6776437, 40D-1.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6776437

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.002	Delegation of Authority
40D-1.1020	Timeframe for Providing Requested Information (Transferred)
40D-1.600	Permit Applications - General and Noticed General Permits (Repealed)
40D-1.6051	Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications

PURPOSE:

The purpose of this rulemaking is to delegate to District staff authorization to take agency action to approve certain Individual Environmental Resource and Water Use Permits and to revise the process for agency action to deny incomplete permit applications. Related rulemaking is also proposed for Chapters 40D-2, 40D-4 and 40D-40, F.A.C. The effect of this rulemaking will be to enable designated staff to take agency action on certain applications for Individual Water Use and Environmental Resource Permits unless the applicant, District Executive Director or a Governing Board member requests that the permit application be referred to the Governing Board for agency action. Amendments will also delegate to designated District staff authorization to issue notices of intent to deny permit applications that will become final agency action unless the applicant, District Executive Director or a Governing Board member requests that agency action be taken by the Governing Board.

SUMMARY:

Individual Water Use Permits and Individual Environmental Resource Permits are issued for projects having greater potential for impacts to the water resources. The current process requires that all Individual permits be scheduled for agency action at a Governing Board meeting. This approval step adds time and expense for applicants as well as costs for the District. Based upon a recent study of permitting practices, the District’s Office of Inspector General has recommended that the Governing Board delegate to designated staff authority to take agency action on routine, noncontroversial Individual permit applications under certain circumstances and that staff be delegated authority to initiate agency action on permit denials. Accordingly, amendments are proposed to Chapters 40D-1, 40D-2, 40D-4, and 40D-40, F.A.C., to implement a delegation process for agency action on certain Individual permits and for permit denials. Rule 40D-1.002, F.A.C., is amended to delegate to the Executive Director, Deputy Executive Director for Resource Regulation and the Regulation Department Directors the authority to issue selected Individual Water Use and Environmental Resource Permits. Rule 40D-1.600, F.A.C. is amended to state that Individual Permits may be issued by the Governing Board or staff. For those permits issuable by staff, upon request of the applicant, Executive Director or a Governing Board, the application may be referred to the Governing Board for agency action. Former Rule 40D-1.1020, F.A.C., is moved and renumbered as Rule 40D-1.6051, F.A.C., and is further amended to add a provision that if an application remains incomplete for more than 365 days and no further time extension will be granted, the application can be denied. Proposed denials will become final 21 days after notice unless the application is amended or withdrawn, a petition for hearing is filed, or a request is made to refer the application to the Governing Board.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.219, 373.4135, 373.4136, 373.414 FS.

LAW:

120.54(5), 120.60, 253,002, 373.083, 373.084, 373.085, 373.103, 373.116, 373.118, 373.119, 373.149, 373.171, 373.219, 373.223, 373.224, 373.226, 373.229, 373.2295, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.416, 373.418, 373.426, 373.427 FS.

PRINT PUBLISH DATE:

2/13/2009 Vol. 35/06

COMMENTS:

From 2/13/2009 To 3/6/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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