40D-4.021: Definitions
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise the definitions of General and Individual Environmental Resource Permits. Subsection 373.118(1), Florida Statutes (F.S.), authorizes the District to adopt rules establishing a general permit system for those projects or categories of projects that either singly or cumulatively have a minimal adverse impact on the water resources of the District. Subsection 373.811(4), F.S., authorizes delegation of the powers and duties relative to such general permits to designated staff. However, the statute further requires that when delegating authority to take final action on applications for general permits under Parts II or IV of Chapter 373, F.S., the Governing Board must provide a process for referring any denial of such an application to the Governing Board for final action. District staff is no longer delegated the authority to deny applications for general permits and all such denials must go to the Governing Board for final approval. The proposed ame ndments will reflect this change in the Districts rules.
SUBJECT AREA TO BE ADDRESSED: The definitions of General and Individual Environmental Resource Permits to remove references to the authority of District staff to deny applications for such permits.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.403, 373.413 FS.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651. The District does not discriminate on the basis of disability. Anyone requiring reasonable accommodation should contact Dianne Lee at (352)796-7211, ext. 4658; TDD only: 1(800)231-6103.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40D-4.021 Definitions.
When used in this chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) through (8) No change.
(9) General Permit means a an General Environmental Resource Permit, as described in Chapters 40D-4 and 40D-40, F.A.C that may be issued or denied by District staff.
(10) Individual Permit means an Individual Environmental Resource Permit, as described in Chapter 40D-4, F.A.C., issued by the District Governing Board.
(11) No change.
(12) Noticed General Permit means a an Noticed General Environmental Resource Permit, as described in Chapters 40D-4 and 40D-400, F.A.C that may be issued or denied by District staff.
(13) through (22) No change.
Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171, F.S. Law Implemented 373.403, 373.413, F.S. HistoryReadopted 10-5-74, Formerly 16J-4.02, Amended 10-1-84, 3-1-88, 9-11-88, 10-3-95, 7-23-96, 2-27-02, 9-26-02, 2-19-04,________.
