16290585, 62-45.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 16290585

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS

Overview

RULE:

62-45.001	Authority, Intent and Policy (Repealed)
62-45.020	Scope (Repealed)
62-45.030	Prohibitions (Repealed)
62-45.040	Definitions (Repealed)
62-45.050	Permit Requirement (Repealed)
62-45.060	Procedure to Obtain Permit (Repealed)
62-45.070	Phase I (Repealed)
62-45.080	Phase II (Repealed)
62-45.090	Malfunctions or Emergencies (Repealed)
62-45.100	Suspension and Revocation (Repealed)
62-45.110	Modifications (Repealed)
62-45.120	Renewals (Repealed)
62-45.130	Liabilities (Repealed)
62-45.140	Transfer of Permit (Repealed)
62-45.150	General Technical Guidance (Repealed)
62-45.160	Standards for Issuance or Denial of a Permit (Repealed)
62-45.170	Sediment Criteria and Management Practices (Repealed)
62-45.180	Mixing Zones (Repealed)
62-45.190	Port-Wide Long-Term Maintenance Dredged Material Management Plan (Repealed)

PURPOSE:

The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY:

Rule 62-45.001 describes the authority and intent of Chapter 62-45 to establish a permitting system for maintenance dredging in deep water commercial navigation areas. Rule 62-45.020 specifies that the permit system established under Chapter 62-45 applies only to ports of Ft. Pierce, Jacksonville, Miami, Palm Beach, Panama City, Pensacola, Port Canaveral Port Everglades, Port Manatee, Port St. Joe, St. Petersburg, and Tampa. Rule 62-45.030 describes the prohibitions imposed in Chapter 62-45. Rule 62-45.040 provides definitions for terms used in Chapter 62-45. Rule 62-45.050 specifies that unless exempt, maintenance dredging within port waters shall not be undertaken without a permit issued under Chapter 62-45 or Chapter 62-4. Rule 62-45.060 describes the procedures used to obtain a permit for maintenance dredging. Rule 62-45.071 describes the monitoring and recordkeeping requirements of Phase I of the permit. Rule 62-45.080 describes the permit conditions of Phase II of the permit. Rule 62-45.090 states that any malfunction of equipment or structures associated with permitted maintenance dredging, maintenance dredging material transportation, or storage resulting in violation of the permit or of water quality standards must be reported to the Department within 24 hours of the violation. Rule 62-45.100 describes the grounds for suspension or revocation of the permit. Rule 62-45.110 specifies the process for requesting a modification of the permit. Rule 62-45.120 states that a permit issued under Chapter 62-45 may not be renewed; however, a permittee may apply for a new permit. Rule 62-45.130 specifies that the permittee is responsible for implementing all terms and conditions of the permit and is liable for any permit violations. Rule 62-45.140 specifies that a permit may not be transferred without written authorization by the Department. Rule 62-45.150 provides general technical guidance for data acquisition, analysis and reporting in connection with the permit. Rule 62-45.160 provides a description of the standards to determine issuance or denial of a permit. Rule 62-45.170 provides criteria to be used in evaluation of maintenance dredging and disposal practices. Rule 62-45.180 specifies the standards by which the Department may propose or approve of mixing zones. Rule 62-45.190 describes the requirements for developing a Port-Wide Long-Term Maintenance Dredged Material Management Plan. These rules are being repealed because the statutory exemption in 403.813(3) has replaced the need for a port maintenance dredging permit or, if necessary, permitting could be accomplished under the Department’s Environmental Resource Permitting Program. Chapter 62-45 is incorporated by reference in Rules 62-4.050, 62-312.200, 62-330.100, 62-312.050, and 62-312.082. Those rule sections will have to be updated to remove the references to Chapter 62-45.

RULEMAKING AUTHORITY:

403.061, 403.087, 403.805, Florida Statutes

LAW:

403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.151, 403.161, 403.816, 403.901-403.915, Florida Statutes

PRINT PUBLISH DATE:

9/11/2015 Vol. 41/177

COMMENTS:

From 9/11/2015 To 10/2/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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