The purpose and effect will be to repeal these rules.

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-400.021Definitions

40C-400.201Policy and Purpose

40C-400.215General Conditions for All Noticed General Permits

40C-400.417General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks

40C-400.427General Permit for Certain Piers and Associated Structures

40C-400.431General Permit for Installation of Riprap

40C-400.437General Permit for the Installation of Fences

40C-400.439General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings and Bridges of Artificial Waterways

40C-400.443General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation

40C-400.447General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements

40C-400.453General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline

40C-400.455General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters

40C-400.457General Permit for Subaqueous Utility Crossing of Artificial Waterways

40C-400.463General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies

40C-400.467General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies

40C-400.475General Permit for Minor Activities

40C-400.483                            General Permit to the Department to Conduct Minor Activities

40C-400.485General Permit to the Department for Environmental Restoration or Enhancement

40C-400.487General Permit to the Department to Change Operating Schedules for Department Water Control Structures

40C-400.495General Permit to U.S. Forest Service for Minor Works within National Forests

40C-400.500General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems

40C-400.900Forms and Instructions

PURPOSE AND EFFECT: The purpose and effect will be to repeal these rules.

SUMMARY: These rules are being repealed, pursuant to paragraph 373.4131(2)(c), F.S., because the substance of these rules has been superseded by the rules adopted in Chapter 62-330, F.A.C. No hearing will be scheduled because 373.4131(2)(c) provides that these rules can be repealed without further rulemaking under Section 120.54, F.S. Under 373.4131(2)(c) the repeals will become effective upon filing a list of the repealed rules with the Department of State.

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.

Based on an analysis performed by the District and because the substance of the rules being repealed are addressed in Chapter 62-330, F.A.C., the proposed rule repeals are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

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: 373.044, 373.113, 373.4131 FS.

LAW IMPLEMENTED: 373.4131 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Rules Coordinator, 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-400.021 Definitions.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.201 Policy and Purpose.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.083, 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 1-4-96, 12-27-10, Repealed_________.

 

40C-400.215 General Conditions for All Noticed General Permits.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.416, 373.422, 373.426, 373.430 FS. History–New 10-3-95, Amended 1-4-96, Repealed_________.

 

40C-400.417 General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.427 General Permit for Certain Piers and Associated Structures.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.431 General Permit for Installation of Riprap.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.437 General Permit for the Installation of Fences.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.439 General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings and Bridges of Artificial Waterways.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.443 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 5-13-08, Repealed_________.

 

40C-400.447 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements.

Rulemaking Authority 373.044, 373.113, 373.118, 373.414, 373.418 FS. Law Implemented 373.118, 373.413, 373.414, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 1-11-99, 10-11-01, 5-13-08, Repealed_________.

 

40C-400.453 General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.455 General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.457 General Permit for Subaqueous Utility Crossing of Artificial Waterways.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.463 General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.467 General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.475 General Permit for Minor Activities.

Rulemaking Authority 373.044, 373.113, 373.118, 373.414 FS. Law Implemented 373.118, 373.413, 373.414, 373.416, 373.426 FS. History–New 10-3-95, Amended 2-1-05, Repealed_________.

 

40C-400.483 General Permit to the Department to Conduct Minor Activities.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.485 General Permit to the Department for Environmental Restoration or Enhancement.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.487 General Permit to the Department to Change Operating Schedules for Department Water Control Structures.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.416 FS. History–New 10-3-95, Repealed_________.

 

40C-400.495 General Permit to U.S. Forest Service for Minor Works within National Forests.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

 

40C-400.500 General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 1-11-99, 2-1-05, Repealed_________.

 

40C-400.900 Forms and Instructions.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________..

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas I. Mayton, Jr., 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