40C-40.011: Policy and Purpose
40C-40.112: Standard Permit Application
40C-40.900: Forms and Instructions
PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) conform Chapter 40C-40, F.A.C., to a proposed amendment in Chapter 40C-4, F.A.C., that requires ERP applicants under Chapter 40C-4 or 40C-40, F.A.C., to concurrently submit CUP applications where their proposed projects will contain irrigated landscape, golf course, or recreation areas that require a CUP; (2) clarify the circumstances when Chapter 40C-40, F.A.C., standard ERPs are available; (3) update the nomenclature in Chapter 40C-40 that Chapter 40C-40, F.A.C., permits are called “standard” ERPs; (4) revise the ERP application form to update the contents and include the concurrent application requirements; and (5) update statutory authority.
SUBJECT AREA TO BE ADDRESSED: The proposed rule amendments would conform Chapter 40C-40, F.A.C., to amendments in Chapter 40C-4, F.A.C., that would: (1) require, for a system that will contain irrigated landscape, golf course, or recreational areas that will require a CUP, that the applicant concurrently apply for and obtain a CUP; and (2) update statutory authority.
SPECIFIC AUTHORITY: 369.318, 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 369.318, 373.1131, 373.413, 373.416 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 21, 2010, 10:00 a.m. – 12:00 Noon
PLACE: Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Wendy Gaylord, Rules Coordinator, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, (386)326-3026, or wgaylord@sjrwmd.com
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40C-40.011 Policy and Purpose.
(1) This chapter grants standard environmental resource permits for certain specified surface water management systems which have been determined to be not harmful to the water resources of the District and to be not inconsistent with the objectives of the District. This chapter sets forth the requirements for qualifying for a standard permit and the conditions under which it may be exercised. Surface water management systems which are non-exempt, which do not qualify for a noticed general environmental resource permit pursuant to Chapter 40C-400, F.A.C., and which do not qualify for a standard permit under this chapter, are required to obtain individual permits under the provisions of Chapter 40C-4, F.A.C. The District may require an individual permit application for any surface water management system for which an application has been filed under this chapter which may not conform to the provisions of this chapter, or Chapter 373, F.S., or for which a substantial objection has been received.
(2) through (3) No change.
Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.083, 373.413, 373.416, 373.426 FS. History–New 12-7-83, Amended 2-27-94, 10-3-95, 1-4-96, 10-11-01,________.
40C-40.112 Standard Permit Application.
(1) To apply for a standard permit, the applicant must submit form 40C-4.900(1) to the District. The applicant shall submit five copies of the application package (which package includes the signed application form, construction plans, and any supporting documents describing the proposed system). The requirement to submit five copies shall not apply when the application package is received electronically via the District’s E-Permitting website at www.sjrwmd.com. For any application to construct a surface water management system under Chapter 40C-40, F.A.C., that will contain irrigated landscape, golf course, or recreational areas, and the irrigation will require a consumptive use permit under subsection 40C-2.041(1), F.A.C., the applicant must also concurrently submit an application for a consumptive use permit.
(2) through (6) No change.
Rulemaking Specific Authority 369.318, 373.044, 373.113, 373.171, 373.406, 373.414, 373.418 FS. Law Implemented 369.318, 373.083, 403.0877, 373.1131, 373.117, 373.406, 373.413, 373.414, 373.415, 373.416, 373.418, 373.426 FS. History–New 12-7-83, Amended 2-27-94, 10-3-95, 1-4-96, 10-11-01, 2-1-05,________.
40C-40.900 Forms and Instructions.
The following form and instructions incorporated by reference have been approved by the Governing Board and are available upon request from the following District offices:
St. Johns River Water Management District
Division of Permit Data Services
4049 Reid Street
Palatka, Florida 32177-2529
St. Johns River Water Management District
7775 Baymeadows Way, Suite 102
Jacksonville, Florida 32256
St. Johns River Water Management District
975 Keller Road
Altamonte Springs, Florida 32714-1618
St. Johns River Water Management District
525 Community College Pkwy., S.E.
Palm Bay, Florida 32909
Joint Application for Environmental Resource Permit/Authorization to Use State Lands/Federal Dredge and Fill Permit, form number 40C-4.900(1), adopted (effective date) 12-3-06.
Rulemaking Specific Authority 369.318, 373.044, 373.113, 373.118, 373.406, 373.4136, 373.414, 373.418 FS. Law Implemented 369.318, 373.085, 373.1131, 373.116, 373.117, 373.118, 373.185, 373.406, 373.413, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.421, 373.426, 373.461, 403.0877 FS. History–New 5-30-90, Amended 2-27-94, 10-3-95, 2-1-05, 12-3-06,________.