40D-40.044: General Permit for Site Conditions Assessment
40D-40.112: Content of Application for General Permits
40D-40.331: Modification of Permits
40D-40.381: General Conditions
PURPOSE AND EFFECT: The District proposes amendments to incorporate by reference the forms relating to general Environmental Resource Permits (ERPs) into the ERP rules instead of into Rule 40D-1.659, F.A.C. The amendments are part of an overall rulemaking effort to incorporate District forms into the particular rule applicable to each individual form. The effect is to make District rules identifying forms available for public use consistent with requirements for incorporating materials by reference. Forms will also be re-numbered and revised to contain the specific citation to the rule in which the form will now be incorporated.
SUMMARY: Currently, all District forms are incorporated by reference into Rule 40D-1.659, F.A.C. In response to comments from the Joint Administrative Procedures Committee, amendments are proposed to incorporate District forms and other materials into the specific rule which addresses the particular form or material. Forms are renumbered and revised to contain the specific rule citation in which each form is now incorporated. Rule 40D-40.044, F.A.C., is amended to incorporate by reference the form to be used in applying for a site conditions assessment permit. Rules 40D-40.112 and 40D-40.381, F.A.C., are amended to cite Rule 40D-4.101, F.A.C., instead of Rule 40D-1.659, F.A.C., as the rule incorporating the ERP application form. Rule 40D-40.331, F.A.C., is amended to cite Rule 40D-4.331, F.A.C., as the rule incorporating the Modification Short Form.
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, 373.118 FS.
LAW IMPLEMENTED: 373.117, 373.413, 373.414, 373.416, 373.416(1), 373.419, 373.429 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 4660
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-40.044 General Permit for Site Conditions Assessment.
(1) This general permit identifies and documents the boundaries of certain existing topographic and environmental site conditions within the applicant’s project area that are measurably associated with waters, as described in the application. To obtain a site conditions assessment permit, an applicant must submit five complete copies of a Permit Application for Site Conditions Assessment, Form 547.27/SCA (4/09), which form is incorporated herein by reference, and all requested supporting information. Copies of the form can be obtained from the District’s website at www.watermatters.org or at District offices.
(2) through (5) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 7-23-96, Amended 9-26-02,________.
40D-40.112 Content of Application for General Permits.
(1) To apply for a general permit, including an application for a general permit for minor surface water management systems, the applicant shall file with the District the application form identified and adopted by reference in paragraph 40D-4.101(1)(b) Rule 40D-1.659, F.A.C.
(2) through (5) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 10-16-96, 9-26-02, 2-19-04, 9-10-08,________.
40D-40.331 Modification of Permits.
A request for modification to extend a permit issued under this chapter shall be made in accordance with this rule. Requests to modify permits shall be made:
(1) In accordance with Rules 40D-4.091, 40D-4.331, 40D-40.040, 40D-40.112, 40D-40.301 and 40D-40.302, F.A.C., for general construction and operation permits and as applicable for all site conditions assessment permits; or
(2) By submittal of a Modification Short Form application incorporated adopted by reference in paragraph 40D-4.331(2)(b), Rule 40D-1.659, F.A.C., for general construction and operation permits provided the requested modification does not exceed the conditions of paragraph 40D-4.331(2)(b), F.A.C.
Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.416(1), 373.429 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 4-17-97, 9-26-02, 5-12-08,________.
40D-40.381 General Conditions.
The general permits issued pursuant to this chapter shall be subject to the following limiting conditions;
(1) No change.
(2) No change.
(a) through (b) No change.
(c) A site conditions assessment permit is the first phase of a construction permit. A site conditions assessment permit shall neither authorize construction, alteration, operation or maintenance of any surface water management system nor imply approval of any such activities in, on or over any wetlands or other surface waters, or elsewhere. At the time of application for modification of a site conditions assessment permit to a construction permit for a project area, the permittee shall submit a copy of the deed or other evidence or ownership, evidence of an easement or other documents evidencing authorization to perform the proposed work as provided in the environmental resource permit application form incorporated by reference in paragraph 40D-4.101(1)(b) Chapter 40D-1, F.A.C.
(3) through (5) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.117, 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 9-26-02, 8-3-03, 2-19-04, 5-4-05,________.