62-113.100: Purpose
PURPOSE AND EFFECT: The proposed amendment to Chapter 62-113, F.A.C., will provide for a partial delegation of the Environmental Resource Permit (ERP) program under Part IV of Chapter 373, F.S., from the Department of Environmental Protection (DEP) to the Environmental Protection Commission of Hillsborough County (EPCHC). This delegation is in accordance with Section 373.441, F.S., and Chapter 62-344, F.A.C. Under the delegation, EPCHC will be responsible for permitting, compliance, and enforcement of ERP applications and activities (including issuance and denial of permits) for such things as construction, alteration, operation, and removal of docks, seawalls, and individual, single-family residences in wetlands and other surface waters within Hillsborough County. This will streamline review and agency action for those activities by allowing EPCHC to combine action on the delegated ERP with local permits required by the EPCHC and the Tampa Port Authority. For the delegated activities, EPCHC proposes to charge an application fee that will be the same or less than the separate application fees that otherwise would have been charged by DEP and EPCHC. In addition, EPCHC will be considered to be a “DEP duly authorized designee” who would be able to administer a U.S. Army Corps of Engineers (USACE) State Programmatic General permit for the activities under this delegation, if authorized to do so by the USACE, therefore further streamlining federal, state, and local regulatory and proprietary reviews. This delegation will not affect ERP responsibilities of the Southwest Florida Water Management District within Hillsborough County pursuant to the Operating Agreement between DEP and SWFWMD, July 1, 2007.
SUMMARY: The amendment to Chapter 62-113, F.A.C., will incorporate by reference a Delegation Agreement between DEP and EPCHC regarding permitting, compliance, and enforcement of activities regulated under Part IV of Chapter 373, F.S. As required by Section 373.441, F.S., and Chapter 62-344, F.A.C., this delegation will provide for an efficient, effective, and streamlined ERP program, while maintaining protection of environmental resources. The Department has determined that EPCHC has the financial, technical, and administrative capabilities and desire to effectively and efficiently implement and enforce the program, as required by Rule 62-344.500, F.A.C.
OTHER RULES INCORPORATING THIS RULE: The chapter is referenced in subsection 62-330.100(1), F.A.C., Rules 62-344.100, 62-344.300, 62-346.020 and 62-346.080, F.A.C.
EFFECT ON THOSE OTHER RULES: There will be no effect on those rules or subsections.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: A Statement of Estimated Regulatory Cost is not required under Section 120.54(3)(b), F.S., and has not been prepared. The delegation will not result in any new fees or stricter local environmental standards than have already existed in Hillsborough County since 1985. In fact, application fees will either be reduced or will remain the same depending on the circumstances of the application; EPCHC estimates cost savings will range between $100 and $1,580 for many applicants. EPCHC intends to implement the delegation within its current workload and using existing staff; additional costs will be minor administrative costs related to enforcing the delegated ERP program rules. The proposed delegation will apply primarily to single-family residences rather than commercial facilities. Based on permitting data for the year 2010, the delegation could result in a reduction of revenue to the state (fees received from ERP permit applications and notices) by as much as approximately $64,000, consisting of 84 requests to verify exemptions, 25 noticed general permits, and 12 individually processed applications for the types of activities that would be delegated; however, it is likely this estimate is much higher than will actualy be realized because it may include many applicants who would not be subject to the delegation (i.e., activities for larger types of development that will not be delegated to EPCHC). There may be some limited circumstances when a small busines could be subject to the proposed rule, but the impact will only be positive through reduced application fees for many applicants, a simplified application process, and easier, more direct (closer) access to processing staff. The delegation will also further the goals of Executive Order No 11-01 (January 4, 2011); it (1) will not unnecesssarily restrict entry into any profession or occupation; (2) will not adversely affect the availability of professional or occupational services to the public; (3) will not unreasonably affect job creation or job retention; (4) will not impose burdensome costs on businesses; and (5) is justifiable when the overall cost-effectiveness and economic impact of the regulation, including indirect costs to consumers, is considered. In summary, the delegation will decrease fees and regulatory burdens on the residents and businesses located in Hillsborough County without adversely affecting the environment. No lower cost regulatory alternative has been submitted for the proposed delegation.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.043, 373.046, 373.418, 373.441, 403.061 FS.
LAW IMPLEMENTED: 373.026, 373.046, 373.441, 403.061, 403.182 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 30, 2011, 9:00 a.m.
PLACE: Department of Environmental Protection, Southwest District Office, Main Conference Room, 13051 N. Telecom Pkwy., Temple Terrace, FL
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: Mary VanTassel at (850)245-8486. 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 IS: For a copy of the draft rule and draft Delegation Agreement, contact Mary Van Tassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone (850)245-8486 or e-mail: Mary.VanTassel@dep.state.fl.us. For questions about the rule and delegation, contact Douglas Fry at (850)245-8480 or Doug.Fry@dep.state.fl.us. Further information and updates on this rule development also may be obtained from the Department’s web site at: http://www.dep.state.fl.us/water/rules_dr.htm#erp. (OGC No. 07-1612)
THE FULL TEXT OF THE PROPOSED RULE IS:
62-113.100 Purpose.
This rule chapter lists the delegation agreements which have been entered into by the Department with another state agency, political subdivision or water management district, and which delegate any of the Department’s duties and responsibilities under Chapters 253, 373, 376 and 403, F.S., and Title 62, F.A.C. This rule chapter additionally lists the agreements with water management districts which specify that the Department is exercising any of its independent regulatory authorities pursuant to Chapter 373, F.S. For purposes of Title 62, F.A.C., wherever the term “Department” appears, it shall mean the Florida Department of Environmental Protection or its delegatee as provided in the agreements listed in Chapter 62-113, F.A.C. These delegation agreements are hereby incorporated by reference and are available for public inspection and copying during normal business hours at the Department’s Office of General Counsel, 3900 Commonwealth Blvd., Tallahassee, Florida.
(1) No change.
(2) Delegations to political subdivisions.
(a) through (o) No change.
(p) #11-1: Delegation Agreement Between the Florida Department of Environmental Protection and the Environmental Protection Commission, Hillsborough County, Regarding Implementation of Environmental Resource Permitting, Compliance, and Enforcement, under Part IV, Chapter 373, F.S.
(3) No change.
Rulemaking Specific Authority 373.043, 373.046, 373.418, 373.441, 403.061 FS. Law Implemented 373.026, 373.046, 373.441, 403.061, 403.182 FS. History–New 1-5-93, Amended 11-16-93, 3-14-94, Formerly 17-113.100, Amended 7-4-95, 4-3-96, 3-24-98, 12-3-98, 7-16-01, 7-1-07, 12-26-07,________.