5158089, 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: 5158089

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Modification of Permits (Repealed)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 require use of a new Environmental Resource Permit (ERP) Modification Short Form application form instead of a letter when permittees apply for certain minor modifications of ERPs, and to allow applications to extend the duration of an ERP to be made using this new form. Rule amendments also eliminate the requirement to determine that completed construction complies with a currently valid permit when a permittee applies to extend the duration of a permit. Amendments also replace the term “renewal” with the term “extension.” The effect of these amendments will be to standardize the process for seeking minor modifications of ERPs.

SUMMARY:

The District allows certain minor modifications of Environmental Resource Permits (ERPs) to be made without completing a full ERP application form and without payment of an application fee. Rule 40D-4.331, F.A.C., is amended to require use of a new Modification Short Form instead of a letter to request these minor modifications, to allow applications to extend the duration of an ERP to be made using the Modification Short Form, and to clarify that permits may be extended in duration, as opposed to being “renewed.” Applications to extend the duration of an ERP will be granted if the construction proposed to take place during the extended permit duration will comply with the District’s rules in effect at the time the application is filed.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.149, 373.171 FS.

LAW:

373.413, 373.416(1), 373.429, 373.805 FS.

PRINT PUBLISH DATE:

1/25/2008 Vol. 34/04

COMMENTS:

From 1/25/2008 To 2/15/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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