62-113.100: Purpose
PURPOSE AND EFFECT: To incorporate by reference an Agreement between the Department of Environmental Protection (DEP) and Miami-Dade County (MDC) for delegation of a portion of the Environmental Resource Permit (ERP) program under Part IV of Chapter 373, F.S., to MDC. The delegation will include the authority for MDC to review and take agency action on applications for permits and petitions for variances of certain water quality provisions, compliance, enforcement, and formal determinations of wetlands and other surface waters within the designated boundaries of delegation. Activities located within the Comprehensive Everglades Restoration Project boundaries, activities in, on or over state-owned submerged lands, and certain other activities will not be delegated and will remain the responsibility of the DEP.
A Notice of Development of Rulemaking was originally published on August 17, 2007, in the Florida Administrative Weekly. A public rule development workshop on this delegation was held on October 9, 2007. Because it has been over one year ago, DEP is re-publishing this Notice of Development of Rulemaking.
SUBJECT AREA TO BE ADDRESSED: To incorporate by reference an Agreement in Rule 62-113.100, F.A.C., between the DEP and MDC that will delegate a portion of the ERP program under Part IV of Chapter 373, F.S., to MDC within a specified geographical area.
SPECIFIC AUTHORITY: 373.043, 373.046, 373.418, 403.061 FS.
LAW IMPLEMENTED: 373.026, 373.046, 373.441, 403.061, 403.182 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone (850)245-8486, or e-mail: Mary.VanTassel@dep.state.fl.us. Further information and updates on this proposed rule also may be obtained from the Department’s Web Site at: http://www.dep.state.fl.us/water/rules_dr.htm#erp. (OGC Tracking No. 05-2688)
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
62-113.100 Purpose.
(1) No change.
(2) Delegations to political subdivisions.
(a) through (p) No change.
(q) #07-X: Agreement for Delegation of a Portion of the Environmental Resource Permitting Program Between the Florida Department of Environmental Protection, the South Florida Water Management District and Miami-Dade County [Effective Date].
(3) No change.
Rulemaking Specific Authority 373.043, 373.046, 373.418, 403.061 FS. Law Implemented 373.026, 373.046, 373.441, 403.061, 403.182 FS. History—New 1-5-93, Amended 11-16-93, 3-14-94, Formerly 17-113.100, Amended 7-4-95, 4-3-96, 3-24-98, 12-3-98, 7-16-01, 7-1-07,_______.