12770261, 40E-0.113 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12770261

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE

Overview

RULE:

40E-0.113

Variances from Specified Review Criteria for Environmental Resource Permits (Repealed)

PURPOSE:

The purpose and effect of this rulemaking is to amend rules of the South Florida 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62-330, F.A.C., will include provisions currently addressed in Rule 40E-0.113, F.A.C. Therefore, this rule must be repealed to avoid redundancy or inconsistency with DEP's adoption of statewide ERP rules in Chapter 62-330, F.A.C.

SUMMARY:

This rule is proposed for repeal as its substance will be addressed in Chapter 62-330, F.A.C.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171, 373.414(17), F.S.

LAW:

373.079, 373.083, 403.201, F.S.

PRINT PUBLISH DATE:

4/10/2013 Vol. 39/70

COMMENTS:

From 4/10/2013 To 5/1/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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