40D-40.302: Conditions for Issuance of General Permits
40D-40.381: General Conditions
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to make District rules for general environmental resource permit application processing consistent with recent statutory amendments relating to the processing of permit applications.
SUMMARY: Paragraph 40D-40.302(6)(a), F.A.C., is amended to delete the provision defining how District staff demonstrates that it is recommending approval of the individual permit that is associated with the incidental site activities general permit to be issued under this rule. Paragraph 40D-40.381(3)(b), F.A.C., is amended to substitute the word “District” for “Governing Board.”
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: 373.079(4)(a), 373.083(5), 373.117, 373.413, 373.414, 373.416, 373.419 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, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, ext. 4660
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-40.302 Conditions for Issuance of General Permits.
(1) through (5) No change.
(6) Additional Conditions for an Incidental Site Activities Permit
(a)1. through 5. No change.
6. District staff has reviewed the individual environmental resource permit application and is recommending approval of the individual permit. For the purpose of this section, District staff is recommending approval of the individual permit when the Regulation Department Director has issued a letter informing the applicant that the application is complete and the staff will be recommending approval of the application to the Governing Board;
7. through 10. No change.
Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 5-10-88, 9-13-88, 10-3-95, 7-23-96, 7-16-02, 9-26-02, 8-3-03, 2-19-04, 2-1-05, ________.
40D-40.381 General Conditions.
(1) through (2) No change.
(3) For general permits authorizing incidental site activities, the following limiting general conditions shall also apply:
(a) No change.
(b) The incidental site activities are commenced at the permittee’s own risk. The District Governing Board ll not consider the monetary costs associated with the incidental site activities or any potential restoration costs in making its decision to approve or deny the individual environmental resource permit application. Issuance of this permit shall not in any way be construed as a commitment to issue the associated individual environmental resource permit.
(4) through (5) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.079(4)(a), 373.083(5), 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,________.