40C-4.091: Publications Incorporated by Reference
40C-4.302: Additional Conditions for Issuance of Permits
PURPOSE AND EFFECT: The purpose and effect of this proposed rule amendment is to incorporate by reference an amended operating agreement between the St. Johns River Water Management District and the Department of Environmental Protection regarding regulatory responsibilities under Part IV, Chapter 373, F.S. The operating agreement addresses the division of responsibilities between the two agencies for permitting, compliance, enforcement, and for wetland determinations.
SUBJECT AREA TO BE ADDRESSED: The proposed rule amendment contains the following revisions: (1) the Florida Department of Environmental Protection (DEP) will accept regulatory responsibility for any shore protection structures, including seawalls, within the Mosquito Lagoon, Banana River, or Indian River, including all tributaries thereto, that serve residential dwelling units that are the responsibility of DEP to review; (2) DEP will accept regulatory responsibility for review of non-exempt aquaculture activities; (3) DEP will accept regulatory responsibility for review of all activities on sovereignty submerged lands leased by DEP’s Division of Recreation and Parks (except for activities proposed by DEP); (4) numerous clarifications are made regarding the division of responsibilities with respect to various facilities and mining activities regulated by DEP; (5) clarifications are made regarding the procedures to be followed for incorrectly submitted applications and petitions, and for permit modifications; (6) expansion of the instances when the District and DEP can deviate from the general division of responsibilities when one agency has a proprietary interest (such as a conservation easement) in the project; (7) DEP will relinquish much of their current mitigation bank and regional offsite mitigation area (“ROMA”) agreement proposal review so that DEP will only review permit applications for mitigation banks and ROMA agreement proposals filed by: (a) entities proposing to use District-owned lands; (b) governmental entities (excluding DEP), solely to offset impacts to single-family residential units for which DEP reviews and takes final action; and (c) the District; and (8) the District will coordinate compliance and enforcement actions with DEP for environmental resource permit (ERP) violations that also constitute a sovereignty submerged lands (SSL) violation, where the resolution of the ERP violation does not fully resolve the SSL violation (so that DEP can address the SSL violation).
SPECIFIC AUTHORITY: 373.044, 373.046, 373.113 FS.
LAW IMPLEMENTED: 373.016(5), 373.046, 373.103, 373.421(2) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: October 18, 2006, 2:00 p.m. – 4:00 p.m.
PLACE: St. Johns River Water Management District Headquarters, Governing Board Room, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Norma K. Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32178-2529, (386)329-4459, Suncom 860-4459, email address nmesser@sjrwmd.com.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40C-4.091 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference:
(a) Part I “Policy and Procedures,” Part II “Criteria for Evaluation,” Subsections 18.0, 18.1, 18.2, and 18.3 of Part III and Appendix K “Legal Description Upper St. Johns River Hydrologic Basin,” “Legal Description Ocklawaha River Hydrologic Basin,” “Legal Description of the Wekiva River Hydrologic Basin,” “Legal Description of the Econlockhatchee River Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Alachua County,” “Legal Description Tomoka River Hydrologic Basin,” “Legal Description Spruce Creek Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Marion County,” and “Legal Descriptions of the Lake Apopka Hydrologic Basin,” and Appendix M “Regional Watersheds for Mitigation Banking,” of the document entitled “Applicant’s Handbook: Management and Storage of Surface Waters,” effective_______ 2-1-05.
(b) Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S. Between St. Johns River Water Management District and Department of Environmental Protection dated (effective date) 8-25-94.
(c) No change.
(2) No change.
Specific Authority 373.044, 373.046(4), 373.113, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461 FS. Law Implemented 120.60, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.146(1), 373.406, 373.413, 373.4135, 373.4136 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 380.06(9), 403.813(2) FS. History–New 12-7-83, Amended 10-14-84, Formerly 40C-4.091, Amended 5-17-87, Formerly 40C-4.0091, Amended 8-20-87, 10-1-87, 10-11-87, 11-26-87, 8-30-88, 1-1-89, 8-1-89, 10-19-89, 4-3-91, 9-25-91, 11-12-91, 3-1-92, 7-14-92, 9-8-92, 9-16-92, 11-12-92, 11-30-92, 1-6-93, 1-23-94, 2-27-94, 11-22-94, 10-3-95, 8-20-96, 11-25-98, 12-3-98, 1-7-99, 1-11-99, 8-21-00, 7-8-01, 10-11-01, 4-10-02, 9-26-02, 3-7-03, 11-11-03, 2-1-05,________.
40C-4.302 Additional Conditions for Issuance of Permits.
(1) No change.
(2) When determining whether a permit applicant has provided reasonable assurances that District permitting standards will be met, the District shall take into consideration the applicant’s violation of any Department rules adopted pursuant to Sections 403.91 - 403.929, F.S., (1984 Supp.), as amended, which the District had the responsibility to enforce pursuant to delegation, or any District rules adopted pursuant to part IV, Chapter 373, F.S., relating to any other project or activity and efforts taken by the applicant to resolve these violations. The Department’s delegation to the District to enforce Department rules is set forth in the Operating Agreement concerning Stormwater Discharge Regulation and Dredge and Fill Regulation, dated January 4, 1988; Operating Agreement concerning Management and Storage of Surface Waters Regulation and Wetland Resource Regulation between the St. Johns River Water Management District and Department of Environmental Regulation, dated August 28, 1992; and Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated August 25, 1994; Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated December 3, 1998; and Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated (effective date), all incorporated by reference in Rule 40C-4.091, F.A.C.
Specific Authority 373.016, 373.044, 373.046, 373.103, 373.113, 373.171, 373.414(9), 373.418 FS. Law Implemented 373.016(2), 373.042, 373.409, 373.413, 373.414, 373.416, 373.418, 373.426, 380.23 FS. History–New 10-3-95, Amended 10-11-01,________.
APPLICANT’S HANDBOOK SECTION:
10.1.2 When determining whether a permit applicant has provided reasonable assurances that District permitting standards will be met, the District shall take into consideration the applicant’s violation of any Department rules adopted pursuant to Sections 403.91-403.929, F.S., (1984 Supp.), as amended, which the District had the responsibility to enforce pursuant to delegation, or any District rules adopted pursuant to Part IV, Chapter 373, F.S., relating to any other project or activity and efforts taken by the applicant to resolve these violations. The Department’s delegation to the District to enforce Department rules is set forth in the Operating Agreement concerning Stormwater Discharge Regulation and Dredge and Fill Regulation, dated January 4, 1988; Operating Agreement concerning Management and Storage of Surface Waters Regulation and Wetland Resource Regulation between the St. Johns River Water Management District and Department of Environmental Regulation, dated August 28, 1992; and Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated August 25, 1994; Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated December 3, 1998; and Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection dated (effective date), all incorporated by reference in Rule section 40C-4.091, F.A.C.