12029569, 40E-400.010 - Florida Administrative Rules, Law, Code, Register

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Notice: 12029569

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

NO NOTICE AND NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40E-400.010	Review of No Notice and Noticed General Environmental Resource Permit Applications (Repealed)
40E-400.021	Definitions (Repealed)
40E-400.201	Policy and Purpose (Repealed)
40E-400.211	Processing Procedures for Noticed General Permits (Repealed)
40E-400.215	General Conditions for All No Notice and Noticed General Permits (Repealed)
40E-400.315	No Notice General Permit for Activities in Uplands (Repealed)
40E-400.316	No Notice General Permit for Road Grading and Pavement Resurfacing (Repealed)
40E-400.417	General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks (Repealed)
40E-400.427	General Permit for Certain Piers and Associated Structures (Repealed)
40E-400.431	General Permit for Installation of Riprap (Repealed)
40E-400.437	General Permit for the Installation of Fences (Repealed)
40E-400.439	General Permit for the Construction or Maintenance of Culverted Driveways or Roadway Crossings and Bridges of Artificial Waterways (Repealed)
40E-400.443	General Permit for Minor Bridge Alteration, Replacement, Maintenance and Operation (Repealed)
40E-400.447	General Permit for Minor Activities Within Existing FDOT Rights-of-Way or Easements (Repealed)
40E-400.453	General Permit for the Installation, Maintenance, Repair or Removal of Underground Cables, Conduits, or Pipelines (Repealed)
40E-400.455	General Permit for the Construction of Aerial Pipeline, Cable, or Conduit Crossings of Certain Waters (Repealed)
40E-400.457	General Permit for Subaqueous Utility Crossings of Artificial Waterways (Repealed)
40E-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and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
40E-400.467	General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
40E-400.470	Noticed General Permit for Temporary Agricultural Activities (Repealed)
40E-400.475	General Permit for Minor Activities (Repealed)
40E-400.483	General Permit to the Department to Conduct Minor Activities (Repealed)
40E-400.485	General Permit to the Department for Environmental Restoration or Enhancement Activities (Repealed)
40E-400.487	General Permit to the Department to Change Operating Schedules for Department or District Water Control Structures (Repealed)
40E-400.495	General Permit to U.S. Forest Service for Minor Works within National Forests (Repealed)
40E-400.500	General Permit for Construction, Operation, Maintenance, Alteration, Removal or Abandonment of Minor Silvicultural Surface Water Management Systems (Repealed)
40E-400.900	Forms and Instructions (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:

120.54(5), 120.60, 373.044, 373.113, 373.118, 373.171, 373.406, 373.4131, 403.067(7)(d), 403.813, 403.814, 668.003, 668.004, 668.50, F.S.

LAW:

120.54(5), 120.60, 373.109, 373.118, 373.119, 373.406, 373.413, 373.4131, 373.416, 373.418, 373.423, 373.426, 403.067(7)(d), 668.003, 668.004, 668.50, F.S.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

RELATED STATUTES
AND LAWS:

120.54(5), 120.60, 373.044, 373.113, 373.118, 373.171, 373.406, 373.4131, 403.067(7)(d), 403.813, 403.814, 668.003, 668.004, 668.50, F.S., 120.54(5), 120.60, 373.109, 373.118, 373.119, 373.406, 373.413, 373.4131, 373.416, 373.418, 373.423, 373.426, 403.067(7)(d), 668.003, 668.004, 668.50, 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-400.010&PDate=9/28/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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