4752144, 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: 4752144

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40D-4.331	Modification of Permits (Repealed)
40D-4.351	Transfer of Permits (Repealed)
40D-4.381	General Conditions (Repealed)

PURPOSE:

The purpose of this rulemaking is to allow the completed phase of a construction project authorized pursuant to an Environmental Resource Permit (ERP) to be transferred to the operation phase prior to completion of the entire project. The effect of the rule revisions will be to enable a permittee to transfer completed sections of a project to the operation phase and to the operation and maintenance entity while allowing the originally issued ERP authorizing construction to remain active until completion of the entire project.

SUMMARY:

Existing ERP rules provide that upon completion of the permitted construction project, the ERP shall be transferred to the operation phase and to the entity that will be responsible for the operation and maintenance of the permitted surface water management system. The proposed rule amendments will establish a procedure whereby independently functioning portions of a completed surface water management system may be transferred to the operation phase and to the operation and maintenance entity while the originally-issued permit stays active to allow continued construction of remaining phases or portions of the permitted project. Rule 40D-4.331, F.A.C., is amended to provide that a request to transfer an independently functioning portion of a permitted system to operation phase shall be made by formal application for modification of the construction permit, to identify the constructed phase separate from the remaining portions of the project still under construction. Rule 40D-4.351, F.A.C., is amended to provide that a request to transfer a portion of a constructed system to operation phase shall include a demonstration that the constructed portion to be transferred functions independently in compliance with applicable permitting conditions. The standard ERP conditions set forth in Rule 40D-4.381, F.A.C., are amended to specify the minimum construction activities that must be completed before any portion of the system can be transferred to the operation and maintenance entity.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.149, 373.171 FS.

LAW:

373.042, 373.403, 373.409, 373.413, 373.414, 373.416, 373.426, 373.429, 403.805 FS.

PRINT PUBLISH DATE:

10/26/2007 Vol. 33/43

COMMENTS:

From 10/26/2007 To 11/16/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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