40D-4.041: Permits Required
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments is to clarify when an Environmental Resource Permit is required by removing the distinction between a “surface water management system” and a “new surface water management system”. The rulemaking will further clarify when an Environmental Resource Permit is required by simplifying the definition of “alteration” and by creating exemptions for the operation of systems constructed under an earlier exemption.
SUMMARY: The District’s current ERP rules require an ERP to construct or operate a new surface water management system except when a project meets a specific rule or statutory exemption. The proposed rule amendments will clarify when an ERP is required by removing the distinction between a “surface water management system” and a “new surface water management system.” The proposed revision deletes the term “new surface water management system” from Rules 40D-4.021 and 40D-4.041, F.A.C., and creates new exemptions under Rule 40D-4.051, F.A.C., for the operation of systems constructed prior to October 1, 1984 or systems constructed under a previous exemption. The changes are consistent with the District's long-term interpretation and application of the terms. The proposed rule amendments also remove the word “design” from the definition of Alteration in Rule 40D-4.021, F.A.C., to clarify that an ERP is required for activities that result in an increase or decrease in the discharge of the system as constructed.
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, 373.118, 373.149, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.403, 373.406, 373.413, 373,414(9), 373.416, 373.426, 373.427 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: Carrie N. Felice, Staff Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE FULL TEXT OF THE PROPOSED RULE IS:
When used in this chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) “Alteration” means any activity resulting in substantial expansion or change of a surface water management system that will increase or decrease the
design discharge of the system, increase pollutant loading, change the point or points of discharge, or intrude into or otherwise adversely impact wetlands by rim ditching, draining, filling or excavation. Routine custodial maintenance and repairs shall not constitute alterations.
(2) through (3) No change.
(4) “Construction” means any on-site activity which will result in the creation of a
new surface water management system, or the abandonment or alteration of an existing surface water management system, including the building, assembling, expansion or recontouring of the property; the erection of buildings or other structures, or any part thereof; or land clearing.
(5) through (10) No change.
(11) “New surface water management system” means any surface water management system which is not in existence on October 1, 1984, or not authorized to be constructed on October 1, 1984.
(12) through (22) renumbered (11) through (21) No change.
Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.403, 373.413 FS. History–Readopted 10-5-74, Formerly 16J-4.02, Amended 10-1-84, 3-1-88, 9-11-88, 10-3-95, 7-23-96, 2-27-02, 9-26-02, 2-19-04, 2-6-07, 1-8-08,_________.
40D-4.041 Permits Required.
(1) Unless expressly exempt by law or District rule an Environmental Resource Permit shall be obtained from the District prior to:
(a) The construction and operation of any new surface water management system, or
(b) The construction, operation, alteration, abandonment, or removal of any surface water management system.
(c) The establishment of a mitigation bank.
(2) through (6) No change.
Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.413, 373.416, 373.426, 373.427 FS. History– Readopted 10-5-74, Amended 12-31-74, 9-4-77, 6-7-78, Formerly 16J-4.04, 16J-4.10(1), (2), (4), Amended 10-1-84, 3-1-88, 10-3-95, 7-23-96, 10-16-96, 4-17-97, 10-11-01, 7-16-02, 9-26-02, 3-26-03, 1-8-08,__________.
The following activities are exempt from permitting under this chapter:
(1) The activities specified in Section 373.406, F.S.
(2) The operation and maintenance of a surface water management system which:
(a) Was constructed before October 1, 1984; or
(b) Was constructed or was being constructed on or before December 9, 1999 and was not required to obtain a District permit under exemptions existing at that time.
(2) through (14) renumbered (3) through (15) No change.
Specific Authority 373.044, 373.113, 373.149, 373.171, 373.414(9) FS. Law Implemented 373.406, 373.413, 373.414(9) FS. History– Readopted 10-5-74, Formerly 16J-4.05, Amended 10-1-84, 10-1-86, 3-1-88, 1-24-90, 10-3-95, 4-18-01, 5-17-01, 4-9-02, 2-19-04, 6-30-05., 11-26-07,________.