18034354, 40E-61.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18034354

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

NORTHERN EVERGLADES BASINS

Overview

RULE:

40E-61.011	Policy and Purpose (Repealed)
40E-61.020	Scope of Part I (Repealed)
40E-61.021	Definitions (Repealed)
40E-61.023	Basin and Sub-Basin Boundaries (Repealed)
40E-61.024	Works of the District within the Lake Okeechobee Basin (Repealed)
40E-61.031	Implementation (Repealed)
40E-61.041	Permits Required (Repealed)
40E-61.042	General Permits for Use of Works of the District Within the Lake Okeechobee Basin (Repealed)
40E-61.051	Exemptions (Repealed)
40E-61.101	Content of Application for Individual and Collective Permits (Repealed)
40E-61.201	Permit Application Processing Fee (Repealed)
40E-61.301	Conditions for Issuance for Individual and Collective Permits (Repealed)
40E-61.321	Duration of Permits (Repealed)
40E-61.331	Modification (Repealed)
40E-61.351	Transfer (Repealed)
40E-61.381	Limiting Conditions (Repealed)

PURPOSE:

By November 1 of each year, the District is required by statute to publish a notice of rule development for items in its Regulatory Plan resulting from new laws. In 2016, the Florida Legislature amended Section 373.4595, Florida Statutes (F.S.), the Northern  Everglades and Estuaries Protection Program (NEEPP), directing the District and FDEP to provide a water quality monitoring program for nonpoint source  dischargers not implementing Best Management Practices in the Northern Everglades Watersheds, as required by Section 403.067, F.S. Specifically, NEEPP directs the District to amend Chapter 40E-61, Florida Administrative Code (F.A.C.) and to adopt new rules. The existing rules govern specified basins within the  District which are integral to operation, maintenance, and protection of District water resources. The rules name and adopt “Works of the District” canals, water control structures, rights-of-way, lakes and streams, and other water resources for which the District has responsibility or owns. The rules establish criteria to ensure that use of or connection to the named works or lands are compatible with the District’s ability to carry out the objectives of legislative declarations of policy in Sections 373.016 and 373.451 - 373.4595, F.S. The rules will be amended to be consistent with FDEP’s rulemaking efforts resulting from NEEPP  directives. As this will be a multi-agency coordination effort with multiple aligning procedural steps, formal activities associated with this effort are anticipated to begin no earlier than January 2017.

SUBJECT:

Northern Everglades and Estuaries Protection Program

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 668.003, 668.004, 668.50, F.S.

LAW:

373.016, 373.085, 373.086, 373.109, 373.451, 373.453, 373.4595, 668.003, 668.004, 668.50, F.S.

PRINT PUBLISH DATE:

11/1/2016 Vol. 42/213

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118, 668.003, 668.004, 668.50, F.S., 373.016, 373.085, 373.086, 373.109, 373.451, 373.453, 373.4595, 668.003, 668.004, 668.50, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40E-61.011&PDate=11/1/2016&Section=1

REFERENCE MATERIALS:

No reference(s).

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