12795675, 40B-400.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 12795675

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40B-400.021	Definitions (Repealed)
40B-400.046	Formal Determinations (Repealed)
40B-400.051	Exemptions (Repealed)
40B-400.091	Publications and Agreements Incorporated by Reference
40B-400.101	Content and Processing of the Application, Amended 12-3-98 (Repealed)
40B-400.103	Conditions for Issuance of Permits (Repealed)
40B-400.104	Additional Conditions for Issuance of Permits (Repealed)
40B-400.115	Limiting Conditions (Repealed)
40B-400.201	Policy and Purpose (Repealed)
40B-400.211	Processing Procedures for Noticed General Permits (Repealed)
40B-400.215	General Conditions for All Noticed General Permits (Repealed)
40B-400.417	General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks (Repealed)
40B-400.427	General Permit for Certain Piers and Associated Structures (Repealed)
40B-400.431	General Permit for Installation of Riprap (Repealed)
40B-400.437	General Permit for the Installation of Fences (Repealed)
40B-400.439	General Permit for the Construction or Maintenance of Culverted Driveways, Road Crossings and Bridges of Artificial Waterways (Repealed)
40B-400.443	General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation (Repealed)
40B-400.447	General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements (Repealed)
40B-400.453	General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline (Repealed)
40B-400.455	General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters (Repealed)
40B-400.457	General Permit for Subaqueous Utility Crossing of Artificial Waterways (Repealed)
40B-400.463	General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
40B-400.467	General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
40B-400.475	General Permit for Minor Activities (Repealed)
40B-400.483	General Permit to the Department to Conduct Minor Activities (Repealed)
40B-400.485	General Permit to the Department for Environmental Restoration or Enhancement (Repealed)
40B-400.487	General Permit to the Department to Change Operating Schedules for Department Water Control Structures (Repealed)
40B-400.495	General Permit to U.S. Forest Service for Minor Works within National Forests (Repealed)
40B-400.500	General Permit After Notice for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems (Repealed)

PURPOSE:

The purpose and effect of this rulemaking is to amend rules of the Suwannee River Water Management District (District) consistent with section 373.4131, F.S., which requires the Florida Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permit (ERP) rules.  These rules are to rely primarily upon existing rules of DEP and the 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, F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C.  DEP also intends to incorporate by reference documents that will be known as an Applicant’s Handbook (AH).  Two volumes of the AH will apply in each WMD: (1) one volume that will include general and environmental criteria and procedures and forms, which volume will apply statewide (AH Volume I); 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, F.A.C., will necessitate changes to the District’s Chapter 40B-400, F.A.C.

SUMMARY:

This proposed rule will repeal and remove all sections of this rule except 40B-400.091, F.A.C.  This section will be changed to link this rule to 62-330, F.A.C., incorporate the Applicant Handbook Volume II and other important items needed to implement the ERP program.  40B-400.021 which listed definitions, 40B-400.046 which listed instructions for formal determinations, 40B-400.051 which listed exemptions, 40B-400.101 which listed the content of appolications, 40B-400.103 which listed conditions of issuance, 40B-400.104 which listed additional conditions of issuance, 40B-400.115 which listed limiting conditions, 40B-400.201 which listed the policy and purpose, 40B-400.211 which listed the procedures for noticed generals, 40B-400.215 which listed general conditions for noticed generals, 40B-400.417 which was a general permit for boat ramp and accessory docks, 40B-400.427 which was a general permit for certain piers and associated structures, 40B-400.431 which was a general permit for riprap, 40B-400.437 which was a general permit for fences, 40B-400.439 which was a general permit for culverted driveways, road crossings and bridges of artificial waterways, 40B-400.443 which was a general permit for the Florida Department of Transportation, Counties and Municipalities to conduct Minor Bridge Alteration, Replacement, Maintenance and Operation, 40B-400.447, which was for the Florida Department of Transportation, Counties and Municipalities to conduct Minor Activities Within Existing Rights-of-Way or Easements, 40B-400.453 which was for the Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline, 40B-400.455 which was for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters, 40B-400.457 whichwas for Subaqueous Utility Crossing of Artificial Waterways, 40B-400.463 which was for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies, 40B-400.467 which was for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies, 40B-400.475 which was for Minor Activities, 40B-400.483 which was for the Department to Conduct Minor Activities, 40B-400.485, which was for the Department for Environmental Restoration or Enhancement, 40B-400.487 which was for the Department to Change Operating Schedules for Department Water Control Structures, 40B-400.495 which was for the U.S. Forest Service to conduct Minor Works within National Forests, 40B-400.500 which was for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems, will all be repealed.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.113, F.S.

LAW:

120.54(5), 120.60, 369.316, 369.318, 373.016(2), 373.085, 373.106, 373.109, 373.118, 373.119, 373.171, 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.418, 373.426, 373.439, 403.812, 403.813 FS.

PRINT PUBLISH DATE:

3/22/2013 Vol. 39/57

COMMENTS:

From 3/22/2013 To 4/12/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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