Published on: 12978714. The fees charged by the Department (DEP) to process applications, notices, and petitions for environmental resource permit (ERP) activities regulated under Part IV of Chapter 373, F.S., are being amended. These amendments will be made in paragraphs 62-4.050(4)(h) and (i), F.A.C. These amendments are made in conjunction with amendments to Chapter 62-330, F.A.C., to implement the statewide environmental resource permit (SWERP) rule authorized by Section 373.4131, F.S. The processing fees apply to both DEP and the Northwest Florida Water Management District (NWFWMD) for applications, notices, and petitions processed by either Agency within the NWFWMD. The fees also will apply to DEP statewide when it is responsible for the review and agency action on an ERP activity; separate rulemaking to amend processing fees has been noticed by the water management districts when they are responsible for the review and agency action on an ERP activity in accordance with the Operating Agreements incorporated by reference between the agencies in Chapters 62-113 and (currently) 62-346, F.A.C. Overall, the rule amendments will simplify the ERP processing fee schedule (to make it easier for staff and the public to determine the correct processing fee), while keeping the overall fees collected as revenue-neutral as possible (although fees for some activities will decrease, while others will increase). The proposed minor revisions to Rules 62-4.001 and 62-4.200, F.A.C., are necessary to account for the repeal of rules under Chapters 62-343 and 62-346, F.A.C. that will occur concurrently with the SWERP rulemaking.
Published on: 12956210. To amend the references to Chapter 62-330, F.A.C., and rules adopted thereunder, and to strike references to Chapters 62-343 and 62-346, F.A.C. These changes are necessitated by the implementation of the “Statewide Environmental Resource Permit” (SWERP) rules under Chapter 62-330, F.A.C., (authorized by Section 373.4131, F.S.), which in turn will require the repeal of existing rules under Chapters 62-343 and 62-346, F.A.C. This rulemaking will expand upon the rulemaking, already underway, to amend processing fees under Rule 62-4.050, F.A.C., for ERP-related activities. A separate Notice of Development of Rulemaking for those amendments to 62-4.050, F.A.C., was published in the Florida Administrative Register on January 15, 2013.
Published on: 3851790. The proposed rule amends the scope sections within each of the three Parts of Chapter 62-4, F.A.C., as part of concurrent rulemaking that will implement a new environmental resource permitting (ERP) program in the geographical area of the Northwest Florida Water Management District, generally referred to as the “Panhandle.” The new ERP program is authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. A new rule Chapter 62-346, F.A.C., is being proposed through separate rulemaking to implement the Phase I of a new ERP program in the Panhandle. The proposed rule amendments to Chapter 62-4, F.A.C., in conjunction with the proposed Chapter 62-346, F.A.C., will modify the applicability of certain provisions of Chapter 62-4, F.A.C., which will apply to the proposed stormwater management systems in the Panhandle under Section 373.4145(1), F.S. Provisions that will continue to apply include the definitions in Rule 62-4.020, F.A.C., and the water quality provisions in Rules 62-4.242 through 62-4.244, F.A.C., related to anti-degradation, Outstanding Florida Waters, exemptions from water quality criteria, and mixing zone criteria. Most of the other provisions in Chapter 62-4, F.A.C., including those related to fees and general conditions applicable to general permits, are either addressed in Chapter 62-346, F.A.C., or are not applicable to the ERP program, and therefore are not applicable to the ERP program. However, the proposed rule will preserve the applicability of Chapter 62-4, F.A.C., to wetland resource, stormwater, and management and storage of surface water programs grandfathered under Sections 373.414 and 373.4145(6), F.S.
OGC No.: 06-1119 (formerly Docket No. 02-01R)