), 373.4131, 373.414, 403.812, F.S.

LAW:

120.52(16), 120.53, 120.54, 120.60, 373.016, 373.019, 373.046, 373.085, 373.103, 373.106, 373.116, 373.117, 373.118, 373.229, 373.403, 373.406(5), 373.413, 373.4131, 373.414, 373.416, 373.419, 373.426, 373.427, 373.429, Chapter 373 Part IV, F.S.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

RELATED STATUTES
AND LAWS:

120.53(1), 120.54, 120.60, 373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.413(1), 373.4131, 373.414, 403.812, F.S., 120.52(16), 120.53, 120.54, 120.60, 373.016, 373.019, 373.046, 373.085, 373.103, 373.106, 373.116, 373.117, 373.118, 373.229, 373.403, 373.406(5), 373.413, 373.4131, 373.414, 373.416, 373.419, 373.426, 373.427, 373.429, Chapter 373 Part IV, 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-40.010&PDate=9/28/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.