12789176, 40E-40.010 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12789176

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE STANDARD PERMITS

Overview

RULE:

40E-40.010	Review of Environmental Resource Standard Permit Applications (Repealed)
40E-40.011	Policy and Purpose (Repealed)
40E-40.021	Definitions (Repealed)
40E-40.031	Implementation (Repealed)
40E-40.041	Permit Thresholds (Repealed)
40E-40.042	Standard Permit for Incidental Site Activities (Repealed)
40E-40.051	Standard Permit Authorization (Repealed)
40E-40.061	Delegation of Authority Pertaining to General Environmental Resource Permits, General Surface Water Management Permits and Associated Sovereign Submerged Lands Authorizations (Repealed)
40E-40.091	Publications, Rules and Interagency Agreements Incorporated by Reference (Repealed)
40E-40.101	Content of Permit Application (Repealed)
40E-40.141	Request for Additional Information (Repealed)
40E-40.302	Conditions for Issuance of Permits (Repealed)
40E-40.321	Duration of Permits (Repealed)
40E-40.331	Modification of Permits (Repealed)
40E-40.341	District Revocation or Modification of Permits (Repealed)
40E-40.351	Transfer of Permits (Repealed)
40E-40.381	General Conditions (Repealed)
40E-40.391	Forms and Instructions (Repealed)
40E-40.407	Permit Application Processing Fees (Repealed)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 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, 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 result in these rules becoming duplicative and unnecessary.

SUMMARY:

The proposed rules will be repealed as the substance will be addressed in Chapter 62-330, F.A.C.

RULEMAKING AUTHORITY:

120.53(1), 120.54, 120.60, 373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.413(1), 373.4131, 373.414, 403.812, F.S.

LAW:

120.52(16), 120.53, 120.54, 120.60, 373.016, 373.019, 373.046, 373.085, 373.103, 373.106, 373.116, 373.117, 373.118, 373.229, 373.403, 373.406(5), 373.413, 373.4131, 373.414, 373.416, 373.419, 373.426, 373.427, 373.429, Chapter 373 Part IV, 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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