4533603, 62-113.100 - Florida Administrative Rules, Law, Code, Register

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Notice: 4533603

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

DELEGATIONS

Overview

RULE:

62-113.100

Purpose

PURPOSE:

The rule will repeal the City of Tallahassee’s delegation to review and take agency action on stormwater general permits under Chapter 62-25, F.A.C., on behalf of the Department. This delegation was granted to the City on January 29, 1998, per the Delegation Agreement incorporated by reference in paragraph 62-113.100(2)(o), F.A.C. Upon implementation of the Phase 1 Environmental Resource Permit (ERP) program rules authorized under Section 373.4145, F.S., on October 1, 2007, Chapter 62-25, F.A.C., will no longer be used to authorize new stormwater management systems within the geographic limits of the Northwest Florida Water Management District, which includes the City of Tallahassee. At this time, the City has elected not to pursue delegation of the new ERP program. Therefore, the Department is repealing the Delegation Agreement, effective on the close of business, Friday, September 28, 2007.
Under the terms of the Delegation Agreement, the City will remain responsible for the review and agency action on applications for stormwater general permits that are complete on or before September 28, 2007. The City also will remain responsible for compliance and enforcement for those stormwater discharge systems that were permitted by the City under the terms of the Delegation Agreement. For all other applications for new stormwater management systems that require a permit under the ERP rules authorized under Section 373.4145, F.S., on or after October 1, 2007, the review, agency action, compliance, and enforcement will be the responsibility of either the Department or the Northwest Florida Water Management District, in accordance with the new rules.
The repeal of the Chapter 62-25, F.A.C., stormwater delegation will not change the authority of the City to continue requiring a separate local authorization to construct and operate stormwater management systems within the City after the termination of the Delegation Agreement.

SUMMARY:

The rule will repeal the incorporation by reference in paragraph 62-113.100(2)(o), F.A.C., of the Delegation Agreement #98-1, “Delegation Agreement Concerning Stormwater Between the Department of Environmental Protection and the City of Tallahassee,” signed January 29, 1998.

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:

9/7/2007 Vol. 33/36

COMMENTS:

From 9/7/2007 To 9/28/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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