12950099, 62-113.100 - Florida Administrative Rules, Law, Code, Register

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Notice: 12950099

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

DELEGATIONS

Overview

RULE:

62-113.100

Purpose

PURPOSE:

This rulemaking will incorporate the revised “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection” into Rule 62-113.100, where the Department has incorporated similar agreements. The Agreement needs to be moved from where it is currently incorporated by reference in subsection 62-346.030(33), F.A.C., to another chapter that will remain in effect if Chapter 62-346, F.A.C., is repealed upon the effective date of the statewide environmental resource permit rule Chapter 62-330, F.A.C.
In addition, the Agreement is being updated to, most notably: (1) remove the current requirement for the Department to review and take agency action, including enforcement and compliance involving dredging, filling, or construction in, on, or over five or more acres of wetlands or other surface waters; (2) provide that the Department will be responsible for review and take agency action, including enforcement and compliance of projects submitted by, or on behalf of, named military installations within the Northwest Florida Water Management District (NWFWMD); and (3) provide that the NWFWMD will be responsible for review and final action on petitions for formal determinations under Section 373.421, F.S., filed by entities regarding properties on which they propose to undertake activities for which the NWFWMD would have permitting responsibility under this Agreement.

SUMMARY:

The rule will update the division of responsibilities between the Department and the NWFWMD regarding review and agency action on activities regulated under Part IV of Chapter 373, F.S., including permitting, compliance, enforcement, and formal determinations of the landward extent of wetlands and other surface waters. The rule also will result in the updated Agreement being incorporated by reference in Chapter 62-113, F.A.C., instead of in Chapter 62-346, F.A.C.
OTHER RULES INCORPORATING THIS RULE: Rule 18-21.0051, F.A.C., 62-113.200, F.A.C., 62-342.850, F.A.C., 62-343.020, F.A.C.
EFFECT ON THOSE OTHER RULES: None.

RULEMAKING AUTHORITY:

373.043, 373.046, 373.418, 373.441, 403.061 FS.

LAW:

373.026, 373.046, 373.109, 373.441, 403.061, 403.182 FS.

PRINT PUBLISH DATE:

5/2/2013 Vol. 39/86

COMMENTS:

From 5/2/2013 To 5/23/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-02670 Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection

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