5202418, 40D-4.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5202418

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.021	Definitions (Repealed)
40D-4.041	Permits Required (Repealed)
40D-4.051	Exemptions (Repealed)

PURPOSE:

The purpose and effect of the proposed rule amendments is to clarify when an Environmental Resource Permit is required by removing the distinction between a “surface water management system” and a “new surface water management system”. The rulemaking will further clarify when an Environmental Resource Permit is required by simplifying the definition of “alteration” and by creating exemptions for the operation of systems constructed under an earlier exemption.

SUMMARY:

The District’s current ERP rules require an ERP to construct or operate a new surface water management system except when a project meets a specific rule or statutory exemption. The proposed rule amendments will clarify when an ERP is required by removing the distinction between a “surface water management system” and a “new surface water management system.” The proposed revision deletes the term “new surface water management system” from Rules 40D-4.021 and 40D-4.041, F.A.C., and creates new exemptions under Rule 40D-4.051, F.A.C., for the operation of systems constructed prior to October 1, 1984 or systems constructed under a previous exemption. The changes are consistent with the District's long-term interpretation and application of the terms. The proposed rule amendments also remove the word “design” from the definition of Alteration in Rule 40D-4.021, F.A.C., to clarify that an ERP is required for activities that result in an increase or decrease in the discharge of the system as constructed.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.149, 373.171, 373.414 FS.

LAW:

373.403, 373.406, 373.413, 373,414(9), 373.416, 373.426, 373.427 FS.

PRINT PUBLISH DATE:

2/8/2008 Vol. 34/06

COMMENTS:

From 2/8/2008 To 2/29/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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