16811184, 40C-1.1008 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16811184

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ORGANIZATION AND PROCEDURE

Overview

RULE:

40C-1.1008	Timeframe for Providing Requested Information
40C-1.135	Delegations of Authority
40C-1.603	Permit Fees
40C-1.612	Transfer of Ownership or Permit

PURPOSE:

The purposes and effects of the proposed rule amendments are to amend the rules of the St. Johns River Water Management District (District) to: (1) update the positions that are delegated authority in 40C-1.135(2), after a recent reorganization that renamed or deleted several positions; (2) ensure consistency with the statewide environmental resource permit (ERP) rules adopted in Chapter 62-330, F.A.C., pursuant to Section 373.4131, F.S. (2012); (3) amend the fees for certain ERPs to more closely approximate the fees before Chapter 62-330, F.A.C. became effective on October 1, 2013; and (4) create a new fee category for renewal of certain expired formal determinations of the landward extent of wetlands and other surface waters. More specifically, the amendments will: (1) revise Rule 40C-1.135(2), F.A.C., by updating the positions that are delegated authority to review and take final agency action on certain applications to use sovereign submerged lands; (2) revise Rule 40C-1.1008, F.A.C., by changing the timeframe for any permit applicant to respond to a request for additional information (RAI) from 120 days down to 90 days to ensure consistency with the statewide ERP timeframe, expand the rule to also cover petitions for variances, waivers, and formal determinations, and create a new procedure for administrative denials; (3) revise Rule 40C-1.603, F.A.C. by creating new fees subcategories in paragraphs 40C-1.603(3)(a)1.a.-b., 40C-1.603(3)(e)2., and 40C-1.603(3)(a)7., and decreasing the fees in sub-sub paragraphs 40C-1.6003(3)(a)1.b., 40C-1.603(3)(a)5.-7. and paragraphs 40C-1.603(3)(d)-(e) so that the fees for those ERPs and ERP modifications would more closely approximate the lower fees that had been charged before Chapter 62-330, F.A.C. became effective on October 1, 2013, clarifying the fees in subparagraphs 40C-1.603(3)(d)1.-3. and 40C-1.603(3)(e)3., creating a new fee category in paragraph 40C-1.603(7)(f) for renewal of certain expired formal determinations, clarifying in subsection 40C-1.603(11) that the permit fee for letter modifications of ERPs issued before October 1, 2013 shall continue to be the fee that applied before Chapter 62-330, F.A.C. became effective on October 1, 2013; and (4) revise Rule 40C-1.612, F.A.C. by clarifying that paragraph 40C-1.612(2)(a) applies to transfers that do not involve a conversion of a construction permit for a 40C-44 system or activity to its operation phase, and changing the timeframes in paragraphs 40C-1.612(5)(a)-(b) for a permittee (who requests a permit transfer) to respond to a request for additional information about the transfer request from 120 days down to 90 days to be consistent with the proposed change to Rule 40C-1.1008, F.A.C.

SUMMARY:

The proposed rule amendments would: (1) update the positions that are delegated authority in 40C-1.135(2), after a recent reorganization; (2) expand Rule 40C-1.1008, F.A.C. to apply to petitions for variance, waiver, and formal determination; (3) shorten the timeframe to respond to a request for additional information regarding a permit application or petition and create a new procedure for administrative denials; (4) revise and restructure fees rule to lower certain ERP fees to more closely approximate the fees charged before the statewide ERP rules became effective on October 1, 2013; (5) clarify fees rules; (6) create a new fee category for certain renewals of expired formal determinations; (7) shorten the timeframe to respond to a request for additional information regarding a permit transfer request (consistent with the change to Rule 40C-1.1008, F.A.C.); and (8) clarify the scope of paragraph 40C-1.612(2)(a).

RULEMAKING AUTHORITY:

120.54(5), 120.542, 373.044, 373.109, 373.113, 373.421(2), FS.

LAW:

120.54(5), 120.542, 120.60, 373.016, 373.083, 373.103, 373.109, 373.113, 373.118, 373.171, 373.309, 373.413, 373.4131, 373.414(17), 373.416, 373.421(2), 373.426, 373.429, 373.436, FS.

PRINT PUBLISH DATE:

11/24/2015 Vol. 41/228

COMMENTS:

From 11/24/2015 To 12/15/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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