12029472, 40E-41.011 - Florida Administrative Rules, Law, Code, Register

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Notice: 12029472

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA

Overview

RULE:

40E-41.011	Policy and Purpose
40E-41.043	Application of Part I
40E-41.053	Exemptions
40E-41.063	Conditions for Issuance of Permits in the Western Canal 9 Basin
40E-41.143	Application of Part II
40E-41.160	Content of Application
40E-41.243	Application of Part III
40E-41.260	Content of Application
40E-41.263	Conditions for Issuance of Permits in the C-51 Basin
40E-41.333	Implementation (Repealed)
40E-41.343	Application of Part IV
40E-41.363	Conditions for Issuance of Permits in the Water Preserve Area, Water Preserve Area Basin, or Adjacent to the Protective Levees

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.  To implement Section 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C.  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 SFWMD’s Chapter 40E-41, F.A.C., rules to be consistent with DEP’s adoption of statewide ERP rules in Chapter 62-330, F.A.C.  This will primarily be done by revising rule citations to reflect 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 consistency with the statewide ERP rules on the following subjects: (1) rule citations, and (2) 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:

373.044, 373.113, 373.4131, F.S.

LAW:

373.085, 373.086, 373.413, 373.4131, 373.416, 373.426, F.S.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.4131, F.S., 373.085, 373.086, 373.413, 373.4131, 373.416, 373.426, 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-41.011&PDate=9/28/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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