7123115, 40D-400.491 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7123115

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-400.491	Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone (Repealed)
40D-400.500	General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems (Repealed)

PURPOSE:

The District proposes amendments to incorporate by reference the forms relating to noticed general Environmental Resource Permits (ERPs) into the ERP rules instead of into Rule 40D-1.659, F.A.C. The amendments are part of an overall rulemaking effort to incorporate District forms into the particular rule applicable to each individual form. The effect is to make District rules identifying forms available for public use consistent with requirements for incorporating materials by reference. Forms will also be re-numbered and revised to contain the specific citation to the rule in which the form will now be incorporated.

SUMMARY:

Currently, all District forms are incorporated by reference into Rule 40D-1.659, F.A.C. In response to comments from the Joint Administrative Procedures Committee, amendments are proposed to incorporate District forms and other materials into the specific rule which addresses the particular form or material. Rule 40D-400.491, F.A.C. is amended to cite paragraph 40D-4.351(2)(a), F.A.C., as the rule adopting by reference the Statement of Completion form. Rule 40D-400.500, F.A.C., is amended to incorporate by reference the form and instructions for applying for a noticed general permit for a minor silvicultural surface water management system.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.414 FS.

LAW:

373.413, 373.414, 373.416, 373.419 FS.

PRINT PUBLISH DATE:

5/15/2009 Vol. 35/19

COMMENTS:

From 5/15/2009 To 6/5/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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