6742099, 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: 6742099

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 of this rulemaking is to incorporate by reference a revised Environmental Resource Permit Information Manual, Part B, Basis of Review (BOR). The effect of this rule is to amend Section 2.0 of the BOR to clarify that entities with the power of eminent domain can demonstrate ownership and control sufficient to undertake the permitted activities.

SUMMARY:

This rule amendment is proposed to incorporate by reference a revision to Section 2.0 of the BOR. Paragraph 40D-4.301(1)(j), F.A.C., requires that an applicant for an Environmental Resource Permit provide reasonable assurance that the permitted activities will be conducted by an entity with the financial, legal and administrative capability of ensuring that the activities will be undertaken in accordance with the terms and conditions of the permit. Section 2.0 of the BOR establishes how an applicant may demonstrate compliance with this requirement. Section 2.0 of the BOR does not currently include the power of eminent domain in the discrete list of methods of demonstrating ownership and control sufficient to undertake the permitted activities. In order to clarify this oversight, the District proposes to amend Section 2.0 of the BOR to provide that compliance with this requirement may be demonstrated by an entity with the power of eminent domain. An additional revision to Section 2.0 of the BOR is proposed by the District to require, in those instances where control is demonstrated by an entity with the power of eminent domain, a permit condition prohibiting construction until ownership or legal control is transferred to the permittee. The proposed revision to Section 2.0 of the BOR necessitates the amendment to Rule 40D-4.091, F.A.C., to incorporate by reference the revised BOR.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.171, 373.414 FS.

LAW:

373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

2/6/2009 Vol. 35/05

COMMENTS:

From 2/6/2009 To 2/27/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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