40C-400.201: Policy and Purpose
40C-400.211: Processing Procedures for Noticed General Permits
PURPOSE AND EFFECT: The purpose and effect of this rule developments is to delete from Chapter 40C-400, F.A.C., the delegations to District staff that authorize staff to inform applicants submitting notices of intent to use a noticed general permit if the proposed system does not qualify for a noticed general permit. Amendments to Sections 373.083(5) and 373.118(5), F.S., enacted in 2010, provide that delegations are not subject to rulemaking. Regulatory delegations regarding environmental resource permits will be described solely in the Statement of Agency Organization and Operation, available on the District’s website at floridaswater.com. This rule development also would change the location of the posting of notices of intent to use a noticed general permit to the District’s website.
SUBJECT AREA TO BE ADDRESSED: The rule development concerns the delegation of authority to District staff to notify an applicant when the proposed system does not qualify for a noticed general permit. The rule development also addresses the location where the District will post notices of intent to use noticed general permits.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.083, 373.118, 373.413, 373.416, 373.426 FS.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Wendy Gaylord, Rules Coordinator, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, (386)326-3026, or wgaylord@sjrwmd.com.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40C-400.201 Policy and Purpose.
(1) The purpose of Part II of this chapter is to provide noticed general environmental resource permits for those activities which have been determined to have minimal impacts to the water resources of the district, both individually and cumulatively. Mitigation is neither necessary nor required for activities that qualify for noticed general permits. Persons wishing to use one or more of the general permits in this chapter shall be subject to the notice provisions of Rule 40C-1.1013, F.A.C., before any activity is conducted as authorized herein. The general conditions provided pursuant to Rule 40C-400.215, F.A.C., shall apply to all of the general permits in this chapter. Strict compliance with all of the terms, conditions, requirements, limitations and restrictions applicable to a desired noticed general permit under this Part is required to qualify for such a permit.
(2) For notices of intent to use a noticed general permit under Part II of this Chapter which are received and reviewed by a permitting office, the Governing Board appoints the Directors and Assistant Directors of the permitting offices as its agents for the purposes of reviewing these notices and informing the applicant, pursuant to Rule 40C-1.1013, F.A.C., if the system does not qualify for a noticed general permit. Any individual listed in subsection 40C-400.201(3), F.A.C., may act on behalf of the Directors and Assistant Directors of the permitting offices.
(3) For notices of intent to use a noticed general permit under Part II of this Chapter which are received and reviewed by the Headquarters office, the Governing Board appoints the Executive Director, Assistant Executive Director, Deputy Assistant Executive Director, Director of the Department of Resource Management, and the Assistant Directors of the Department of Resource Management as its agents for the purposes of reviewing these notices and informing the applicant, pursuant to Rule 40C-1.1013, F.A.C., if the system does not qualify for a noticed general permit.
Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.083, 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 1-4-96,_________.
40C-400.211 Processing Procedures for Noticed General Permits.
(1) through (2) No change.
(3) At the time that the District has received the notice of intent, it will provide public notice that the notice of intent has been filed. Such public notice shall be sent by regular mail to those people who have previously filed a written request for notification of pending applications within the affected area. The notice of intent for a noticed general permit shall be posted on the District website at floridaswater.com in the District headquarters and in the permitting office responsible for reviewing the notice of intent.
(4) through (10) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, 1-4-96,_________.