10583784, 62-113.100 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 10583784

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

DELEGATIONS

Overview

RULE:

62-113.100

Purpose

PURPOSE:

The proposed amendment to Chapter 62-113, F.A.C., will provide for a partial delegation of the Environmental Resource Permit (ERP) program under Part IV of Chapter 373, F.S., from the Department of Environmental Protection (DEP) to the Environmental Protection Commission of Hillsborough County (EPCHC). This delegation is in accordance with Section 373.441, F.S., and Chapter 62-344, F.A.C. Under the delegation, EPCHC will be responsible for permitting, compliance, and enforcement of ERP applications and activities (including issuance and denial of permits) for such things as construction, alteration, operation, and removal of docks, seawalls, and individual, single-family residences in wetlands and other surface waters within Hillsborough County. This will streamline review and agency action for those activities by allowing EPCHC to combine action on the delegated ERP with local permits required by the EPCHC and the Tampa Port Authority. For the delegated activities, EPCHC proposes to charge an application fee that will be the same or less than the separate application fees that otherwise would have been charged by DEP and EPCHC. In addition, EPCHC will be considered to be a “DEP duly authorized designee” who would be able to administer a U.S. Army Corps of Engineers (USACE) State Programmatic General permit for the activities under this delegation, if authorized to do so by the USACE, therefore further streamlining federal, state, and local regulatory and proprietary reviews. This delegation will not affect ERP responsibilities of the Southwest Florida Water Management District within Hillsborough County pursuant to the Operating Agreement between DEP and SWFWMD, July 1, 2007.

SUMMARY:

The amendment to Chapter 62-113, F.A.C., will incorporate by reference a Delegation Agreement between DEP and EPCHC regarding permitting, compliance, and enforcement of activities regulated under Part IV of Chapter 373, F.S. As required by Section 373.441, F.S., and Chapter 62-344, F.A.C., this delegation will provide for an efficient, effective, and streamlined ERP program, while maintaining protection of environmental resources. The Department has determined that EPCHC has the financial, technical, and administrative capabilities and desire to effectively and efficiently implement and enforce the program, as required by Rule 62-344.500, F.A.C.
OTHER RULES INCORPORATING THIS RULE: The chapter is referenced in subsection 62-330.100(1), F.A.C., Rules 62-344.100, 62-344.300, 62-346.020 and 62-346.080, F.A.C.
EFFECT ON THOSE OTHER RULES: There will be no effect on those rules or subsections.

RULEMAKING AUTHORITY:

373.043, 373.046, 373.418, 373.441, 403.061 FS.

LAW:

373.026, 373.046, 373.441, 403.061, 403.182 FS.

PRINT PUBLISH DATE:

11/4/2011 Vol. 37/44

COMMENTS:

From 11/4/2011 To 11/25/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.