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Florida Administrative Code (Last Updated: November 11, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-344. Delegation Of The Environmental Resource Program To Local Governments |
1Words and phrases used in this chapter shall, unless context clearly indicates otherwise, have the following meanings:
18(1) “Conflicting standards” means the water quality, water quantity, and water resource related environmental criteria that are part of a local government regulatory program which cannot be met if the corresponding criteria of the environmental resource permit program are met.
58(2) “Delegation” means the grant of authority to a local government to take final agency action on all or a portion of the environmental resource permit program.
85(3) “Department” means the Department of Environmental Protection.
93(4) “Environmental Resource Permit” means a permit issued pursuant to Part IV of Chapter 373, F.S., (except those subject to the provisions of Sections 117373.414(11) 118through (16), 120373.4145(6), F.S., 122and Section 18 of Chapter 94-122, Laws of Florida) after September 21, 1995.
135(5) “Environmental resource permit program” means the responsibility and authority to:
146(a) Review and take final action on applications for environmental resource permits, petitions for variances related to environmental resource permits, and formal determinations of wetlands and other surface waters;
175(b) Perform compliance inspections and monitoring for activities subject to regulation under Part IV of Chapter 373, F.S.; and
194(c) Enforce orders and rules, including environmental resource permits, issued or adopted pursuant to the authority of Part IV of Chapter 373, F.S., on or after September 21, 1995.
223(6) “Local pollution control program” means a local governmental entity created by special or general act of the Legislature for the primary purpose of adopting and implementing a regulatory program designed to protect the environment.
258(7) “Stricter standards” means water quality, water quantity, and water resource related environmental criteria relating to corresponding criteria in the environmental resource permit program of the Department or District that are part of a local government regulatory program, implemented under a properly adopted ordinance or local law which, when applied within the context of the environmental resource permit program, provide a greater environmental benefit than the corresponding criteria of the environmental resource permit program itself.
333Rulemaking Authority 335373.441(1) FS. 337Law Implemented 339373.441 FS. 341History–New 8-29-95, Amended 8-7-12.
