4654659, 40E-4.091 - Florida Administrative Rules, Law, Code, Register

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Notice: 4654659

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40E-4.091

Publications, Rules and Interagency Agreements Incorporated by Reference

PURPOSE:

To incorporate by reference the delegation agreement between the South Florida Water Management District and Collier County for a portion of the Environmental Resource Permitting Program. The agreement delegates to Collier County the authority to review and issue environmental resource permits in uplands within the designated boundaries of delegation within Collier County. Activities requiring a Joint Coastal Permit, sovereignty submerged lands, mining, electrical distribution lines, natural gas or petroleum distribution lines within the permitting responsibility of the District; mitigation banks, and certain other activities will not be delegated to the County and will remain with the South Florida Water Management District.

SUBJECT:

The Agreement delegates to Collier County, certain permitting, compliance and enforcement responsibilities within the geographic area of Collier County, under authority in Sections 373.103(8) and 373.441, F.S., associated with implementation of the Environmental Resource Permit (ERP) Program under Part IV, Chapter 373, F.S. This delegation includes responsibilities for the Management and Storage of Surface Waters (MSSW) permit programs under subsection 373.414(11)-(16), F.S. (referred to as surface water management (SWM) permits) and describes the guidance and oversight responsibilities of the District as they relate to the delegated programs. Further, the Agreement establishes the responsibilities of Collier County regarding maintaining adequate levels of administrative, technical and financial capabilities to implement and enforce the ERP and MSSW programs, and responsibilities for reporting to, and maintaining communication with the District.

RULEMAKING AUTHORITY:

373.103(8), 373.113, 373.171, 373.413, 373.441, 668.003, 668.004, 668.50, 704.06 FS.

LAW:

373.413, 373.4135, 373.4137, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 373.441, 668.003, 668.004, 668.50, 704.06 FS.

PRINT PUBLISH DATE:

9/28/2007 Vol. 33/39

RELATED STATUTES
AND LAWS:

373.103(8), 373.113, 373.171, 373.413, 373.441, 668.003, 668.004, 668.50, 704.06 FS., 373.413, 373.4135, 373.4137, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 373.441, 668.003, 668.004, 668.50, 704.06 FS.

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-4.091&PDate=9/28/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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