12762113, 40C-1.1009 - Florida Administrative Rules, Law, Code, Register

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Notice: 12762113

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ORGANIZATION AND PROCEDURE

Overview

RULE:

40C-1.1009	Emergency Authorization for Activities Regulated Under Part IV of Chapter 373, F.S
40C-1.135	Delegations of Authority
40C-1.602	Licenses or Permits Required
40C-1.603	Permit Fees
40C-1.608	Denial of a License or Permit
40C-1.612	Transfer of Ownership or Permit

PURPOSE:

The purpose and effect of this rulemaking is to amend rules of the St. Johns River Water Management District (District) consistent with section 373.4131, F.S. (2012), which requires the Florida Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permit (ERP) rules.  These rules are to rely primarily upon existing rules of DEP and the 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, F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C.  Some examples of subjects covered in DEP’s rulemaking for Chapter 62-330, F.A.C., include: permitting thresholds; permit exemptions; types of permits; permit fee categories; application and notice content and submittal procedures; procedures for processing ERP applications (including variances and general permits); conditions for issuance; and formal wetland determinations of the landward extent of wetlands and other surface waters.  As part of its rulemaking, DEP also intends to incorporate by reference documents that will be known as an Applicant’s Handbook (AH).  Two volumes of the AH will apply in each WMD: (1) one volume that will include general and environmental criteria and procedures and forms, which volume will apply statewide (AH Volume I); 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 (Applicant’s Handbook, Volume II).  DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate changes to the District’s Chapter 40C-1, F.A.C.  
To make the District’s rules consistent with DEP’s Chapter 62-330, the District proposes the following changes to Chapter 40C-1: (1) amend rule 40C-1.1009 to conform to DEP’s amendments to Chapter 62-330, because systems that currently require a permit under Chapters 40C-4, 40C-40, 40C-42, or 40C-400, F.A.C., will now require a permit under Chapter 62-330; (2) amend rules 40C-1.135 and 40C-1.602 to conform to DEP’s amendments to Chapter 62-330 regarding types of permits and delete references to permit types currently issued pursuant to Chapters 40C-4, 40C-40, 40C-42, or 40C-400 that will become 62-330 permits; (3) amend rule 40C-1.603 to conform to DEP’s amendments to Chapter 62-330 by simplifying ERP fees categories consistent with proposed statewide fees categories, and revising most ERP fees (due to the changes in ERP fees categories) in a manner that will not increase fees (and may reduce fees for certain environmental restoration or stormwater retrofit projects and projects consistent with a conceptual permit), including providing a limited (approximately two years) grandfathering provision for the cost of modifying existing 40C-4, 40C-40, and 40C-42 permits, providing free verification of a noticed exemption for certain minor silvicultural surface water management systems authorized under 62-330.0511, and providing a fee exemption for applications by the U.S. Department of Defense for a permit under Chapter 62-330; (4) amend rule 40C-1.608 to conform to DEP’s amendments to Chapter 62-330 by changing the Applicant’s Handbook reference to the equivalent provision in subsection 10.2.1 of the new Applicant’s Handbook Volume I that will be incorporated by reference in rules 62-330.010(4) and 40C-4.091(1); and (5) amend rule 40C-1.612 to conform to: (a) DEP’s amendments to Chapter 62-330 by deleting references to the transfer of ERPs under Chapters 40C-4, 40C-40, 40C-42, or 40C-400, because ERPs will now be issued pursuant to Chapter 62-330 and the transfer of 62-330 permits will be governed by new rules 62-330.310 and 62-330.340, (b) provide criteria governing the transfer of ERPs under 40C-44, and (c) provide a limited grandfathering provision for the transfer of ERPs issued under Chapters 40C-4, 40C-40, or 40C-42 that pre-date the amendments to Chapter 62-330.  
After DEP’s amendments to Chapter 62-330 become effective, the District will repeal the following four rules that will be superseded by Chapter 62-330, using the procedure described in paragraph 373.4131(2)(c), F.S.: (1) 40C-1.1002 (variances under section 373.414, F.S.); (2) 40C-1.1006 (formal wetland determinations); (3) 40C-1.1013 (processing procedures for noticed general permits); and (4) 40C-1.604 (conceptual approval permit procedures).

SUMMARY:

The proposed rule amendments will: (1) delete or update references to Rule Chapters 40C-4, 40C-40, 40C-42, and 40C-400, and the Applicant’s Handbooks and conform them to the statewide ERP rules; (2) simplify the District’s ERP fees categories and conform them to those in the statewide ERP rules; (3) revise the ERP fee amounts as needed based on the revised fee categories, with the intent of not increasing regulatory costs, provide a fee exemption for applications for a 62-330 permit by the U.S. Department of Defense, provide free verification of a noticed exemption for certain minor silvicultural systems authorized under 62-330.0511, and create a limited grandfathering provision for the fee to modify a 40C-4, 40C-40, or 40C-42 permit; and (4) make other necessary conforming changes to reflect adoption of the statewide ERP rules.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.113, F.S.

LAW:

120.54(5), 120.60, 369.316, 369.318, 373.016(2), 373.085, 373.106, 373.109, 373.118, 373.119, 373.171, 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.418, 373.426, 373.439, 403.812, 403.813 FS.

PRINT PUBLISH DATE:

3/14/2013 Vol. 39/51

COMMENTS:

From 3/14/2013 To 4/4/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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