62-113.100: Purpose
PURPOSE AND EFFECT: The rule will repeal the City of Tallahassee’s delegation to review and take agency action on stormwater general permits under Chapter 62-25, F.A.C., on behalf of the Department. This delegation was granted to the City on January 29, 1998, per the Delegation Agreement incorporated by reference in paragraph 62-113.100(2)(o), F.A.C. Upon implementation of the Phase 1 Environmental Resource Permit (ERP) program rules authorized under Section 373.4145, F.S., on October 1, 2007, Chapter 62-25, F.A.C., will no longer be used to authorize new stormwater management systems within the geographic limits of the Northwest Florida Water Management District, which includes the City of Tallahassee. At this time, the City has elected not to pursue delegation of the new ERP program. Therefore, the Department is repealing the Delegation Agreement, effective on the close of business, Friday, September 28, 2007.
Under the terms of the Delegation Agreement, the City will remain responsible for the review and agency action on applications for stormwater general permits that are complete on or before September 28, 2007. The City also will remain responsible for compliance and enforcement for those stormwater discharge systems that were permitted by the City under the terms of the Delegation Agreement. For all other applications for new stormwater management systems that require a permit under the ERP rules authorized under Section 373.4145, F.S., on or after October 1, 2007, the review, agency action, compliance, and enforcement will be the responsibility of either the Department or the Northwest Florida Water Management District, in accordance with the new rules.
The repeal of the Chapter 62-25, F.A.C., stormwater delegation will not change the authority of the City to continue requiring a separate local authorization to construct and operate stormwater management systems within the City after the termination of the Delegation Agreement.
SUMMARY: The rule will repeal the incorporation by reference in paragraph 62-113.100(2)(o), F.A.C., of the Delegation Agreement #98-1, “Delegation Agreement Concerning Stormwater Between the Department of Environmental Protection and the City of Tallahassee,” signed January 29, 1998.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 373.043, 373.046, 373.418, 403.061 FS.
LAW IMPLEMENTED: 373.026, 373.046, 373.441, 403.061, 403.182 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Van Tassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8486, or e-mail: Mary.VanTassel@dep.state.fl.us. Further information and updates on this rule development also may be obtained from the Department’s web site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC Tracking No. 07-1298)
THE FULL TEXT OF THE PROPOSED RULE IS:
62-113.100 Purpose.
This rule chapter lists the delegation agreements which have been entered into by the Department with another state agency, political subdivision or water management district, and which delegate any of the Department’s duties and responsibilities under Chapters 253, 373, 376 and 403, F.S., and Title 62, F.A.C. This rule chapter additionally lists the agreements with water management districts which specify that the Department is exercising any of its independent regulatory authorities pursuant to Chapter 373, F.S. For purposes of Title 62, F.A.C., wherever the term “Department” appears, it shall mean the Florida Department of Environmental Protection or its delegatee as provided in the agreements listed in Chapter 62-113, F.A.C. These delegation agreements are hereby incorporated by reference and are available for public inspection and copying during normal business hours at the Department’s Office of General Counsel,
(1) No change.
(2) Delegations to political subdivisions.
(a) through (n) No change.
(o) #98-1: Delegation Agreement Concerning Stormwater Between the Department of Environmental Protection and the City of
(o)(p) No change.
(3) No change.
Specific Authority 373.043, 373.046, 373.418, 403.061 FS. Law Implemented 373.026, 373.046, 373.441, 403.061, 403.182 FS. History–New 1-5-93, Amended 11-16-93, 3-14-94, Formerly 17-113.100, Amended 7-4-95, 4-3-96, 3-24-98, 12-3-98, 7-16-01, 7-1-07,__________.