12029084, 40E-0.113 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12029084

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE

Overview

RULE:

40E-0.113

Variances from Specified Review Criteria for Environmental Resource Permits (Repealed)

PURPOSE:

The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012.  This statute requires the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental permitting (ERP) rules.  DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in SFWMD’s Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, and will necessitate amendments to SFWMD Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, F.A.C., and its existing Basis of Review. Therefore, the purpose of this rule development is to revise or repeal SFWMD’s rule 40E-0.113, F.A.C., to be consistent with DEP’s adoption of statewide ERP rules in Chapter 62-330, F.A.C.

SUBJECT:

Among other things, this rule development will cover the revision of SFWMD rules by rule amendment, development or repeal as needed to accomplish the establishment of statewide ERP rules on the following subjects: (1) procedures, and (2) other rules for which conforming amendments may be needed along with any rule changes to be consistent with Chapter 62-330, F.A.C., and the requirements of Section 373.4131, F.S.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.113, 373.171, 373.4131, 373.414(7), 668.003, 668.004, 668.50, F.S.

LAW:

120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.4131, 373.427, 668.003, 668.004, 668.50, F.S.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

RELATED STATUTES
AND LAWS:

120.54(5), 373.044, 373.113, 373.171, 373.4131, 373.414(7), 668.003, 668.004, 668.50, F.S., 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.4131, 373.427, 668.003, 668.004, 668.50, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40E-0.113&PDate=9/28/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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