40D-4.331: Modification of Permits
PURPOSE AND EFFECT: The purpose of this rulemaking is to require use of a new Environmental Resource Permit (ERP) Modification Short Form application form instead of a letter when permittees apply for certain minor modifications of ERPs, and to allow applications to extend the duration of an ERP to be made using this new form. Rule amendments also eliminate the requirement to determine that completed construction complies with a currently valid permit when a permittee applies to extend the duration of a permit. Amendments also replace the term “renewal” with the term “extension.” The effect of these amendments will be to standardize the process for seeking minor modifications of ERPs.
SUMMARY: The District allows certain minor modifications of Environmental Resource Permits (ERPs) to be made without completing a full ERP application form and without payment of an application fee. Rule 40D-4.331, F.A.C., is amended to require use of a new Modification Short Form instead of a letter to request these minor modifications, to allow applications to extend the duration of an ERP to be made using the Modification Short Form, and to clarify that permits may be extended in duration, as opposed to being “renewed.” Applications to extend the duration of an ERP will be granted if the construction proposed to take place during the extended permit duration will comply with the District’s rules in effect at the time the application is filed.
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: 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.413, 373.416(1), 373.429, 373.805 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: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-4.331 Modification of Permits.
An application for modification of an Environmental Resource Permit shall be processed in accordance with this rule, unless the permit is revoked or expired.
(1) No change.
(2) Applications to modify a construction permit shall be made by formal or Short Form letter modification:
(a) Formal modifications
1. Except for those projects meeting the criteria for Short Form letter modifications in subsection (b), an alteration of the design of the surface water management system shall be reviewed in accordance with the same criteria as new applications pursuant to Rules 40D-4.101, 40D-4.301 and 40D-4.302, F.A.C.
2. through 3. No change.
(b) Except for projects identified in subsection (2)(a), applications to modify a permit may be made by submittal of a Modification Short Form application letter, provided the requested modification does not:
1. through 4. No change.
5. Decrease the required flood control elevations for roads or buildings, or
6. Decrease pollution removal efficiency., or
7. Renew or extend the existing permit duration.
(3) Applications for modification of a site conditions assessment permit shall be made by formal application and reviewed using the same criteria as new applications:
(a) through (b) No change.
(c) For any renewal or extension of a current permit, or
(d) No change.
(4) Application for permit modification to extend the existing permit duration of a construction permit or conceptual permit should be made using the “Environmental Resource Permit Modification Short Form,” adopted by reference in Rule 40D-1.659, F.A.C. shall occur by formal application and review, and Ssuch requests shall be submitted no sooner than 180 days prior to the permit expiration date.
(a) A modification seeking extension of a construction permit will be granted if it is reasonably assured by the applicant and determined that any completed construction is in compliance with a currently valid permit, and the proposed construction will be in compliance with the District’s rules in effect at the time the application for modification to extend is filed.
(b) No change.
(c) Each modification to extend will can be granted for a duration as needed, up to five years.
Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.413, 373.416(1), 373.429, 373.805 FS. History– Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 3-1-88, 10-1-88, 6-29-93, 10-3-95, 7-23-96, 2-1-05, 2-6-07, 12-24-07, 1-8-08, ________.