RULE NO: RULE TITLE
62-346.071: Fees.
PURPOSE AND EFFECT: The proposed amendments increase the fees in Rule 62-346.071, F.A.C., for environmental resource permit (ERP) program activities under Part IV of Chapter 373, F.S., within the geographic area of the Northwest Florida Water Management District (NWFWMD). These amendments accomplish two primary objectives as required by the statute. First, these changes comply with Section 373.109, F.S., which established a new $250 minimum fee for noticed general permits and individual permits; a new minimum fee of $100 to verify qualification for an exemption; and a new $100 minimum fee to conduct an informal wetland boundary determination. The new and minimum fees automatically became effective July 1, 2008.
Second, the rule is amended to increase all fees authorized under Part IV of Chapter 373, F.S., to reflect changes in the rate of inflation since the time each fee was established or most recently revised. Also, as required by the statute, the rule states that the Department will adjust all of the fees every five years based on changes in the consumer price index (CPI), and identifies the inflation index used for making the fee adjustments. The inflation index being used is the price paid by all urban consumers for a market basket of consumer goods and services; specifically, the CPI figures for the “CPI-U, U.S. City Average, All Items” established by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi/), computed as provided in the BLS publication “Handbook of Methods,” Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf).
These fees will apply to applications and notices for ERP activities reviewed and acted upon by the Department or the NWFWMD, in accordance with the division of responsibilities established by the Operating Agreement adopted in Chapter 62-113, F.A.C.
SUMMARY: New fees, minimum fees, and adjustments to all fees to reflect inflation, for ERP activities conducted under Part IV of Chapter 373, F.S., within the geographic area of the NWFWMD.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Minimum fees were established by Chapter 2008-150, L.O.F., and existing fees were adjusted, within applicable statutory caps, to reflect the increase in the cost of living since those fees were last adjusted. The increased fees are generally scaled in consideration of project size and complexity with higher fees charged for larger and more complex projects.
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, 373.109, 373.4145, 373.418, 403.805(1) FS.
LAW IMPLEMENTED: 218.075, 373.109, 373.4145, 373.418, 373.421 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 11, 2009, 10:00 a.m., ET
PLACE: Department of Environmental Protection, Bob Martinez Center, Room 609, 2600 Blair Stone Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary VanTassel at (850)245-8486. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Stoutamire, Florida Department of Environmental Protection, Division of Water Resource Management, 2600 Blair Stone Road, MS 3500, Tallahassee, FL 32399-2400, telephone (850)245-8490, or e-mail: Jim.Stoutamire@dep.state.fl.us. Further information and updates on development of this rule also may be obtained from the Department’s Internet site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC # 08-1673)

THE FULL TEXT OF THE PROPOSED RULE IS:

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	$3,510 ~~$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	$1,340 ~~$1,300~~
3. A project does not exceed any of the thresholds in subparagraph 1. or 2., above	$310 ~~$300~~
4. Retrofits of existing surface water management systems, in accordance with section 2.10, Applicant’s Handbook Volume II	$310 ~~$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	$10,520 ~~$7,500~~
b. Major modification of an existing Class I solid waste disposal facility	$11,920 ~~$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	$80 $50
4. For minor modifications of Individual and Conceptual Approval Permits for Class I solid waste disposal facilities	$2,110
(d) Verification of qualification to use a Noticed General Permit, except:	$250 ~~$100~~
1. Paving of existing municipally-owned roads under Rule Rule 62-312.824 or 62-341.448, F.A.C.	$0
2. Environmental enhancement and restoration activities conducted by the U.S. Army Corps of Engineers under Rule 62-341.486, F.A.C.	$0
(e) Variances and waivers under Section 120.542, F.S.	$ 0
(f) Verification that an activity is exempt from regulation under Section 403.813, F.S., or Part IV of Chapter 373, F.S.	$100

(2) through (5) No change.

(6) The fees in subsection (1) shall be increased on March 1, 2013, and at subsequent 5-year intervals to bring the fees up-to-date using the annual CPI average rate for each year of the five-year interval. The annual CPI average rate shall be calculated by averaging the previous five years of Consumer Price Index figures for the “CPI-U, US City Average, All Items” established by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi/), computed as provided in the BLS publication “Handbook of Methods,” Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf). The Department shall round any increased fees to the next highest whole ten dollar increment. In the event of deflation during the 5-year interval, the Department shall consult with the Executive Office of the Governor and the Legislature to determine whether downward fee adjustments are appropriate based on the current budget and appropriation considerations.

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, Amended_________.