12763471, 40C-41.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12763471

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

SURFACE WATER MANAGEMENT BASIN CRITERIA

Overview

RULE:

40C-41.011	Policy and Purpose
40C-41.023	Basin Boundaries
40C-41.043	Application of Chapter
40C-41.051	Exemptions
40C-41.063	Conditions for Issuance of Permits

PURPOSE:

By notice published in the Florida Administrative Weekly on August 24, 2012, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S.  Section 373.4131, F.S. became effective on July 1, 2012, and requires the Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop statewide environmental resource 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 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C.  As part of its rulemaking, DEP intends to incorporate by reference documents to be known collectively 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 (Volume I) and (2) a second volume specific to, and adopted by, the WMD that will include, among other things, basin specific rules within the WMD (Volume II).  These volumes will replace the SJRWMD’s existing  handbooks.
Section 62-330.301 as proposed by DEP will require applicants to show that a regulated activity complies with any applicable special basin or geographic criteria established in the rules of the WMD where a regulated activity is proposed.  Within SJRWMD, applicants for an environmental resource permit must, therefore,  show that their proposed activity complies with Chapter 40C-41 and applicable sections of Volume I and SJRWMD’s Volume II.  The purposes of the proposed rule amendments to  Chapter 40C-41 are to: (1) delete or update references  to rule chapters 40C-4, 40C-40, 40C-42 and 40C-400 and to sections of SJRWMD’s existing handbooks, that will be superseded by Chapter 62-330 and by Volume I and SJRWMD’s Volume II; and (2) make any other necessary changes to reflect adoption of statewide ERP rules.  None of the proposed amendments are designed to change the substantive requirements of SJRWMD’s special basin criteria.

SUMMARY:

The proposed rule amendments would revise references to Chapters 40C-4, 40C-40, 40C-400 and 40C-42 to reference the applicable provision in Chapter 62-330 and revise references to the SJRMWD’s existing  handbooks so that the rules reference Volume I or SJRWMD’s Volume II, as applicable.  The proposed amendments do not incorporate by reference sections of Volume I because these sections will be incorporated by reference in chapter 62-330 and, pursuant to section 373.4131(2)(a), F.S., SJRWMD must implement the amendments to chapter 62-330 without further rulemaking.

RULEMAKING AUTHORITY:

369.318, 373.044, 373.113, 373.171, 373.4131, 373.415, 373.418, F.S.

LAW:

369.316, 369.318, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461, F.S.

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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