62-113.100. Purpose

This rule chapter lists the delegation agreements which have been entered into by the Department with another state agency, political subdivision or water management district, and which delegate any of the Department’s duties and responsibilities under Chapters 253, 373, 376 and 403, F.S., and title 62, F.A.C. This rule chapter additionally lists the agreements with water management districts which specify that the Department is exercising any of its independent regulatory authorities pursuant to chapter 373, F.S. For purposes of title 62, F.A.C., wherever the term “Department” appears, it shall mean the Florida Department of Environmental Protection or its delegatee as provided in the agreements listed in chapter 62-113, F.A.C. These delegation agreements are hereby incorporated by reference and are available for public inspection and copying during normal business hours at the Department’s Office of General Counsel, 3900 Commonwealth Blvd., Tallahassee, Florida.

(1) Delegations to state agencies.

(a) #74-2: Interagency Agreement between Department of Pollution Control and Department of Agriculture and Consumer Services delegating permitting and enforcement authority relating to open burning and frost protection fires to administer chapter 62-5, F.A.C., January 31, 1974.

(b) #81-21: Interagency Agreement between Department of Environmental Protection and Department of Agriculture and Consumer Services delegating enforcement and permitting of open burning rules. October 12, 1981.

(c) #74-1: Interagency Agreement between Dept. of Pollution Control and Florida Game and Freshwater Fish Commission to delegate Chapter 403 enforcement duties to the Commission. December, 1973.

(d) #92-1: Interagency Agreement between Department of Environmental Protection and Department of Health and Rehabilitative Services for Implementation of the Florida Safe Drinking Water Act. – delegates to the County Public Health Units of Lee, Broward, Dade, Duval, Hillsborough, Manatee, Palm Beach, Pinellas, Polk and Sarasota counties the authority pursuant to section 403.862(1)(c), F.S., to administer the public water system program. February 28, 1992.

(2) Delegations to political subdivisions.

(a) #76-4: Local program delegation to Broward County – Delegates Department of Environmental Protection permitting to Broward County for domestic waste, solid waste, industrial waste, and air pollution (excludes Power Plant Siting), and enforcement/compliance monitoring duties. June 18, 1976.

(b) #81-1: Delegation to Broward County Environmental Quality Control Board to issue permits for domestic waste, and general permits for certain dredge and fill and solid waste and domestic waste facilities. January 10, 1984.

(c) #84-2: Operating Agreement with Broward County Environmental Quality Control Board to issue certain permits for sewage collection systems, domestic waste facilities, and certain dredge and fill general permits. March 1, 1984.

(d) #86-10: Agreement between Collier County and Department of Environmental Protection – delegates inspections of certain package sewage treatment plants to Collier County. April 29, 1986.

(e) #83-9: Delegation to Dade County Department of Environmental Resources Management to issue domestic wastewater/ sewage system construction and certain general permits. May 26, 1983.

(f) #86-14: Delegation to Duval County of Domestic/Industrial, Solid Waste and Air Permitting. June 3, 1982.

(g) #85-5: First Amendment to Hillsborough County Environmental Protection Commission General Operating Agreement: delegates partial permitting authority for domestic wastewater program, domestic sludge program, solid waste program and industrial waste program. April 23, 1985.

(h) #86-11: Addendum to Operating Agreement with Lake County – delegates permitting to Lake County for domestic sludge landspreading. December 22, 1986.

(i) #95-1: Order of Delegation and Operating Agreement Between the Florida Department of Environmental Protection and Palm Beach County Department of Environmental Resources Management Regarding Environmental Resource Noticed General Permits for Single Family Residential Lots Within the Indian Trail Water Control District.

(j) #84-2: Delegation Order #OGC 84-0077 to Palm Beach County Health Department to issue certain permits (sewage systems, domestic waste, certain general permits) February 24, 1984.

(k) #84-8: Operating Agreement with Palm Beach County Health Department to process and issue certain permits entered into pursuant to Delegation Order #OGC 84-0077. March 28, 1984.

(l) #91-1: Agreement with Palm Beach County Public Health Unit for delegation of domestic wastewater activities. January 8, 1991.

(m) #89-12: Addendum to Operating Agreement with Volusia County to administer permitting program for landspreading of domestic sludge. July 20, 1989.

(n) #92-4: Air Pollution Control Specific Operating Agreement Between the State of Florida Department of Environmental Protection and the Hillsborough County Environmental Protection Commission: delegates certain air permitting responsibilities to Hillsborough County Environmental Protection Commission. November 20, 1992.

(o) #01-1: Delegation Agreement Between the Florida Department of Environmental Protection, the South Florida Water Management District, and Broward County Regarding Implementation of Environmental Resource Permitting, Compliance, and Enforcement, under part IV, chapter 373, F.S., dated May 22, 2001.

(p) #11-1: Delegation Agreement Between the Florida Department of Environmental Protection and the Environmental Protection Commission, Hillsborough County, Regarding Implementation of Environmental Resource Permitting, Compliance, and Enforcement, under part IV, chapter 373, F.S., effective date December 13, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00943).

(3) Delegations to water management districts and agreements with water management districts specifying areas in which the Department is exercising any of its independent regulatory authorities pursuant to chapter 373, F.S.

(a) #77-4: Delegation from Department of Environmental Protection to the South Florida Water Management District of Department of Environmental Protection of permitting authority for construction or operation of works which discharge into waters of the State. May 10, 1977.

(b) #82-2: Order Authorizing South Florida Water Management District to Administer, Enforce and Defend chapter 62-25, F.A.C., – delegates authority to South Florida Water Management District to regulate water quality impacts of stormwater discharges. February 3, 1982.

(c) #84-15: Interagency Agreement between Department of Environmental Protection and South Florida Water Management District concerning Authority to Certify Water Quality Standards under the Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. September 28, 1984.

(d) #89-17: Order of Delegation Authorizing the South Florida Water Management District to Administer, Enforce and Defend part IV of chapter 373, F.S. – delegates MSSW permitting to the South Florida Water Management District. July 20, 1989; amended December 29, 1989.

(e) #98-2: Operating Agreement Concerning Regulation Under part IV, chapter 373, F.S., and Aquaculture General Permits Under section 403.814, F.S., between South Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the South Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under part IV, chapter 373, F.S., and a division of responsibility between the South Florida Water Management District and the Department regarding formal wetland determinations pursuant to sections 373.421(2) through (5), F.S., October 27, 1998.

(f) #07-1: Operating Agreement Concerning Regulation Under part IV, chapter 373, F.S., between South Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the South Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under part IV, chapter 373, F.S., and a division of responsibility between the South Florida Water Management District and the Department regarding formal wetland determinations pursuant to sections 373.421(2) through (5), F.S., July 1, 2007.

(g) #78-5: Memorandum of Understanding between Department of Environmental Protection and Suwannee River Water Management District delegating permitting of wells under chapter 373, F.S., and chapter 62-532, F.A.C., August 17, 1978.

(h) #81-12: Memorandum of Understanding between Department of Environmental Protection and Suwannee River Water Management District regarding delegation for permitting of drinking wells, applications for permits involving construction and operation of artificial recharge facilities, and applications for permits involving land disposal of treated wastewater. June 18, 1981.

(i) #84-18: Operating Agreement between Department of Environmental Protection and Suwannee River Water Management District concerning Certification of Water Quality Standards under The Federal Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. December 19, 1984.

(j) #86-3: Order of Delegation to Suwannee River Water Management District to Administer, Defend, and Enforce Chapter 62-25, F.A.C. – delegates regulation of stormwater discharges. March 21, 1986.

(k) #89-16: Order of Delegation Authorizing Suwannee River Water Management District to Administer, Enforce and Defend part IV of chapter 373, F.S. – delegates MSSW permitting to the Suwannee River Water Management District. July 20, 1989; amended December 29, 1989.

(l) #98-3: Operating Agreement Concerning Regulation Under part IV, chapter 373, F.S., and Aquaculture General Permits Under section 403.814, F.S., between Suwannee River Water Management District and Department of Environmental Protection – provides a division of responsibility between the Suwannee River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, pursuant to part IV, chapter 373, F.S., and a division of responsibility between the District and the Department regarding formal wetland determinations pursuant to sections 373.421(2) through (5), F.S., October 27, 1998.

(m) #07-2: Operating Agreement Concerning Regulation Under part IV, chapter 373, F.S., between Suwannee River Water Management District and Department of Environmental Protection – provides a division of responsibility between the Suwannee River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under part IV, chapter 373, F.S., and a division of responsibility between the Suwannee River Water Management District and the Department regarding formal wetland determinations pursuant to sections 373.421(2) through (5), F.S., July 1, 2007.

(n) #82-18: Order on Authorization to Southwest Florida Water Management District to Administer, Enforce and Defend specified parts of chapter 62-550, F.A.C. – Delegates water supply well construction permitting to Southwest Florida Water Management District. September 17, 1982.

(o) #84-19: Operating Agreement between Department of Environmental Protection and Southwest Florida Water Management District concerning Certification of Water Quality Standards under The Federal Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. November 7, 1984.

(p) #89-13: Order of Delegation Authorizing Southwest Florida Water Management District to Administer, Enforce and Defend part IV of chapter 373, F.S. – delegates MSSW permitting to Southwest Florida Water Management District. July 20, 1989; amended December 29, 1989.

(q) #91-8: Memorandum of Agreement between the Department of Environmental Protection and Southwest Florida Water Management District Regarding Delegation of Permitting Authority for Aquaculture Facilities – delegates permitting for certain aquaculture activities to the Southwest Florida Water Management District. August 23, 1991.

(r) #98-4: Operating Agreement Concerning Regulation Under part IV, chapter 373, F.S., and Aquaculture General Permits Under section 403.814, F.S., between Southwest Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the Southwest Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, pursuant to part IV, chapter 373, F.S., and a division of responsibility between the District and the Department regarding formal wetland determinations pursuant to sections 373.421(2) through (5), F.S., October 27, 1998.

(s) #07-3: Operating Agreement Concerning Regulation Under part IV, chapter 373, F.S., between Southwest Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the Southwest Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under part IV, chapter 373, F.S., and a division of responsibility between the Southwest Florida Water Management District and the Department regarding formal wetland determinations pursuant to sections 373.421(2) through (5), F.S., July 1, 2007.

(t) #84-16: Operating Agreement between Department of Environmental Protection and St. Johns River Water Management District concerning Certification of Water Quality Standards under The Federal Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. November 14, 1984.

(u) #88-1: Operating Agreement concerning Stormwater Discharge Regulation and Dredge and Fill Regulation between St. Johns River Water Management District and Department of Environmental Protection – provides that the Department shall process certain MSSW permits and delegates certain dredge and fill permitting to the District. January 4, 1988.

(v) #89-15: Order of Delegation Authorizing St. Johns River Water Management District to Administer, Enforce and Defend part IV of chapter 373, F.S. – delegates MSSW permitting to the St. Johns River Water Management District. July 20, 1989; amended December 29, 1989.

(w) #98-5: Operating Agreement Concerning Regulation Under part IV, chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between St. Johns River Water Management District and Department of Environmental Protection – provides a division of responsibility between the St. Johns River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, pursuant to part IV, chapter 373, F.S., and a division of responsibility between the District and the Department regarding formal wetland determinations pursuant to sections 373.421(2) through (5), F.S., October 27, 1998.

(x) #07-4: Operating Agreement Concerning Regulation Under part IV, chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection – provides a division of responsibility between the St. Johns River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under part IV, chapter 373, F.S., and a division of responsibility between the St. Johns River Water Management District and the Department regarding formal wetland determinations pursuant to sections 373.421(2) through (5), F.S., July 1, 2007.

(y) #84-17: Operating Agreement between Department of Environmental Protection and Northwest Florida Water Management District concerning Certification of Water Quality Standards under The Federal Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. December 19, 1984.

(z) #81-8: Order of delegation of the Department of Environmental Regulation to the Northwest Florida Water Management District, St. Johns River Water Management District, Suwannee River Water Management District, Southwest Florida Water Management District, and South Florida Water Management District to administer and enforce certain provisions of Chapter 373, F.S. April 27, 1981.

(aa) #10-1: Operating Agreement Concerning Regulation Under part IV, chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection,” effective (10-1-13) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02985).

Rulemaking Authority 373.043, 373.046, 373.4145, 373.418, 373.441, 403.061 FS. Law Implemented 373.026, 373.046, 373.109, 373.4145, 373.441, 403.061, 403.182 FS. History–New 1-5-93, Amended 11-16-93, 3-14-94, Formerly 17-113.100, Amended 7-4-95, 4-3-96, 3-24-98, 12-3-98, 7-16-01, 7-1-07, 12-26-07, 2-9-12, 10-1-13.