12978714, 62-4.001 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 12978714

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

PERMITS

Overview

RULE:

62-4.001	Scope of Part I
62-4.050	Procedures to Obtain Permits and Other Authorizations; Applications
62-4.200	Scope of Part II

PURPOSE:

The fees charged by the Department (DEP) to process applications, notices, and petitions for environmental resource permit (ERP) activities regulated under Part IV of Chapter 373, F.S., are being amended. These amendments will be made in paragraphs 62-4.050(4)(h) and (i), F.A.C. These amendments are made in conjunction with amendments to Chapter 62-330, F.A.C., to implement the statewide environmental resource permit (SWERP) rule authorized by Section 373.4131, F.S. The processing fees apply to both DEP and the Northwest Florida Water Management District (NWFWMD) for applications, notices, and petitions processed by either Agency within the NWFWMD. The fees also will apply to DEP statewide when it is responsible for the review and agency action on an ERP activity; separate rulemaking to amend processing fees has been noticed by the water management districts when they are responsible for the review and agency action on an ERP activity in accordance with the Operating Agreements incorporated by reference between the agencies in Chapters 62-113 and (currently) 62-346, F.A.C. Overall, the rule amendments will simplify the ERP processing fee schedule (to make it easier for staff and the public to determine the correct processing fee), while keeping the overall fees collected as revenue-neutral as possible (although fees for some activities will decrease, while others will increase). The proposed minor revisions to Rules 62-4.001 and 62-4.200, F.A.C., are necessary to account for the repeal of rules under Chapters 62-343 and 62-346, F.A.C. that will occur concurrently with the SWERP rulemaking.

SUMMARY:

Amended processing fees for applications, notices, and petitions for ERP permits, mitigation bank permits, formal determinations of the landward extent of wetlands and other surface waters, requests for verification of exemptions and general permits, modifications, and variances. Amending Rules 62-4.001 and 62-4.200, F.A.C., to remove references to Chapters 62-343 and 62-346, F.A.C., which will be repealed.
OTHER RULES INCORPORATING THIS RULE:  40C-1.603, 40D-1.607, 40E-1.607, 62-4.052, 62-4.053, 62-4.080, 62-45.110, 62-110.107, 62-113.200, 62-210.300, 62-210.310, 62-210.900, 62-213.420, 62-330.201, 62-343.020, 62-343.070, 62-343.090, 62-343.100, 62-343.130, 62-346.071, 62-528.300, 62-528.440, 62-528.455, 62-528.630, 62-555.401, 62-555.405, 62-555.520, 62-555.528, 62-555.536, 62-604.600, 62-620.100, 62-620.310, 62-620.320, 62-620.325, 62-620.335, 62-620.710, 62-621.300, 62-621.500, 62-624.100, 62-624.300, 62-640.300, 62-673.310, 62-673.320, 62-701.315, 62-701.320, 62-709.300, 62-710.800, 62-711.300, 62-730.220, 62-737.800, and 62B-49.006, F.A.C.
EFFECT ON THOSE OTHER RULES:  The proposed revisions to Rules 62-4.001 and 62-4.200, F.A.C. will not affect other rules, but will simply update references to the ERP program which, under SWERP, will be governed under Chapter 62-330, rather than Chapters 62-343 and 62-346, F.A.C. The proposed revisions will have no effect upon Rules 62-4.053 and 62-4.080, or upon Rules under Chapters 62-45, 62-110, 62-210, 62-213, 62-528, 62-555, 62-604, 62-620, 62-621, 62-624, 62-640, 62-673, 62-701, 62-709, 62-710, 62-711, 62-730, or 62-737, F.A.C., which are not directly related to the ERP program. Chapters 62-343 and 62-346, F.A.C., will be repealed upon the effective date of the SWERP rule, so there will be no effect on applications, notices, and petitions under that chapter that are complete as of that effective date. Applicants who submitted an application under either of those chapters, but have not had their application deemed complete by DEP, as well as permittees under those chapters who propose a major modification to their permit will be subject to permitting under Chapter 62-330, F.A.C., and the new fees as adopted under the proposed amendments to Rule 62-4.050, F.A.C. Water Management District (WMD) Rules 40C-1.603, 40D-1.607, 40E-1.607, F.A.C., containing references to Rule 62-4.050 will be amended by each WMD, under separate rulemaking, which will also become effective concurrently with the SWERP rules under Chapter 62-330, F.A.C. Therefore the proposed revisions to Chapter 62-4, F.A.C., will not affect the operation of those rules. Applicants who submitted an application under Chapter 62B-49, F.A.C., but have not had their application deemed complete by DEP as of the effective date of the SWERP rule, as well as permittees under that chapter who propose a major modification to their permit will be subject to the new fees as adopted under the proposed amendments to Rule 62-4.050, F.A.C.

RULEMAKING AUTHORITY:

373.026, 373.043, 373.044, 373.109, 373.113, 373.4131, 373.414, 373.4145, 373.418, 373.421, 403.021, 403.031, 403.061, 403.087, 403.088, 403.704(30), 403.805 FS.

LAW:

373.026, 373.044, 373.109, 373.309, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.021, 403.031, 403.061, 403.087, 403.0877, 403.088, 403.0885, 403.722, 403.861(7) FS.

PRINT PUBLISH DATE:

5/8/2013 Vol. 39/90

COMMENTS:

From 5/8/2013 To 5/29/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.