12795578, 40B-4.1020 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12795578

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

WORKS OF THE DISTRICT PERMITS

Overview

RULE:

40B-4.1020	Definitions
40B-4.1030	Implementation
40B-4.1040	Permits Required
40B-4.1050	Permit Fees (Repealed)
40B-4.1060	Recognition of Comparable Regulatory Programs
40B-4.1070	Exemptions
40B-4.1090	Documents, Publications and Agreements Incorporated by Reference
40B-4.1100	Duration of Permits
40B-4.1110	Modification of Permits
40B-4.1120	Revocation of Permits
40B-4.1130	Transfer of Permits
40B-4.1140	Limiting Conditions on Permits
40B-4.1150	Emergency Authorization
40B-4.1170	Inspections and Enforcement
40B-4.2010	General Environmental Resource Permits (Repealed)
40B-4.2020	Content of Environmental Resource Permit Application (Repealed)
40B-4.2030	Conditions for Issuance of Environmental Resource Permits (Repealed)
40B-4.2035	Minimum Operation and Maintenance Entity Requirements (Repealed)
40B-4.2040	Minimum Operation and Maintenance Standards (Repealed)
40B-4.3000	Adopted Works of the District
40B-4.3010	Works of the District Permits
40B-4.3020	Content of Works of the District Permit Applications
40B-4.3030	Conditions for Issuance of Works of the District Permits
40B-4.3035	Minimum Operation and Maintenance Standards
40B-4.3040	Unlawful Use of Works of the District

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-4, F.A.C.

SUMMARY:

This proposed rule will repeal and remove all ERP rules and references.  40B-4.2010 which listed the types of environmental ppermits will be repealed.  40B-4.2020 which listed the content of the Envormnetal permit application will be repealed.  40B-4.2030 which listed the conditions of issuance will be repealed. 40B-4.2035 which list the typs of Operation and maintenance entities will be repealed.  40B-4.2040 which listed the minimum operation andmaintenance requirements will be repealed.  40B-4, F.A.C. will become strictly a Works of the District rule.

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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