Notice of Development of Rulemaking

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Rule No.: RULE TITLE
62-344.100: Purpose, Intent and Scope
62-344.200: Definitions
62-344.300: Procedures for Requesting Delegation
62-344.400: Content of Petition
62-344.500: Criteria for Review
62-344.600: Procedures for Identifying and Reconciling Duplicative Permitting and Incorporation of Stricter Local Standards
62-344.700: Delegation Agreements
62-344.900: Forms
PURPOSE AND EFFECT: To incorporate changes to the existing Department rule governing delegation of the Environmental Resource Permit (ERP) program under Part IV of Chapter 373, F.S., to a county, municipality, or local pollution control program (local governments). These changes are required as a result of amendments to Section 373.441, F.S., made in Chapter 2010-147, Laws of Florida, effective July 1, 2010. Specifically, these changes will reflect that the Department is the responsible agency for delegating ERP program responsibilities of the Department or a water management district, in whole or in part, to a local government. The rule will also include provisions for a local government to petition the Governor and Cabinet for review of a request for a delegation that is not approved or denied within one year of being initiated, the detail that must be contained in any denial by the Department of a local governments petition for delegation, and provisions for approval of a petition that meets the requirements of Chapter 62-344, F.A.C.
SUBJECT AREA TO BE ADDRESSED: Procedures governing delegation of the ERP program to local governments to comply with Chapter 2010-147, Laws of Florida.
SPECIFIC AUTHORITY: 373.441 FS.
LAW IMPLEMENTED: 373.441 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: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone (850)245-8486, or e-mail: Mary.VanTassel@dep.state.fl.us. Further information and updates on this proposed rule also may be obtained from the Departments website at: http://www.dep.state.fl.us/water/rules_dr.htm#erp. (OGC No. 10-2686)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.