3538480, 62-113.100 - Florida Administrative Rules, Law, Code, Register

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Notice: 3538480

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

DELEGATIONS

Overview

RULE:

62-113.100

Purpose

PURPOSE:

The Department of Environmental Protection proposes to amend the existing Operating Agreements between the Department and the Suwannee River Water Management District (SRWMD), St. Johns River Water Management District (SJRWMD), Southwest Florida Water Management District (SWFWMD), and South Florida Water Management District (SFWMD) regarding environmental resource permit program activities regulated under Part IV of Chapter 373, F.S.  These Agreements are listed and incorporated by rule in subsection 62-113.100(2), F.A.C.  Specifically, these Operating Agreements provide a division of responsibility between the Department and each water management district (District) regarding permitting, compliance, and enforcement under Part IV of Chapter 373, F.S., mitigation banking under sections 373.4135 and 373.4136, F.S., and wetland determinations under subsections 373.421(2) through (5), F.S.
The Agreements must be executed by both the Department and the Districts, and will require concurrent rulemaking by each District to incorporate each District’s Agreement with the Department into the rules of the respective District.
OGC No.: 07-0080

SUBJECT:

Amendments to the Agreements are proposed to revise the division of responsibilities between the Department and the water management district for activities under Part IV of Chapter 373, F.S., such as: domestic or industrial wastewater treatment activities; potable water facilities; mining activities; communication cables and natural gas distribution lines; larger plans of development associated with docking facilities; residential dwelling units; boat ramps, ski jumps, and other “in water” activities; docking facilities and seawalls within the Mosquito Lagoon, Banana River, and Indian River (within the SJRWMD);docking facilities associated with no-notice general permits within the SFWMD; activities on lands leased by the Division of Recreation and Parks; mitigation banks and Regional Offsite Mitigation Areas; modifications of permits, including those associated with modifications to stormwater systems previously authorized under Chapters 17-25 or 62-25, F.A.C.; activities subject to Special Case Agreements; and compliance and enforcement of violations of activities on sovereignty submerged lands.
When it becomes effective, this agreement will supersede and replace the October 27, 1998, Operating Agreements Concerning Regulation Under Part IV, Chapter 373, F.S., between the Department and the SFWMD (#98-2, as adopted by reference in rule 62-113.100(3)(e), F.A.C.), SRWMD (#98-3, as adopted by reference in rule 62-113.100(3)(k), F.A.C.), SWFWMD (#98-4, as adopted by reference in rule 62-113.100(3)(p), F.A.C.), and SJRWMD (#98-5, as adopted by reference in rule 62-113.100(3), F.A.C.).

RULEMAKING AUTHORITY:

373.026, 373.043, 373.046, 373.418, 373.441, 403.061 F.S.

LAW:

373.026, 373.046, 373.441, 403.061, 403.182 F.S.

PRINT PUBLISH DATE:

2/9/2007 Vol. 33/06

RELATED STATUTES
AND LAWS:

373.026, 373.043, 373.046, 373.418, 373.441, 403.061 F.S., 373.026, 373.046, 373.441, 403.061, 403.182 F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=62-113.100&PDate=2/9/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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