4676678, 62-346.010 - Florida Administrative Rules, Law, Code, Register

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Notice: 4676678

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

Environmental Resource Permitting in Northwest Florida

Overview

RULE:

62-346.010	Policy and Purpose (Repealed)
62-346.020	General Provisions (Repealed)
62-346.030	Definitions (Repealed)
62-346.040	Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters (Repealed)
62-346.050	Permits Required (Repealed)
62-346.051	Exemptions from Permitting (Repealed)
62-346.055	No-notice General Permits.
62-346.060	Conceptual Approval Permits (Repealed)
62-346.070	Procedures to Prepare Applications and Notices for Permits, Water Quality Certification, Coastal Zone Consistency Concurrence, and to Request Verification of Qualification for an Exemption (Repealed)
62-346.071	Fees (Repealed)
62-346.080	Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices (Repealed)
62-346.085	Rules and Documents Adopted by Reference.
62-346.090	Processing of Notices and Applications (Repealed)
62-346.091	Documents Incorporated by Reference. (Repealed)
62-346.095	Operation, Maintenance, and Inspection (Repealed)
62-346.100	Modification of Permits (Repealed)
62-346.110	Duration of Permits (Repealed)
62-346.120	Permit Extensions (Repealed)
62-346.130	Transfer of Ownership (Repealed)
62-346.140	Suspension and Revocation (Repealed)
62-346.301	Conditions for Issuance of Individual (Including Conceptual Approval) and Standard Stormwater Permits (Repealed)
62-346.302	Additional Conditions for Issuance of Individual and Conceptual Approval Permits (Repealed)
62-346.381	General and Special Limiting Conditions (Repealed)
62-346.451	Emergency Authorizations and Actions (Repealed)
62-346.900	Environmental Resource Permit Forms. (Repealed)

PURPOSE:

Section 373.4145, F.S., requires the Department, in coordination with the Northwest Florida Water Management District (NWFWMD), to develop rules in a two-phase approach to implement the environmental resource permit (ERP) program under Part IV of Chapter 373, F.S., within the geographic limits of the Northwest Florida Water Management District (the “Panhandle”). In accordance with Section 373.4145(1)(a), F.S., the first phase of that rulemaking (known as the “Phase 1 rules”), which became effective on October 1, 2007, is limited to regulating the construction, operation, alteration, maintenance, abandonment, and removal of stormwater management systems within the Panhandle. The purpose of this Notice is to announce that the Department, in coordination with the NWFWMD, is now ready to initiate rule development on Phase 2 of the ERP rules in the Panhandle in accordance with Section 373.4145(1)(b), F.S.
The Phase 2 rulemaking will involve amendments to Chapter 62-346, F.A.C., to add environmental criteria to the Phase 1 rules, including regulation of dredging and filling in, on, or over connected and isolated wetlands and other surface waters. In accordance with Section 373.4145(1)(b), F.S., these rules must improve the management and storage of surface waters with minimal impact on property interests, and in consideration of the rural nature, current development trends, and abundant natural resources within the NWFWMD relative to the permitting thresholds and requirements. Such rules also:
(1) Must pursue streamlining of the federal and state wetland permitting programs pursuant to Sections 373.4143, F.S., and 373.4144, F.S.;
(2) Implement other streamlining measures to the maximum extent possible, such as electronic permitting, field permitting, and informal wetland determinations;
(3) Incorporate exemptions specified in Section 373.4145(3), F.S.; and
(4) Incorporate provisions for activities that will continue to be governed under Chapters 62-25 and 62-312, F.A.C., in accordance with Section 373.4145(6), F.S.
	This rulemaking will include amendments to Applicant’s Handbook Volumes I and II, which are incorporated by reference in Chapter 62-346, F.A.C. Applicant’s Handbook Volume I contains a discussion of the procedures and general criteria used in Chapter 62-346, F.A.C.; it will be amended to add new environmental criteria. Applicant’s Handbook Volume II addresses the design and performance standards for stormwater management systems; it is expected to be amended to address issues that are identified during implementation of the Phase 1 rules. This rulemaking also may include amendments to the “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection” and concurrent amendments to Chapter 62-341, F.A.C., to add or amend certain noticed general permits.
	In accordance with Section 373.4145(1)(b), F.S., the Phase 2 rules cannot go into effect any earlier than January 1, 2008. When the Phase 2 rules go into effect, the wetland resource permitting program under Chapter 62-312, F.A.C., that regulates dredging and filling in surface waters of the state will no longer be in effect, except for certain activities in accordance with Section 373.4145(6), F.S.

SUBJECT:

Chapter 62-346, F.A.C., is to be amended to implement Phase 2 of the ERP program within the geographic territory of the Panhandle, in accordance with Section 373.4145(1)(b), F.S. This rulemaking also may include some amendments to the Phase 1 rules adopted under Section 373.4145(1)(a), F.S.

RULEMAKING AUTHORITY:

120.54(5)(a), 373.026, 373.026(7), 373.043, 373.044, 373.046, 373.113, 373.118, 373.413, 373.414, 373.4145, 373.416, 373.418, 373.421, 373.421(2), 380.06, 380.06(9)(b), 403.0877, 403.805(1) FS.

LAW:

120.54(5)(a), 120.569(2), 120.60(2), 120.60(6), 218.075, 373.019, 373.026, 373.026(7), 373.042, 373.0421, 373.043, 373.046, 373.109, 373.117, 373.118, 373.119, 373.403, 373.406, 373.406(5), 373.409, 373.413, 373.4132, 343.414, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.4211, 373.422, 373.423, 373.426, 373.428, 373.429, 373.433, 373.436, 373.439, 380.06, 380.06(9)(b), 403.813(2), 403.805(1), 403.0877 FS.

PRINT PUBLISH DATE:

11/2/2007 Vol. 33/44

RELATED STATUTES
AND LAWS:

120.54(5)(a), 373.026, 373.026(7), 373.043, 373.044, 373.046, 373.113, 373.118, 373.413, 373.414, 373.4145, 373.416, 373.418, 373.421, 373.421(2), 380.06, 380.06(9)(b), 403.0877, 403.805(1) FS., 120.54(5)(a), 120.569(2), 120.60(2), 120.60(6), 218.075, 373.019, 373.026, 373.026(7), 373.042, 373.0421, 373.043, 373.046, 373.109, 373.117, 373.118, 373.119, 373.403, 373.406, 373.406(5), 373.409, 373.413, 373.4132, 343.414, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.4211, 373.422, 373.423, 373.426, 373.428, 373.429, 373.433, 373.436, 373.439, 380.06, 380.06(9)(b), 403.813(2), 403.805(1), 403.0877 FS.

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=62-346.010&PDate=11/2/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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