11474632, 40D-4.331 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11474632

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.331

Modification of Permits (Repealed)

PURPOSE:

The purpose of this rulemaking is to specify the date from which an extension of an Environmental Resource Permit is calculated, to clarify that the “Environmental Resource Permit Modification Short Form” may be utilized by an applicant seeking extension of a Site Conditions Assessment Permit, and to correct grammatical and organizational inconsistencies .  The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public.

SUMMARY:

Subsection 40D-4.331(4), F.A.C., allows applicants seeking a modification to extend the permit duration of a construction permit or conceptual permit to utilize the “Environmental Resource Permit Modification Short Form,” Form No. LEG-R.013.02 (8/11) (Short Form).  The proposed rule change will allow applicants seeking to extend the duration of a Site Conditions Assessment Permit to utilize the Short Form. This change reduces the costs for and regulatory burdens on a permittee seeking to extend an existing Site Conditions Assessment Permit, and promotes efficiency and consistency in the way the District processes applications seeking extension.  Historically, Subsection 40D-4.331(4), F.A.C., restricted the filing of applications for permit modification for extension to 180 days prior to the permit expiration date. In a rulemaking finalized February 9, 2012, this restriction was removed from the rule in an effort to streamline District regulations and ease the regulatory restrictions on applicants. However, it has since been determined that the removal of the restriction created uncertainty as to the date from which an extension was calculated.  The proposed rule changes will clarify this uncertainty by specifying that the duration of an extension will be calculated from the date that it is granted.  Lastly, several areas within Subsection 40D-4.331(4), F.A.C., were identified where grammatical and organizational changes are necessary in order to clean up the language of the subsection. This rulemaking will adopt the grammatical and organizational changes, which will result in greater clarity in the understanding and application of the rule.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.149, 373.171 FS.

LAW:

373.413, 373.416(1), 373.429 FS

PRINT PUBLISH DATE:

5/11/2012 Vol. 38/19

COMMENTS:

From 5/11/2012 To 6/1/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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