12794899, 40E-41.011 - Florida Administrative Rules, Law, Code, Register

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Notice: 12794899

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA

Overview

RULE:

40E-41.011	Policy and Purpose
40E-41.043	Application of Part I
40E-41.053	Exemptions
40E-41.063	Conditions for Issuance of Permits in the Western Canal 9 Basin
40E-41.143	Application of Part II
40E-41.160	Content of Application
40E-41.243	Application of Part III
40E-41.260	Content of Application
40E-41.263	Conditions for Issuance of Permits in the C-51 Basin
40E-41.333	Implementation (Repealed)
40E-41.343	Application of Part IV
40E-41.363	Conditions for Issuance of Permits in the Water Preserve Area, Water Preserve Area Basin, or Adjacent to the Protective Levees

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 necessitate changes to the District's Chapter 40E-41, F.A.C.

SUMMARY:

The proposed rule amendments delete provisions that will be included in, or made obsolete by, Chapter 62-330, F.A.C., inserts cross references to Chapter 62-330, F.A.C., deletes cross references to Title 40E rules that are being repealed, and deletes provisions on ratios made obsolete by the adoption of Uniform Mitigation Assessment rules in Chapter 62-330, F.A.C.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.4131, F.S.

LAW:

3.085, 373.086, 373.413, 373.4131, 373.416, 373.426, 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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