7120302, 40D-4.042 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7120302

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.042	Formal Determination of Wetlands and Other Surface Waters (Repealed)
40D-4.091	Publications, Forms and Agreements Incorporated by Reference (Transferred)
40D-4.101	Content of Application (Repealed)
40D-4.331	Modification of Permits (Repealed)
40D-4.351	Transfer of Permits (Repealed)
40D-4.381	General Conditions (Repealed)

PURPOSE:

The District proposes amendments to incorporate by reference the forms relating to Environmental Resource Permits (ERPs) into the ERP rules instead of into Rule 40D-1.659, F.A.C. The amendments are part of an overall rulemaking effort to incorporate District forms into the particular rule applicable to each individual form. The effect is to make District rules identifying forms available for public use consistent with requirements for incorporating materials by reference. Forms will also be renumbered and revised to contain the specific citation to the rule in which the form will now be incorporated.

SUMMARY:

Currently, all District forms are incorporated by reference into Rule 40D-1.659, F.A.C. In response to comments from the Joint Administrative Procedures Committee, amendments are proposed to incorporate District forms and other materials into the specific rule which addresses the particular form or material. Forms are renumbered and revised to contain the specific rule citation in which each form is now incorporated. Rule 40D-1.101, F.A.C., is amended to incorporate by reference a renumbered joint application for environmental resource permit/authorization to use state owned submerged lands/federal dredge and fill permit form. Rule 40D-4.331, F.A.C., is amended to identify and incorporate by reference the applicable forms to be used for modifying an environmental resource permit. Rule 40D-4.351, F.A.C., is amended to incorporate by reference forms used for transferring an environmental resource permit and for submitting a statement of inspection for proper operation and maintenance of permitted projects. Rule 40D-4.381, F.A.C., is amended to reference the statement of completion form now adopted in Rules 40D-4.351 and 40D-4.042, F.A.C., is amended to incorporate by reference the form petition for a formal determination of the landward extent of wetlands and surface waters. Rule 40D-4.091, F.A.C., is amended to incorporate by reference the mitigation bank forms adopted by the District and to identify where other agency materials incorporated by reference may be obtained.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.149, 373.171, 373.414, 373.421(2) FS.

LAW:

373.0361, 373.042, 373.114, 373.171, 373.403, 373.409, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.416(1), 373.416(2), 373.421(2), 373.426, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

5/15/2009 Vol. 35/19

COMMENTS:

From 5/15/2009 To 6/5/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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