8732539, 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: 8732539

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40D-4.021	Definitions (Repealed)
40D-4.051	Exemptions (Repealed)

PURPOSE:

The purpose of the proposed revisions is to create a new environmental resource permitting (ERP) exemption for activities that involve less than 4,000 square feet of impervious or semi-impervious surface subject to vehicular traffic in uplands and activities that involve less than 9,000 square feet of total impervious or semi-impervious surface in uplands. Concurrent with these rule revisions, the District is proposing revisions to Rule 40D-400.475, F.A.C. that delete the 4,000 and 9,000 square foot threshold requirements from the permit criteria of this NGP. The revisions also incorporate a new definition for “semi-impervious” to clarify the types of surfaces that will contribute to the new exemption threshold area. The effect of the proposed revisions, if adopted, will allow the regulated public to conduct minor activities that the District has determined have minimal individual or cumulative impacts to the water resources without applying to the District for confirmation that a proposed activity qualifies for either an exemption or NGP and paying the applicable fee.

SUMMARY:

The proposed revision creates a new ERP exemption that incorporates the 4,000 and 9,000 square foot threshold requirements included in Rule 40D-400.475, F.A.C., that the District is concurrently amending, and adds a new definition of semi-impervious to the District’s list of definitions in Rule 40D-4.021, F.A.C.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.149, 373.171, 373.414(9) FS.

LAW:

373.079(4)(a), 373.083(5), 373.403, 373.406, 373.413, 373.414, 373.414(9), 373.416 FS.

PRINT PUBLISH DATE:

6/4/2010 Vol. 36/22

COMMENTS:

From 6/4/2010 To 6/25/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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