15166743, 40D-1.002 - Florida Administrative Rules, Law, Code, Register

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Notice: 15166743

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.002	Delegation of Authority
40D-1.1021	Emergency Authorizations for Activities Regulated Under Part IV of Chapter 373, F.S. (Repealed)
40D-1.602	Permits Required
40D-1.603	Permit Application Procedures
40D-1.6051	Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications
40D-1.6105	Limiting Conditions
40D-1.659	Forms and Instructions

PURPOSE:

The purpose and effect of these amendments to the District’s procedural rules is to make clear that environmental resource permits (ERPs) and other authorizations issued pursuant to the Statewide Environmental Resource Permit Rules, Chapter 62-330, F.A.C., are processed in accordance with those rules, and that the various provisions of Chapter 40D-1, F.A.C., that address ERPs and related authorizations are applicable only to permits and authorizations issued prior to October 1, 2013, or grandfathered projects.

SUMMARY:

The Statewide Environmental Resource Permitting (SWERP) rules required pursuant to Section 373.4131, F.S., have been adopted by the Department of Environmental Protection (DEP) and are implemented by DEP and the state’s five water management districts. These rules are set forth in Chapter 62-330, F.A.C., and the related Environmental Resource Permit (ERP) Applicant’s Handbook Volumes I and II. The SWERP rules contain specific provisions for the processing of permit applications, requests for determination of qualification for exemption, notices of intent to use a general permit and other related authorizations and regulatory determinations.  District Rule Chapter 40D-1, F.A.C., contains the District’s procedural rules which include procedures for accepting and reviewing all permit applications, notices and exemption requests and other authorizations and for issuing permits, authorizations and agency determinations concerning all regulatory programs administered by the District.  Certain provisions of Chapter 40D-1, F.A.C., relating to ERP actions are now superseded by the administrative and processing provisions set forth in the SWERP rules, except for grandfathered permits and projects as defined in Section 373.4131(4), F.S. Amendments are proposed to make clear that the District’s ERP processing provisions set forth in Chapter 40D-1, F.A.C., are reserved for grandfathered ERPs and projects, and do not apply to permit applications and other regulatory authorizations and determinations administered pursuant to the SWERP rules.  Some additional correcting amendments are also being proposed at this time.  
Specifically, Rule 40D-1.002(1), F.A.C., is amended to clarify that delegation to District staff to act on applications to use state-owned lands is applicable to SWERP and grandfathered ERPs. Rule 40D-1.1021, F.A.C., is entirely superseded by the SWERP rules and is repealed. Rule 40D-1.602(3), F.A.C., is amended to state that a permit issued under Chapter 62-330, F.A.C., or if grandfathered activity, then under 40D-4 or 40D-40, F.A.C., is required prior to undertaking activities regulated under Part IV of Chapter 373, F.S.  Rule 40D-1.603, F.A.C., is amended to state that authorizations issued pursuant to Chapter 62-330, F.A.C., will be processed under those rules and to eliminate eminent domain noticing, which is not done by any other water management district. Corrections to the format specified for notices of District receipt of applications are also made.  Rule 40D-1.6051, F.A.C., is amended to clarify that the timeframes for processing applications set forth in the rule do not apply to SWERP applications and notices. Rules 40D-1.6105 and 1.659, F.A.C., are amended to specify that District ERP-related forms are only for use with grandfathered projects.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.219, 373.309, 373.337, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.418, FS.

LAW:

120.54(5), 120.60, 120.60(4), 253.002, 373.079(4)(a), 373.083, 373.084, 373.085, 373.103, 373.106, 373.116, 373.118, 373.119, 373.149, 373.171, 373.175, 373.206, 373.207, 373.209, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.2295, 373.239, 373.246, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.416, 373.418, 373.419, 373.421, 373.426, 373.427, 373.705, 373.707, 668.50, FS.

PRINT PUBLISH DATE:

10/13/2014 Vol. 40/199

COMMENTS:

From 10/13/2014 To 11/3/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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