Published on: 13008202. Review of Environmental Resource Permit Applications, Policy and Purpose, Definitions, Permits Required, Permit Thresholds, Formal Determination of Wetlands and Other Surface Waters, Exemptions From Permitting, Exemptions From Specified Review Criteria, Modification of Exempt Projects, Publications, Rules and Interagency Agreements Incorporated by Reference, Content of Permit Applications, Forms and Instructions, Permit Application Processing Fees, Conditions for Issuance of Permits, Additional Conditions for Issuance of Permits, Environmental Resource Permit Authorization, Conceptual Approvals, Duration of Permits, Modification of Permits, District Revocation or Modification of Permits, Transfer of Permits, Conversion from Construction Phase to Operation Phase, General Conditions, Emergency Authorization
Published on: 13006650. This is a continuation of the May 9, 2013 public hearing to adopt amendments or repeal provisions in Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41, and 40E-400, F.A.C., and amend and rename the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District.; July 13, 2013, beginning 9:00 a.m.; Village of Key Biscayne, Council Chambers, 560 Crandon Boulevard, Key Biscayne, FL 33149
Published on: 12775014. The purpose and effect of this rulemaking is to amend rules of the South Florida Water Management District (“District”) consistent with Section 373.4131, F.S. (2012),which requires the Florida Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop statewide environmental resource permitting (“ERP”) rules. These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective and streamlined approach in the state’s ERP program. To implement 373.4131, F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. Some examples of subjects covered in DEP’s rulemaking for Chapter 62-330, F.A.C., include: permitting thresholds; permit exemptions; types of permits; permit fee categories; application and notice content and submittal procedures; procedures for processing ERP applications (including variances and general permits); conditions for issuance; and formal wetland determinations of the landward extent of wetlands and other surface waters. As part of its rulemaking, DEP also intends to incorporate by reference documents that will be known as an Applicant’s Handbook (AH). Two volumes of the AH will apply in each WMD: (1) one volume that will include general and environmental criteria and procedures and forms, which volume will apply statewide (AH Volume I); and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD (Applicant’s Handbook, Volume II). DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate changes to the District’s Chapter 40E-4, F.A.C.
Rule 40E-4.091 incorporates by reference the District’s “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District – May 20, 2012.” Many, but not all, of the provisions in this handbook will be superseded by provisions in the new state-wide Volume I. Therefore, Rule 40E-4.091 will be amended to delete reference to the District’s existing Basis of Review and incorporate by reference the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the South Florida Water Management District.”
The District proposes to amend Rule 40E-4.010 to conform to DEP’s amendments to Chapter 62-330, F.A.C., by referencing Chapter 62-330, F.A.C., and to repeal Rules 40E-4.011, 40E-4.021, 40E-4.041, 40E-4.0415, 40E-4.042, 40E-4.051, 40E-4.0515, 40E-4.054, 40E-4.101, 40E-4.201, 40E-4.205, 40E-4.301, 40E-4.302, 40E-4.303, 40E-4.305, 40E-4.321, 40E-4.331, 40E-4.341, 40E-4.351, 40E-4.361, 40E-4.381, and 40E-4.451, F.A.C., as the substance of these rules will be addressed in Chapter 62-330, F.A.C.
Published on: 12445505. The Department of Environmental Protection (DEP), in coordination with the five Water Management Districts (WMDs), is conducting rulemaking to develop statewide environmental resource permitting (ERP) rules. The rules rely primarily upon existing rules of DEP and WMDs, which have been combined and revised as necessary to achieve a more consistent, effective, and streamlined approach to implement the ERP program throughout the state. This rulemaking is authorized under Section 373.4131, F.S. The ERP rules govern the construction, alteration, operation, maintenance, repair, abandonment, and removal of stormwater management systems, dams, impoundments, reservoirs, appurtenant works, or works, including dredging and filling in wetlands and other surface waters, or combinations thereof. The public is invited to provide comments on the proposed revisions to Chs. 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, F.A.C., together with associated fees, and the proposed Applicant’s Handbook Volume II. The proposed revisions to the District’s rules are to reflect DEP’s proposed amended Chapter 62-330 and Applicant’s Handbook Volume I, to delete duplicative language and to create Applicant’s Handbook Volume II from the existing Basis of Review for Environmental Resource Permit Applications.; January, 14, 2013, 1:00 p.m.; This workshop will be broadcast via webinar. Webinar registration is via https://www2.gotomeeting.com/register/173260570. Additional registration information can be found at www.sfwmd.gov/portal/page/portal/xweb%20-%20release%202/rules%20statutes%20and%20criteria
Alternatively, persons may view the webinar at the following South Florida Water Management District locations: Headquarters, Building B-1, Storch Room, 3301 Gun Club Road, West Palm Beach, FL 33406; Orlando Service Center, Shingle Creek Conference Room, 1707 Orlando Central Parkway, Suite 200, Orlando, FL 32809; Lower West Coast Service Center, 1st Floor Conference Room, 2301 McGregor Boulevard, Fort Myers, FL 33901.
Published on: 12029278. The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012. This statute requires the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental permitting (ERP) rules. These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective, and streamlined approach in the state’s ERP program. To implement Section 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions. Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; and formal determinations of the landward extent of wetlands and other surface waters. As part of its rulemaking, DEP also intends to incorporate by reference documents to be known as an Applicant’s Handbook. Two volumes of the Applicant’s Handbook will apply in each WMD: (1) one volume that will include general and environmental procedures, and forms that will apply statewide; and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD. DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in SFWMD’s Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, and will necessitate amendments to SFWMD Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, F.A.C., and its existing Basis of Review. Therefore, the purpose of this rule development is to revise or repeal SFWMD’s rules consistent with DEP’s adoption of statewide ERP rules in Chapter 62-330, F.A.C.
Published on: 9536281. The proposed rule amendments were identified for correction/updating in accordance with Section 120.74, F.S. The amendments are as follows: 1) delete “general” from standard permits pursuant to Section 373.118, F.S.; 2) update rules to be consistent with amendment to Section 373.083, F.S.; 3) update the District’s ePermitting website and delete outdated navigation instructions; 4) specify paragraph in which Basis of Review is incorporated; 5) specify statute describing private docks; 6) delete incorporated material no longer relied upon; 7) update incorporation language pursuant to Section 120.55(1)(a)4., F.S., and Rule 1B-30.005, F.A.C., and include hyperlinks to materials incorporated by reference pursuant to Section 120.54(l)(i), F.S.; 8) update process for submitting applications; 9) delete language redundant of another rule; 10) clarify reference to all applications rather than specific; 11) update title of regulation director; and 12) add date of operating agreement; and 13) add contact information for Division of Historical Resources.
The District is also amending the “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District,” incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C., as follows: Section 1.1 – correct the term “rule” to “paragraph”; 1.2 – delete “general” from standard permits pursuant to Section 373.118, F.S.; 1.2.1 – add “standard” permits as a permit separate from “general” permits pursuant to Section 373.118, F.S.;
1.3 – add Governing Board designee pursuant to amendment to Section 373.083, F.S.; 2.10, 2.18, 2.34, 2.37 – update effective date of referenced rules, delete repealed rule and add incorporation language pursuant to Rule 1B-30.005, F.A.C; 2.35 – add Governing Board designee pursuant to amendment to Section 373.083, F.S.; 4.1 – add incorporation language pursuant to Rule 1B-30.005, F.A.C.; 4.1.1 – correct rule, subsection and paragraph, and update rule reference; 4.2.1 – delete reference to repealed rule; 4.2.2 – delete the term “general” as a form of standard permit pursuant to s. 373.118(1), F.S., and correct agency name; 4.2.2.4 – delete title next to rule number; 4.2.3 – add the term “subparagraph” before rule numbers; 4.2.3.3 – delete manual no longer relied upon; 4.2.3.6 – delete the term “general” as a form of standard permit pursuant to Section 373.118(1), F.S.; 4.2.4.4 – clarify paragraph number of rule reference;
4.2.7, 4.3 and 4.3.1.7 – delete references to repealed rules; Table 4.2.7-1 – move table under section 4.2.7; 4.3.7.6 and 4.3.8 – add incorporation language pursuant to 1B-30.005, F.A.C.; 4.4.3.1 – change “long term” to “perpetuity” to clarify and be consistent with other statutes; 4.4.4.7, 4.5, 4.5.1 – add incorporation language pursuant to Rule 1B-30.005, F.A.C.; 5.1 – add F.A.C. to rule reference; 5.2.2 – update references to ordinances and add incorporation language pursuant to 1B-30.005, F.A.C.; 5.9.4 – delete agency reference and delete old process for submitting results; 6.12 – correct incomplete sentence; 9.2.4 – add incorporation language pursuant to Rule 1B-30.005, F.A.C.; 10.1 – add incorporation language pursuant to Rule 1B-30.005, F.A.C.; and Appendix 6 – delete cover sheet.
Published on: 9146729. To amend the District’s rules and Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District to: 1) delete obsolete forms and other documents incorporated by reference; 2) correct citations; 3) add “subparagraph” or “paragraph” before rule references; 4) update rules for consistency with statutory amendments; 5) correct reference to exhibit on Form 1318; 6) update process for submitting forms and other documents to the District; 7) repeal rules that are unnecessary because they are duplicative of rules set forth in the District’s general rules; 8) replace illegible maps in the Florida Administrative Code and renumber Figures for consistency; 9) update rule references from surface water management to environmental resource permitting; 10) delete unnecessary rule titles following rule numbers within text; 11) update rules incorporating materials by reference to conform to the Department of State’s rule regarding materials incorporated by reference; and 12) delete “general” from “standard general permits”; and 13) delete general condition paragraph 40E-4.381(1)(r), F.A.C., as redundant.