The purpose and effect of this rulemaking is to revise certain District Environmental Resource Permitting application and compliance forms and rule text referencing the forms, to clarify that forms and documents submitted in support of permit ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-4.021: Definitions
40D-4.091: Publications, Forms and Agreements Incorporated by Reference
40D-4.101: Content of Application
40D-4.331: Modification of Permits
40D-4.351: Transfer of Permits
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to revise certain District Environmental Resource Permitting application and compliance forms and rule text referencing the forms, to clarify that forms and documents submitted in support of permit applications and for permit compliance requirements may be submitted by a licensed or registered professional such as a professional engineer, landscape architect, land surveyor or mapper or geologist, when appropriate and in accordance with law. A definition of “licensed or registered professional” is also adopted. The revisions will make the District’s forms consistent with similar Environmental Resource Permit forms adopted by the Department of Environmental Protection (DEP). Amendments to Chapter 40D-1, F.A.C., are also part of this rulemaking package. This rulemaking is one of the initiatives identified by the District as part of its rule review pursuant to Executive Order No. 11-72, to identify rules for amendment or repeal that are unnecessarily burdensome, no longer necessary or duplicative of statutory language.
SUMMARY: The District is revising some of its Environmental Resource Permit application forms and compliance forms to clarify that such forms may be prepared and submitted by licensed or registered professionals in addition to licensed professional engineers, as provided by law. The form changes will make District forms consistent with the DEP and other water management districts which have revised their ERP forms and practices to clarify that documents and permit applications may be prepared by licensed or registered professionals in accordance with law. Amendments are made to the Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Statement of Completion and Request for Transfer to Operation Entity, Statement of Inspection for Proper Operation and Maintenance, Environmental Resource Permit Modification Short Form, and General ERP Application for Modification Related to Outparcel Construction Within Commercial/Industrial Projects, to clarify that such forms may be submitted by a licensed or registered professional as prescribed by law. Amendments are also proposed to the Environmental Resource Permitting Manual Part B, Basis of Review as well as the following rules which identify or discuss these forms and submittal requirements: Rules 40D-4.101, 40D-4.331 and 40D-4.351, F.A.C. Rule 40D-4.091, F.A.C., is amended to incorporate the revised Basis of Review. A definition of “licensed or registered professional,” which has been similarly adopted in rule and is used by DEP, is also added to Rule 40D-4.021, F.A.C. The General ERP Application for Modification Related to Outparcel Construction form is further amended to correct a rule citation as to applicable fee and to make the form usable for other types of projects with outparcels within a permitted system, in addition to commercial and industrial projects. Proposed changes to this form will have cost saving benefits for permittees with systems having outparcels and requiring modifications.
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: Amendments are intended to reduce costs for permittees and applicants and eliminate unnecessary regulatory burdens. Staff analysis has determined that this rulemaking will not result in 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: 373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.042, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413 FS., 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.416(1),(2), 373.429, 373.441 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to [e-mail].. 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: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone] (4660) (OGC #2011045)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-4.021 Definitions.

When used in this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) through (10) No change.

(11) “Licensed or registered professional” means a professional licensed or registered by and in the State of Florida and who possesses the expertise and experience necessary for the competent preparation, submittal and certification of documents and materials, and performing other services required in support of permitting, constructing, altering, inspecting, and operating a proposed or existing activity regulated under Part IV of Chapter 373, F.S. Examples of licensed or registered professionals, authorized pursuant to Chapter 455, F.S., and the respective practice acts by which they are regulated, are professional engineers licensed under Chapter 471, F.S., professional landscape architects licensed under Chapter 481, F.S., professional surveyors and mappers licensed under Chapter 472, F.S., and professional geologists licensed under Chapter 492, F.S.

(11) through (22) renumbered (12) through (23) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.403, 373.413 FS. History–Readopted 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, 2-6-07, 1-8-08, 9-29-08, 11-2-09, 8-1-10,_________.

 

40D-4.091 Publications, Forms and Agreements Incorporated by Reference.

The following documents are hereby incorporated by reference and are applicable to this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District,__________December 8, 2010. This document is available from the District’s website at: www.WwaterMmatters.org or from the District upon request.

Rulemaking Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-22-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08, 5-12-09, 5-17-09, 8-30-09, 11-2-09, 11-3-09, 12-9-09, 9-5-10, 12-8-10,________.

 

40D-4.101 Content of Application.

(1) Applications for Environmental Resource Permits required by this chapter shall be filed with the District in accordance with the requirements of this chapter and Chapter 40D-1, F.A.C. The application shall consist of all of the following:

(a) The information required in Section 373.413(2), F.S.

(b) One original and two Five copies [change pending in other rulemaking] of the Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Form No. 547.27/ERP (9/11) (6/10), incorporated herein by reference, with applicable supplements, sections A through K, copies of which can be obtained from the District’s website at www.watermatters.org or from the District offices.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.413 FS. History–Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 12-16-97, 2-27-03, 9-10-08, 8-30-09, 9-5-10,________.

 

40D-4.331 Modification of Permits.

An application for modification of an Environmental Resource Permit shall be processed in accordance with this rule, unless the permit is revoked or expired.

(1) No change.

(2) Applications to modify a construction permit shall be made by formal or Short Form modification:

(a) Formal modifications.

1. No change.

2. A request for modification involving construction within an outparcel of a permitted project commercial or industrial development should be made using the General Environmental Resource Permit (ERP) Application for Modification Related to Outparcel Construction Within Permitted Commercial/Industrial Projects, Form No. LEG-R.001.03 (9/11) LEG-R.001.01 (4/09), incorporated herein by reference. A copy of the form can be obtained from the District’s website at www.watermatters.org or from the District offices.

3. No change.

(b) Except for projects identified in paragraph (2)(a), applications to modify a permit may be made by submittal of an “Environmental Resource Permit Modification Short Form”, Form No. LEG-R.013.03 (9/11) LEG-R.013.01 (4/09) incorporated herein by reference, a copy of which can be obtained from the District’s website at www.WwaterMmatters.org or from District offices, provided the requested modification does not:

1. Substantially alter the permit authorization,

2. Increase the authorized off-site discharge,

3. Impact the environmental features of the project,

4. Decrease the required retention/detention,

5. Decrease the required flood control elevations for roads or buildings, or

6. Decrease pollution removal efficiency.

(3) through (4) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.413, 373.416(1), 373.429 FS. History–Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 3-1-88, 10-1-88, 6-29-93, 10-3-95, 7-23-96, 2-1-05, 2-6-07, 12-24-07, 1-8-08, 5-12-08, 8-30-09,_________.

 

40D-4.351 Transfer of Permits.

(1) No change.

(2) Conversion to Operation Phase.

(a) In order to convert an Environmental Resource Permit from the construction phase to the operational phase, the permittee shall submit the following:

1. A completed Statement of Completion and Request for Transfer to Operation Entity, Form 547.27/SOC (9/11) (4/09), incorporated herein by reference, copies of which can be obtained from the District website at: www.WwaterMmatters.org or from the District offices; and

2. Documentary evidence of satisfaction of permit conditions, other than long-term monitoring.

(b) through (d) No change.

(3) Operation Phase Inspection Requirements. Permittees required to conduct and report on periodic inspection of the permitted system shall submit a Statement of Inspection for Proper Operation and Maintenance, Form No. LEG-R.044.01 (9/11) LEG-R.044.00 (4/09), incorporated herein by reference. Copies of the form can be obtained from the District’s website at: www.WwaterMmatters.org or District offices.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(2), 403.805 FS. History–New 10-1-84, Amended 6-29-93, 10-3-95, 7-22-03, 2-1-05, 5-4-05, 12-24-07, 8-30-09, ________.

 

Environmental Resource Permitting Information Manual

Part B, Basis of Review

1.2.1 Application Forms.

Applicants for Environmental Resource Permits shall fill out the form entitled, “Joint Application for Environmental Resource Permit and Authorization to Use State Owned Submerged Lands” and Federal Dredge and Fill Permit.

Engineered systems are required to have plans and calculations signed and sealed by a Florida Professional Engineer in accordance with Chapter 471, Florida Statutes.

For permit application documents that require the services of a licensed or registered professional, such as a licensed professional engineer, registered landscape architect, licensed professional geologist or licensed professional surveyor or mapper, any plans, calculations or other documents prepared and submitted by such licensed or registered professional must be signed and sealed in accordance with applicable law.

1.5 Compliance with Laws.

Activities discussed herein must be conducted in accordance with all other applicable laws. Of specific note are those activities covered by laws as follows, including but not limited to:

a. Section 404, Federal Water Pollution Control Act, – U.S. Army Corps of Engineers – fill

b. Chapters 455, 471, 472, 481 and 492, F.S. – Florida laws relating to professional regulation and placement of professional engineer seal and signature on all professionally produced engineering plans and documents (subject to the exemptions of the applicable Chapter).

2.6.3 Future Operation and Maintenance.

The operation and maintenance entity is required to provide for the inspection of the surface water management system by a Florida licensed registered pProfessional eEngineer or other licensed or registered professional to assure that the system is properly operated and maintained. Inspection schedules will be specifically stated in the permit. For those systems utilizing effluent filtration or exfiltration, the inspections shall be performed 18 months after operation is authorized and every 18 months thereafter. A written report of the findings finds of the inspection shall be submitted on the Statement of Inspection for Proper Operation and Maintenance, Form No. LEG-R.044.01 (9/11) LEG-R.044.00 (4/09), incorporated by reference in subsection 40D-4.351(3), F.A.C., and filed with the District within thirty (30) days of the date of the inspection. The permit shall be subject to additional reasonable conditions as are necessary, including performance bonds, to ensure future operation and maintenance of the surface water management system.

Amended 8-30-09,________.

2.7 Statement of Completion.

When a system permitted by the District is constructed, a Florida licensed registered pProfessional eEngineer or other licensed or registered professional or person under their responsible supervision, direction or control must be on the construction site as needed to certify that the system was constructed as permitted. The owner, authorized agent or licensed or registered professional engineer must certify that the system was constructed as permitted and, if applicable, in compliance with Rule 40D-40.301, F.A.C., prior to issuance of the operation authorization or any transfer of operation and maintenance responsibility utilizing the Statement of Completion and Request for Transfer to Operation Entity form identified and adopted by reference in Rule 40D-4.351, F.A.C. Amended 8-30-09,_______.

2.8.4

a. A complete construction surface water management plan for the project must be submitted with the permit application or prior to beginning construction.

1. through 2. No change.

b. The completed plan shall be signed by the applicant/owner or authorized agent and signed and sealed by a licensed or registered professional in accordance with law the design engineer. The plan shall be part of the final construction plans for the permitted surface water management systems.

APPENDICES

1. Statement of Inspection for Proper Operation and Maintenance. Form No. LEG-R.044.01 (9/11) LEG-R.044.00 (4/09) Rule 40D-4.351(3), F.A.C.

NAME OF PERSON ORIGINATING PROPOSED RULE: H. Clark Hull, Environmental Regulation Program Manager
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 27, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 7, 2011