9202213, 40C-40.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9202213

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

STANDARD GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40C-40.011	Policy and Purpose (Repealed)
40C-40.302	Conditions for Issuance of Permits (Repealed)

PURPOSE:

The purpose and effect of this proposed rule is to delete from Chapter 40C-40, F.A.C., the delegations to District staff to issue standard environmental resource permits (ERP) because amendments to Sections 373.083(5) and 373.118(5), F.S., enacted in 2010, provide that delegations are not subject to rulemaking. Regulatory delegations regarding ERPs will be described solely in the Statement of Agency Organization and Operation available on the District’s website at floridaswater.com. This proposed rule also proposes to delete reference to the Governing Board in the ERP rule addressing standard permits for incidental site activities because the District staff, not the Board, approves ERP applications as a result of the 2009 and 2010 amendments to Section 373.079(4), F.S.

SUMMARY:

The proposed rule removes from Rule 40C-40.011, F.A.C., the delegation of authority to District staff to issue standard ERPs and deletes reference to the Governing Board in paragraph 40C-40.302(6)(b), F.A.C.

RULEMAKING AUTHORITY:

373.044, 373.113 FS.

LAW:

373.079, 373.083, 373.413, 373.416, 373.426 FS.

PRINT PUBLISH DATE:

10/1/2010 Vol. 36/39

COMMENTS:

From 10/1/2010 To 10/22/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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