10512004, 40D-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10512004

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.091	Publications, Forms and Agreements Incorporated by Reference (Transferred)
40D-4.351	Transfer of Permits (Repealed)

PURPOSE:

The purpose of this rulemaking is to adopt a revised Notification and Request for Transfer of Environmental Resource Permit form, which is amended to eliminate reference to any fee, and to allow transfer of the permit to a new owner upon notification from either the permittee or new property owner. The effect will be to reduce costs and eliminate unnecessary regulatory burdens related to the transfer of Environmental Resource Permits when there is a change in property ownership on which the permitted system is located. This rulemaking is one of the initiatives identified by the District as part of its rule review in response to Executive Order No. 11-72, to identify rules for amendment or repeal that are unnecessarily burdensome, no longer necessary or duplicative of statutory language.

SUMMARY:

Rule 40D-4.351, F.A.C., is amended to incorporate by reference a revised Notification and Request for Transfer of Environmental Resource Permit form, which is amended to eliminate any reference to a fee. Companion rulemaking for Chapter 40D-1, F.A.C., will eliminate the fee for permit transfers. Additional amendments to Rule 40D-4.351, F.A.C., clarify that the form may be submitted by either the permittee or the new property owner, and the requirement that the land use remain the same in order to transfer the permit is deleted as unnecessarily burdensome. Amendments to Rule 40D-4.091, F.A.C., will incorporate by reference an updated Environmental Resource Permitting Information Manual Part B, Basis of Review, which is amended to cite the updated version of the Notification and Request To Transfer Environmental Resource Permit form.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.171, 373.414 FS.

LAW:

373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.416(2), 373.429, 373.441, 403.805 FS.

PRINT PUBLISH DATE:

10/14/2011 Vol. 37/41

COMMENTS:

From 10/14/2011 To 11/4/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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