8879785, 40D-40.301 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8879785

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-40.301

Conditions for Issuance of General Permits for Minor Surface Water Management Systems (Repealed)

PURPOSE:

The purpose of this rulemaking is to add the term, “semi-impervious” to the conditions for issuance of general environmental resource permits that are based upon the amount of impervious material proposed for a project. The effect will be to clarify that any such limitations concerning impervious surfaces are intended to include semi-impervious material. Historically, impervious and semi-impervious materials have been treated the same in District rules. However, recent rulemaking that included adoption of a separate definition of “semi-impervious” made the continued inclusion of semi-impervious materials in these rule provisions unclear.

SUMMARY:

Rule 40D-40.301, F.A.C., sets forth conditions for issuance of general permits for minor surface water management systems. One of the conditions is that the area of impervious surface not exceed 2 acres. Historically, impervious and semi-impervious materials have been treated the same in District rules. However, recent rulemaking that included adoption of a separate definition of “semi-impervious” made the continued inclusion of semi-impervious materials in this condition unclear. Therefore, the condition is amended to provide that the area of impervious and semi-impervious surfaces shall not exceed 2 acres.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118 FS.

LAW:

373.413, 373.414, 373.416, 373.427 FS.

PRINT PUBLISH DATE:

7/16/2010 Vol. 36/28

COMMENTS:

From 7/16/2010 To 8/6/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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