Notice of Development of Rulemaking

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-1.600: Permit Applications - General and Noticed General Permits
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise Rule 40D-1.600, F.A.C., to state that a General Environmental Resource Permit with an associated proprietary authorization that is of heightened public concern must be approved by the Governing Board. The effect of this revision will allow the Governing Board an opportunity to gain an awareness of these projects and to provide staff with comment and direction prior to appearing before the Board of Trustees.
SUBJECT AREA TO BE ADDRESSED: Approval of General Environmental Resource Permits with associated proprietary authorizations.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.118 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40D-1.600 Permit Applications – General and Noticed General Permits.

(1) General Permits issued pursuant to Sections 373.118 and 373.414, F.S., under Chapters 40D-2, 40D-4, and 40D-40, F.A.C., are issued by staff except when the application is concurrently reviewed with an application for a proprietary authorization that is deemed to be of heightened public concern pursuant to subsection 18-21.0051(4), F.A.C., or denied in which case final action is taken by the Governing Board.

(2) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.118 FS. History–New 10-1-84, Amended 12-22-94, 7-2-98, 9-26-02,________.