4314771, 40D-4.331 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4314771

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.331

Modification of Permits (Repealed)

PURPOSE:

The purpose of the proposed rule amendments is to allow applications to extend the duration of an Environmental Resource Permit (ERP) to be made by letter. Rule amendments also clarify existing language.

SUMMARY:

ERP rules currently allow permittees seeking certain minor modifications to their permits to apply by letter, provided the proposed modification does not: 1) substantially alter the permit authorization; 2) increase the authorized offsite discharge; 3) impact the environmental features of the project; 4) decrease the required retention/detention; 5) decrease the required flood control elevations for roads or buildings; 6) decrease pollution removal efficiency; or 7) renew or extend the permit duration. Letter modifications are processed without an application fee. Permittees seeking to extend their permit duration must submit a formal modification application and fee, and a determination must be made that any completed construction is in compliance with the current permit. The proposed rule amendments will allow applications to extend the duration of an ERP to be made by letter, and eliminate the requirement for a determination of construction compliance with the current permit. Rule amendments also eliminate use of the term “renewal” in favor of the term “extension” to avoid confusion.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.149, 373.171 FS.

LAW:

373.413, 373.416(1), 373.429, 373.805 FS.

PRINT PUBLISH DATE:

7/6/2007 Vol. 33/27

COMMENTS:

From 7/6/2007 To 7/27/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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