3959945, 62-113.100 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 3959945

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

DELEGATIONS

Overview

RULE:

62-113.100

Purpose

PURPOSE:

Incorporate by reference updated Operating Agreements Concerning Regulation Under Part IV of Chapter 373, F.S., between the Department and the Suwannee River Water Management District (SRWMD), St. Johns River Water Management District (SJRWMD), Southwest Florida Water Management District (SWFWMD), and South Florida Water Management District (SFWMD). When this rule becomes effective, the updated Operating Agreements will supersede the October 27, 1998, Operating Agreements Concerning Regulation Under Part IV, Chapter 373, F.S., between the Department and the SFWMD [#98-2, as adopted by reference in paragraph 62-113.100(3)(e), F.A.C.], SRWMD [#98-3, as adopted by reference in paragraph 62-113.100(3)(k), F.A.C.], SWFWMD [#98-4, as adopted by reference in paragraph 62-113.100(3)(p), F.A.C.], and SJRWMD [#98-5, as adopted by reference in paragraph 62-113.100(3)(t), F.A.C.].

SUMMARY:

The Operating Agreements between the Department and the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts (Districts) provide a division of responsibility between the Department and each water management district (District) regarding permitting, compliance, and enforcement under Part IV of Chapter 373, F.S., mitigation banking under Sections 373.4135 and 373.4136, F.S., and wetland determinations under Sections 373.421(2) through (5), F.S. The updated Operating Agreements will: (1) clarify the division of responsibilities for activities associated with domestic or industrial wastewater treatment activities and potable water facilities; (2) clarify the types of mining activities that will be retained by the Department; (3) provide for District review and agency action on utility lines that are contained within larger plans of development for which the Districts are otherwise responsible; (4) provide that the South Florida Water Management District will review boat docks associated with residential developments, including where the upland development qualified for a no-notice general permit under Rule 40E-400.315, F.A.C.; (5) return to the Department the responsibility for review and agency action on docking facilities and seawalls within the Mosquito Lagoon, Banana River, and Indian River associated with projects that are otherwise the responsibility of the Department within the St. Johns River Water Management District; (6) provide a revision of the threshold for the Districts to review single family dwelling units, duplexes, triplexes, and quadruplexes associated with four or more contiguous lots under single ownership; (7) revise the division of responsibilities for mitigation banks and Regional Offsite Mitigation Areas; (8) clarify the process for review or transfer of incorrectly submitted applications and modifications of stormwater systems previously authorized under Chapters 17-25 or 62-25, F.A.C.; (9) add an additional provision for Special Case Agreements between the Department and the Districts; (10) eliminate the District’s responsibilities for reviewing and taking agency action on aquaculture activities; and (11) clarify the responsibilities for coordinating compliance and enforcement actions that include violations on state owned submerged lands.
The Agreements will be executed by both the Department and the Districts. Concurrent rulemaking is being conducted by each District to incorporate the updated Agreement into the rules of the respective District.

RULEMAKING AUTHORITY:

373.043, 373.046, 373.418, 403.061 FS.

LAW:

373.026, 373.046, 373.441, 403.061, 403.182 FS.

PRINT PUBLISH DATE:

4/27/2007 Vol. 33/17

COMMENTS:

From 4/27/2007 To 5/18/2007 (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.