8009695, 40D-1.1021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8009695

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.1021	Emergency Authorizations for Activities Regulated Under Part IV of Chapter 373, F.S. (Repealed)
40D-1.659	Forms and Instructions

PURPOSE:

The purpose and effect of this rulemaking is to revise the requirements for obtaining emergency authorizations to conduct activities regulated under Part IV, Chapter 373, Florida Statutes (F.S.), and to adopt an emergency field authorization form in conjunction with concurrent amendment to Rule 40D-1.1021, F.A.C. The form is adopted by reference in Rule 40D-1.1021, F.A.C., and listed with the other forms the District has adopted by rule in 40D-1.659, F.A.C. These amendments are proposed to provide a more effective and efficient process for obtaining emergency authorizations.

SUMMARY:

Current rule language requires that in order to receive emergency authorization, the District must receive in writing a request to commence construction for a pending permit application. In many cases a pending ERP application has not been submitted, making current rule language awkward to effectively use in an emergency scenario. The proposed rule changes more clearly define an emergency and introduces a new form to the District’s list of forms entitled “Emergency Field Authorization.” The new form will enable District staff to authorize emergency actions associated with ERP related activities in the field on-site. Use of the new form neither requires an ERP application to be pending or a written request. If a requestor for emergency action wishes to use an emergency field authorization, the proposed rule requires them to either apply for an ERP or restore back to pre-emergency conditions upon termination of the emergency.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.113, 373.149, 373.171, 373.337 FS.

LAW:

120.54(5), 120.569(2)(n), 373.0831(3), 373.116, 373.119, 373.196(1), 373.1961(3), 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.426, 373.439, 668.50 FS.

PRINT PUBLISH DATE:

12/18/2009 Vol. 35/50

COMMENTS:

From 12/18/2009 To 1/8/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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