The purpose and effect of this rulemaking is to amend rules of the St. Johns River Water Management District (District) consistent with section 373.4131, F.S. (2012), which requires the Florida Department of Environmental Protection (DEP) in ...

 

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NOS.:RULE TITLES:
40C-1.1009Emergency Authorization for Activities Regulated Under Part IV of Chapter 373, F.S
40C-1.135Delegations of Authority
40C-1.602Licenses or Permits Required
40C-1.603Permit Fees
40C-1.608Denial of a License or Permit
40C-1.612Transfer of Ownership or Permit
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to amend rules of the St. Johns River 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 permit (ERP) rules. These rules are to rely primarily upon existing rules of DEP and the 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, 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 40C-1, F.A.C.
To make the District’s rules consistent with DEP’s Chapter 62-330, the District proposes the following changes to Chapter 40C-1: (1) amend Rule 40C-1.1009 to conform to DEP’s amendments to Chapter 62-330, because systems that currently require a permit under Chapters 40C-4, 40C-40, 40C-42, or 40C-400, F.A.C., will now require a permit under Chapter 62-330; (2) amend Rules 40C-1.135 and 40C-1.602 to conform to DEP’s amendments to Chapter 62-330 regarding types of permits and delete references to permit types currently issued pursuant to Chapters 40C-4, 40C-40, 40C-42, or 40C-400 that will become 62-330 permits; (3) amend rule 40C-1.603 to conform to DEP’s amendments to Chapter 62-330 by simplifying ERP fees categories consistent with proposed statewide fees categories, and revising most ERP fees (due to the changes in ERP fees categories) in a manner that will not increase fees (and may reduce fees for certain environmental restoration or stormwater retrofit projects and projects consistent with a conceptual permit), including providing a limited (approximately two years) grandfathering provision for the cost of modifying existing 40C-4, 40C-40, and 40C-42 permits, providing free verification of a noticed exemption for certain minor silvicultural surface water management systems authorized under 62-330.0511, and providing a fee exemption for applications by the U.S. Department of Defense for a permit under Chapter 62-330; (4) amend rule 40C-1.608 to conform to DEP’s amendments to Chapter 62-330 by changing the Applicant’s Handbook reference to the equivalent provision in subsection 10.2.1 of the new Applicant’s Handbook Volume I that will be incorporated by reference in Rules 62-330.010(4) and 40C-4.091(1); and (5) amend Rule 40C-1.612 to conform to: (a) DEP’s amendments to Chapter 62-330 by deleting references to the transfer of ERPs under Chapters 40C-4, 40C-40, 40C-42, or 40C-400, because ERPs will now be issued pursuant to Chapter 62-330 and the transfer of 62-330 permits will be governed by new Rules 62-330.310 and 62-330.340, (b) provide criteria governing the transfer of ERPs under 40C-44, and (c) provide a limited grandfathering provision for the transfer of ERPs issued under Chapters 40C-4, 40C-40, or 40C-42 that pre-date the amendments to Chapter 62-330.
After DEP’s amendments to Chapter 62-330 become effective, the District will repeal the following four rules that will be superseded by Chapter 62-330, using the procedure described in paragraph 373.4131(2)(c), F.S.: (1) 40C-1.1002 (variances under Section 373.414, F.S.); (2) 40C-1.1006 (formal wetland determinations); (3) 40C-1.1013 (processing procedures for noticed general permits); and (4) 40C-1.604 (conceptual approval permit procedures).
SUMMARY: The proposed rule amendments will: (1) delete or update references to Rule Chapters 40C-4, 40C-40, 40C-42, and 40C-400, and the Applicant’s Handbooks and conform them to the statewide ERP rules; (2) simplify the District’s ERP fees categories and conform them to those in the statewide ERP rules; (3) revise the ERP fee amounts as needed based on the revised fee categories, with the intent of not increasing regulatory costs, provide a fee exemption for applications for a 62-330 permit by the U.S. Department of Defense, provide free verification of a noticed exemption for certain minor silvicultural systems authorized under 62-330.0511, and create a limited grandfathering provision for the fee to modify a 40C-4, 40C-40, or 40C-42 permit; and (4) make other necessary conforming changes to reflect adoption of the statewide ERP rules.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.
Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 120.54(5), 373.044, 373.113 FS.
LAW IMPLEMENTED: 120.54(5), 120.60, 369.316, 369.318, 373.016(2), 373.085, 373.106, 373.109, 373.118, 373.119, 373.171, 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.418, 373.426, 373.439, 403.812, 403.813 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on April 9, 2013, which begins immediately following the Regulatory Committee Meeting that begins at 10:00 a.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Legal Administrative Assistant, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

40C-1.1009 Emergency Authorization for Activities Regulated Under Part IV of Chapter 373, F.S.

(1) Permission to begin construction, alteration, operation, maintenance, abandonment, or removal of any system requiring a permit under Chapter 40C-4, 40C-40, 40C-42, 40C-44, or 62-330 40C-400, F.A.C., prior to the issuance of a permit may be applied for, in writing, when emergency conditions can be alleviated by such construction, alteration, operation, maintenance, abandonment, or removal of the system. Emergency conditions are defined as conditions which pose a present or imminent danger and require immediate action to protect: public health, safety or welfare; the health of animals, fish or aquatic life; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses. Unless otherwise provided in the emergency authorization, the issuance of an emergency authorization shall not obviate the need for a permit. If a permit is not obtained within a period of one year following execution of the emergency authorization, then such system shall be returned to the condition that existed prior to execution of the emergency authorization. The one year time limit shall be tolled during any challenge or appeal of the permit which delays the issuance of the permit or stays the effect of the permit.

(2) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.418 FS. Law Implemented 120.54(5), 373.119, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.439 FS. History–New 12-7-83, Formerly 40C-4.451, 40C-4.0451, Amended 8-4-98, 10-11-01,_________ .

 

40C-1.135 Delegations of Authority.

(1) No change.

(2) The Board of Trustees of the Internal Improvement Trust Fund, pursuant to Rule 18-21.0051, F.A.C., has delegated to the Governing Board the authority to review and take final agency action on certain applications to use sovereign submerged lands. Rule 18-21.0051, F.A.C., also provides that the Governing Board may further delegate review and decision making authority to District staff. Therefore, the Governing Board delegates this authority to the Executive Director, Assistant Executive Director, Director and Assistant Director of the Division of Regulatory Services, Chief Director of the Bureau of Environmental Resource Regulation, and each Service Center Director, when an application to use sovereign submerged lands involves an activity which is reviewed pursuant to the general permit procedures of Chapter 62-330 40C-40 or 40C-400, F.A.C.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.53, 373.016, 373.103, 373.113, 373.118, 373.4131 FS. History–New 8-1-89, Amended 1-4-96, 11-11-03,_________.

 

40C-1.602 Licenses or Permits Required.

Unless expressly exempted by law or District rule, permits or licenses must be obtained from the District prior to commencement of the following activities:

(1) through (3)  No change.

(4) An environmental resource individual or general permit, pursuant to Chapters 62-330 40C-4, 40C-40, and 40C-400, F.A.C., must be obtained prior to construction, alteration, operation, maintenance, removal, modification, or abandonment of certain stormwater management systems, dams, impoundments, reservoirs, appurtenant works or works, including dredging or filling, as specified in Chapter 62-330, F.A.C. the referenced rules.

(5) An environmental resource conceptual approval permit, pursuant to Chapter 62-330 40C-4, F.A.C., may be obtained for proposed surface stormwater management systems as specified in Chapter 62-330 40C-4, F.A.C. No construction is authorized by a conceptual approval permit.

(6)  No change.

(7) An environmental resource permit, pursuant to Chapter 40C-42, F.A.C., must be obtained prior to construction or modification of certain new stormwater management systems or modification of certain existing stormwater management systems, as specified in Chapter 40C-42, F.A.C.

(8) An environmental resource permit, pursuant to Rule 40C-42.0265, F.A.C., which provides for the discharge of stormwater to wetlands, must be obtained prior to the construction or modification of such a stormwater system as specified in Chapter 40C-42, F.A.C.

(7)(9)  An environmental resource permit for the operation and maintenance of certain existing agricultural surface water management systems and for the construction of certain new agricultural surface water management systems pursuant to Chapters 62-330 and 40C-44, F.A.C., must be obtained from the District in order to discharge wastewaters into waters of the state from such a system.

(8)(10) A mitigation bank permit, pursuant to Chapter 62-342, F.A.C., must be obtained in order to establish a mitigation bank.  An application for a mitigation bank permit shall also constitute an application for any permit required under Chapter 62-330 40C-4, 40C-40, 40C-41, 40C-42, or 40C-400, F.A.C., to construct, alter, operate, maintain, abandon, or remove any surface stormwater management system or works proposed as part of the bank.

(9)(11) A mitigation bank conceptual approval permit, pursuant to Chapter 62-342, F.A.C, may be obtained in order to estimate the legal and financial requirements for establishment of a mitigation bank, the information needed for the mitigation bank application, and the potential mitigation credits for the bank.  A mitigation bank conceptual approval permit does not authorize construction or establishment of a bank.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 373.085, 373.103, 373.106, 373.118, 373.171, 373.219, 373.308, 373.323, 373.413, 373.4131, 373.416, 373.426, 403.812 FS. History–New 1-22-76, Amended 1-15-80, Formerly 16I-1.04, 40C-1.04, 40C-1.041, Amended 8-1-89, 8-11-91, 9-25-91, 10-3-95, 11-11-03,_________ .

 

40C-1.603 Permit Fees.

A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules or permit programs delegated to the District. Effective October 1, 1990, governmental entities shall be required to submit the fees established except as provided in subsections (19) or (20) (17). This fee recovers some of the District’s costs of processing applications.

The fee schedule is: 

(1) through (4) No change.

(5) Chapter 62-330 40C-4, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

(a) New applications (excluding projects described in paragraphs (5)(b) and (5)(c) below) – based on the categories below: Individual and conceptual permits                                        $5,380

1.  Total project area of less than 10 acres, with no works in, on, or over wetlands and other surface waters, and no boat slips              $490

2.  Total project area of less than 10 acres, less than 1 acre of works in, on, or over wetlands and other surface waters, and less than 10 new boat slips                                             $1,190   

3. Project exceeds any of the thresholds in subparagraph (5)(a)2. above, but involves a total project area of less than 40 acres, less than 3 acres of works in, on, or over wetlands and other surface waters, and less than 30 new boat slips                                                           $2,110

4. Project exceeds any of the thresholds in subparagraph (5)(a)3. above, but involves a total project area of less than 100 acres, less than 10 acres of works in, on, or over wetlands and other surface waters, and less than 50 new boat slips                                                         $5,610             

5. Project exceeds any of the thresholds in subparagraph (5)(a)4. above, but involves a total project

area of less than 640 acres, and less than 50 acres of works in, on, or over wetlands and other

surface waters$9,120

6. Project exceeds any of the thresholds in subparagraph (5)(a)5. above$11,220

(b) New applications for environmental restoration or enhancement activities (not associated with a mitigation bank and not implemented as mitigation).  For purposes of this fee category, “environmental restoration or enhancement” means actions designed and implemented solely to convert degraded or altered uplands, wetlands, or other surface waters back to communities typical of those historically present, or to improve the ecological value of wetlands or other surface waters in comparison to their existing condition.                                          $250

(c) New applications solely for stormwater retrofit projects$250

(d) Major modifications of Chapter 62-330, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

1. Major modifications that are consistent with an existing conceptual approval permit 50% of the fee for a new permit

2. Major modifications to a permit that increase the total project areaSame as fee for a new permit for the  activity proposed in the modification

3. Other major modifications 50% of initial application

(e) Minor modifications of Chapter 62-330, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

1. Transfers or statutory extensions of permits and correction of minor errors that do not require technical review$0

2. All other minor modifications25% of initial application

(6)(b) Mitigation Bank permits and conceptual approvals$11,960

(a) Major modifications of mitigation bank permits and conceptual approvals involving changes to one or more of the following components: service area; credit assessment; success

or release criteria; hydrologic structures or alterations; constructions or mitigation design

that does not increase the project area; elimination of lands; or monitoring or

management plans$1,410

(b) Other major modifications that do not qualify for a modification

under paragraph (6)(a) above or paragraph (6)(c) below$4,230

(c) Minor modifications of mitigation bank permits and conceptual approvals:

1. Transfers or statutory extensions of permits; correction of minor errors that do not require technical review; mitigation bank credit withdrawals and releases                            $0             

2.  All other minor modifications authorized by rule

62-330.315(2), F.A.C.$270

(c) Applications for modification of individual or conceptual environmental resource permits, or Mitigation Bank permits or conceptual approval permits, where the total land area of the project is not increased                                                                                                                $1,410             

(d) Applications for modification of individual or conceptual environmental resource permits,

or Mitigation Bank permits or conceptual approval permits, where the total land area of the project

is increased$4,230

(e) Requests for modification by letter of individual or conceptual environmental resource permits, or mitigation bank permits or conceptual approval permits              $270

(f) Chapter 40C-40, F.A.C., standard environmental resource permits:

1. Systems which have a project area greater than or equal to 40 acres$1,790

2. Systems which have a project area of less than 40 acres and greater than

one acre$1,190

3. Systems which have a project area of less than or equal to one acre$590

4. Applications qualifying under subsection 40C-40.302(5), F.A.C., for modification of individual or conceptual environmental resource permits, or mitigation bank permits or conceptual approval permits, where the total land area is not increased                            $1,100

5. Applications qualifying under subsection 40C-40.302(5), F.A.C., for modification of individual or conceptual environmental resource permits, or mitigation bank permits or conceptual approval permits, where the total land area of a project is increased              $3,300

6. Requests for modification by letter of Chapter 40C-40, F.A.C., standard environmental resource permits, where the total land area of a project is not increased                            $160

(7)(g) Chapter 62-330 40C-400, F.A.C., noticed general environmental

resource permits set forth in Rules 62-330.407 40C-400.417 through 62-330.635

40C-400.500, F.A.C. $250

(8)(h) Variances or waivers associated with any environmental resource permit application:

(a) Under Section 120.542, F.S.                                                                                    $0

(b) All other variances or waivers                                                                                    $550 or cost                                                                                                                                                                                       of application,whichever is less

(9)(i) Formal Determinations:

(a)1. For property less than or equal to 10 acres                                                        $860

(b)2. For property that is at least greater than 10 acres but less than or equal to

40 acres                                                                                                                                            $1,180

(c)3. For property that is at least greater than 40 acres but less than or equal to

120 100 acres                                                                                                                                            $2,370

(d)4. For property that is greater than 100 120 acres, plus $310 for each additional 100 acres or

portion thereof                                                                                                                $2,370

(e)5. For properties with an existing formal determination that qualify for  reissuance a lower fee in accordance with subsection 373.421(2), F.S. 40C-1.1006(7), F.A.C.              $350

(j) For permit applications which involve a combination of fee categories listed in this subsection, the highest fee that applies shall be charged.

(10)(k) Management and storage of surface waters permits under Chapters 40C-4 and 40C-40, F.A.C., as such rules existed prior to the adoption of rules adopted pursuant to Section 373.414(9), F.S., that are submitted pursuant to the grandfathering provisions of Sections 373.414(12) through (16), F.S.

(a)1. Individual and conceptual permits                                                                      $3,530

(b)2. General permits                                                                                                                $980

(c)(l) Permit applications and formal determinations which require wetland delineations pursuant to Section 373.421(7), F.S., will be charged a supplemental application fee of seven hundred dollars ($700), in addition to the application fees above.

(6) Chapter 40C-42, F.A.C., environmental resource stormwater permits and conceptual approval environmental resource stormwater permits:

(a) Stormwater facility serving a project with a total land area less than or

equal to one acre                                                                                                                              $280

(b) Stormwater facility serving a project with a total land area greater than one acre permit applications under Chapter 40C-42, F.A.C., as such rule existed prior to the effective date of the rules adopted pursuant to Section 373.414(9), F.S., that are submitted pursuant to the grandfathering provisions of Sections 373.414(12) through (16), F.S.                            $490

1. Stormwater facility serving a project with a total land area less than or equal to

one acre$220

2. Stormwater facility serving a project with a total land area greater

than one acre$440

(c) Requests for modification by letter of Chapter 40C-42, F.A.C.,

permits$110

(11)(7) No change.

(8) Chapters 62-4 and 62-312, F.A.C., wetland resource management (dredge and fill) permits issued pursuant to the grandfathering provisions of Sections 373.414(11) through (16), F.S.

(a) General permits$150

(b) Short form permits:

1. Involving the construction of new docking or boardwalk facilities, pursuant to Rule 62-312.070, F.A.C., that provide:

a. 0-2 new boat slips$460

b. 3-9 new boat slips$760

2. Involving dredging and filling activities that affect 10 acres or less of jurisdictional area, pursuant to subsection 62-312.070(2), F.A.C.:

a. Up to and including five years duration$760

b. From six years up to and including 10 years duration$4,600

(c) Standard form permits:

1. Up to and including five years duration$6,130

2. For six years duration$9,200

3. For seven years duration$10,740

4. For eight years duration$12,270

5. For nine years duration13,810

6. For ten years duration$15,640

7. For 11 years duration$16,880

8. For 12 years duration$18,410

9. For 13 years duration$19,940

10. For 14 years duration$21,480

11. For 15 years duration$23,010

12. For 16 years duration$24,550

13. For 17 years duration$26,080

14. For 18 years duration$27,620

15. For 19 years duration$29,150

16. For 20 years duration$30,690

17. For 21 years duration$32,220

18. For 22 years duration$33,760

19. For 23 years duration$35,290

20. For 24 years duration$36,830

21. For 25 years duration$38,360

(d) For permit applications which involve a combination of fee categories listed above, the highest fee that applies to the appropriate standard form or short form project, pursuant to Rule 62-312.070, F.A.C., shall be charged.

(e) Variances from permitting standards, permit conditions, or water quality standards associated with a wetland resource permit application:

1. Variances from prohibition of subsection 62-312.080(7), F.A.C.$550

2. Other variances$100

(f) In determining a wetland resource management permit fee, the permit’s duration term shall be reduced by the  time period (in yearly increments) during which no dredging or filling activity occurs or no reclamation, restoration, or mitigation occurs and only minor monitoring and maintenance activities are required. The fee for the full term shall be submitted with the application. After the District determines the period of time that the term of the permit can be reduced, the excess fee shall be returned.

(g) A single additional fee of $760 shall be required for projects in which monitoring and evaluation to determine success of the mitigation will be required beyond the period of time to which the permit fee will ordinarily apply. If it is determined at the time of the permit application that monitoring and evaluation to determine the success of the mitigation will be required beyond the time period to which the permit fee will ordinarily apply, then this single additional fee will be due at that time. If it is determined after the time of permit application that monitoring and evaluation to determine the success of the mitigation will be required beyond the time period to which the permit fee will ordinarily apply, then this single additional fee shall be due when it is determined that this monitoring and evaluation is required.

(h) Minor modifications of permits that do not require substantial technical evaluation by the District, do not require a new site inspection by the District, and will not lead to substantially different environmental impacts or will lessen the impacts of the original permit:

1. That consist of transfers of permits or time extensions$70

2. Involving minor technical changes when the existing permit fee is

less than $460.00$70

3. Involving minor technical changes when the existing permit fee is more than or

equal to $460.00$380

(12)(9) Chapter 40C-44, F.A.C., environmental resource agricultural system permits that only require a permit under paragraph 62-330.020(2)(i), F.A.C., and section 1.2.3 of the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District,” which is incorporated by reference in paragraph 40C-4.091(1)(a), F.A.C.:

(a) Individual Standard General Permits for agricultural operations less

than 40 acres$420

(b) Individual Standard General Permits for agricultural operations

greater than 40 acres$1,050

(c) Individual Permits$2,820

(d) Permit applications under Chapter 40C-44, F.A.C., as such rule existed prior to the effective date of the rules adopted pursuant to Section 373.414(9), F.S., that are submitted pursuant to the grandfathering provisions of Sections 373.414(12) through (16), F.S.

1. General Permits for agricultural operations less than 40 acres$470

2. General Permits for agricultural operations greater than 40 acres$940

3. Individual Permits$2,840

(13)(10) Modifications of Permits. Unless the fee for modification of a permit is specifically provided above, the fee required with an application for modification shall be that which is established for the applicable type of permit.  However, when an applicant for a permit under Chapter 62-330, F.A.C., resubmits within 365 days after withdrawing an application for an activity on part of the same project area for which it already paid the application fee, no fee shall be charged except for any additional fee required due to a change in the project.  Additionally, until July 1, 2015, the fee for minor modification of a permit issued pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C., before (effective date) shall continue to be the applicable fee that existed in rule 40C-1.603 on February 10, 2010, unless the permittee elects review in accordance with the rules adopted pursuant to section 373.4131, F.S.  Beginning July 1, 2015, the fee for minor modification of any permit issued pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C., shall be the fee for the equivalent modification that would be authorized under Rule 62-330.315 or Chapter 62-342, F.A.C.

(14)(11) Permit applications under Chapter 62-4, 62-312, 40C-4, 40C-40, 40C-42, or 40C-44, F.A.C., submitted and made complete prior to the effective date of the rules adopted pursuant to Section 373.4131 373.414(9), F.S., shall be required to submit the permit application fees in existence prior to effective date 4-12-95, unless the applicant elects review in accordance with the rules adopted pursuant to Section 373.4131.

(15)(12) No change.

(13) For individual, conceptual, and standard environmental resource permit, environmental resource stormwater permit, and mitigation bank permit and conceptual approval permit applications that fail to provide five copies of the application package (which package includes the signed application form, construction plan drawings, and other supporting information),  for each missing application package the application fee shall be increased as follows:

(a) Chapter 40C-4, F.A.C., individual and conceptual environmental resource permits, and mitigation bank permits and conceptual approval permits                                                                                                                              $220

(b) Chapter 40C-40, F.A.C., standard environmental resource permits                            $110

(c) Chapter 40C-42, F.A.C., permits                                                                                                                              $110

However, this additional fee shall not apply when the application package is received electronically via the District’s E-Permitting website at www.sjrwmd.com.

(16)(14) No change.

(17)(15) Verification that an activity is exempt from regulation:

(a) Uunder rules 62-330.050 and 62-330.051, F.A.C. Part IV of Chapter

373 or Section 403.813, F.S.$100

(b) Under rule 62-330.0511, F.A.C.$0

(16) and (17) renumber as (18) and (19) No change.

(20) No fee shall be charged for applications for Chapter 62-330, F.A.C., permits by the following branches of the U.S. Department of Defense: U.S. Army, Navy, Air Force, Coast Guard, and National Guard.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.109, 373.113, 373.421(2) FS. Law Implemented 218.075, 373.109, 373.4131, 373.421(2) FS. History–New 10-1-87, Amended 6-1-88, 10-17-88, Formerly 40C-1.202, Amended 8-1-89, 10-19-89, 8-19-90, 7-21-91, 7-23-91, 8-11-91, 9-25-91, 11-12-91, 10-20-92, 11-30-92, 1-6-93, 12-6-93, 1-23-94, 4-12-95, 1-4-96, 4-25-96, 10-2-96, 10-11-01, 4-10-02, 11-11-03, 2-1-05, 2-16-10,                 .

 

40C-1.608 Denial of a License or Permit.

(1)The District shall set forth in writing the reasons for denial of the license or permit application. For applications for environmental resource permits, the District will also explain, in general terms, what changes in the permit application, if any, would address such reasons for denial. Such changes shall not be limited to those modifications as described in subsection 10.2.1 12.2.1 of the Applicant’s Handbook Volume I (General and Environmental): Management and Storage of Surface Waters, which is incorporated adopted by reference in Rule 40C-41.063(6)(d)4.4.091, F.A.C.

(2) through (4) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.219, 373.308, 373.413,  373.4131, 373.4136, 373.416, 373.426 FS. History–New 8-1-89, Amended 10-3-95, 8-4-98,_________.

 

40C-1.612 Transfer of Ownership or Permit.

(1) Transfer of Permitted Facility. Within 30 days of any sale, conveyance, or other transfer of a facility, system solely authorized under Chapter 40C-44, F.A.C., or well permitted by the District, the existing permittee must notify the District, in writing, of such transfer, giving the name and address of the transferee and providing a copy of the instrument effectuating the transfer.

(1)(2) Transfer of Ownership or Control Interest in Real Property. Within 30 days of any transfer of ownership or control of the real property at which any permitted facility, system or activity solely authorized under rule 62-330.020(2)(i), F.A.C., and section 1.2.3 of the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District,” which is incorporated by reference in rule 40C-4.091(1)(a), F.A.C., for a permit under Chapter 40C-44, F.A.C. (hereafter referred to as a “40C-44 system or activity”), or consumptive use, or activity is located or authorized, or transfer of ownership or control of any such facility, system, activity, or well with a permitted consumptive use, the permittee must notify the District, in writing, of the transfer, giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer.

(2)(3) Transfer of Permit.

(a)  Transfer without Conversion to Operation Phase.  To transfer a permit, the permittee must provide the information required in subsections (1) above and (2), together with a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit unless the transfer is associated with the conversion of the construction permit to its operation phase and the maintenance entity exists as approved by the permit. A request for conversion of a permit from a construction permit to an operation phase permit must comply with Rule 40C-42.028, F.A.C. Additionally, where applicable, the proposed transferee must demonstrate that it is capable of constructing, operating, and maintaining the permitted facility, 40C-44 system or activity, consumptive use, or well or activity. Once the required information has been provided, the District shall transfer the permit to the proposed transferee in accordance with paragraph subsection (5)(a)(6) below.  A permit issued pursuant to Chapters 62-330 or 62-342, F.A.C., other than a permit for a 40C-44 system or activity, shall not be subject to this rule.

(b)  Transfer with Conversion to Operation Phase.  To transfer a construction permit for a 40C-44 system or activity to its operation phase, a written statement from the proposed transferee is not required when the permit transfer would be to the operation and maintenance entity approved by the permit.  Otherwise, all remaining requirements in paragraph (2)(a) above apply to a request under paragraph (2)(b).  Once the required information has been provided, the District shall convert the permit to its operation phase and transfer the permit to the proposed transferee in accordance with paragraph (5)(b) below.

(c)  Transfer of an Operating Permit for Entire 40C-44 System or Activity.  Except as otherwise provided in sections 373.426 and 373.429, F.S., when a permittee notifies the District in writing within 30 days of a change in ownership or control of an entire 40C-44 system or activity covered by a 40C-44 operating permit, the District shall transfer that operating permit to the new owner or person in control.  If the permittee fails to notify the District in writing within 30 days of the change in ownership or control or if a transfer of ownership or control does not include the entire permitted 40C-44 system or activity, then the transfer shall be governed by paragraphs (2)(a) and (5)(a). 

(3)(4) The permittee is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, 40C-44 system or activity, or consumptive use, or activity is located or authorized. However, the permit transfer shall not be effective prior to the sale or legal transfer.

(4)(5) Until the permit this transfer has occurred, the permittee and any other person constructing, operating, or maintaining the permitted facility or system shall be liable for compliance with the terms of the permit. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations occurring prior to the sale or legal transfer of the permit facility.

(5)(6) Timeframes for Transfers.

(a) Transfer without Conversion to Operation Phase. Except for those transfers associated with the conversion of a construction permit for a 40C-44 system or activity to its operation phase (which are addressed in paragraph (5)(b) below), the District shall transfer a permit within forty-five (45) days of receiving a complete request for transfer pursuant to subsections (1) and paragraph (2)(a) through (3) above. However, the District may toll the time for the transfer by notifying both the permittee and the transferee, within thirty (30) days of receipt of the request, that additional information is required to adequately review the transfer request pursuant to subsections (1) and paragraph (2)(a) through (3) above, or that deficiencies in the permitted facility, 40C-44 system or activity, consumptive use, or well must be corrected prior to transfer.  Within 30 days of receipt of the additional information that meets the requirements of subsection (1) and paragraph (2)(a) above and of verification of the corrected deficiencies, the District shall transfer the permit.  If the District therafter fails to transfer the permit within 30 days, the transfer shall be deemed approved.  If the permittee fails to provide the requested information within 120 days of receipt of the request for additional information, then the request for transfer shall be subject to administrative denial without prejudice and the provisions of rule 40C-1.1008, F.A.C., shall apply.  This time will resume upon receipt of the additional information. If the District fails to transfer the permit within the forty-five (45) days, the transfer shall be deemed approved.

(b)  Transfer with Conversion to Operation Phase. Within 60 ninety (90) days of receiving a complete request to convert a construction permit for a 40C-44 system or activity to its operation phase and to transfer the permit to the operation and maintenance entity, pursuant to paragraph subsection (2)(b) (3) above, the District shall convert the permit from its construction phase to its operation phase and transfer the permit to its operation and maintenance entity. However, the District may toll the time by notifying the permittee, within 30 days of receipt of the request, that additional information is required to adequately review the request, pursuant to subsections (1) and paragraph (2)(b) through (3) above, or that deficiencies in the permitted facility, system, consumptive use, well or activity, must be corrected prior to conversion and transfer. Within thirty (30) days of receipt of the additional information that meets the requirements of subsection (1) and paragraph (2)(b) above and of verification of the corrected deficiencies, the District shall will convert the construction permit to its operation phase and transfer the permit to the operation and maintenance entity.  If the District thereafter fails to convert or transfer the permit within the thirty (30) days, the conversion and transfer shall be deemed approved.  If the permittee fails to provide the requested information within 120 days of receipt of the request for additional information, then the request for transfer shall be subject to administrative denial without prejudice and the provisions of rule 40C-1.1008, F.A.C., shall apply.

(c) Transfer of an Operating Permit for Entire 40C-44 System or Activity.  Except as otherwise provided in sections 373.426 and 373.429, F.S., the District shall transfer a 40C-44 operating permit for an entire 40C-44 system or activity to the new owner or person in control within 60 days of receiving written notice in accordance with paragraph (2)(c) above.

(6)  For any system or activity authorized by a permit issued pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C., before (effective date), the provisions in subsections (1) through (5) above shall apply except that any references to 40C-44 systems or activities will be replaced with the rule chapter that authorized the permit (40C-4, 40C-40, or 40C-42).

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083, 373.171, 373.309, 373.4131, 373.416, 373.426, 373.429, 373.436 FS. History–New 8-1-89, Amended 10-19-89, 7-20-95, 11-6-95,                                 .

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas Mayton Jr., Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] and Veronika Thiebach, Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 12, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 24, 2012