40D-4.041: Permits Required
40D-4.091: Publications and Agreements Incorporated by Reference
PURPOSE AND EFFECT: The purpose of this rulemaking is to delegate to District staff authorization to undertake agency action on certain applications for Individual Environmental Resource Permits. Related amendments are also proposed to Chapter 40D-1, F.A.C., concerning permitting processes, Chapter 40D-2, F.A.C., concerning the permitting process for Individual Water Use Permits and Chapter 40D-40, F.A.C., concerning incidental site activities permits applied for in conjunction with Individual Environmental Resource Permits. The effect of this rulemaking will be to enable designated staff to take agency action to approve certain Individual Environmental Resource Permits unless the applicant, District Executive Director or a Governing Board member requests that the permit application be referred to the Governing Board for agency action. Amendments also incorporate a revised Environmental Resource Permit Information Manual Part B, Basis of Review which is being updated to reflect the changes proposed in this rulemaking.
SUMMARY: As part of the District’s ongoing efforts to improve permitting processes for applicants, amendments are being proposed to delegate to staff authority to take agency action on certain Individual Environmental Resource Permits (ERPs). Rule 40D-4.021, F.A.C., is amended to indicate that the definition of an Individual or a General ERP does not depend upon whether it is issued by staff or the Governing Board. Rule 40D-4.041, F.A.C., is amended to specify that Individual ERPs may be issued by the Governing Board or staff. Governing Board approval would be required if the project area is greater than 500 acres, construction or alteration activities will occur in more than one acre of wetlands or other surface waters, or more than 9 new boat slips are proposed.
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, 373.046, 373.113, 373.118, 373.149, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.426, 373.427, 373.429, 373.441 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: Martha A. Moore, Senior Attorney, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, ext. 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) through (8) No change.
(9) “General Permit” means a General Environmental Resource Permit, as described in Chapters 40D-4 and 40D-40, F.A.C
., that may be issued by District staff.
(10) “Individual Permit” means an Individual Environmental Resource Permit, as described in Chapter 40D-4, F.A.C
., issued by the District Governing Board.
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, 9-29-08,________.
40D-4.041 Permits Required.
(1) No change.
(2) The District issues the following types of Environmental Resource Permits:
(a) General permits for construction, alteration, operation, removal or abandonment of surface water management systems for projects which have, either singularly or cumulatively, minimal environmental impact.
1. General permits are issued pursuant to Chapter 40D-40, F.A.C.
2. Noticed general permits are issued pursuant to Chapter 40D-400, F.A.C.
(b) Individual permits for construction, alteration, operation, removal or abandonment of surface water management systems for projects not meeting the criteria to qualify for a general permit under Chapter 40D-40 or 40D-400, F.A.C., and for mitigation banks. Individual permits are issued by the Governing Board or designated District staff. Individual permits must receive approval of the Governing Board if any of the following applies:
1. The project area is greater than 500 acres;
2. Construction or alteration of a system, including dredging or filling will occur in, on or over a total of more than one acre of wetlands and other surface waters, not including ditches that were originally constructed in uplands or any wholly owned, isolated wetland or other surface water less than one-half acre in size and for which mitigation is not required; or
3. The system includes more than nine proposed boat slips.
(c) through (d) No change.
(3) 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, 9-10-08, 9-29-08,_________.
40D-4.091 Publications and Agreements Incorporated by Reference.
The following documents are hereby incorporated into this chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District, __________
June 22, 2008. This document is available from the District upon request.
(2) through (5) No change.
Specific Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-23-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08,________.
CHAPTER ONE – INTRODUCTION
1.2 Application Review Process – The District issues three types of environmental resource permits as authorized by Part IV, Chapter 373, Florida Statutes: individual including conceptual, general and noticed general permits. Noticed general permits and general permits are issued by staff.
, while Governing Board action is required for I individual permits are issued by staff or the Governing Board, as provided in paragraph 40D-4.041(2)(b), F.A.C.