Notice of Development of Rulemaking

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO.: RULE TITLE:
40D-4.021: Definitions
40D-4.091: Publications, Forms and Agreements Incorporated by Reference
40D-4.101: Content of Application
40D-4.331: Modification of Permits
40D-4.351: Transfer of Permits
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to revise certain District Environmental Resource Permitting application and compliance forms and rule text referencing such forms, to clarify that such forms and documents submitted in support of permit applications and for permit compliance requirements may be submitted by a licensed or registered professional such as a professional engineer, landscape architect, land surveyor or mapper and geologist, when appropriate and in accordance with law. A definition of “licensed or registered professional” is also adopted. The revisions will make the District’s forms consistent with similar Environmental Resource Permit forms adopted by the Department of Environmental Protection. Forms being revised are the Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Statement of Completion and Request for Transfer to Operation Entity, Statement of Inspection for Proper Operation and Maintenance, Environmental Resource Permit Modification Short Form and the General Environmental Resource Permit Application for Modification Related to Outparcel Construction Within Permitted Commercial/Industrial Projects. The General Environmental Resource Permit Application for Modification Related to Outparcel Construction Within Permitted Commercial/Industrial Projects is also being revised to be applicable to outparcels within other permitted projects in addition to commercial and industrial projects and to clarify the fee for such modification applications. This rulemaking is undertaken to remove unnecessary restrictions on professions and to reduce costs to individuals, businesses and governments for environmental resource permits and permit compliance requirements.
SUBJECT AREA TO BE ADDRESSED: Environmental Resource Permitting.
RULEMAKING AUTHORITY: 373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.042, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.416(1), (2), 373.429, 373.441 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone (352)796-7211, ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103; or email to ADACoordinator@swfwmd.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara Martinez, Senior Administrative Assistant, Office of General Counsel, Southwest Florida Water Management District, 2379 Broad St., Brooksville, FL 34606-6899, (352)796-7211, Ext. 4660 (OGC #2011045)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.