The purpose and effect of these amendments to the District’s procedural rules is to make clear that environmental resource permits (ERPs) and other authorizations issued pursuant to the Statewide Environmental Resource Permit Rules, Chapter 62-330, ...  

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    WATER MANAGEMENT DISTRICTS

    Southwest Florida Water Management District

    RULE NOS.:RULE TITLES:

    40D-1.002Delegation of Authority

    40D-1.1021Emergency Authorizations for Activities Regulated Under Part IV of Chapter 373, F.S.

    40D-1.602Permits Required

    40D-1.603Permit Application Procedures

    40D-1.6051Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications

    40D-1.6105Limiting Conditions

    40D-1.659Forms and Instructions

    PURPOSE AND EFFECT: The purpose and effect of these amendments to the District’s procedural rules is to make clear that environmental resource permits (ERPs) and other authorizations issued pursuant to the Statewide Environmental Resource Permit Rules, Chapter 62-330, F.A.C., are processed in accordance with those rules, and that the various provisions of Chapter 40D-1, F.A.C., that address ERPs and related authorizations are applicable only to permits and authorizations issued prior to October 1, 2013, or grandfathered projects.

    SUMMARY: The Statewide Environmental Resource Permitting (SWERP) rules required pursuant to Section 373.4131, F.S., have been adopted by the Department of Environmental Protection (DEP) and are implemented by DEP and the state’s five water management districts. These rules are set forth in Chapter 62-330, F.A.C., and the related Environmental Resource Permit (ERP) Applicant’s Handbook Volumes I and II. The SWERP rules contain specific provisions for the processing of permit applications, requests for determination of qualification for exemption, notices of intent to use a general permit and other related authorizations and regulatory determinations. District Rule Chapter 40D-1, F.A.C., contains the District’s procedural rules which include procedures for accepting and reviewing all permit applications, notices and exemption requests and other authorizations and for issuing permits, authorizations and agency determinations concerning all regulatory programs administered by the District. Certain provisions of Chapter 40D-1, F.A.C., relating to ERP actions are now superseded by the administrative and processing provisions set forth in the SWERP rules, except for grandfathered permits and projects as defined in Section 373.4131(4), F.S. Amendments are proposed to make clear that the District’s ERP processing provisions set forth in Chapter 40D-1, F.A.C., are reserved for grandfathered ERPs and projects, and do not apply to permit applications and other regulatory authorizations and determinations administered pursuant to the SWERP rules. Some additional correcting amendments are also being proposed at this time.

    Specifically, Rule 40D-1.002(1), F.A.C., is amended to clarify that delegation to District staff to act on applications to use state-owned lands is applicable to SWERP and grandfathered ERPs. Rule 40D-1.1021, F.A.C., is entirely superseded by the SWERP rules and is repealed. Rule 40D-1.602(3), F.A.C., is amended to state that a permit issued under Chapter 62-330, F.A.C., or if grandfathered activity, then under 40D-4 or 40D-40, F.A.C., is required prior to undertaking activities regulated under Part IV of Chapter 373, F.S. Rule 40D-1.603, F.A.C., is amended to state that authorizations issued pursuant to Chapter 62-330, F.A.C., will be processed under those rules and to eliminate eminent domain noticing, which is not done by any other water management district. Corrections to the format specified for notices of District receipt of applications are also made. Rule 40D-1.6051, F.A.C., is amended to clarify that the timeframes for processing applications set forth in the rule do not apply to SWERP applications and notices. Rules 40D-1.6105 and 1.659, F.A.C., are amended to specify that District ERP-related forms are only for use with grandfathered projects.

    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 Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.

    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, 373.103, 373.113, 373.118, 373.149, 373.171, 373.219, 373.309, 373.337, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.418 FS.

    LAW IMPLEMENTED: 120.54(5), 120.60, 120.60(4), 253.002, 373.079(4)(a), 373.083, 373.084, 373.085, 373.103, 373.106, 373.116, 373.118, 373.119, 373.149, 373.171, 373.175, 373.206, 373.207, 373.209, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.2295, 373.239, 373.246, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.416, 373.418, 373.419, 373.421, 373.426, 373.427, 373.705, 373.707, 668.50 FS.

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

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: SWFWMD Human Resources Director, (352)796-7211, ext. 4702; 1(800)423-1476 (FL only), ext. 4702; or to ADACoordinator@swfwmd.state.fl.us.. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha Moore, SWFWMD, 7601 Highway 301 North, Tampa, FL; 33637-6759, (813) 985-7481 (4660) OGC# 2014031

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    40D-1.002 Delegation of Authority.

    (1) 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 state-owned lands. Rule 18-21.0051, F.A.C., also provides that the Governing Board may delegate review and decision making authority to District staff. Therefore, the Governing Board further delegates this authority to the Executive Director, the Assistant Executive Director, the Division Director for Regulation, and the Environmental Resource Permit Bureau Chief, or the Regulation Managers, when an application to use state-owned lands involves an activity which is reviewed pursuant to the individual and general permit procedures of Chapter 62-330, F.A.C., and Chapters 40D-4 and 40D-40 for environmental resource permits grandfathered pursuant to Sections 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), or (16), F.S.

    (2) No change.

    Rulemaking Authority 373.044, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309 FS. Law Implemented 253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308, 373.309, 373.427 FS. History–New 3-1-84, Amended 3-10-96, 7-22-99, 12-2-99, 9-26-02, 7-20-04, 10-19-05, 5-21-06, 7-13-06, 12-24-07, 5-12-08, 12-7-09, 7-22-10, 12-7-10, 12-4-11, 6-29-14,_________.

     

    40D-1.1021 Emergency Authorizations for Activities Regulated Under Part IV of Chapter 373, F.S.

    Rulemaking Authority 120.54(5), 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 120.54(5), 120.569(2)(n), 373.083, 373.083(5), 373.119, 373.413, 373.416, 373.426, 373.439 FS. History–Readopted 10-5-74, Amended 10-24-76, Formerly 16J-4.16, Amended 10-1-84, Formerly 40D-4.451, Amended 7-2-98, 6-17-99, 4-12-10, Repealed_________.

     

    40D-1.602 Permits Required.

    Unless expressly exempt by law or District rule, or authorized pursuant to Section 403.814(12), F.S., the following permits shall be obtained from the District prior to commencement of the following activities:

    (1) No change.

    (2) No change.

    (3) An A surface water, individual, or general, or noticed general permit under Chapter 62-330, F.A.C., for activities occuring as of October 1, 2013, or a permit under Chapter 40D-4 or , 40D-40 or 40D-400, F.A.C.,  for activity grandfathered under the provisions of Sections 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), or (16), F.S., must be obtained prior to construction, alteration, abandonment, operation, or removal, of any surface water or stormwater management system, dam, impoundment, reservoir, appurtenant work or works, including dredging or filling, as prescribed by Chapter 62-330, F.A.C., or District rules. An individual permit is required for the establishment and operation of mitigation banks.

    (4) A conceptual environmental resource permit may be obtained for proposed surface water management systems or mitigation banks. However, a conceptual permit does not authorize construction or operation. A conceptual mitigation bank permit can be utilized to estimate the legal and financial requirements for the mitigation bank, information required for evaluation of the mitigation bank permit application, and potential mitigation credits that would be awarded to the specific project proposal.

    (4)(5) A proprietary authorization is required by Chapters 253 and 258, F.S., for activities which are located on state-owned lands. Such authorization shall be reviewed by the District for activities which also require an environmental resource permit (ERP) or exemption under Chapters 62-330, 40D-4, or 40D-40, and 40D-400, F.A.C., or a permit under Sections 373.414(11)-(16), F.S., under Section 373.427, F.S., Chapters 18-20 and 18-21, and Rules 62-312.065 and 62-343.075, F.A.C.

    Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.4136, 373.414, 373.418 FS. Law Implemented 373.106, 373.118, 373.171, 373.216, 373.219, 373.308, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426, 380.06(9) FS. History–New 10-1-84, Amended 12-22-94, 10-16-96, 2-14-00, 9-26-02, 6-5-05, 6-29-14,_________.

     

    40D-1.603 Permit Application Procedures.

    (1) Applications for environmental resource permits, notices, requests for verification of exemption, petitions for formal determinations of wetland and other surface waters and other determinations requested under Chapter 62-330, F.A.C., shall be processed in accordance with Chapter 62-330, F.A.C., and Environmental Resource Permit Applicant’s Handbook Volumes I and II, and not in accordance with this rule. For all other applications, a A permit application shall be:

    (a) Filed with the District on the appropriate form or forms incorporated by reference in the applicable rule, with all application blanks filled in and containing signatures as required for each form;

    (b) Accompanied by the required number of copies at the time of submittal, as specified in the appropriate rule; and

    (c) Accompanied by the appropriate fee as set forth in Rule 40D-1.607, F.A.C.

    (d) Any requirement to submit multiple copies of an application shall not apply when the complete application package is submitted electronically through the District's electronic permitting process.

    (2) No later than 30 days after submittal of an initial application or an application for modification of an individual surface water management permit, an individual ERP or an initial application or application for renewal or modification of an individual WUP for annual average quantities of 500,000 gpd or greater pursuant to Chapter 40D-2, F.A.C., the applicant shall publish at the applicant’s expense a notice of the District’s receipt of the application in a newspaper having general circulation as defined in Chapter 50, F.S., in the county or counties in which the activity is proposed. No later than 30 days after receipt of an application for an initial or modification of a general surface water management permit or ERP pursuant to Chapter 40D-40, F.A.C., or a noticed general ERP pursuant to Chapter 40D-400, F.A.C., or for an initial application or application for renewal or modification of an individual WUP for annual average quantities of less than 500,000 gpd pursuant to Chapter 40D-2, F.A.C., the District shall post notice thereof on the District’s website at www.watermatters.org. In the event that after the posting of notice of an application for an individual WUP for annual average quantities of less than 500,000 gpd is modified to 500,000 gpd or greater, notice of the application shall be published by the applicant in a newspaper as provided herein.

    (3) through (8) No change.

    (9) In addition to, and concurrent with the noticing required pursuant to subsection (2), when the applicant is an entity with the power of eminent domain that does not have current ownership or control of the entire project area described in the application, the applicant shall provide the property owner(s) identified in the application:

    (a) With a written notice of receipt of the application in accordance with subsection (2); and

    (b) With a written notice of the intended agency action on the application. The owners of property, not owned by the applicant, identified in the application shall be those identified in the County Property Appraiser’s records within 30 days prior to the filing of the application.

    (9)(10) Applicants who seek to renew a permit must submit a timely and sufficient application for renewal in order to avoid expiration of the permit. An application for renewal shall be considered timely only if it is received by the District no later than the expiration date of the existing permit. Mailing the application does not constitute receipt by the District. If the permit’s expiration date falls on a weekend or recognized holiday, the application for renewal must be received by the District on the next business day after the weekend or holiday. When timely and sufficient application for renewal is made, the existing permit shall not expire until the application for renewal has been finally acted upon by the District, or if the permit is denied or the terms of the permit are limited, until the last day for seeking review of the District action or a later date fixed by order of the reviewing court.

    (10)(11) Published notices of receipt of an application for a surface water management permit or Environmental Resource Permit shall contain information and be in a format substantially as follows:

    Notice is hereby given that the Southwest Florida Water Management District has received [surface water or Environmental Resource] permit application number [application number] from [name and address of applicant]. Application received: [date]. Proposed activity: [specify commercial, industrial, residential or other development]. Project name: [name or description of project]. Project size: [specify acres] Location: Section(s) [specify] Township [specify] East, Range [specify] South, in [specify] County. Outstanding Florida Water: [yes or no]. Aquatic preserve: [yes or no]. The application is available for public inspection Monday through Friday at 7601 U.S. Highway 301 North, Tampa, Florida 33637 or through the “Application & Permit Search Tools” function on the District’s website at www.watermatters.org/permits/ [specify District office and address]. Interested persons may inspect a copy of the application and submit written comments concerning the application. Comments must include the permit application number and be received within 14 days from the date of this notice. If you wish to be notified of intended agency action or an opportunity to request an administrative hearing regarding the application, you must send a written request referencing the permit application number to the Southwest Florida Water Management District, Regulation Bureau, 7601 U.S. Highway 301 North, Tampa, Florida 33637 Regulation Performance Management Department, 2379 Broad Street, Brooksville, FL 34604-6899 or submit your request through the District’s website at www.watermatters.org. The District does not discriminate based on disability. Anyone requiring accommodation under the ADA should contact the Regulation Bureau Performance Management Department at (813)985-7481 (352)796-7211 or 1(800)836-0797 423-1476, TDD only 1(800)231-6103.

    (11)(12) Published notices of receipt of an application for a water use permit shall contain the information included in and substantially conform to the following format:

    Notice is hereby given that the Southwest Florida Water Management District has received an application for a [new or modification of] water use permit application number [application number] from [name and address of applicant] to withdraw water from wells and/or surface waters Application received: [date]. Predominant use type(s): [specify public supply, recreation/aesthetic, commercial, agricultural, mining/dewatering]. Quantity [quantity]. Location: Section(s) [specify] Township [specify] East, Range [specify] South, in [specify] County. The application is available for public inspection Monday through Friday at 7601 U.S. Highway 301 North, Tampa, Florida 33637 or through the “Application & Permit Search Tools” function on the District’s website at www.watermatters.org/permits/. Interested persons may inspect a copy of the application and submit written objections and comments concerning the application within 14 days from the date of this notice. The District does not discriminate based on disability. Anyone requiring accommodation under the ADA should contact the Regulation Bureau at (813)985-7481 or 1(800)836-0797, TDD only 1(800)231-6103.

    (12)(13) No further change.

    Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 120.60(4), 373.116, 373.118, 373.229, 373.413 FS. History–New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, 7-2-98, 7-22-99, 11-8-00, 9-26-02, 12-24-07, 4-7-08, 11-2-08, 9-1-09, 12-11-12, 5-19-14, 6-29-14,_________.

     

    40D-1.6051 Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications.

    (1) Applications for environmental resource permits, notices, requests for verification of exemption, petitions for formal determinations of wetland and other surface waters and other determinations requested under Chapter 62-330, F.A.C., shall be processed in accordance with Chapter 62-330, F.A.C., and Environmental Resource Permit Applicant’s Handbook Volumes I and II, and not in accordance with this rule. For all other applications, wWithin 30 days after receipt of an application, the District shall notify the applicant if the application is incomplete and request the additional information required to make the application complete. The applicant shall have up to 90 days to submit all information requested. If additional information is not supplied within 90 days after notice by the District, the application will be denied for lack of completeness as provided in subsection (2). Within 30 days after receiving all additional information requested from the applicant, the District shall review it and may request only clarifications of the information or request answers to new questions raised or directly related to the information previously furnished. The applicant shall have up to 90 days from issuance of the District’s request for clarifying or additional information to submit the information requested.  If the requested information is not supplied within 90 days after notice by the District, the application will be denied for lack of completeness as provided in subsection (2). If the applicant believes the request of the District for such clarifying or additional information is not authorized by law or rule, upon receipt of the applicant’s written request the District shall deem the application complete and proceed to process the permit application.

    (a) through (c) No change.

    (2) No change.

    Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.4135, 373.4136, 373.414 FS. Law Implemented 120.54(5), 120.60, 373.079(4)(a)1., 373.083(5), 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426 FS. History–New 7-2-98, Formerly 40D-1.1020, Amended 9-1-09, 9-5-10, 12-12-11, 6-29-14,_________.

     

    40D-1.6105 Limiting Conditions.

    (1) No change.

    (2) A permit may be assigned to a subsequent owner subject to all terms and conditions contained in such permit upon notification in writing to the District of such assignment, provided ownership, lease, or other control of all such lands is conveyed to the assignee and further provided that the assignee, by accepting such assignment, does assume responsibility for complying with all such terms and conditions. To assign an environmental resource permit issued prior to October 1, 2013, a subsequent owner must submit a Notification and Request for Transfer of Environmental Resource Permit, Form No. LEG-R.043.00 (4/09), incorporated by reference in subsection 40D-4.351(1), F.A.C. To assign a water use permit, a subsequent owner must submit, or an Application to Transfer a Water Use Permit, Form No. LEG-R.002.04 (9/12), incorporated by reference in subsection 40D-2.351(1), F.A.C., as appropriate, The assignee must also include that includes the signature of the permittee(s) or a copy of the legally recorded deed(s) to all of the land covered by the permit. Copies of these forms may be obtained from the District’s website at www.watermatters.org or from the District offices.

    (3) No change.

    Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.219, 373.413, 373.4135, 373.416 FS. History–Readopted 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly 40D-0.381, Amended 12-16-97, 8-25-02, 10-19-05, 11-25-07, 8-30-09, 11-2-09, 10-14-12,_________.

     

    40D-1.659 Forms and Instructions.

    The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.WaterMatters.org.

    (1) No change.

    (2) SURFACE WATER. The following forms are for use with grandfathered surface water or environmental resource permit applications or permits.  Activities authorized pursuant to Chapter 62-330, F.A.C., shall use the forms incorporated therein.

    (a) JOINT APPLICATION FOR: ENVIRONMENTAL RESOURCE PERMIT/AUTHORIZATION TO USE STATE OWNED SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT, FORM 547.27/ERP (08/11), incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.

    (b) STATEMENT OF COMPLETION AND REQUEST FOR TRANSFER TO OPERATION ENTITY, FORM 547.27/SOC (4/09), incorporated by reference in subparagraph 40D-4.351(2)(a)1., F.A.C.

    (c) PETITION FOR A FORMAL DETERMINATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS, FORM 547.27/FJDS (08/11), incorporated by reference in paragraph 40D-4.042(2)(a), F.A.C.

    (d) NOTICE OF INTENT TO CONSTRUCT A MINOR SILVICULTURAL SURFACE WATER MANAGEMENT SYSTEM PURSUANT TO RULE 40D-400.500, F.A.C., FORM 547.27/NOI (08/11), incorporated by reference in subsection 40D-400.500(3), F.A.C.

    (e) PERMIT APPLICATION FOR SITE CONDITIONS ASSESSMENT, FORM 547.27/SCA (08/11), incorporated by reference in subsection 40D-40.044(1), F.A.C.

    (c)(f) MITIGATION BANK PERFORMANCE BOND TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/PB (4/09), incorporated by reference in paragraph 40D-4.091(6)(a), F.A.C.

    (d)(g) MITIGATION BANK IRREVOCABLE LETTER OF CREDIT TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/ILC (4/09), incorporated by reference in paragraph 40D-4.091(6)(b), F.A.C.

    (e)(h) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/CIFA (4/09), incorporated by reference in paragraph 40D-4.091(6)(c), F.A.C.

    (f)(i) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE PERPETUAL MANAGEMENT FINANCIAL RESPONSIBILITY, FORM MB/PMFA (4/09), incorporated by reference in paragraph 40D-4.091(6)(d), F.A.C.

    (g)(j) NOTIFICATION AND REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT, FORM NO. LEG-R.043.01 (9/11), incorporated by reference in paragraph 40D-4.351(1)(a), F.A.C.

    (h)(k) STATEMENT OF INSPECTION FOR PROPER OPERATION AND MAINTENANCE, FORM NO. LEG-R.044.00 (4/09), incorporated by reference in subsection 40D-4.351(3), F.A.C.

    (l) GENERAL ENVIRONMENTAL RESOURCE PERMIT (ERP) APPLICATION FOR MODIFICATION RELATED TO OUTPARCEL CONSTRUCTION WITHIN PERMITTED PROJECTS, FORM NO. LEG-R.001.03 (11/11), incorporated by reference in subparagraph 40D-4.331(2)(a)2., F.A.C.

    (i)(m) ENVIRONMENTAL RESOURCE PERMIT MODIFICATION SHORT FORM, FORM NO. LEG-R.013.02 (08/11), incorporated by reference in paragraph 40D-4.331(2)(b), F.A.C.

    (n) EMERGENCY FIELD AUTHORIZATION, FORM NO. LEG-R.049.00 (11/09), incorporated by reference in subsection 40D-1.1021(2), F.A.C.

    (3) No change.

    Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented 373.083, 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.4131, 373.416, 373.419, 373.421, 373.705, 373.707, 668.50 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05(1) and (2), 10-19-05(5), 10-19-05(20), 2-6-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09, 1-27-10, 4-12-10, 4-27-10, 9-5-10, 9-12-10, 12-7-10, 1-16-11, 6-16-11, 12-12-11, 12-29-11, 2-9-12, 10-14-12, 2-13-13, 5-19-14, 6-29-14,_________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 30, 2014

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 3, 2014

     

Document Information

Comments Open:
10/13/2014
Summary:
The Statewide Environmental Resource Permitting (SWERP) rules required pursuant to Section 373.4131, F.S., have been adopted by the Department of Environmental Protection (DEP) and are implemented by DEP and the state’s five water management districts. These rules are set forth in Chapter 62-330, F.A.C., and the related Environmental Resource Permit (ERP) Applicant’s Handbook Volumes I and II. The SWERP rules contain specific provisions for the processing of permit applications, requests for ...
Purpose:
The purpose and effect of these amendments to the District’s procedural rules is to make clear that environmental resource permits (ERPs) and other authorizations issued pursuant to the Statewide Environmental Resource Permit Rules, Chapter 62-330, F.A.C., are processed in accordance with those rules, and that the various provisions of Chapter 40D-1, F.A.C., that address ERPs and related authorizations are applicable only to permits and authorizations issued prior to October 1, 2013, or ...
Rulemaking Authority:
120.54(5), 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.219, 373.309, 373.337, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.418, FS.
Law:
120.54(5), 120.60, 120.60(4), 253.002, 373.079(4)(a), 373.083, 373.084, 373.085, 373.103, 373.106, 373.116, 373.118, 373.119, 373.149, 373.171, 373.175, 373.206, 373.207, 373.209, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.2295, 373.239, 373.246, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.416, 373.418, 373.419, 373.421, 373.426, 373.427, 373.705, 373.707, 668.50, FS.
Contact:
Martha Moore, SWFWMD, 7601 Highway 301 North, Tampa, FL; 33637-6759, (813) 985-7481 (4660) OGC# 2014031
Related Rules: (7)
40D-1.002. Delegation of Authority
40D-1.1021. Emergency Authorizations for Activities Regulated Under Part IV of Chapter 373, F.S
40D-1.602. Permits Required
40D-1.603. Permit Application Procedures
40D-1.6051. Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications
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