62-346.010: Policy and Purpose.
62-346.020: General Provisions.
62-346.030: Definitions.
62-346.040: Formal Determinations of the Landward Extent of Wetlands and Surface Waters
62-346.050: Permits Required.
62-346.051: Exemptions from Permitting.
62-346.060: Conceptual Approval Permits.
62-346.070: Procedures to Obtain a Permit.
62-346.071: Fees.
62-346.080: Applications for Permits and Petitions for Formal Determinations Processed by the Department Offices.
62-346.090: Processing of Notices and Applications.
62-346.091: Documents Incorporated by Reference.
62-346.095: Operation and Maintenance.
62-346.100: Modification of Permits.
62-346.110: Duration of Permits.
62-346.120: Permit Extensions.
62-346.130: Transfer of Ownership or Permit.
62-346.140: Suspension and Revocation.
62-346.301: Conditions for Issuance of Individual (Including Conceptual Approval) and Standard Stormwater Permits.
62-346.381: General Limiting Conditions.
62-346.451: Emergency Authorizations and Actions.
62-346.900: Environmental Resource Permit Forms.
PURPOSE AND EFFECT: A new Chapter 62-346, F.A.C. is proposed to implement the new Environmental Resource Permitting Program (ERP) within the geographical area of the Northwest Florida Water Management District (NWFWMD), generally referred to as the “Panhandle.” This rule is authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. This rule has been developed jointly by the Department and the NWFWMD in accordance with Section 373.4145, F.S., but will be adopted by the Department and may be implemented by the NWFWMD without further adoption pursuant to Section 120.54, F.S.
This rule is written to address the phased approach to rulemaking as provided in Section 373.4145(1), F.S. That section requires the first phase of rulemaking, as reflected in the proposed Chapter 62-346, F.A.C., and herein called the “Phase I rules,” to be limited to regulating the construction, operation, alteration, maintenance, abandonment, and removal of stormwater management systems. Section 373.4145(1)(a), F.S., provides that the Phase I rules are intended to update existing stormwater rules within the Panhandle through improving water quality and flood protection, while at the same time being based on the least restrictive stormwater quality and quantity measures and criteria adopted in the rules of the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts, while taking into consideration the differing physical and natural characteristics of the area. The Phase I rules do not govern the regulation of dredge and fill activities. These activities will continue to be regulated under Chapter 62-312, F.A.C. until the “Phase II rules” are adopted under Section 373.4145(1)(b), F.S. The Phase II rules can be implemented no sooner than January 1, 2008. Therefore, in addition to any permits required under Chapter 62-346, F.A.C., any activities involving stormwater management systems that also involve dredging or filling in surface waters of the state (as defined in Rule 62-312.030, F.A.C.) must obtain applicable separate authorization under Chapter 62-312, F.A.C., Chapter 62-25, F.A.C., the existing stormwater rule in the Panhandle, will continue to apply to activities that are grandfathered under Section 373.4145(6), F.S., but a separate permit under Chapter 62-25, F.A.C., will not be required for activities that are regulated under Chapter 62-346, F.A.C.
Section 373.4145(3), F.S., provides that “The rules adopted under subsection (1), as applicable, shall: (a) Incorporate the exemptions in subsection 373.406 and 403.813(2) and (d) Incorporate the exemptions and general permits that are effective under this part and have been enacted by rule by the department and other water management districts, including the general permits authorized by Section 403.814, F.S.” In accordance with those provisions, the Department has included in the Phase I rules all of the exemptions and general permits that are available in the rest of the state.
Section 373.4145(6), F.S., exempts certain additional activities from regulation under Chapter 62-346, F.A.C., such as the construction and use of a single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger common plan of development or sale proposed by the applicant, and does not involve wetlands or other surface waters, and the regulation of agriculture activities, which continue to be governed by the exemptions in Section 373.406, F.S., or are otherwise regulated by the NWFWMD in accordance with Chapters 40A-44, F.A.C.
OGC NO.: 06-1126
SUMMARY: The proposed new Chapter 62-346, F.A.C., provides for the permits that are required for the construction, alteration, operation, maintenance or repair, abandonment, or removal of stormwater management systems within the geographic area of the NWFWMD, applicable exemptions, the procedures for submitting applications and notices, fees, criteria for evaluation of permits, general and limiting conditions, forms, and related provisions for operation and maintenance, modification, duration, extension, transfer, and suspension or revocation of permits.
Chapter 62-346, F.A.C., provides for two types of permits for stormwater management systems – noticed general permits and individual permits. The rules also provide for conceptual approval permits, which are a type of individual permit. However, conceptual approval permits may be applied for and will be reviewed and acted on only after the adoption of the Phase II rules.
Noticed general permits are issued by Chapter 62-341, F.A.C., which is an existing rule chapter currently in use in the environmental resource permit program that is in effect under Part IV of Chapter 373, F.S., throughout Florida, except within the Panhandle. This chapter is being amended concurrently with the adoption of Chapter 62-346, F.A.C., to enable applicable general permits to be used in the Panhandle.
The construction, alteration, operation, maintenance or repair, abandonment, or removal of stormwater management systems that do not qualify for one or more of the exemptions in Chapter 62-346, F.A.C., or a noticed general permit under Chapter 62-341, F.A.C., will require an individual permit. These permits are individually reviewed and acted upon in accordance with the procedures and criteria established in Chapter 62-346, F.A.C.
Proposed Rule 62-346.091, F.A.C., incorporates by reference documents that are used in implementing Chapter 62-346, F.A.C., including a new Applicant’s Handbook comprised of Volumes I and II, the Operating Agreement between the Department and the NWFWMD, forms, and other documents used in implementing the rules. The format and number system used in the rules and the incorporation of an Applicant’s Handbook is the same as is used by the water management districts outside of the Panhandle.
Applicant’s Handbook Volume I explains and provides detail on the criteria and procedures for the submittal, processing, and evaluation of applications for activities regulated under Chapters 62-341 and 62-346, F.A.C. This volume is applicable to all applications for stormwater management permits within the Panhandle, but is not applicable to applications under Chapters 62-25 or 62-312, F.A.C. Specifically, it provides discussion and details on the general program background, statutes and rules, regulated activities, permit types and exemptions, processing and review procedures for applications and notices, permit duration, procedures applicable to modifying and transferring permits, compliance inspections and enforcement, erosion and sediment control practices, and operation and maintenance of systems. Volume I also includes four Appendices, which contain a copy of the Operating Agreement executed between the Department and the NWFWMD, statutory and rule definitions and exemptions related to the implementation of Chapters 62-341 and 62-346, F.A.C., copies of the forms, and a model operation and maintenance document.
Applicant’s Handbook Volume II provides detailed design and performance requirements for all engineered stormwater management systems that require an individual permit under Chapter 62-346, F.A.C. Generally, this includes systems involving impervious area and total project area exceeding certain thresholds. Volume II also provides detail on general design and performance criteria applicable to all engineered stormwater management systems and additional stormwater quantity (flood control) criteria applicable to systems that exceed certain thresholds, best management practices for the design of stormwater management systems, methodology and design examples for various stormwater management systems, and special basin criteria for systems located in sensitive Karst areas.
The “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection” provides a division of responsibilities between the Department and the NWFWMD for reviewing and taking agency action on applications and notices for permits, petitions for variances, and verification of exemptions under Chapters 62-341 and 62-346, F.A.C., as well as the responsibilities for compliance monitoring and enforcement. It also provides that the Department will be responsible for performing and taking agency action on all petitions for formal determinations applications for mitigation banks, and Ecosystem Management Agreements within the Panhandle.
Forms have been developed to submit an application or notice for a permit, to notice the commencement of construction, to certify as-built conformance with the permit, to convert permits from the construction phase to an operation and maintenance phase, to transfer a permit, and to notice the addition of systems to a previously permitted regional stormwater management system.
This rulemaking is associated with concurrent proposed amendments to Chapters 62-4 and 62-341, F.A.C., which are being published separately.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A statement of estimated regulatory costs was not prepared for this rule. However, the Department prepared a detailed evaluation of the estimated costs of implementing a comprehensive ERP program regulating stormwater management systems and dredge and fill activities in the Panhandle. A copy of this information is available from Mary Van Tassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, Florida 32399-2400; telephone (850)245-8486; e-mail: Mary.Van Tassel@dep.state.fl.us; or facsimile (850)245-8499.
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.
SPECIFIC AUTHORITY: 373.026(7), 373.043, 373.118, 373.4145, 373.418, 380.06(9)(b), 403.0877 FS.
LAW IMPLEMENTED: 373.026(7), 373.043, 373.109, 373.118, 373.406(5), 373.409, 373.413, 373.4132, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.423, 373.426, 373.428, 373.429, 380.06(9)(b) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, April 4, 2007, 10:00 a.m., ET
PLACE: Florida Department of Environmental Protection, Room 609, Bob Martinez Center (formerly Twin Towers), 2600 Blair Stone Road, Tallahassee, 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 7 days before the workshop/meeting by contacting: Mary Van Tassel 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: Alice Heathcock, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, Florida 32399-2400; telephone (850)245-8483; e-mail: Alice.Heathcock@dep.state.fl.us; or facsimile (850)245-8499
THE FULL TEXT OF THE PROPOSED RULE IS:
ENVIRONMENTAL RESOURCE PERMITTING IN
62-346.010 Policy and Purpose.
This rule provides the requirements for processing environmental resource permits, under Section 373.4145(1)(a), F.S., and for obtaining formal determinations of the landward extent of wetland and surface waters under Chapter 62-340, F.A.C., within the geographical jurisdiction of the Northwest Florida Water Management District (NWFWMD or District). This rule does not preclude the application of any other permit requirements or procedures in other chapters of Title 62, F.A.C. The requirements of this chapter are in addition to and not in lieu of the requirements specified in the Applicant’s Handbook Volumes I and II incorporated by reference in Rule 62-346.091 or Chapter 62-341, F.A.C.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.418, 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.4141, 373.4142, 373.4145, 373.416, 373.423, 373.426, 373.428, 373.429 FS. History–New 10-1-07.
62-346.020 General Provisions.
(1) This chapter applies to activities within the geographical jurisdiction of the NWFWMD and shall be implemented by both the Department of Environmental Protection (“Department”) and the NWFWMD pursuant to Section 373.4145, F.S. The Department and NWFWMD have entered into an Operating Agreement (see definition in Rule 62-346.030, F.A.C.), determining which agency is responsible for reviewing and taking agency action on specified categories of applications and otherwise implementing the provisions of Part IV of Chapter 373 within the geographical jurisdiction of the NWFWMD.
(2) Except for those activities that continue to be governed by Chapter 62-25 or 62-312, F.A.C., pursuant to Section 373.4145, F.S., all Department actions concerning environmental resource permit applications, suspensions, revocations, modifications, extensions, and transfers, including emergency actions, associated with activities regulated under Part IV of Chapter 373, F.S., are governed by this chapter, the Applicant’s Handbook Volumes I and II, Chapter 62-341, F.A.C., and the Operating Agreement.
(3) The responsibilities for the review, agency action, and compliance and enforcement of activities that cross the boundary of the NWFWMD will be governed by interagency agreement as provided in Section 373.046(6), F.S. Applications for activities requiring a permit under this chapter that extend into the area of the Suwannee River Water Management shall be submitted to and processed by the district office of the Department or water management district covering the location where the majority of the project activities are proposed, and in accordance with the Operating Agreement between the Department and the applicable water management district as described in subsection (1) above, or in Chapter 62-113, F.A.C.
(4) Issuance of an environmental resource permit by the Department does not convey to the permittee, or create in the permittee, any property right or any interest in the real property that is the subject of the application, nor does it authorize any entrance upon or activities on property that is not owned or controlled by the permittee.
(5) Until the effective date of the rules adopted under Section 373.4145(1)(b), F.S., dredging, filling, and construction in, on or over surface waters of the state require separate permits under Chapter 62-312, F.A.C.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.414, 373.4145, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.413, 373.414, 373.4145, 373.416, 373.421, 373.426 FS. History–New 10-1-07.
62-346.030 Definitions.
Except as otherwise defined in this chapter or in the Applicant’s Handbook, the definitions in Rules 62-4.020, 62-340.200 and 62-341.021, F.A.C., and the following definitions apply to this chapter and to the Applicant’s Handbook Volumes I and II. However, the definitions in subsections 62-346.030(8), (11), (17), (20), (24), (29), (35), (39), and (42), F.A.C., are not applicable under this rule until the effective date of the rules adopted under Section 373.4145(1)(b), F.S.:
(1) “Abandon” or “Abandonment” means cessation of use and maintenance activities or responsibility for a system, or part of a system.
(2) “Activity” or “Activities,” means construction, alteration, operation, maintenance, abandonment, or removal of any stormwater management system. Upon the effective date of the rules adopted under Section 373.4145(1)(b), F.S., this term will also include dredging or filling in, on, or over surface waters of the state.
(3) “As-Built Drawings” means plans certified by a registered professional that accurately represent the constructed condition of a system.
(4) “Borrow pit” means a location where the soil or other natural deposits on or in the earth are removed from their location so as to make them suitable for use to build up land. No processing is involved, except for the use of a scalping screen to remove large rocks, wood, and other debris. The materials are used more for their bulk than their intrinsic qualities.
(5) “Common plan of development or sale” means:
(a) Any activity initiated by the surveying, planning, or platting of contiguous real property, where such activity facilitates the advancement of a common type of land use (such as multiple residences, a residential subdivision, or phased site development) on the subject property, or
(b) Any activity on contiguous real property that comprises a total land area divided into three or more lots, parcels, tracts, tiers, blocks, sites, or units, and is served by a common road or road network or common surface water management system within that land area. Areas of land that are divided by public or private roads are considered contiguous if such areas are under one ownership or control.
(6) “Compensating treatment” means treatment for water quality in an offsite location when physical conditions do not allow for treatment on-site equivalent to that otherwise required by this chapter and the Applicant’s Handbook.
(7) “Completion of Construction” means the time when all components of the stormwater management system are installed and fully functional.
(8) “Conceptual Approval Permit” means a type of individual permit issued by the Department, approving the concept of a master plan for a surface water management system, which is binding upon the Department and the permittee.
(9) “Construction” means any activity including land clearing, earth-moving or the erection of structures that will result in the creation of a system.
(10) “Control elevation” means the lowest elevation at which water can be released through a control device.
(11) “Creation” means the establishment of new wetlands or surface waters by conversion of other landforms.
(12) “Department” means the Department of Environmental Protection. However, when implemented by the NWFWMD, the term “Department” means “Northwest Florida Water Management District.”
(13) “Detention” means the collection and temporary storage of stormwater with subsequent gradual release of the stormwater.
(14) “Discharge” means to allow or cause water to flow.
(15) “Embedded” means the placement of transmission or distribution lines, pipes or cables into the bottoms of waters of the state by minimal displacement of bottom material and without the creation of a trench, or trough, through the use of techniques such as plowing-in, weighing-in, or non-trenching jets.
(16) “Engineered Stormwater Management System” means a stormwater management system that requires a design by a registered professional and incorporation of performance standards necessary to meet the water quality, water quantity, and general design criteria established in Applicant’s Handbook Volume II.
(17) “Enhancement” means improving the ecological value of wetlands, other surface waters, or uplands that have been degraded in comparison to their historic condition.
(18) “Entrenchment” means the placement of transmission or distribution lines, pipes or cables into the bottoms of waters of the state by the creation of a defined trench, or trough, through the use of such devices as clamshells, dredges, trenching jets, or other devices that produce similar results.
(19) “Environmental resource permit” means a noticed general or individual permit for a surface water management system issued pursuant to Part IV of Chapter 373, F.S.
(20) “Existing nesting or denning” refers to an upland site that is currently being used for nesting or denning, or is expected, based on reasonable scientific judgment, to be used for such purposes based on past nesting or denning at the site.
(21) “Impervious” means land surfaces that do not allow, or minimally allow, the penetration of water; such as building roofs, normal concrete and asphalt pavements, and some fine grained soils such as clays. For purposes of implementing stormwater treatment quality and quantity requirements, the calculation of the amount of impervious surface does not include wetlands or other surface waters.
(22) “Insect control impoundment dikes” means artificial structures, including earthen berms, constructed and used to impound wetlands or other surface waters for the purpose of insect control.
(23) “Isolated wetland” means any area that is determined to be a wetland in accordance with Chapter 62-340, F.A.C., but that does not have any connection via wetlands or other surface waters to the waters as defined in Rule 62-312.030, F.A.C.
(24) “Listed species” means those animal species that are endangered, threatened or of special concern and are listed in Rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C., and those plant species listed in 50 Code of Federal Regulation 17.12, when such plants are located in a wetland or other surface water.
(25) “Littoral zone” means that portion of a wet detention pond that is designed to contain rooted aquatic plants.
(26) “Materials,” when used in the context of “filling,” means matter of any kind, such as, sand, clay, silt, rock, dredged material, construction debris, solid waste, pilings or other structures, ash, and residue from industrial and domestic processes. The term does not include the temporary use and placement of lobster pots, crab traps, or similar devices or the placement of oyster cultch pursuant to Section 597.010, F.S.
(27) “Mine” means an area of land that is related to the removal from its location of solid substances of commercial value found in natural deposits on or in the earth, so as to make the substances suitable for commercial, industrial, or construction use, but does not include excavation solely in aid of on-site farming or on-site construction, nor the process of prospecting. As used in this chapter, this does not include mining operations conducted in conjunction with land development activities that will result in residential, industrial, commercial, or land fill uses at the end of construction. Borrow pits that use extracted material in on-site locations are not mines. For the purposes of this definition, “on-site” means, “within the contiguous limits of an area of land under one ownership or control, and upon which agricultural or construction activities are taking place. Areas of land that are divided by public or private roads are considered contiguous if such areas are under one ownership or control.”
(28) “Mitigation” means an action or series of actions to offset the adverse impacts that would otherwise cause an activity regulated under Part IV of Chapter 373, F.S., to fail to meet the criteria set forth in Section 373.414(1), F.S. Mitigation usually consists of restoration, enhancement, creation, preservation, or a combination thereof.
(29) “Mitigation bank,” “Mitigation bank permit,” “Mitigation banker” or “banker,” “Mitigation credit,” and “Mitigation service area” shall have the same meanings as provided in Chapter 62-342, F.A.C.
(30) “Off-line” means the storage of a specified portion of the stormwater in such a manner so that subsequent runoff in excess of the specified volume of stormwater does not flow into the area storing the initial stormwater.
(31) “Operate” or “operation” means to cause or to allow a system to function. This term also means a phase of an environmental resource permit authorizing the operation and maintenance of a surface water management system in accordance with the terms and conditions of the permit.
(32) “Operating Agreement,” refers to the “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection,” incorporated by reference in Rule 62-346.091, F.A.C. A copy of the Operating Agreement can be obtained by contacting a district or branch office of the Department or NWFWMD, or at the Internet sites of the Department at http://www.dep.state.fl.us/water/wetlands/erp/rules/guide.htm, or NWFWMD at http://www.nwfwmd.state.fl.us/permits/ruleform.htm.
(33) “Other surface waters” means surface waters as described and delineated pursuant to Rule 62-340.600, F.A.C., as ratified by Section 373.4211, F.S., other than wetlands.
(34) “Permanent pool” means that portion of a wet detention pond that normally holds water (e.g., between the normal water level and the pond bottom), excluding any water volume claimed as wet detention treatment volume pursuant to Section 8.5 of the Applicant’s Handbook Volume II.
(35) “Preservation” means the protection of wetlands, other surface waters or uplands from adverse impacts by placing a conservation easement or other comparable land use restriction over the property or by donation of fee simple interest in the property.
(36) “Project area” means the area being modified or altered in conjunction with a proposed activity requiring a permit, including all areas that are part of the stormwater management system.
(37) “Prospecting” means activities considered normal and reasonably necessary to retrieve samples of subsurface geologic sediments for the specific purpose of locating, mapping, and determining the quality and quantity of sedimentary strata or natural deposits.
(38) “Regional stormwater management facility” means a system designed, constructed, operated, and maintained to accept and treat stormwater from multiple parcels and projects within the drainage area served by the regional facility, where the term “drainage area” refers to the land or development that is served by or contributes stormwater to the regional facility.
(39) “Regional watershed” means a watershed as delineated in Rule 62-342.200, F.A.C.
(40) “Registered Professional” means a professional registered or licensed in Florida with the necessary expertise in the fields of hydrology, hydrogeology, drainage, flood control, erosion and sediment control, and stormwater pollution control to design and certify the stormwater management systems under review. Examples of registered professionals are professional engineers licensed under Chapter 471, F.S., professional landscape architects licensed under Chapter 481, F.S., professional surveyors and mappers under Chapter 472, F.S., and professional geologists licensed under Chapter 492, F.S.
(41) “Remove” or “removal” means cessation of use and maintenance activities for a system, or part of a system, accompanied by elimination of all or part of the system.
(42) “Restoration” means converting back to a historic condition those wetlands, surface waters, or uplands that currently exist as a land form that differs from the historic condition.
(43) “Retention” means a system designed to prevent the discharge of a given volume of stormwater runoff into surface waters in the state by complete on-site storage. Examples include systems such as excavated or natural depression storage areas, pervious pavement with subgrade, or above ground storage areas.
(44) “Routine custodial maintenance” – means those activities described in section 3.4.2.5(b) in Applicant’s Handbook Volume I.
(45) “Seasonal high ground water table elevation” means the highest level of the saturated zone in the soil in a year with normal rainfall.
(46) “Seasonal high water level” means the elevation to which the ground or surface water can be expected to rise due to a normal wet season.
(47) “Semi-impervious” means land surfaces that partially restrict the penetration of water; such as porous concrete and asphalt pavements, limerock, and certain compacted soils.
(48) “Sensitive karst areas” means those areas described in Section 17 and Appendix A of Applicant’s Handbook Volume II, where the Floridan aquifer is at or near the land surface.
(49) “Stormwater” means the flow of water that results from, and that occurs immediately following, a rainfall event.
(50) “Surface water management system” or “System” means a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works, or any combination thereof. The terms “surface water management system” or “system” include areas of dredging or filling, as those terms are defined in Sections 373.403(13) and (14), F.S. However, until the effective date of the rules authorized by Section 373.4145(1)(b), F.S., the term “surface water management system” is limited to stormwater management systems.
(51) “Surface waters of the state” means those surface waters regulated pursuant to Rule 62-312.030, F.A.C.
(52) “System” – see “Surface Water Management System.”
(53) “Total land area” means land holdings under common ownership that are contiguous, or land holdings that are served by common surface water management facilities.
(54) “Traversing work” means any artificial structure or construction that is placed in or across a stream, or other watercourse, or an impoundment.
(55) “Underdrain” means a drainage system installed beneath a stormwater holding area to improve the infiltration and percolation characteristics of the natural soil when permeability is restricted due to periodic high water table conditions or the presence of layers of fine textured soil below the bottom of the holding area. These systems usually consist of a system of interconnected below-ground conduits such as perforated pipe, which simultaneously limit the water table elevation and intercept, collect, and convey stormwater that has percolated through the soil.
(56) “Underground exfiltration trench” or “exfiltration trench” means a below-ground system consisting of a conduit such as perforated pipe surrounded by natural or artificial aggregate that is utilized to percolate stormwater into the ground.
(57) “Wet detention” means the collection and temporary storage of stormwater in a permanently wet impoundment in such a manner as to provide for treatment through physical, chemical, and biological processes with subsequent gradual release of the stormwater.
(58) “Wetlands stormwater management system” means a stormwater management system that incorporates those wetlands described in Section 10.3 of the Applicant’s Handbook Volume II into the stormwater management system to provide stormwater treatment.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.414, 373.4145, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.019, 373.117, 373.403, 373.413, 373.414, 373.4145, 373.416, 373.418, 373.421, 373.4211, 373.426, 403.0877, 403.813(2) FS. History–New 10-1-07.
62-346.040 Formal Determinations of the Landward Extent of Wetlands and Surface Waters.
Formal determinations of the landward extent of wetlands and other surface waters shall be performed in accordance with the procedures in Rule 62-343.040, F.A.C.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.4145, 373.421(2), 403.0877 FS. Law Implemented 373.4145, 373.421(2) FS. History– New 10-1-07.
62-346.050 Permits Required.
(1) Unless an activity qualifies for an exemption under Rule 62-346.051, F.A.C., or a noticed general permit under Chapter 62-341, F.A.C., an individual permit under this chapter must be obtained from the Department. However, dredging and filling in, on, or over surface waters of the state remain subject to the requirements of Chapter 62-312, F.A.C., and permits under this chapter are not required for such activities until the effective date of the rules adopted under Section 373.4145(1)(b), F.S.
(2) Activities qualify for a noticed general permit if they meet the criteria in Chapter 62-341, F.A.C.
(3) The construction, alteration, operation, maintenance or repair (excluding routine custodial maintenance), abandonment, or removal of an activity that requires a permit under this chapter but is not eligible for a noticed general permit will require an individual permit. This includes all applications for conceptual approval permits. Applications for individual permits will be reviewed and acted upon in accordance with subsection 62-346.090(2), F.A.C.
(4) Permits for construction or alteration must be converted to an operation and maintenance phase in accordance with Rule 62-346.095, F.A.C.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.117, 373.118, 373.409, 373.413, 373.4132, 373.4145, 373.416, 373.426, 403.0877 FS. History–New 10-1-07.
62-346.051 Exemptions from Permitting.
(1) The activities set forth in this section do not require an environmental resource permit under this chapter or Chapter 62-341, F.A.C., as applicable, and may be conducted without notice to the Department, unless otherwise specifically provided herein or in Section 373.406, 373.4145(3) or 403.813, F.S., or in Chapters 62-25 or 62-312, F.A.C. The performance of activities in accordance with the provisions of the exemptions set forth in this section does not relieve the person or persons who are using the exemption or who are constructing or otherwise implementing the activity from meeting the permitting, authorization, or performance requirements of other rules of the Department, the Board of Trustees, the water management districts, or other federal, state, or local governmental agencies. Any person proposing an activity under this section is also advised that such activity is subject to obtaining any required Works of the District permit pursuant to Chapter 40A-6, F.A.C., if the work involves connection with, placement of structures in or across, or otherwise makes use of Works of the District.
(2) Activities that are governed by Section 373.4145(6), F.S., which are regulated in accordance with the statutory and rule provisions applicable under Section 373.4145, F.S. (1994).
(3) Activities Below Threshold Criteria.
The construction, alteration, operation, and maintenance of a whole and complete project that meets all the thresholds in paragraphs (a) through (c), all the criteria in paragraph (d), and is not part of a larger common plan of development or sale:
(a) Less than or equal to 4,000 square feet of impervious or semi-impervious surface area subject to vehicular traffic, such as roads, parking lots, driveways, and loading zones;
(b) Less than or equal to 5,000 square feet of building area or other impervious area not subject to vehicular traffic;
(c) Less than or equal to one acre total project area; and
(d) Such project also must meet all of the following criteria:
1. There is no direct discharge into Outstanding Florida Waters, as listed in Rule 62-302.700, F.A.C. A discharge is not direct if it enters another water body or is located outside of the boundary of the Outstanding Florida Water, provided that, in either case, there is sufficient mixing to prevent a lowering of the existing ambient water quality in the Outstanding Florida Water.
2. Will not cause adverse water quantity impacts to receiving waters and adjacent lands;
3. Will not cause adverse flooding to on-site or off-site property;
4. Will not cause adverse impacts to existing surface water storage and conveyance capabilities;
5. Will not cause a violation of the water quality standards set forth in Chapters 62-4, 62-302, 62-520, 62-522 and 62-550, F.A.C., including the provisions of Rules 62-4.243, 62-4.244, and 62-4.246, F.A.C., the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62-4.242(2) and (3), F.A.C., and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.; and
6. Will not cause adverse secondary impacts to the water resources. Until the effective date of rules required under Section 373.4145(1)(b), F.S., this shall be limited to not causing a violation of water quality standards and not lowering or raising seasonal water levels in adjacent surface waters of the state to an extent that prevents the stormwater management system from functioning as designed, not adversely altering normal water level fluctuations in adjacent surface waters of the state, and not otherwise adversely impacting the maintenance of surface or ground water levels, or surface water flows established pursuant to Section 373.042, F.S.
Notwithstanding the above provisions of this subsection, an individual permit is required for the construction, alteration, operation, maintenance, abandonment, or removal of any dry storage facility for 10 or more vessels that is functionally associated with a boat launching area, including when the dry storage facility does not involve any work within the landward extent of surface waters of the state.
(4) Bridges, Driveways, and Roadways.
(a) The replacement or repair of existing open-trestle foot bridges and vehicular bridges in accordance with Section 403.813(2)(l), F.S.
(b) The construction or maintenance of culverted driveway or roadway crossings and bridges of wholly artificial, non-navigable drainage conveyances, provided that:
1. The construction project area does not exceed one acre and the construction is for a discrete project that is not part of a larger plan of development that requires permitting under this chapter;
2. The artificial drainage conveyance in its existing condition is not more than 4 feet deep, measured from the top of bank to the bottom of the artificial drainage conveyance;
3. The person performing the activity shall ensure that the size and capacity of the culvert will be adequate to pass normal high water stages of the artificial drainage conveyance without causing adverse impacts to upstream or downstream property, but the culvert shall not be larger than one 24-inch diameter pipe, or its equivalent; and in no instance shall the culvert provide a smaller cross-sectional area or discharge capacity than any upstream culvert;
4. The elevation of the culvert invert shall be at the existing bottom grade of the artificial drainage conveyance;
5. The length of the driveway or roadway crossing the artificial drainage conveyance shall not exceed 30 feet from top of bank to top of bank;
6. The top width of the driveway or roadway shall not exceed 20 feet, the toe-to-toe width shall not exceed 40 feet, and side slopes shall be no steeper than 3 feet horizontal to 1 foot vertical;
7. Clean fill used for the crossing shall be obtained from an upland borrow pit or from a dredge site that is in compliance with the requirements of Part IV of Chapter 373, F.S.
8. There shall be no additional dredging, filling, or construction activities within the artificial waterway or project area, except those directly involved in the construction or operation and maintenance of the culverted crossing and those exempted from regulation under Part IV, Chapter 373, F.S.;
9. All temporary fill in construction areas must be removed and regraded to original elevations and revegetated;
10. The person performing the exempt activity must implement measures for erosion and pollution control using best management practices, including turbidity curtains or similar devices and other site specific practices, in strict adherence to the Florida Department of Transportation's "Standard Specifications for Road and Bridge Construction,(2007)" and Chapter 6 of “The Florida Development Manual: A Guide to Sound Land and Water Management (Department of Environmental Regulation, June 1988),” to prevent violations of state water quality standards. Temporary erosion control measures must be implemented prior to and during construction, and permanent erosion control measures for all exposed soils must be completed within seven calendar days of the most recent construction activity;
11. Any spoil material from construction or maintenance must be used or disposed of on an upland portion of the property or must be transported off site and deposited on a self-contained upland spoil site that is in compliance with the permitting requirements of this chapter, as applicable;
12. If dewatering is performed, all temporary fill dikes and dewatering discharges shall be installed and constructed so that no upstream flooding or impoundment occurs and to prevent siltation, erosion or turbid discharges in violation of state water quality standards. Any temporary works shall be completely removed, and all areas upstream and downstream from the crossing shall be restored to grades, elevations and conditions that existed before the construction;
13. This exemption shall apply only to a maximum of two crossings on any total land area with a minimum distance of 500 feet between crossings; and
14. This exemption shall not apply to activities involving relocation or other alteration of all or part of the artificial drainage conveyance, or construction for other than the proposed culvert or bridge crossing.
(c) The construction of the following minor roadway safety projects, provided that the capacity of existing swales, ditches or other stormwater management systems is not reduced, the projects are not located in wetlands or other surface waters, and the projects include best management practices during construction to prevent secondary impacts in adjacent wetlands or other surface waters due to erosion and sedimentation:
1. Sidewalks that have a width of six feet or less;
2. Turn lanes less than 0.25 mile in length, and other intersection improvements;
3. Road widening and shoulder paving projects which do not result in the creation of additional traffic lanes.
4. Road grading that involves no change in existing road surface elevations, and pavement resurfacing of existing roads, provided the activities do not result in the paving of travel lanes that are not already paved, except as otherwise provided in paragraph 62-346.051(4)(d), F.A.C.
(d) The repair, stabilization, or paving of existing county maintained roads and the repair or replacement of bridges that are part of the roadway, in accordance with Section 373.4145(3)(e), F.S., provided:
1. The road and associated bridge were in existence and in use as a public road or bridge, and were maintained by the county as a public road or bridge on or before January 1, 2002;
2. The construction activity does not realign the road or expand the number of existing traffic lanes of the existing road; however, the work may include the provision of safety shoulders, clearance of vegetation, and other work reasonably necessary to repair, stabilize, pave, or repave the road, provided that the work is constructed by generally accepted engineering standards;
3. The construction activity does not expand the existing width of an existing vehicular bridge in excess of that reasonably necessary to properly connect the bridge with the road being repaired, stabilized, paved, or repaved to safely accommodate the traffic expected on the road, which may include expanding the width of the bridge to match the existing connected road. However, no debris from the original bridge shall be allowed to remain in waters of the state, including wetlands;
4. Best management practices for erosion control shall be employed as necessary to prevent water quality violations. Such practices are outlined in Part IV, Applicant’s Handbook, Volume I;
5. Roadside swales or other effective means of stormwater treatment must be incorporated as part of the project;
6. No more dredging or filling of wetlands or waters of the state is performed than that which is reasonably necessary to repair, stabilize, pave, or repave the road or to repair or replace the bridge, in accordance with generally accepted engineering standards; and
7. Notice of intent to use the exemption must be provided to the Department 30 days prior to performing any work under the exemption.
In accordance with Section 373.4145(3)(e), F.S., the adoption of the noticed general permit in Rule 62-341.448, F.A.C., does not supersede this exemption.
(5) Docking, Pier, and Boat Ramp Facilities – Construction, Replacement or Repair.
(a) The construction, replacement or repair of pilings and dolphins associated with private docking facilities or piers, and the installation and repair of private docks, piers, and recreational docking facilities, or piers and recreational docking facilities of local governmental entities in accordance with Section 403.813(2)(b), F.S. This exemption shall include the construction and repair of structures on the dock, such as gazebos, or adjacent to the dock, such as boat shelters, provided such structures are not enclosed with walls and doors, are not used for residential or commercial purposes, or storage of materials other than those associated with water dependent recreational use, and provided the structures, including any roof area extending outside the footprint of the dock, does not exceed, together with the docking facility, the limitations specified in Section 403.813(2)(b), F.S.
(b) Construction of private docks of 1,000 square feet or less of over-water surface area in artificially created waterways in accordance with Section 403.813(2)(i), F.S.
(c) The replacement or repair of existing docks and piers, including mooring piles, in accordance with Section 403.813(2)(d), F.S., provided that the structure to be repaired or replaced must be functional for its intended or designed purpose before this exemption may be used, unless such structure has been rendered non-functional by a discrete event, such as a storm, flood, accident, or fire.
(d) The construction and maintenance to design specifications of boat ramps on artificial bodies of water where navigational access to the proposed ramp exists, or the construction and maintenance to design specifications of boat ramps open to the public in any wetlands or other surface waters where navigational access to the proposed ramp exists in accordance with Section 403.813(2)(c), F.S. Except as otherwise provided in this subsection, the installation of docks that are associated with and adjoining boat ramps constructed pursuant to this exemption shall be limited to an area of 500 square feet or less over surface waters of the state. For the purpose of this exemption, artificial bodies of water shall include residential canal systems, canals permitted by a water management district created under Section 373.069, F.S., and artificially created portions of the
(e) The construction, installation, operation, or maintenance of floating vessel platforms or floating boat lifts in accordance with Section 403.813(2)(s), F.S.
(6) Fish Attractors, Freshwater – Construction, alteration, maintenance, operation, and removal of freshwater fish attractors by the Florida Fish and Wildlife Conservation Commission, U.S. Forest Service, and county and municipal governments, provided that the material to be used shall be clean concrete, rock, brush, logs, or trees, and shall be free of soils, preservatives, oil, grease, debris, litter, putrescible substances, used appliances, asphalt material, tires, or other pollutants, and shall be firmly anchored to the bottom of the waterbody. The size of an individual fish attractor shall not exceed one quarter of an acre in area. The material shall be placed so that the top of the fish attractor is at least three feet below the surface of the water at ordinary low water and shall be outside any posted navigational channels. No fish attractor material shall be placed on or in areas vegetated by native aquatic vegetation. The site shall be marked with a buoy or buoys to ensure that no material is deposited outside of the site.
(7) Maintenance and Restoration of Systems.
(a) Maintenance activities in accordance with Sections 403.813(2)(f) and (g), F.S., including the notification requirements of Section 403.813(2)(f), F.S. The Department’s interpretation and implementation of these exemptions is explained in section 3.4.2.6 of the Applicant’s Handbook Volume I.
(b) The restoration of less than 100 feet in length of existing insect control impoundment dikes and the connection of such impoundments to tidally influenced waters in accordance with Section 403.813(2)(p), F.S. The connection shall be of sufficient cross-sectional area to allow beneficial tidal influence. Restoration shall involve no more dredging than needed to restore the dike to original design specifications, and the final elevation of the dredge area shall be within two feet of immediately adjacent bottom elevations.
(c) Alteration and maintenance of treatment or disposal systems, as provided in Rule 62-340.700, F.A.C.
(d) Operation and routine custodial maintenance of activities legally in existence, provided the terms and conditions of the permit, exemption, or other authorization for such activities continue to be met, and provided the work is conducted in a manner that does not cause violations of water quality standards. However, this exemption shall not apply to any activity that is altered, modified, expanded, abandoned, or removed.
(e) Construction and maintenance of swales in accordance with Section 403.813(2)(j), F.S.
(8) Mosquito Control Activities, Surface Waters or Wetlands Created by – Construction, alteration, operation, maintenance, removal, and abandonment of stormwater management systems, dams, impoundments, reservoirs, appurtenant works, or works in, on, or over lands that have become surface waters or wetlands solely because of mosquito control activities, in accordance with the provisions in Rule 62-340.750, F.A.C.
(9) Navigation, Aids to – The installation of aids to navigation, including bridge fender piles, “No Wake” and similar regulatory signs, and buoys associated with such aids, in accordance with Section 403.813(2)(k), F.S.
(10) Organic Detrital Material Removal in accordance with Sections 403.813(2)(r) and (u), F.S., including the notification provisions of Sections 403.813(2)(u)9. and 10., F.S.
(11) Piling Support Structures Associated With Water Testing or Monitoring Equipment by the Department or the NWFWMD – Installation of piling support structures associated with water testing or monitoring equipment by the Department or NWFWMD, provided that flow and navigation are not impeded.
(12) Pipes or Culverts, Repair or Replacement – The repair or replacement of existing functional pipes or culverts, the purpose of which is the discharge or conveyance of stormwater, in accordance with Section 403.813(2)(h), F.S. This exemption does not authorize the repair, replacement, or alteration of dam, spillways or appurtenant works, nor construction activities or procedures that cause violation of water quality standards as set forth in Chapter 62-302, F.A.C., and Rules 62-4.242, and 62-4.244, F.A.C.
(13) The construction, alteration, maintenance, removal or abandonment of recreational paths that:
(a) Are not located within surface waters of the state;
(b) Include best management practices during construction to prevent secondary impacts in adjacent wetlands or other surface waters due to erosion and sedimentation;
(c) Have a width of eight feet or less for unidirectional paths; and 12 feet or less for bidirectional paths; and
(d) Do not allow motorized vehicles powered by internal combustion engines, except for maintenance and emergency vehicles.
(14) Seawall and
(a) Construction of seawalls or riprap in artificially created waterways in accordance with Section 403.813(2)(i), F.S. An artificially created waterway is defined as a body of water that has been totally dredged or excavated and that does not overlap natural wetlands or other surface waters., including only that backfilling needed to level the land behind seawalls or riprap. For the purpose of this exemption, artificially created waterways shall also include existing residential canal systems.
(b) The restoration of a functional seawall or riprap in accordance with Section 403.813(2)(e), F.S. Such restoration shall be at or upland of its previous location, or within 18 inches waterward of its previous location, as measured from the face of the existing seawall slab to the face of the restored seawall slab, or from the front slope of the existing riprap to the front slope of the restored riprap. No filling can be performed except in the actual restoration of the seawall or riprap. No construction shall be undertaken without necessary title or leasehold interest, especially where private and public ownership boundaries have changed as a result of natural occurrences such as accretion, reliction and natural erosion. This exemption shall be limited to functioning seawalls or riprap. This exemption shall not affect the permitting requirements of Chapter 161, F.S.
(c) The construction of seawalls or riprap in wetlands or other surface waters, where such construction is between and adjoins at both ends existing seawalls or riprap, in accordance with Section 403.813(2)(o), F.S. In estuaries and lagoons, construction of vertical seawalls is limited to the circumstances and purposes stated in Sections 373.414(5)(b)1. through 4., F.S. This exemption shall not constitute an exception from the permitting requirements of Chapter 161, F.S.
(d) Installation of batter piles used exclusively to stabilize and repair seawalls and that do not impede navigation.
(15) Single-Family Residences and Associated Residential Improvements.
(a) The construction or private use of a single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger common plan of development or sale proposed by the applicant and does not involve wetlands or other surface waters;
(b) Stormwater management facilities designed to serve single-family residential projects conducted in conformance with Section 403.813(2)(q), F.S.
(16) Utilities.
(a) The installation of overhead transmission lines in accordance with Section 403.813(2)(a), F.S.
(b) The installation of subaqueous transmission and distribution lines in accordance with Section 403.813(2)(m), F.S.
(c) The replacement or repair of subaqueous transmission and distribution lines in accordance with Section 403.813(2)(n), F.S.
(d) Activities necessary to preserve, restore, repair, remove, or replace an existing communication or power pole or line, provided that the work does not involve dredge and fill activities other than the removal of the existing structure and the installation of the new structure, and, in the case of a power pole or line, the activity does not increase the voltage of existing power lines. An activity does not qualify to use this exemption if it results in relocation of an existing structure or facility more than 10 feet in any direction from its original location, or if it involves construction of new power or telephone lines or the repair and replacement of existing structures that require dredge and fill activities in order to provide access to the site.
(e) The installation, removal, and replacement of utility poles that support telephone or communication cable lines, or electric distribution lines of 35kV or less, together with the bases and anchoring devices to support those poles, as specified below. For the purpose of this exemption, "anchoring device" shall mean steel guy wires fastened to the ground, without the need for dredging, and “base” shall mean a concrete or steel foundation not exceeding four feet in radius, used to support a utility pole. This exemption shall be subject to the following conditions:
1. No more than 15 utility poles may be installed, removed, or replaced in wetlands;
2. This exemption shall not apply in surface waters other than wetlands;
3. The temporary disturbance to wetlands shall be limited to a length of 0.5 mile, an areal extent of 0.5 acre, and a width of 30 feet to access the site to actually install, remove, or replace the utility poles; thereafter, maintenance of the utility right-of-way in wetlands shall be limited to a cleared corridor that does not exceed a total width of 15 feet and a total area of 0.25 acre;
4. This exemption shall not apply in forested wetlands located within 550 feet from the mean or ordinary high water line of an Aquatic Preserve or a named waterbody that is designated as an Outstanding Florida Water or an Outstanding National Resource Water;
5. There shall be no permanent placement of fill other than utility poles and anchoring devices;
6. There shall be no dredging or filling to create fill pads or access roads, except for temporary mats, which may be used to access pole installation sites, and all temporary mats shall be removed within 30 days after the installation, removal or replacement of the utility poles, associated bases, and anchoring devices;
7. The installation of the utility poles and associated bases and anchoring devices shall not interfere with navigation or impede water flow in wetlands;
8. Turbidity, sedimentation, and erosion shall be controlled during and after construction to prevent violations of state water quality standards due to construction related activities;
9. Except for the permitted structures, pre-construction ground elevations and the contours of all soils that are disturbed by construction activities, including vehicle ruts in wetlands, shall be restored within 30 days of completion of the installation of the utility line or cable, and restored grades shall be stabilized within 72 hours following completion of elevation and contour restoration to minimize erosion;
10. Vehicle usage in wetlands shall be conducted so as to minimize tire rutting and erosion impacts;
11. Water jets shall not be used except for those that are a pre-engineered part of the pole, and provided that the water for the jets is either recirculated on site or is discharged in a self-contained upland disposal site;
12. Vehicular access in wetlands shall be limited to existing roads, trails, rights-of-way or easements, and to other previously disturbed corridors where they exist; and
13. Persons using this exemption shall provide an annual report to the Department that summarizes the activities conducted under this exemption for the period from January 1 to December 31 of each year, including: the acreage of temporary impacts in wetlands resulting from the use of temporary mats and the clearing of wetland vegetation; the extent of permanent impacts to wetlands, including the number of poles and structures in wetlands and the acreage of clearing in wetlands; the voltage of all electric lines that are installed; the number of times this exemption is used; the specific location of each line that is installed (including the county, the section, township, and range, and the identity of permanent landmarks such as roads and named wetlands and other surface waters within or adjacent to the work location), and the number of times and locations where water jets are used. This report shall be due on March 1 of each year.
(f) Construction, alteration, maintenance, removal, or abandonment of communication tower sites with one-half acre or less of impervious or semi-impervious surface such as access roads, buildings, and equipment pads. The design of above-grade access roads shall not adversely affect the conveyance of surface water flows. No activities associated with the tower site, including access to the site, shall be located in wetlands or other surface waters or within a 100-year floodplain.
(g) Construction, alteration, maintenance, removal, or abandonment of electrical distribution substation sites with one acre or less of impervious or semi-impervious surface such as access roads, buildings, and equipment pads. The design of above-grade access roads shall not adversely affect the conveyance of surface water flows. The site must be surrounded by swales, as defined in Section 403.803(14), F.S. No activities associated with the substation, including access to the site, may be located in wetlands or other surface waters or within a 100-year floodplain.
(h) Temporary trenches dug by hand or with equipment that create a trench less than two feet wide to install utilities such as communication cables, water lines, and electrical lines, provided such activities:
1. Are not located within surface waters of the state;
2. Do not impede or divert the flow of surface waters;
3. Are backfilled within 24 hours of disturbance to restore all grades and contours that existed prior to construction and installation;
4. Utilize and maintain erosion and soil stabilization controls in accordance with Part IV of the Applicant’s Handbook Volume I; and
5. Do not result in violations of water quality standards.
(17) Activities exempt under Section 373.406, F.S.
(18) Alteration of a wholly owned, artificial surface water created entirely from uplands that does not connect to surface waters of the state, except for those created for the purpose of providing mitigation under Part IV of Chapter 373, F.S. However, this exemption shall not be applicable until the effective date of the rules adopted under Section 373.4145(1)(b), F.S.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4145, 403.813(2) FS. History–New 10-1-07.
62-346.060 Conceptual Approval Permits.
(1) A conceptual approval permit is a type of individual permit that is binding to the extent of the activity specified in the permit and subject to the limitations in this section. Issuance of a conceptual approval permit is a determination that the conceptual plans are, within the extent of detail provided in the conceptual approval permit application, consistent with applicable rules at the time of issuance. A conceptual approval permit provides the conceptual approval permit holder with assurance, during the duration of the conceptual approval permit, that the engineering and environmental concepts upon which the designs of the conceptual approval permit are based are (in concept, and within the extent of detail provided in the conceptual approval permit) likely to meet applicable rule criteria for issuance of permits for subsequent phases of the project, provided:
(a) There are no changes in the rules governing the conditions of issuance of permits for future phases of the project; and
(b) Applications for proposed future phase activities under the conceptual approval permit are consistent with the design and conditions of the issued conceptual approval permit. Primary areas for consistency comparisons include the size, location and extent of the system, type of activity, percent imperviousness, allowable discharge and points of discharge, location and extent of wetland and other surface water impacts and proposed mitigation plan (if required), control elevations, extent of stormwater reuse, and detention/retention volumes. If an application for any subsequent phase activity is made that is not consistent with the terms and conditions of the conceptual approval permit and the conceptual approval permit is not modified to conform to the proposed activity, the conceptual approval permit will no longer be valid and the applicant can no longer rely on the conceptual approval permit as a basis, in part or whole, for issuance of permits for any future phase activities.
(2) Except as otherwise provided in paragraph (1)(b) above, the duration of a conceptual approval permit is five years, provided that a permit for the initial phase of construction or alteration of the system is obtained and construction has begun within two years of the granting of the conceptual approval permit. However, the time periods for duration or commencement of construction will be tolled if:
(a) The project approved by the conceptual approval permit is undergoing Development of Regional Impact review pursuant to Section 380.06, F.S., and an administrative appeal of that review has been filed; or
(b) The issuance of the construction permit for the first phase is under administrative review pursuant to Sections 120.569 and 120.57, F.S.; and
(c) The Department is notified, in writing, within two years of issuance of the conceptual approval permit, that administrative review under either paragraph (a) or (b) is pending.
If notice is given as provided above, the duration period and the two-year time period for obtaining a permit and commencing construction shall be tolled until the date of final action resolving such administrative appeal or review, including any judicial review.
(3) An application for a conceptual approval permit will be reviewed pursuant to the applicable standards, criteria, and procedures for processing individual permits established in this chapter. The conceptual approval permit shall contain specific conditions necessary to ensure that the future applications for permits to construct, alter, operate, maintain, remove, or abandon the system authorized in the conceptual approval permit are consistent with the conceptual approval permit and provide reasonable assurance that the proposed activity will meet the conditions for issuance.
(4) Unless otherwise stated in the permit, issuance of a conceptual approval permit does not authorize construction, alteration, operation, maintenance, removal or abandonment of a surface water management system, and does not relieve the holder of such permit of any requirements to obtain a permit for such activities. An application for construction authorization of the first phase also may be included as a part of the initial application. As the permittee desires to construct, alter, operate, maintain, abandon, or remove additional phases, new applications for such activities shall be processed as an individual permit, and the terms and conditions of the issued conceptual approval permit. Modifications of conceptual approval permits and subsequently issued permits for construction, alteration, operation, maintenance, removal, or abandonment shall be in accordance with Rule 62-346.100, F.A.C. Requests for an extension of duration of a conceptual approval permit shall be reviewed as provided in Rule 62-346.120, F.A.C.
(5) Applications for conceptual approval permits may be submitted and shall be reviewed by the Department only after the effective date of the rules adopted under Section 373.4145(1)(b), F.S.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026, 373.043, 373.044, 373.4145, 373.418, 380.06, 403.805(1) FS. Law Implemented 373.026, 373.409, 373.413, 373.4141, 373.4142, 373.4145, 373.416, 380.06 FS. History–New 10-1-07.
62-346.070 Procedures to Prepare Applications and Notices for Permits and to Request Verification of Qualification for an Exemption.
(1) The Operating Agreement delineates a division of responsibilities between the agencies for receiving, reviewing, and taking agency action on activities under the environmental resource permit program. All notices and applications under this chapter for environmental resource permits, modifications, extensions, transfers, or verification of qualification for an exemption must be submitted to the correct agency set forth in Rule 62-346.080, F.A.C., in accordance with the Operating Agreement.
(2) Applications and notices shall be prepared as follows:
(a) Applications for individual permits shall be made on Form 62-346.900(1), “Application for Stormwater Permit in
1. Applications to the Department for individual permits must contain one original of the completed application with original signatures on Section A; location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; construction plans, drawings, and other supporting documents requested in Section B that depict and describe the proposed activities; one paper copy of all the above; and the fee as required by Rule 62-346.071, F.A.C.
2. Applications to the NWFWMD for individual permits can be submitted through the NWFWMD Internet site at http://www.nwfwmd.state.fl.us/permits/permits-ERP.html. The application must include as attachments: location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; construction plans, drawings, and other supporting documents requested in Section B that depict and describe the proposed activities; and the fee as required by Rule 62-346.071, F.A.C. If the applicant does not utilize the electronic application, paper copies shall be submitted by mail or other delivery service to the appropriate office of the NWFWMD. If a paper application is submitted, it must include all requirements of subparagraph 62-346.070(2)(a)1., F.A.C., above, as for the Department.
(b) A notice of intent to use a noticed general permit under Chapter 62-341, F.A.C., shall be made at least 30 days prior to initiating the activities, or by such other time as specified in the noticed general permit by submitting a completed Form 62-346.900(2), “Notice of Intent to Conduct a Noticed General Permit in Northwest Florida,” incorporated by reference herein.
1. The notice to the Department must contain one original of the completed notice with original signatures; one copy of the completed notice; location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; two sets of construction plans, drawings, other supporting documents that depict and describe the proposed activities; and the notice fee required by Rule 62-346.071, F.A.C.
2. The notice to the NWFWMD can be submitted through the NWFWMD Internet site at http://www.nwfwmd.state.fl.us/permits/permits-ERP.html. The notice must include as attachments: location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; construction plans, drawings, and other supporting documents that depict and describe the proposed activities; and the fee as required by Rule 62-346.071, F.A.C. If the applicant does not utilize an electronic permit application, paper copies shall be submitted by mail or other delivery service to the appropriate office of the NWFWMD. If a paper application is submitted, it must include all requirements of subparagraph 62-346.070(2)(b)1., F.A.C., above, as for the Department.
(c) Verification of exemptions may be requested as provided below:
1. Applications to the Department for verification of exemptions for stormwater systems that do not involve any work in, on, or over surface waters of the state shall be made either electronically via the Internet site of the Department, or by submitting an “Application for Stormwater Permit in Northwest Florida” in accordance with paragraph 62-346.070(2)(a), F.A.C., or by letter. Applications for verification of any exemption that involves work in, on, or over waters of the state shall be made either on Form 62-312.900(1), “Joint Application for Works in the Waters of Florida,” incorporated by reference herein, or by letter. The application or letter must contain location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; two sets of construction plans, drawings, and other supporting documents that depict and describe the proposed activities.
2. Applications to the NWFWMD for verification of exemption under this chapter can be submitted through the NWFWMD Internet site at http://www.nwfwmd.state.fl.us/permits/permits-ERP.html. If the applicant does not utilize the electronic self-certification on the NWFWMD Internet site, then a verification of exemption may be obtained from the NWFWMD by providing the following for review: location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; and construction plans, drawings, and other supporting documents sufficient to depict and describe the proposed activities. The NWFWMD will advise in writing whether the activity is exempt.
(3) When application fees are submitted in the form of a check, the check shall be made payable to the processing agency as determined in accordance with subsection (1) above. The fee required for applications submitted to the NWFWMD may be tendered electronically made payable to the “Northwest Florida Water Management District.” All fees submitted are non-refundable except as provided in Section 120.60, F.S., and in this chapter.
(4) For individual permits issued pursuant to this chapter to federal agencies, a completed application shall also constitute a request for determination of concurrence under Florida’s Coastal Zone Management Program as provided in Section 307 of the Coastal Zone Management Act and 15 CFR 930, Subpart D.
(5) All copies of the construction plans, together with supporting calculations and documentation submitted to the Department must be signed, sealed, and dated by a registered professional, as required by Chapter 471, 472, 481 or 492, F.S., as applicable, when the design of the system requires the services of a registered professional for paper applications submitted to the Department or NWFWMD. For electronic application submissions to the NWFWMD, an electronic signature file must be submitted that shall serve the same purpose as individual signing or sealing of paper applications, plans, and supporting documents.
(6) Paper copies of applications or notices received by the Department or NWFWMD after 5:00 PM local time of the office to which the submittal is made shall be deemed as filed as of 8:00 AM on the next regular business day. Electronic applications or notices to the NWFWMD are considered to be received at the District Headquarters, which is in the Eastern time zone.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.0877, 403.805(1) FS. Law Implemented 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4141, 373.4145, 373.416, 373.426, 373.428, 403.0877 FS. History–New 10-1-07.
62-346.071 Fees.
(1) The fee required for the type of permit as provided in this chapter is as follows.
(a) Individual permits, including conceptual approval permits – the highest fee shall apply whenever an activity meets the criteria for more than one fee category in 1. through 3., below:
1. A project area of greater than or
equal to 100 acres, or that is capable
of impounding greater than or equal to
120 acre-feet of water $2,500
2. A project area of less than 100 acres
but greater than or equal to 40 acres, or
that is capable of impounding less than
120 but more than 40 acre-feet of water, or
that provides for the placement of 12 or
more acres of impervious surface that
also constitutes more than 40 percent of the
total land area $1,300
3. A project does not exceed any of the
thresholds in 1 or 2, above $300
4. Retrofits of existing surface water
management systems, in accordance with
section 2.10, Applicant’s Handbook Volume II $300
5. Activities requiring an individual permit
involving the following types of Class I
solid waste disposal facilities, as defined
in subsection 62-701.340(3), F.A.C.:
a. New Class I solid waste disposal facility $7,500
b. Major modification of an existing Class I
solid waste disposal facility $8,500
(b) Major modifications (see Rule
62-346.100, F.A.C. Same fee as a new application
(c) Minor modifications (see Rule 62-346.100, F.A.C.):
1. Minor modifications in accordance
with paragraph 62-346.100(1)(d), F.A.C. $ 0
2. To convert an individual permit from the
construction phase to the operation phase $ 0
3. That consist of a transfer of an individual
permit, or a time extension $ 50
(d) Noticed general permit $100
(e) Variances and waivers under Section
120.542, F.S. 0
(2) All fees shall be allocated pursuant to Section 373.109(1), F.S.
(3) The fee schedule above will supersede all other references to fees in Department rules or forms, where in conflict.
(4) This fee schedule does not apply to applications submitted by the U.S. Army Corps of Engineers for permits under Part IV of Chapter 373, F.S., or for certification pursuant to Sections 403.501 through 403.519, F.S. (the Florida Electrical Power Plant Siting Act); or to Sections 403.52 through 403.539, F.S. (the Florida Electric Transmission Line Siting Act).
(5) In accordance with Section 218.075, F.S., permit application fees shall be reduced for qualifying counties, municipalities, or third parities under contract with such counties or municipalities, to apply for a permit on the county or municipality’s behalf. A county, municipality, or third party as described above, shall apply to reduce the permit application fees by submitting Form 62-346.900(10) “County or Municipality Request to Reduce Permit Application Fees Pursuant to Section 218.075, F.S.,” incorporated by reference herein, for each fiscal year, certifying qualification with the requirements of Section 218.075, F.S. For such qualifying entities, any fee enumerated above that is in excess of $100.00 shall be reduced to $100.00.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.4145, 373.418, 403.805(1) FS. Law Implemented 218.075, 373.109, 373.4145, 373.418, 373.421 FS. History–New 10-1-07.
62-346.080 Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices.
(1) Petitions for formal determinations of the landward extent of wetlands and other surface waters shall be submitted as specified in Rule 62-343.040, F.A.C.
(2) All applications for environmental resource permits, variances, and other authorizations required under this chapter that are the responsibility of the Department under the Operating Agreement, except for activities as specified in subsection (5) below, shall be submitted to the district or branch office of the Department that has geographical jurisdiction over the location where the activity is to occur, as described in Figure 1A of the “Application for Stormwater Permit in Northwest Florida.” For purposes of this subsection, the term “Department” does not include the NWFWMD. At this time, the Department does not accept applications for permits submitted electronically, although such electronically-prepared applications may accompany the paper copies required in Rule 62-346.070, F.A.C.
(3) All applications and notices for environmental resource permits, petitions for variances, and other authorizations required under this chapter that are the responsibility of the NWFWMD under the Operating Agreement can be submitted to the NWFWMD Internet site at: http://www.nwfwmd.state.fl.us/permits/permits-ERP.html. If submitting paper copies, submit to the office of the NWFWMD that has geographical jurisdiction over the location where the activity is to occur, as described in Figure 1B of Form 62-346.900(1). Additional details for submitting applications and notices to the NWFWMD are contained in Rule 62-346.070, F.A.C.
(4) Activities that are within the geographical limits of a local government delegated responsibility for the environmental resource permit program of the Department or NWFWMD under Chapter 62-344, F.A.C., shall be submitted to that local government, or to the Department or NWFWMD in accordance with the terms of the Delegation Agreement with that local government as incorporated by reference in Chapter 62-113, F.A.C.
(5) In the case of activities that extend into the area of the Suwannee River Water Management that are the responsibility of the Department, the Director of District Management of the Department district office processing the application shall have the authority to take the final agency action on the entire application. However, if the applicant prefers, a separate application may be submitted to each district or branch office of the Department that has responsibility for activities within the geographical limits where the activity is located. In such case, the applications shall be individually reviewed and processed separately by the applicable Department district or branch office.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026, 373.043, 373.044, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.026, 373.118, 373.413, 373.4145, 373.416, 373.426 FS. History–New 10-1-07.
62-346.090 Processing of Notices and Applications.
(1) Noticed General Permits.
(a) The Department shall review a notice of intent to use a noticed general permit under Chapter 62-341, F.A.C., within 30 days of receipt.
(b) If, within 30 days of receipt, the Department notifies the applicant that the notice of intent to use a noticed general permit under Chapter 62-341, F.A.C., does not qualify due to any errors or omissions, the applicant shall have a one time 60 day period, from the date of notification, to submit additional information to correct such errors or omissions. If the applicant submits additional information that demonstrates compliance with the noticed general permit within the 60-day period, no additional application fee will be required.
(c) The Department shall notify the applicant whether or not the system qualifies for the noticed general permit within 30 days of receiving notice of intent or amended notice of intent to use a noticed general permit under Chapter 62-341, F.A.C.
(d) Unless otherwise provided in Chapter 62-341, F.A.C., if the Department does not notify the applicant within 30 days, then the applicant may conduct the activity authorized by the noticed general permit.
(e) If the Department notifies an applicant within 30 days that the activity does not qualify for the noticed general permit, the application fee for the noticed general permit shall be applied to the application fee for an individual permit, provided that the applicant makes an application for such a permit within 30 days of notification by the Department.
(f) All construction, operation, maintenance, alteration, abandonment, or removal of any system pursuant to a noticed general permit shall comply with the provisions of that permit, including all general and specific conditions.
(2) Individual (including Conceptual Approval) Permit Procedures.
(a) Within 30 days after receipt of an application, the Department shall determine whether the application is complete. In order to be considered complete, the submittal must contain the required fee and reasonable assurance that the activity will meet the terms and conditions for issuance in Rule 62-346.301, F.A.C.
(b) If the Department determines that the application does not contain the information in paragraph (2)(a), above, the Department will request the necessary information, including, as applicable, payment of the correct application fee, within 30 days after receipt of the application. Within 30 days after receipt of each submittal of timely requested additional information, the Department shall review that information and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information.
(c) The applicant shall have 90 days from the date the Department makes a timely request for additional information to submit that information to the Department. If an applicant requires more than 90 days in which to respond to a request for additional information, the applicant shall notify the Department in writing of the circumstances, at which time the application shall remain in active status for one additional period of up to 90 days. Additional extensions shall be granted for good cause shown by the applicant. A showing that the applicant is making a diligent effort to obtain the requested additional information and that the additional time period requested is both reasonable and necessary to supply the information shall constitute good cause. In such case, a specified amount of additional time shall be granted at the mutual consent of the Department and the applicant. If the applicant chooses not to or is unable to respond to the request for additional information, the application shall be denied.
(d) The Department shall notify the applicant if the activity is exempt from permitting. Such notice shall be given within 30 days of receipt of the application or receipt of additional information that demonstrates to the Department that the proposed activity is exempt from permitting requirements. Upon determination that the activity is exempt from permitting, the Department shall refund any tendered application fees.
(e) Applications for individual permits shall be evaluated for compliance with the criteria in Rule 62-346.301, F.A.C., the Applicant’s Handbook Volumes I and II, and the other rules incorporated by reference in this chapter.
(f) A notice of receipt of an application shall be provided to any persons who have filed a written request for notification of any pending applications affecting the particular area where the proposed activity is to occur. When requested, the Department will provide notice of intended agency action for a specific application.
(g) The Department shall make a determination and notify the applicant whether the application does or does not qualify for issuance of an individual permit within 90 days of receipt of a complete application, unless a written request to waive this time period is received from the applicant.
(h) If the application is determined to qualify for issuance of a permit, the Department shall either issue the permit, or a notice of intent to grant such permit.
(i) If the Department determines that the application does not qualify for issuance of an individual permit, or if the applicant does not respond to timely requests for additional information, the Department shall issue a notice of denial. If the Department informs the applicant that the application does not qualify for issuance of an individual permit, such notice must explain the reasons in general terms, and what changes in the permit application, if any, would address the reasons for denial.
(j) The Department shall require an applicant to publish at the applicant’s expense, in a newspaper of general circulation within the affected area, a notice of receipt of the application for those activities that, because of their size, potential effect on the environment or the public, controversial nature, or location, are reasonably expected by the Department to result in a heightened public concern or likelihood of request for administrative proceedings. In addition, the Department shall require an applicant to publish at the applicant's expense, in a newspaper of general circulation within the affected area, a notice of intended agency action to issue a permit for those activities that, because of their size, potential effect on the environment or the public, controversial nature, or location, are reasonably expected by the Department to result in a heightened public concern or likelihood of request for administrative proceedings. An application shall be denied if the applicant fails to publish either notice, or to provide proof of publication, as required in this chapter.
(k) Except as otherwise provided by law, pending complete applications shall be exempt from changes in the rules adopted after an application has been deemed to be complete.
(3) If an applicant submits an application fee in excess of the required fee, the Department shall begin processing the application and shall refund to the applicant the amount received in excess of the required fee.
(4) Unless otherwise provided for in this rule, processing fees for applications under one fee category shall not be refunded in whole or in part where an applicant modifies a project to qualify for a lesser fee category when the project did not qualify for that fee category when processing commenced. However, refunds shall be given for those applications that qualify for the lesser fee category solely as a result of a change in Department rules while the application is being processed.
(5) If the Department determines that a substantial revision to a complete application has been received, the Department shall notify the applicant of such determination and that the revised application is considered to be a major modification. The revised application shall be subject to the major modification fee under paragraph 62-346.071(1)(b), F.A.C., and processed as a new application subject to the provisions of subsection 62-346.090(2), F.A.C. For purposes of this subsection, the term “substantial revision” shall mean a revision that is reasonably expected to lead to significantly different environmental impacts and that will require a detailed review by the Department.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.413, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.109, 373.118, 373.4141, 373.4145 FS. History–New 10-1-07.
62-346.091 Documents Incorporated by Reference.
(1) The following documents are hereby incorporated by reference for use in this Chapter:
(a) “Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant's Handbook – Volume I (General),” excluding Appendices A, B, C, and D, effective [Effective Date].
(b) “Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant's Handbook – Volume II (Design Requirements for Stormwater Treatment and Management Systems – Water Quality and Water Quantity),” including Appendix A, effective [Effective Date].
(c) Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection,” executed on [date] and effective [effective date].
(d) The
(e) The Florida Stormwater, Erosion, and Sediment Control Inspector’s Manual, Florida Department of Environmental Protection and Florida Department of Transportation, Sixth Impression, April 2006.
(f) Florida Department of Transportation’s “Standard Specifications for Road and Bridge Construction, 2007.”
(2) The documents incorporated by reference in this section may be obtained from a district or branch office of the Department or NWFWMD, or by downloading from the Internet sites of the Department at http://www.dep.state.fl.us/water/wetlands/erp/rules/guide.htm, or NWFWMD at http://www.nwfwmd.state.fl.us/permits/permit-ERP.html.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026, 373.043, 373.044, 373.046, 373.113, 373.4145, 373.416, 373.418, 373.421,403.805(1) FS. Law Implemented 373.026, 373.042, 373.409, 373.0421, 373.043, 373.046, 373.413, 373.4132, 373.4142, 373.4145, 373.416, 373.418, 373.423, 373.426, 373.428, 373.433, 373.436, 373.439, 380.06(9), 403.813(2) FS. History–New 10-1-07.
62-346.095 Operation and Maintenance.
(1) Upon completion of a system constructed in conformance with an individual permit issued under this chapter, or a noticed general permit under Chapter 62-341, F.A.C., the permit must be converted from the construction phase to an operation and maintenance phase. The responsibility for operation and maintenance of systems permitted under this chapter or Chapter 62-341, F.A.C., shall be an obligation for the life of the system by a single entity that wholly owns or controls the lands on which any component of the permitted system is located. Such entity also must have the fiscal, legal, and logistical capability to perform operation and maintenance in accordance with Department rules and permit conditions. The conversion shall follow the procedures specified below, except that:
(a) Once the activities are completed in full compliance with the terms and conditions of the noticed general permit in Chapter 62-341, F.A.C., the system shall automatically be authorized to be operated for the life of the system by the permittee or by subsequent owners of the system.
(b) Systems that serve mining operations subject to the land reclamation requirements of Chapter 378, F.S., shall not be required to be converted to an operation and maintenance phase if they:
1. Have been successfully reclaimed in accordance with Chapter 378, F.S.;
2. Have met all success requirements of the individual permit issued under Part IV of Chapter 373, F.S.; when the construction phase of the permit includes all phases of construction, abandonment, reclamation, and final success determination over reclaimed lands; and
3. Do not contain components that require long-term operation or maintenance, such as conservation easements, state sovereign submerged lands authorizations, dams, above-grade impoundments, works, water control structures, erosion and sedimentation controls, or dewatering pits.
In addition, if the mine already is operating under an operation and maintenance phase of an individual permit, such operation and maintenance phase shall be allowed to terminate upon successful completion of all phases of reclamation and receipt of final success determinations by the Department over lands reclaimed under the permit issued under Chapter 378, F.S.
(2) Within 30 days after completion of construction of a whole system, or independent portion of a system, constructed in conformance with an individual permit issued under this chapter, the permittee shall submit Form 62-346.900(4), “As-Built Certification by a Registered Professional,” incorporated by reference herein. If the registered professional has certified that the system has been built substantially in compliance with the plans and specifications in the permit, and that such system is ready for inspection, the permittee shall also submit Form 62-346.900(6), “Request for Conversion of Stormwater Management Permit Construction Phase to Operation and Maintenance Phase,” incorporated by reference herein. Upon receipt and review of both forms, the Department will determine compliance with the terms and conditions of the permit and notify the permittee whether the conversion to the operation and maintenance phase will become effective. The operation and maintenance phase of an individual permit will not become effective if the Department determines that the activity subject to the permit is not in substantial compliance with all the plans, specifications, terms, and conditions of the permit. In such case, the permittee will be responsible for any necessary modifications, alterations, maintenance or repairs to bring the system into such compliance. The submittal of the above forms does not require a processing fee, and their review shall not require processing as a permit modification under Rule 62-346.100, F.A.C.
(3) Each phase or independent portion of the permitted system must be approved by the Department for conversion to the operation phase prior to the initiation of the permitted use of: that phase or independent portion of the facility; or the site infrastructure located within the area served by that portion or phase of the system.
(4) The permittee shall remain liable for compliance with the operation and maintenance of the system in accordance with the terms and conditions of the permit for the life of the system, unless such permit is transferred to an acceptable responsible entity in accordance with Rule 62-346.130, F.A.C. Entities who are acceptable to the Department to assume operation and maintenance responsibilities are described in Part V of the Applicant’s Handbook Volume I. Once transfer of the permit with its operation and maintenance responsibilities has been approved by the Department, the transferee shall be liable for compliance with all the terms and conditions of the operation and maintenance phase of the permit for the life of the system.
(5) For those systems that will be operated and maintained by an entity that requires an easement or deed restriction in order to operate and maintain the system in conformance with the permit, such easement or deed restriction, together with any other final operation and maintenance documents required by Part V of Applicant’s Handbook Volume I, must be submitted to the Department for approval. Deed restrictions, easements, and other operation and maintenance documents that require recordation with the Clerk of the Circuit Court must be recorded in the county where the project is located prior to any lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems that are to be operated and maintained by county or municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system.
(6) The operation and maintenance entity shall provide for the inspection of the stormwater management system at least once every third year after conversion of a permit to the operation phase. However, systems that include vegetated natural buffers and systems in karst sensitive areas shall be inspected at least annually. A report describing the results of the inspection and certifying that the system is operating as designed and permitted must be filed with the Department within 30 days after the third-year inspection; including those systems using a vegetated natural buffer or located in a karst sensitive area. A report shall also be submitted within 30 days of a system failure or deviation from the permit. The results of all such inspections shall be filed with the Department using Form 62-346.900(8), “Operation and Maintenance Inspection Certification,” incorporated by reference herein.
(7) The operation and maintenance entity of a regional stormwater management facility must notify the Department on an annual basis, using Form 62-346.900(9), “Regional Stormwater Management System Annual Report,” incorporated by reference herein, of all new systems and their associated stormwater volumes that have been allowed to discharge stormwater into the regional facility, and certifying that the maximum allowable treatment volume of stormwater authorized to be accepted by the regional stormwater management facility has not been exceeded.
(8) For activities that are the responsibility of the NWFWMD, all required forms identified in this rule can be submitted to the NWFWMD through their Internet site. If the applicant does not utilize the electronic form, paper copies shall be submitted by mail or other delivery service to the appropriate office of the NWFWMD.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.4145, 373.416,373.418, 403.805(1) FS. Law Implemented 373.118, 373.4141, 373.4145, 373.416 FS. History–New 10-1-07.
62-346.100 Modification of Permits.
(1) Modifications to an existing, currently valid individual permit may be requested by the permittee as follows:
(a) Applications for major modifications shall be made in accordance with the procedures for applying for a new permit applicable to the type of permit originally obtained. Applications for minor modifications shall be made in accordance with the same provisions, or by letter that describes the proposed modification, along with drawings reflecting changes in the design of the system. The modification request shall include payment of the fee required by Rule 62-346.071, F.A.C., except that minor modifications to noticed general permits shall not require an additional fee.
(b) All modification requests must be sent to the agency that issued the permit.
(c) All modification requests shall be reviewed, and will be issued or denied in accordance with the procedures in Rule 62-346.090, F.A.C., applicable to the type of permit being modified.
(d) Minor modifications include requests for a time extension pursuant to Rule 62-346.120, F.A.C., to correct errors or typographical mistakes, to incorporate changes requested by the Department or required through permits issued by other regulatory agencies, to change due dates for reporting or performance deadlines, to transfer a permit, or to make minor technical changes. However, for the purpose of this chapter, a modification shall be considered minor only when it does not:
1. Require a new site inspection by the Department to evaluate the request; or
2. Substantially:
a. Alter the system design or permit conditions;
b. Increase the authorized discharge;
c. Decrease the stormwater treatment or flood attenuation capability of the existing system as specified by the original permit;
d. Decrease any flood control elevations for roads or buildings specified by the original permit;
e. Increase the project area;
f. Result in additional loss of floodplain storage within the 10-year floodplain at a location where the upstream drainage area is greater than 5 square miles;
g. Increase the proposed impervious surface unless accounted for in the previously permitted design of the system;
h. Reduce the frequency or parameters of monitoring requirements, except in accordance with a permit condition that specifically provides for future adjustments in monitoring requirements; or
i. Reduce the financial responsibility mechanisms provided to ensure the continued construction and operation of the system in compliance with permit requirements, except in accordance with specific permit conditions that provide for a reduction in financial responsibility mechanisms.
(e) A modification that does not meet the requirements in paragraph (d) above is a major modification.
(2) Modifications to individual permits also may be required by the Department as follows:
(a) For good cause and after notice and an administrative hearing, if requested, the Department shall require the permittee to conform to new or additional conditions. Upon a showing by the permittee that a specific reasonable period of time is required to comply with the new or additional conditions, the Department shall allow the permittee such time to conform to the new or additional conditions. For the purpose of this section, any of the following shall constitute good cause:
1. A showing of any change in the environment or surrounding conditions that requires a modification to conform to applicable water quality standards;
2. For discharges into wetlands or other surface waters, a showing that new or changed classification of the water requires a modification of the discharge;
3. Adoption or revision of Florida Statutes, rules, or standards that require the modification of a permit condition for compliance;
4. To correct errors or omissions in the permit with the consent of the permittee; or
5. To correct a permit as a result of the submittal of incorrect or inaccurate information in the application.
(b) Where appropriate to revoke or modify a permit in accordance with Section 373.429, F.S.
(3) A person or entity other than a permittee or the Department may request a modification of a currently valid individual permit only when the person or entity has purchased, or is authorized to and intends to take ownership through condemnation or a contract to purchase, the part of a permitted system subject to the requested modification. In such case, the entity requesting the modification must submit either a formal application or letter modification in accordance with subsection (1) above, and must demonstrate that both the modified portions of the system and the unmodified portions of the system, including portions of the system remaining in the ownership of the existing permittee, will continue to comply with the conditions for issuance in Rule 62-346.301, F.A.C., Applicant’s Handbook Volumes I and II, and all permit conditions.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.026(7), 373.043, 373.109, 373.118, 373.409, 373.413, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.429 FS. History–New 10-1-07.
62-346.110 Duration of Permits.
Unless revoked, extended or otherwise modified, the duration of a permit under this chapter and Chapter 62-341, F.A.C., is:
(1) Five years to conduct activities under a noticed general permit in Chapter 62-341, F.A.C., commencing from the date notice is provided to the Department, or the date the Department verifies compliance with the terms and conditions of the noticed general permit in accordance with the procedures in subsection 62-346.090(1), F.A.C., whichever is later.
(2) Five years from the date of issuance for the construction phase, which is that period necessary to construct, alter, abandon, or remove a system in accordance with the terms and conditions of an individual permit, except where the permit expressly authorizes a longer duration. Applications requesting a longer duration must provide reasonable assurance that the activity for which the permit is to be granted cannot reasonably be expected to be completed within five years after commencement of construction.
(3) Life of the system for the operation and maintenance phase of a noticed general or individual permit, and for systems constructed in accordance with the terms and conditions of an exemption under Rule 62-346.051, F.A.C.
(4) As provided in Rule 62-346.060, F.A.C., for conceptual permits.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.409, 373.413, 373.4142, 373.4145, 373.416, 373.426 FS. History–New 10-1-07.
62-346.120 Permit Extensions.
(1) An application to extend the duration of an environmental resource permit may be applied for and will be evaluated in accordance with the provisions of this chapter applicable to permit modifications.
(2) A modification to extend a valid permit shall be granted if the application for extension is received by Department, and the activity:
(a) Continues to be consistent with plans, terms, and conditions of the valid permit;
(b) Is consistent with the Department's rules in effect at the time the Department takes final agency action on the request for extension; and
(c) Will not be harmful to the water resources of the District and not inconsistent with the objectives of the District.
(3) If a timely, sufficient, and complete application is received for an extension of a permit to construct, alter, abandon, or remove a system, then the existing permit shall remain in full force and effect until the Department takes action on the application for extension. If the request for permit extension is denied or the terms limited, the permit shall not expire until the last day for requesting review of the Department order, or a later date fixed by order of the reviewing court.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.409, 373.413, 373.4145, 373.416, 373.426, 373.429 FS. History–New 10-1-07.
62-346.130 Transfer of Ownership or Permit.
(1) At least 30 days prior to any transfer of ownership or control of the real property where any permitted activity is located, the permittee shall submit an executed Form 62-346.900(7), “Notification of Transfer of Permit,” incorporated herein by reference, to the agency that issued the permit. This form must contain original signatures of both the permittee and the proposed transferee. The submittal must include the processing fee specified in Rule 62-346.071, F.A.C., except that the initial conversion of the permit from the construction phase entity to the operation phase entity approved when the permit was issued shall not require a processing fee, and will not require processing as a permit modification under Rule 62-346.100, F.A.C.
(2) Except as provided in subsection (1), the request for transfer will be processed as a modification of the permit in accordance with Rule 62-346.100, F.A.C. The Department shall approve a request for transfer of a permit if the proposed transferee provides reasonable assurance that it can construct, operate and maintain the permitted system in conformance with the terms and conditions of the permit. Such provisions of reasonable assurance shall be limited to the ability of the transferee to comply with the conditions of the existing permit. Nothing herein shall limit the ability of the Department to modify the permit after transfer, as provided in Rule 62-346.100, F.A.C. If the Department proposes to deny the transfer, it shall, within 30 days of receipt of the application for transfer, provide both the existing permittee and the proposed new permittee a written notice of denial of such transfer, which will include the reasons for the denial.
(3) Until a transfer is approved by the Department, the permittee shall be liable for compliance with the terms and conditions of the permit, and may be liable for any corrective actions required as a result of any violations of the permit prior to the approval of the transfer by the Department.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1), FS. Law Implemented 373.118, 373.109, 373.409, 373.413, 373.4142, 373.4145, 373.416(2), 373.426 FS. History–New 10-1-07.
62-346.140 Suspension and Revocation.
(1) The Department shall revoke or suspend a permit:
(a) When necessary to protect the public health, safety or welfare;
(b) For material failure to comply with the provisions of the permit or of Part IV of Chapter 373, F.S., or rules adopted thereunder applicable to the permitted activity;
(c) If the permit holder or their agent:
1. Submitted false or materially inaccurate information in the application or in any reports submitted in support of the application or as required in the permit;
2. Has materially failed to submit operational reports or other information required by the permit or Department rules; or
3. Has refused lawful inspection under Section 373.423, F.S.
(2) Nothing in this section shall preclude the Department from exercising other enforcement remedies under Sections 120.569(2)(n), 120.60(5), 120.60(6), 120.69, 120.73, 373.119, 373.129(7), 373.136 and 373.430, F.S., either in addition to or instead of suspension or revocation described above.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026, 373.043, 373.044, 373.118, 373.4145, 373.418, 373.439, 403.805(1) FS. Law Implemented 373.026, 373.118, 373.413, 373.414, 373.4145, 373.416, 373.426, 373.429, 373.439 FS. History–New 10-1-07.
62-346.301 Conditions for Issuance of Individual Permits.
(1) In order to obtain an individual permit under this chapter, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal or abandonment of stormwater management system:
(a) Will not cause adverse water quantity impacts to receiving waters and adjacent lands;
(b) Will not cause adverse flooding to on-site or off-site property;
(c) Will not cause adverse impacts to existing surface water storage and conveyance capabilities;
(d) Will not cause a violation of the water quality standards set forth in Chapters 62-4, 62-302, 62-520, 62-522 and 62-550, F.A.C., including the provisions of Rules 62-4.243, 62-4.244 and 62-4.246, F.A.C., the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62-4.242(2) and (3), F.A.C., and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.;
(e) Will not cause adverse secondary impacts to the water resources. Until the effective date of rules required under Section 373.4145(1)(b), F.S., this shall be limited to not causing a violation of water quality standards and not lowering or raising seasonal water levels in adjacent surface waters of the state to an extent that prevents the stormwater management system from functioning as designed, not adversely altering normal water level fluctuations in adjacent surface waters of the state, and not otherwise adversely impacting the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S.
(f) Will be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed;
(g) Will be conducted by an entity with the financial, legal and administrative capability of ensuring that the activity will be undertaken in accordance with the terms and conditions of the permit, if issued; and
(h) Will comply with any applicable special basin or geographic area criteria rules incorporated by reference in this chapter. When karst features exist on the site of a proposed stormwater management system, in addition to paragraphs (a) through (g) above, the applicant must provide reasonable assurance that untreated stormwater from the proposed system will not reach the Floridan Aquifer through sinkholes, solution pipes, or other karst features.
(2) In instances where an applicant is unable to meet water quality standards because existing ambient water quality does not meet standards and the system will contribute to this existing condition, mitigation for water quality impacts can consist of water quality enhancement. In these cases, the applicant must implement mitigation measures that are proposed by or acceptable to the applicant that will cause net improvement of the water quality in the receiving waters for those parameters that do not meet standards.
(3) Except as provided in subsection 62-346.301(2), F.A.C., a showing by the applicant that a stormwater management system complies with the applicable criteria in Part III, Applicant’s Handbook Volume II, shall create a presumption that the applicant has provided reasonable assurance that the proposed activity meets the requirements in paragraphs 62-346.301(1)(a), (b), (c), and (e), F.A.C. A showing by the applicant that a stormwater management system complies with the applicable criteria in Part IV, Applicant’s Handbook Volume II, shall create a presumption that the applicant has provided reasonable assurance that the proposed activity meets the requirements in paragraph 62-346.301(1)(d), F.A.C. A showing by the applicant that a stormwater management system complies with the applicable criteria in Part V, Applicant’s Handbook Volume I and Part V of Applicant’s Handbook Volume II, shall create a presumption that the applicant has provided reasonable assurance that the proposed activity meets the requirements in paragraphs 62-346.301(1)(f), F.A.C. The applicant must also demonstrate that the activity can be operated and maintained in accordance with requirements in Part V of the Applicant’s Handbook Volume I, in order to meet the requirements in paragraph 62-346.301(g), F.A.C.
(4) An applicant’s submittal of alternative designs to those provided in Applicant’s Handbook Volumes I and II will be reviewed by the Department to determine whether, based on plans, test results, or other information, the alternative design provides reasonable assurance that the project satisfies the conditions for issuance in Rule 62-346.301, F.A.C.
(5) In addition to the criteria in subsections 62-346.301(1), (2) and (3), F.A.C., an applicant proposing the construction, alteration, operation, maintenance, abandonment, or removal of a dry storage facility for 10 or more vessels that is functionally associated with a boat launching area must provide reasonable assurance that the facility, taking into consideration any secondary impacts, will meet the public interest test of Section 373.414(1)(a), F.S., including the potential adverse impacts to manatees.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.042, 373.409, 373.413, 373.4142, 373.4145, 373.416, 373.4132, 373.426, 373.429 FS. History–New 10-1-07.
62-346.381 General and Special Limiting Conditions.
(1) The following general conditions shall be applicable to and binding on all individual permits issued pursuant to this chapter, unless the conditions are not applicable to the activity authorized by the permit, or where the conditions must be modified to accommodate unique, project-specific conditions.
(a) All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity may constitute grounds for revocation or enforcement action by the Department, unless a modification has been applied for and approved in accordance with Rule 62-346.100, F.A.C.
(b) This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity during the construction phase. The complete permit shall be available for review at the work site upon request by the Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.
(c) Activities approved by this permit shall be conducted in a manner that does not cause violations of state water quality standards.
(d) Immediately prior to, and during construction, the permittee shall implement and maintain erosion and sediment control best management practices required to retain sediment on-site and to prevent violations of state water quality standards. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All best management practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation, June 1988), unless a project-specific erosion and sediment control plan is approved as part of the permit. If project-specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediments beyond those specified in the approved erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in Chapter 6 of the
(e) Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven days after the construction activity in that portion of the site has temporarily or permanently ceased.
(f) At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Department a fully executed Form 62-346.900(3), “Construction Commencement Notice,” incorporated by reference herein, indicating the expected start and completion dates.
(g) Within 30 days after completion of construction of the whole system, or independent portion of the system, the permittee shall notify the Department that construction has been completed and the system is ready for inspection by submitting Form 62-346.900(4), “As-Built Certification by a Registered Professional.” If the registered professional has certified that the system has been built substantially in compliance with the plans and specifications in the permit, and that such system is ready for inspection, the permittee shall also submit Form 62-346.900(6), “Request for Conversion of Stormwater Management Permit Construction Phase to Operation and Maintenance Phase.” The system shall not be used and operated for its permitted purpose until the Department has approved the request to authorize the operation phase, in accordance with Rule 62-346.095, F.A.C. The “As-Built Certification” shall be based on the on-site observation of construction by the registered professional or by a designee under the direct supervision of the registered professional, and review of the permitted drawings for the purpose of determining if the work was completed in substantial compliance with permitted plans and specifications. The certification shall include as-built drawings in the form of the permitted drawings that clearly show any substantial deviations made during construction. The plans must be clearly labeled as “as-built” or “record” drawings. The following information, at a minimum, shall be verified on the as-built or record drawings:
1. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers;
2. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters;
3. Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine stage-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate;
4. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system;
5. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance systems utilized to convey off-site runoff around the system;
6. Existing water elevations and the date determined; and
7. Elevation and location of benchmarks for the survey.
(h) Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of the facility, or the site infrastructure located within the area served by that portion or phase of the system.
(i) The permittee shall remain liable for compliance with the operation and maintenance of the system in accordance with the terms and conditions of the permit for the life of the system, unless such permit is transferred to an acceptable responsible entity in accordance with Rules 62-346.095 and 62-346.130, F.A.C. Once transfer of the permit has been approved by the Department, the transferee shall be liable for compliance with all the terms and conditions of the operation and maintenance phase of the permit for the life of the system.
(j) Should any other regulatory agency require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that the Department can determine whether a permit modification is appropriate.
(k) This permit does not convey to the permittee or create in the permittee any property right or any interest in real property, nor does it authorize any entrance upon or activities on property that is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in this permit or Chapter 62-346, F.A.C.
(l) Pursuant to Section 373.422, F.S., prior to conducting any activities on sovereign submerged lands, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.
(m) The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit.
(n) The permittee shall notify the Department in writing at least 30 days prior to any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 62-346.095 and 62-346.130, F.A.C.
(o) Upon reasonable notice to the permittee, Department staff with proper identification shall have permission to enter, inspect, sample and test the system to ensure conformity with the plans and specifications authorized in the permit.
(p) If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the Department.
(q) The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate.
(r) The issuance of this permit does not relieve the permittee from the responsibility to obtain any other required federal, state, and local authorizations.
(s) The permittee is advised that, pursuant to Section 556.105, F.S., excavating contractors are required to provide certain information concerning the excavation that may affect underground facilities through the one-call notification system not less than two, nor more than five, business days before beginning any excavation.
(2) In addition to those general conditions set forth in subsection (1) above, the Department shall impose on any individual permit granted under this chapter such reasonable project-specific special conditions as are necessary to assure that the permitted system will not be harmful to the water resources, as set forth in Rules 62-346.301, F.A.C., and the Applicant’s Handbook Volumes I and II.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.117, 373.409, 373.413, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426, 373.428, 403.0877 FS. History–New 10-1-07.
62-346.451 Emergency Authorizations and Actions.
When the Department has determined that immediate action is necessary to abate an imminent or currently existing serious threat to the public health, safety, welfare, or the environment, the Department shall issue an emergency order authorizing or directing activities necessary to abate the emergency. When such an order is issued in whole or part under the authority of Section 373.119(2), F.S., it may also be based on a serious threat to reasonable recreational, commercial, industrial, or agricultural uses. The order shall recite the factual basis for it in accordance with Section 120.569(2)(n), F.S., and include all conditions (including a limitation on the duration of the emergency authorization) required to ensure that the activity authorized or directed does not exceed that necessary to abate the threat. When the activity conducted under the order has an operational or maintenance aspect that continues beyond the emergency, any required permits shall be applied for as soon as practicable.
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.4145, 373.418, 403.805(1) FS. Law Implemented 120.569(2), 373.119, 373.409, 373.413, 373.4145, 373.416, 373.418, 373.426, 373.439 FS. History– New 10-1-07.
62-346.900 Environmental Resource Permit Forms.
The forms and instructions used in the Environmental Resource Permit program under this chapter are incorporated by reference as stated in subsections (1) through (10) below. The forms are listed by rule number, which is also the form number, and with the subject title and effective date. Copies of forms may be obtained from the Internet sites of the Department at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm, or NWFWMD at http://www.nwfwmd.state.fl.us/permits/permits-ERP.html, or from any local district or branch office of the Department (see http://www.dep.state.fl.us/secretary/dist/) or NWFWMD, or by writing to the Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Office, M.S. 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or to Northwest Florida Water Management District, District Headquarters Office, 75 Water Management Drive, Havana, Florida 32333.
(1) “Application for Stormwater Permit in
(2) “Notice of Intent to Use an Environmental Resource Noticed General Permit in
(3) “Construction Commencement Notice,” incorporated by reference in paragraph 62-346.381(1)(f), F.A.C., [Effective Date].
(4) “As-Built Certification by a Registered Professional,” incorporated by reference in subsection 62-346.095(2), F.A.C., [Effective Date].
(5) Construction Completion and Inspection Certification for Systems not Requiring Certification by a Registered Professional – to be developed after adoption of the rules authorized under Section 373.4145(1)(a), F.S.
(6) “Request for Conversion of Stormwater Management Permit Construction Phase to Operation and Maintenance Phase,” incorporated by reference in subsection 62-346.095(2), F.A.C., [Effective Date].
(7) “Notification of Transfer of Permit,” incorporated by reference in subsection 62-346.130(1), F.A.C., [Effective Date].
(8) “Operation and Maintenance Inspection Certification,” incorporated by reference in subsection 62-346.095(6), F.A.C., [Effective Date].
(9) “Regional Stormwater Management System Annual Report,” incorporated by reference in subsection 62-346.095(7), F.A.C., [Effective Date].
(10) County or Municipality Request to Reduce Permit Application Fees Pursuant to Section 218.075, F.S.”, incorporated by reference in subsection 62-346.071(5), F.A.C. [Effective Date].
Proposed Effective Date: October 1, 2007.
Specific Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.019, 373.026, 373.109, 373.117, 373.118, 373.403, 373.409, 373.413, 373.4132, 373.414, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.4211, 373.423, 373.426, 373.428, 373.429, 380.06, 403.0877, 403.813(2) FS. History–New 10-1-07.