62-17.535 Notification of Construction of Transmission Lines Not Subject to the Act.
No change.
(1) through (3) No change.
(4) If the basis of the exemption from the Act under subSsection 403.524(4), F.S., is construction of any portion of the transmission line within one or more established transmission line rights-of-way, documentation of regarding the date each such right-of-way was established by means of a deed, grant, permit, license or reservation of easement, final judgment of condemnation or other legal instrument. If documentation of the date of establishment for such a right-of-way is not specifically available, the utility shall consult with the Department as to an acceptable substitute for demonstrating the establishment of the transmission line right-of-way at least five years prior to the start of construction.
Rulemaking Authority 403.523(1) FS. Law Implemented 403.524(4) FS. History–New________.
62‑17.540 Application for Corridor Certification and Precertification Amendments, Modifications.
(1) Applications for certification shall follow the format and shall be supported by information and technical studies, as prescribed by Section 403.5251, F.S. the Department’s application guide form 62‑1.212(1). Copies of this guide are available from a local District Office or by writing to the Department of Environmental Protection, Siting Coordination Office, MS 48, Commonwealth Blvd., Tallahassee, FL 32399-3000 as well as located on web site http://www.dep.state.fl.us/siting.
(a) through (b) No change.
(c) The applicant shall submit one copy of the application and any amendments thereto to a main public library in each county within which the corridor is located in proximity to the corridor for each county in which the corridor will be located. The proximity of the library to the corridor may also be considered by the applicant in selection of the library.
(2) No change.
(3) Applications shall also include;
(a) Information supporting any request for a variance, exception, exemption or other relief from the non‑procedural standards or rules of the Department or from the standards or rules of any other agency, as provided by Section 403.526(2)(b)1., F.S., including the reasons justifying such relief, and the condition which the applicant seeks to have included in the certification on this issue.
(4) No change.
Rulemaking Specific Authority 403.523(1), 403.531(2)(b) FS. Law Implemented 403.523(1)(2)(3)(5)(6), 403.5251, 403.526(2), 403.5275 FS. History–New 11‑20‑80, Amended 6‑26‑84, 17‑17.54(4) Transferred to 17‑17.545(1) and Amended 6‑26‑84, Amended 1‑26‑93, Formerly 17‑17.540, Amended________.
62‑17.590 Agency Reports, Project Analysis.
(1) The agency reports shall contain:
(a) A report as to the impacts of the project related to matters within the agency‘s jurisdiction as required by Section 403.526(2), F.S.;
(b) through (e) No change.
(2) No change.
Rulemaking Specific Authority 403.523(2), (3), (4), (5), (6), (7), (8), (9), (10), 403.526(2), (3) FS. Law Implemented 403.523(7)(8), 403.526 FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.590, Amended________.
62‑17.660 Post‑Certification Monitoring and Reporting.
(1) through (2) No change.
Rulemaking Specific Authority 403.532(1) FS. Law Implemented 403.523(8), 403.523(10) FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.660, Amended________.
62‑17.665 Management and Storage of Surface Waters, Activities in Surface Waters and Wetlands, and Water Quality, Postcertification Review.
No change.
(1) through (2) No change.
(3) The information submitted as part of subsection (1) of this section shall be in accordance with Section 403.5251, F.S., DEP Form 62‑1.212(1) and the following. Regardless of the type of drawings submitted, water quality assurance information must be submitted. When information is to be submitted after certification, the applicant may choose to submit the postcertification review of the transmission line in segments.
(a) through (d) No change.
(e) If upon ground truthing by the department it is discovered that the site is of a different type of general contour or vegetation type other than the type provided or if the information provided is not accurate, the applicant shall submit a revised drawings or information, as applicable, to the Department. Such revised generic drawings or information shall be in accordance with the requirements.
(4) through (5) No change.
(6) No change.
Rulemaking Specific Authority 403.523(1) FS. Law Implemented 373.421, 403.531(2)(3) FS. History–New 4‑15‑85, Formerly 17‑17.665, Amended________.
62‑17.680 Modification of Certification.
(1)(a) through (c) No change.
(2) Modifications requested by a licensee shall be processed in accordance with Section 403.5315(2), F.S., and the following:
(a) The process is initiated by the filing of a complete petition for modification. The petition shall contain a concise statement of the proposed modification; the factual reasons asserted for the modification; the changes in circumstance which justify the modification; a statement of whether, and if so, how the proposed modification if approved would affect the conditions of certification; a description of the portion of the transmission line as certified or previously modified which is the subject of the proposed modification; the anticipated effects of the proposed modification on the applicant, public, and the environment; and a copy of the appropriate alterations of the application as modified by the final order of certification, or subsequent modifications.
(a)(b) To be deemed properly filed, the licensee shall submit the number of paper and electronic copies determined below.
1. The licensee shall consult with the Department to determine the number of paper copies needed to support the modification review. At a minimum, three paper copies of the request shall be submitted to the Department’s Siting Coordination program, and one copy shall be submitted to the Department’s agency clerk and at least one copy of the request shall be sent to all parties to the original proceedings and any previous modification proceedings, at the last address on record for the party. Parties have a duty to notify the Department of changes of address.
2. No change.
(c) through (g) renumbered (b) through (f) No change.
Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.523(1), 403.5315 403.523(11), 403.535 FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.680, Amended________.
62‑17.750 Public Noticing Requirements.
(1) The following forms used by the Department of Environmental Protection are adopted and incorporated by reference as outlined below. The forms are listed by rule number which is also the form number, with the subject, title and effective date. Copies of forms may be obtained from the Department of Environmental Protection, Siting Coordination Office, MS. 48, 3900 Commonwealth Blvd., Tallahassee, FL., 32399 or by accessing the Office’s web site at http://www.dep.state.fl.us/siting.
(a) No change.
1. Notice of Filing an Application – DEP Form 62-17.750(1), effective as of (date). This notice shall:
a. Be published within 21 15 days after filing with the department;
b. through d. No change.
2. Notice of Certification Hearing – DEP Form 62-17.750(2), effective as of (date). This notice shall;
a. through d. No change.
e. Include a map of the proposed corridor(s) location.
3. Notice of Cancellation of Certification Hearing – DEP Form 62-17.750(3), effective as of (date). This notice shall;
a. through c. No change.
4. Notice of Deferment of Certification Hearing due to the Acceptance of Alternate Corridor(s) – DEP Form 62-17.750 (TL4), effective as of (date). This notice shall;
a. through e. No change.
5. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5), effective as of (date). This notice is required to be provided by the applicant in those counties which are traversed by the corridor proposed in the application, but not by an accepted alternate corridor for which a hearing is being rescheduled. The notice shall;
a. through d. No change.
e. Be published at least 30 days prior to the rescheduled certification hearing.
6. Notice of Modification of Certified Transmission Line Corridor – DEP Form 62-17.750(6), effective as of (date). This notice shall;
(b) No change.
1. Notice of Filing an Alternate Corridor – DEP Form 62-17.750(8), effective as of (date). This notice shall:
a. be published not less than 45 within 15 days before the rescheduled certification hearing after filing with the department;
b. through d. No change.
2. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5), effective as of (date). This notice is required to be provided by the proponent of an alternate corridor in those counties traversed by the proponent’s accepted alternate corridor, pursuant to subsection 403.5363(2), The notice shall;
a. through d. No change.
(c) A local government or regional planning council whose jurisdiction is to be crossed by a proposed transmission line corridor who proposes to conduct requests an Informational Public Meeting shall provide newspaper notice as required by Section 403.5363, F.S., using the form and procedures listed below.
1. Notice of Informational Public Meeting – DEP Form 62-17.750(7), effective as of (date). This notice shall be published by a local government or regional planning council in a newspaper of general circulation within whose jurisdiction is to be crossed by a proposed transmission line corridor and be published no later than 7 days prior to at least 15 days before the date of the meeting.
(2) No change.
Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.523, 403.526(3), 403.527(6)(c), 403.5271(1), 403.5271(1)(c), 403.5315(2), 403.5363 403.523(9), 403.527(1)(5), 403.535 FS. History–New 11‑20‑80, Transferred from 17‑17.61 and Amended 6‑26‑84, Formerly 17‑17.750, Amended________.