3851790, 62-4.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 3851790

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

PERMITS

Overview

RULE:

62-4.001	Scope of Part I
62-4.200	Scope of Part II
62-4.510	Scope of Part III

PURPOSE:

The proposed rule amends the scope sections within each of the three Parts of Chapter 62-4, F.A.C., as part of concurrent rulemaking that will implement a new environmental resource permitting (ERP) program in the geographical area of the Northwest Florida Water Management District, generally referred to as the “Panhandle.” The new ERP program is authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. A new rule Chapter 62-346, F.A.C., is being proposed through separate rulemaking to implement the Phase I of a new ERP program in the Panhandle. The proposed rule amendments to Chapter 62-4, F.A.C., in conjunction with the proposed Chapter 62-346, F.A.C., will modify the applicability of certain provisions of Chapter 62-4, F.A.C., which will apply to the proposed stormwater management systems in the Panhandle under Section 373.4145(1), F.S. Provisions that will continue to apply include the definitions in Rule 62-4.020, F.A.C., and the water quality provisions in Rules 62-4.242 through 62-4.244, F.A.C., related to anti-degradation, Outstanding Florida Waters, exemptions from water quality criteria, and mixing zone criteria. Most of the other provisions in Chapter 62-4, F.A.C., including those related to fees and general conditions applicable to general permits, are either addressed in Chapter 62-346, F.A.C., or are not applicable to the ERP program, and therefore are not applicable to the ERP program. However, the proposed rule will preserve the applicability of Chapter 62-4, F.A.C., to wetland resource, stormwater, and management and storage of surface water programs grandfathered under Sections 373.414 and 373.4145(6), F.S.
OGC No.: 06-1119 (formerly Docket No. 02-01R)

SUMMARY:

The proposed rule amendments will amend the scope sections in each of the three Parts of Chapter 62-4, F.A.C., which currently provide that all of the provisions of Chapter 62-4, F.A.C., are generally applicable to stormwater and wetland resource permit activities regulated under Part IV of Chapter 373, F.S., within the Panhandle. The proposed rule, together with the concurrent adoption of Chapter 62-346, F.A.C., will identify only a limited number of provisions of Chapter 62-4, F.A.C., which will apply to the proposed Phase I ERP program in the Panhandle. However, the amendments will preserve the applicability of the three Parts to wetland resource, stormwater, and management and storage of surface waters activities grandfathered under Sections 373.414(11), (12)(a), (13), (14), (15), (16) and 373.4145(6), F.A.C.
This rulemaking is associated with the concurrent proposed adoption of Chapter 62-346 and amendments to Chapter 62-341, F.A.C., which are being published separately.

RULEMAKING AUTHORITY:

373.4145 FS.

LAW:

373.4145 FS.

PRINT PUBLISH DATE:

3/9/2007 Vol. 33/10

COMMENTS:

From 3/9/2007 To 3/30/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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