The Department of Environmental Protection proposes to amend the existing Operating Agreements between the Department and the Suwannee River Water Management District (SRWMD), St. Johns River Water Management District (SJRWMD), Southwest Florida ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-113.100: Purpose
PURPOSE AND EFFECT: The Department of Environmental Protection proposes to amend the existing Operating Agreements between the Department and the Suwannee River Water Management District (SRWMD), St. Johns River Water Management District (SJRWMD), Southwest Florida Water Management District (SWFWMD), and South Florida Water Management District (SFWMD) regarding environmental resource permit program activities regulated under Part IV of Chapter 373, F.S. These Agreements are listed and incorporated by rule in subsection 62-113.100(2), F.A.C. Specifically, these Operating Agreements provide a division of responsibility between the Department and each water management district (District) regarding permitting, compliance, and enforcement under Part IV of Chapter 373, F.S., mitigation banking under Sections 373.4135 and 373.4136, F.S., and wetland determinations under subsections 373.421(2) through (5), F.S.

The Agreements must be executed by both the Department and the Districts, and will require concurrent rulemaking by each District to incorporate each District’s Agreement with the Department into the rules of the respective District.

OGC No.: 07-0080

SUBJECT AREA TO BE ADDRESSED: Amendments to the Agreements are proposed to revise the division of responsibilities between the Department and the water management district for activities under Part IV of Chapter 373, F.S., such as: domestic or industrial wastewater treatment activities; potable water facilities; mining activities; communication cables and natural gas distribution lines; larger plans of development associated with docking facilities; residential dwelling units; boat ramps, ski jumps, and other “in water” activities; docking facilities and seawalls within the Mosquito Lagoon, Banana River, and Indian River (within the SJRWMD); docking facilities associated with no-notice general permits within the SFWMD; activities on lands leased by the Division of Recreation and Parks; mitigation banks and Regional Offsite Mitigation Areas; modifications of permits, including those associated with modifications to stormwater systems previously authorized under Chapters 17-25 or 62-25, F.A.C.; activities subject to Special Case Agreements; and compliance and enforcement of violations of activities on sovereignty submerged lands.

When it becomes effective, this agreement will supersede and replace the October 27, 1998, Operating Agreements Concerning Regulation Under Part IV, Chapter 373, F.S., between the Department and the SFWMD (#98-2, as adopted by reference in paragraph 62-113.100(3)(e), F.A.C.), SRWMD (#98-3, as adopted by reference in paragraph 62-113.100(3)(k), F.A.C.), SWFWMD (#98-4, as adopted by reference in paragraph 62-113.100(3)(p), F.A.C.), and SJRWMD (#98-5, as adopted by reference in subsection 62-113.100(3), F.A.C.).

SPECIFIC AUTHORITY: 373.026, 373.043, 373.046, 373.418, 373.441, 403.061 FS.
LAW IMPLEMENTED: 373.026, 373.046, 373.441, 403.061, 403.182 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Alice Heathcock, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources – MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone], or e-mail: [e-mail]. Further information and updates on this proposed rule also may be obtained from the Department’s Web Site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm.

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

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, Florida Statutes, 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. 2600 Blairstone Road, Tallahassee, Florida.

(1) through (2) No change.

(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) through (e) No change.

(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 subsections 373.421(2) through (5), F.S., [Effective Date].

(f) through (k) renumbered (g) through (l) No change.

(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 subsections 373.421(2) through (5), F.S., [Effective Date].

(l) through (p) renumbered (n) through (r) No change.

(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 subsections 373.421(2) through (5), F.S., [Effective Date].

(q) through (t) renumbered (t) through (w) No change.

(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 subsections 373.421(2) through (5), F.S., [Effective Date].

(u) through (v) renumbered (y) through (z) No change.

Proposed Effective Date: July 1, 2007.

Specific Authority 373.026, 373.043, 373.046, 373.418, 373.441, 403.061 FS. Law Implemented 373.026, 373.046, 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.