40B-4.1140: Limiting Conditions on Permits
PURPOSE AND EFFECT: The purpose of the proposed rule is to amend a limiting condition on permits as it pertains to operation and maintenance of stormwater systems. The effect of the proposed rule amendments will be to establish a more efficient system relating to operation and maintenance inspections of stormwater systems.
SUMMARY: This proposed rule development will amend a limiting condition on permits as it pertains to operation and maintenance inspections of stormwater systems by requiring maintenance to be completed once it is discovered that such maintenance is necessary. The amended rule will also require that a maintenance report shall be filed within 15 days of completion.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.117, 373.171 FS.
LAW IMPLEMENTED: 373.084, 363.085, 373.117, 373.409, 373.413, 373.416, 373.419, 373.423, 373.426 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Welch, Administrative Assistant, Suwannee River Water Management District, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only)
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-4.1140 Limiting Conditions on Permits.
(1) through (2)(i) No change.
(j) After transfer of a permit to operation and maintenance by the permittee or his agent and upon discovery by District of maintenance required, permittee shall perform such maintenance as instructed by District within the timeframe specified in the District’s notice. Following completion of the maintenance, permittee shall file a report with the District within 15 days. This shall be retroactive for all projects permitted under Chapters 40B-4 and 40B-400, F.A.C. Except for General Permits After Notice or permits issued to a unit of government, or unless a different schedule is specified in the permit, the system shall be inspected at least once every third year after transfer of a permit to operation and maintenance by the permittee or his agent to ascertain that the system is being operated and maintained in a manner consistent with the permit. A report of inspection is to be sent to the district within 30 days of the inspection date. If required by Chapter 471, F.S., such inspection and report shall be made by an engineer.
Specific Authority 373.044, 373.113, 373.117, 373.171 FS. Law Implemented 373.084, 373.085, 373.117, 373.409, 373.413, 373.416, 373.419, 373.423, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04,_________.