12029278, 40E-4.010 - Florida Administrative Rules, Law, Code, Register

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Notice: 12029278

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40E-4.010	Review of Environmental Resource Permit Applications
40E-4.011	Policy and Purpose (Repealed)
40E-4.021	Definitions (Repealed)
40E-4.041	Permits Required (Repealed)
40E-4.0415	Permit Thresholds (Repealed)
40E-4.042	Formal Determination of Wetlands and Other Surface Waters (Repealed)
40E-4.051	Exemptions From Permitting (Repealed)
40E-4.0515	Exemptions From Specified Review Criteria (Repealed)
40E-4.054	Modification of Exempt Projects (Repealed)
40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference
40E-4.101	Content of Permit Applications (Repealed)
40E-4.201	Forms and Instructions (Repealed)
40E-4.205	Permit Application Processing Fees (Repealed)
40E-4.301	Conditions for Issuance of Permits (Repealed)
40E-4.302	Additional Conditions for Issuance of Permits (Repealed)
40E-4.303	Environmental Resource Permit Authorization (Repealed)
40E-4.305	Conceptual Approvals (Repealed)
40E-4.321	Duration of Permits (Repealed)
40E-4.331	Modification of Permits (Repealed)
40E-4.341	District Revocation or Modification of Permits (Repealed)
40E-4.351	Transfer of Permits (Repealed)
40E-4.361	Conversion from Construction Phase to Operation Phase (Repealed)
40E-4.381	General Conditions (Repealed)
40E-4.451	Emergency Authorization (Repealed)

PURPOSE:

The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012.  This statute requires the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental permitting (ERP) rules.  These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective, and streamlined approach in the state’s ERP program.  To implement Section 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C.  Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions. Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; and formal determinations of the landward extent of wetlands and other surface waters. As part of its rulemaking, DEP also intends to incorporate by reference documents to be known as an Applicant’s Handbook. Two volumes of the Applicant’s Handbook will apply in each WMD: (1) one volume that will include general and environmental procedures, and forms that will apply statewide; and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD. DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in SFWMD’s Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, and will necessitate amendments to SFWMD Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, F.A.C., and its existing Basis of Review. Therefore, the purpose of this rule development is to revise or repeal SFWMD’s rules consistent with DEP’s adoption of statewide ERP rules in Chapter 62-330, F.A.C.

SUBJECT:

Among other things, this rule development will cover the revision of SFWMD rules by rule amendment, development or repeal as needed to accomplish the establishment of statewide ERP rules on the following subjects: (1) permitting thresholds, (2) permit exemptions, (3) types of permits, (4) permit duration (5) permit modifications and transfers, (6) reporting forms and operational requirements, (7) application submittal and review procedures, (8) conditions for issuance, (9) formal determinations of the landward extent of wetlands and other surface waters, (10) general permit conditions, (11) fee categories, and (12) other rules for which conforming amendments may be needed along with any rule changes to be consistent with Chapter 62-330, F.A.C., and the requirements of Section 373.4131, F.S.

RULEMAKING AUTHORITY:

120.54(5), 120.60, 373.016, 373.044, 373.103(8), 373.109, 373.113, 373.171, 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.441, 373.421, 380.06(9), 668.003, 668.004, 668.50, 704.06, F.S.

LAW:

120.54(5), 120.60, 373.016 373.019, 373.042, 373.086(1), 373.103, 373.117, 373.118(1), 373.229, 373.403 - 443, 380.069, 380.23, 403.031, 403.813(1), 403.813(2), 668.003, 668.004, 668.50, 695.26, 704.06, F.S.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

RELATED STATUTES
AND LAWS:

120.54(5), 120.60, 373.016, 373.044, 373.103(8), 373.109, 373.113, 373.171, 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.441, 373.421, 380.06(9), 668.003, 668.004, 668.50, 704.06, F.S., 120.54(5), 120.60, 373.016 373.019, 373.042, 373.086(1), 373.103, 373.117, 373.118(1), 373.229, 373.403 - 443, 380.069, 380.23, 403.031, 403.813(1), 403.813(2), 668.003, 668.004, 668.50, 695.26, 704.06, 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=40E-4.010&PDate=9/28/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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