12815463, 40D-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12815463

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.091

Publications, Forms and Agreements Incorporated by Reference (Transferred)

PURPOSE:

The purpose and effect of this rulemaking is to incorporate into 40D-4.091, F.A.C., a proposed Applicant’s Handbook Volume II which, together with an Applicant’s Handbook Volume I to be adopted by the Department of Environmental Protection (DEP), will provide guidance to applicants seeking environmental resource permits (ERPs) under the new statewide ERP rules required by Section 373.4131, F.S.

SUMMARY:

Section 373.4131, F.S., requires that the Department of Environmental Protection adopt statewide rules for implementation of the Environmental Resource Permit (ERP) program set forth in Part IV of Chapter 373, F.S.  The statewide ERP rules will also apply to the state’s five water management districts and any delegated entities responsible for implementing the ERP program.  As part of the statewide ERP rulemaking, and to promote greater consistency in rule implementation, the proposed statewide ERP rule under development by DEP will include adoption of an Applicant’s Handbook to provide guidance for applicants in understanding and addressing the requirements for obtaining an ERP.  The Applicant’s Handbook will be prepared in two volumes.  Volume I will be adopted by DEP for statewide use and will contain information concerning process and procedure, permit thresholds and conditions for issuance, environmental criteria, and operation and maintenance entities and requirements.  Each water management district will adopt a Volume II for use within that specific district. Volume II will contain all district-specific performance criteria and design requirements relating to water quality, water quantity and any special basin criteria or other statutory requirements applicable within that water management district.  

The District’s proposed Applicant’s Handbook Volume II, to be incorporated in 40D-4.091, F.A.C., is based upon the District’s existing ERP Information Manual Part B, Basis of Review, with minor changes.  Volume II will also be  incorporated by reference into the statewide ERP rules under development by DEP, which will become Chapter 62-330, F.A.C..  It is intended that the District’s Applicant’s Handbook Volume II will not become effective until DEP’s amendments to Chapter 62-330 to establish the statewide ERP rules take effect.  Thus, the proposed effective date of the proposed rule amendments is July 31, 2013 or the date that amendments to Chapter 62-330, F.A.C, proposed by DEP to implement the statutory mandate in section 373.4131, F.S., for statewide ERP rules, take effect, whichever is later.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.149, 373.171, 373.414, 373.4131, F.S.

LAW:

373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4131(3)(a), 373.4144, 373.416, 373.429, 373.441, F.S.

PRINT PUBLISH DATE:

3/28/2013 Vol. 39/61

COMMENTS:

From 3/28/2013 To 4/18/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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