8879397, 40D-4.051 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 8879397

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.051	Exemptions (Repealed)
40D-4.091	Publications, Forms and Agreements Incorporated by Reference (Transferred)
40D-4.101	Content of Application (Repealed)

PURPOSE:

The purpose of this rulemaking is to add the term, “semi-impervious” to the environmental resource permit rules and portions of the Environmental Resource Permitting Manual Part B, Basis of Review, which set forth permitting exemptions, limitations or requirements that are based upon the amount of impervious surface existing or proposed for a project. The effect will be to clarify that semi-impervious material is to be included in requirements relating to impervious material. Historically, impervious and semi-impervious materials have been treated the same in District rules. However, recent rulemaking involving adoption of a separate definition of “semi-impervious” made the continued inclusion of semi-impervious material in calculations relating to impervious material unclear.

SUMMARY:

Environmental resource permitting rules have certain exemptions, limitations or requirements that are based on the amount of impervious surface either proposed or existing for a project. Longstanding District practice has been to include semi-impervious materials with impervious materials when addressing such provisions. Recently, the District adopted a specific definition of “semi-impervious,” which made the continued inclusion of semi-impervious material in requirements for impervious material unclear in some rules. The amendments proposed in this rulemaking will eliminate any uncertainty concerning how semi-impervious material is to be addressed. Subsection 40D-4.051(3), F.A.C., which sets forth an exemption from environmental resource permitting for surface water management systems for agricultural or silvicultural activities, is amended to clarify that the area of impervious and semi-impervious surface must not equal or exceed 2 acres in order to be exempt under this provision. Subsection 40D-4.091(1), F.A.C., is amended to incorporate by reference a revised Environmental Resource Permitting Information Manual Part B, Basis of Review, various sections of which are amended to include the word “semi-impervious” in provisions relating to impervious surface materials. The definition of “impervious” is also amended to eliminate overlap with the definition of “semi-impervious.” The Joint Application for Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit, Form No. 547.27/ERP, is revised to include the term, “semi-impervious” in application information requirements relating to impervious surface material. Rule 40D-4.101, F.A.C., is amended to incorporate by reference the revised form, with an effective date of 6/2010.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.149, 373.171, 373.414 FS.

LAW:

373.0361, 373.042, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.406, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

7/16/2010 Vol. 36/28

COMMENTS:

From 7/16/2010 To 8/6/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.