9536281, 40E-4.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9536281

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40E-4.011	Policy and Purpose (Repealed)
40E-4.021	Definitions (Repealed)
40E-4.041	Permits Required (Repealed)
40E-4.0415	Permit Thresholds (Repealed)
40E-4.042	Formal Determination of Wetlands and Other Surface Waters (Repealed)
40E-4.051	Exemptions From Permitting (Repealed)
40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference
40E-4.101	Content of Permit Applications (Repealed)
40E-4.201	Forms and Instructions (Repealed)
40E-4.301	Conditions for Issuance of Permits (Repealed)
40E-4.302	Additional Conditions for Issuance of Permits (Repealed)
40E-4.303	Environmental Resource Permit Authorization (Repealed)
40E-4.305	Conceptual Approvals (Repealed)
40E-4.321	Duration of Permits (Repealed)
40E-4.331	Modification of Permits (Repealed)
40E-4.361	Conversion from Construction Phase to Operation Phase (Repealed)
40E-4.381	General Conditions (Repealed)

PURPOSE:

The proposed rule amendments were identified for correction/updating in accordance with Section 120.74, F.S. The amendments are as follows: 1) delete “general” from standard permits pursuant to Section 373.118, F.S.; 2) update rules to be consistent with amendment to Section 373.083, F.S.; 3) update the District’s ePermitting website and delete outdated navigation instructions; 4) specify paragraph in which Basis of Review is incorporated; 5) specify statute describing private docks; 6) delete incorporated material no longer relied upon; 7) update incorporation language pursuant to Section 120.55(1)(a)4., F.S., and Rule 1B-30.005, F.A.C., and include hyperlinks to materials incorporated by reference pursuant to Section 120.54(l)(i), F.S.; 8) update process for submitting applications; 9) delete language redundant of another rule; 10) clarify reference to all applications rather than specific; 11) update title of regulation director; and 12) add date of operating agreement; and 13) add contact information for Division of Historical Resources.
The District is also amending the “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District,” incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C., as follows: Section 1.1 – correct the term “rule” to “paragraph”; 1.2 – delete “general” from standard permits pursuant to Section 373.118, F.S.; 1.2.1 – add “standard” permits as a permit separate from “general” permits pursuant to Section 373.118, F.S.;
1.3 – add Governing Board designee pursuant to amendment to Section 373.083, F.S.; 2.10, 2.18, 2.34, 2.37 – update effective date of referenced rules, delete repealed rule and add incorporation language pursuant to Rule 1B-30.005, F.A.C; 2.35 – add Governing Board designee pursuant to amendment to Section 373.083, F.S.; 4.1 – add incorporation language pursuant to Rule 1B-30.005, F.A.C.; 4.1.1 – correct rule, subsection and paragraph, and update rule reference; 4.2.1 – delete reference to repealed rule; 4.2.2 – delete the term “general” as a form of standard permit pursuant to s. 373.118(1), F.S., and correct agency name; 4.2.2.4 – delete title next to rule number; 4.2.3 – add the term “subparagraph” before rule numbers; 4.2.3.3 – delete manual no longer relied upon; 4.2.3.6 – delete the term “general” as a form of standard permit pursuant to Section 373.118(1), F.S.; 4.2.4.4 – clarify paragraph number of rule reference;
4.2.7, 4.3 and 4.3.1.7 – delete references to repealed rules; Table 4.2.7-1 – move table under section 4.2.7; 4.3.7.6 and 4.3.8 – add incorporation language pursuant to 1B-30.005, F.A.C.; 4.4.3.1 – change “long term” to “perpetuity” to clarify and be consistent with other statutes; 4.4.4.7, 4.5, 4.5.1 – add incorporation language pursuant to Rule 1B-30.005, F.A.C.; 5.1 – add F.A.C. to rule reference; 5.2.2 – update references to ordinances and add incorporation language pursuant to 1B-30.005, F.A.C.; 5.9.4 – delete agency reference and delete old process for submitting results; 6.12 – correct incomplete sentence; 9.2.4 – add incorporation language pursuant to Rule 1B-30.005, F.A.C.; 10.1 – add incorporation language pursuant to Rule 1B-30.005, F.A.C.; and Appendix 6 – delete cover sheet.

SUMMARY:

In compliance with Section 120.74, F.S., the proposed rule amendments update the District’s rules to be consistent with statutes, correct errors and eliminate outdated language.

RULEMAKING AUTHORITY:

120.53(1), 373.016, 373.044, 373.103(8), 373.113, 373.118, 373.171, 373.406(5), 373.413, 373.414(9), 373.414(17), 373.441, 380.06(9), 668.003, 668.004, 668.50 FS.

LAW:

373.016, 373.019, 373.042, 373.044, 373.086(1), 373.103, 373.103(1), 373.103(4), 373.113, 373.116, 373.117, 373.118, 373.118(1), 373.229, 373.403-.443, 380.06, 380.23, 403.031, 403.201, 403.813(2), 668.003, 668.004, 668.50, 704.06 FS.

PRINT PUBLISH DATE:

9/9/2011 Vol. 37/36

COMMENTS:

From 9/9/2011 To 9/30/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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