22931787, 62-331.010 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 22931787

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

State 404 Program

Overview

RULE:

62-331.010	Intent, Purpose, and Implementation
62-331.020	Regulated Activities
62-331.030	Definitions
62-331.040	Procedures for Review and Agency Action on Exemption Requests
62-331.050	Individual Permits
62-331.051	Application for an Individual Permit
62-331.052	Processing of Individual Permit Applications
62-331.053	Additional Conditions for Issuance of Individual Permits
62-331.054	General Conditions for Individual Permits
62-331.060	Public Notice
62-331.070	Water Quality and Coastal Zone Consistency Review
62-331.080	Modification, Suspension, or Revocation of Permits
62-331.090	Duration of Permits
62-331.100	Transfer of Permit Upon Change in Ownership or Control
62-331.110	Emergency Field Authorizations
62-331.120	Fees
62-331.130	Compensatory Mitigation
62-331.140	Mitigation Banks and In-Lieu Fee Programs
62-331.160	Use of Formal Determinations
62-331.200	Policy and Purpose of General Permits
62-331.201	Conditions for General Permits
62-331.210	General Permit for Maintenance or Removal
62-331.211	General Permit for Fish and Wildlife Harvesting, Enhancement, and Attraction Devices
62-331.212	General Permit for Scientific Measurement Devices
62-331.213	General Permit for Survey Activities
62-331.214	General Permit for Outfall and Intake Structures
62-331.215	General Permit for Utility Line Activities
62-331.216	General Permit for Bank Stabilization
62-331.217	General Permit for Linear Transportation Projects
62-331.218	General Permit for Return Water from Upland Contained Disposal Areas
62-331.219	General Permit for Hydropower Projects
62-331.220	General Permit for Minor Activities
62-331.221	General Permit for Response Operations for Oil or Hazardous Substances
62-331.222	General Permit for Removal of Vessels
62-331.223	General Permit for Approved Categorical Exclusions
62-331.224	General Permit for Structural Activities
62-331.225	General Permit for Aquatic Habitat Restoration, Enhancement, and Creation Activities
62-331.226	General Permit for Specific Reversion Activities
62-331.227	General Permit for Residential Developments
62-331.228	General Permit for Moist Soil Management for Wildlife
62-331.229	General Permit for Maintenance of Existing Flood Control Facilities
62-331.230	General Permit for Completed Federal Enforcement Actions
62-331.231	General Permit for Temporary Construction, Access, and Dewatering
62-331.233	General Permit for Boat Ramps
62-331.234	General Permit for Emergency Watershed Protection and Rehabilitation
62-331.235	General Permit for Cleanup of Hazardous and Toxic Waste
62-331.236	General Permit for Commercial and Institutional Developments
62-331.237	General Permit for Agricultural Activities
62-331.238	General Permit for Reshaping Existing Drainage Ditches
62-331.239	General Permit for Recreational Facilities
62-331.240	General Permit for Stormwater Management Facilities
62-331.241	General Permit for Mining Activities
62-331.242	General Permit for Repair of Uplands Damaged by Discreet Events
62-331.243	General Permit for Activities in Ditches
62-331.244	General Permit for Commercial Shellfish Aquaculture Activities
62-331.245	General Permit for Land-Based Renewable Energy Generation Facilities
62-331.246	General Permit for Water-Based Renewable Energy Generation Pilot Projects
62-331.247	General Permit for Removal of Low-Head Dams
62-331.248	General Permit for Florida Department of Transportation and Florida’s Turnpike Enterprise

PURPOSE:

Section 404 of the Clean Water Act (404) provides states the option of assuming administration of the federal dredge and fill permit program in certain waters. By obtaining 404 assumption, Florida will be able to provide a streamlined permitting procedure where an applicant will come to the state to obtain both the Environmental Resource Permitting and 404 authorizations. This will advance the objectives of the federal Clean Water Act and the environmental laws of the State of Florida, while also avoiding duplication and overlap of federal and state requirements, providing greater certainty to the regulated community and other stakeholders, conserving governmental resources, and affording the State of Florida greater stewardship responsibilities over natural resources within Florida while also complying with federal law.

SUMMARY:

Chapter 62-331, F.A.C., was created to implement the State 404 Program by including requirements of federal law that are not already addressed in existing state regulations for dredge and fill permitting. The creation of this rule includes a State 404 Program Handbook as well as new forms to be incorporated by reference. The proposed rule creation also includes definitions, procedures for review and agency action on exemption requests, processes for Individual Permits, public notice requirements, procedures regarding mitigation banking, and procedures and descriptions for General Permits created to correspond to the federal Nationwide Permits as granted by the United States Army Corps of Engineers. This rule will have a delayed effective date. The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register.

RULEMAKING AUTHORITY:

373.026, 373.043, 373.118, 373.4131, 373.4135, 373.414, 373.4145, 373.4146, 373.421, 380.23, 403.061, 403.0877, 403.805, FS

LAW:

373.026, 373.042, 373.109, 373.117, 373.118, 373.119, 373.129, 373.136, 373.409, 373.413, 373.4131, 373.4132, 373.4135, 373.4136, 373.414, 373.4141, 373.4142, 373.4144, 373.4145, 373.4146, 373.416, 373.418, 373.421, 373.422, 373.4211, 373.423, 373.426, 373.428, 373.429, 373.439, 373.441, 380.23, 403.0877, 668.003, 668.004, 668.50, 704.06, FS

PRINT PUBLISH DATE:

2/19/2020 Vol. 46/34

COMMENTS:

From 2/19/2020 To 3/11/2020 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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