12783938, 40B-1.706 - Florida Administrative Rules, Law, Code, Register

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Notice: 12783938

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

GENERAL AND PROCEDURAL RULES

Overview

RULE:

40B-1.706	Fees
40B-1.707	Variances from Specific Rule Criteria for Works of the District Permits
40B-1.7075	Point of Entry into Proceedings and Mediation
40B-1.901	General (Repealed)

PURPOSE:

The purpose and effect of this rulemaking is to amend rules of the Suwannee River Water Management District (District) consistent with section 373.4131, F.S., 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.  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.  DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate changes to the District’s Chapter 40B-1, F.A.C.

SUMMARY:

This proposed rule will update the fees to be consistent with the other WMDs and DEP.  In addition, the proposed rules will add a section which provides the procedures for applicants to apply for a variance for a work of the district and a section that will add the procedures for Point of Entry into Proceedings and Mediation.  Lastly, some of the District’s forms, such as the ERP application will be repealed.

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:

3/22/2013 Vol. 39/57

COMMENTS:

From 3/22/2013 To 4/12/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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