The purpose of this rulemaking is to eliminate the $91 fee for transferring an Environmental Resource Permit (ERP) upon a change in property ownership, list the updated permit transfer form which is revised to eliminate any reference to a fee, and ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-1.607: Permit Processing Fee
40D-1.659: Forms and Instructions
PURPOSE AND EFFECT: The purpose of this rulemaking is to eliminate the $91 fee for transferring an Environmental Resource Permit (ERP) upon a change in property ownership, list the updated permit transfer form which is revised to eliminate any reference to a fee, and clarify the exemption from fees for ERP applications that are resubmitted after being withdrawn or denied. The effect will be to reduce costs to the public associated with such permit transfers and application resubmittals. This rulemaking is one of the initiatives identified by the District as part of its rule review in response 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: Subsection 40D-1.607(1), F.A.C., is amended to eliminate the fee to process a request to transfer an ERP to a new owner of the property on which the permitted surface water management system is located. Elimination of the fee is proposed as a means to increase compliance with permitting requirements, and will reduce costs to the public. The current fee, while minimal, can be a disincentive to transferring permits and results in compliance actions that are not cost-effective for the District. Amendment to Rule 40D-1.659, F.A.C., will list the Notification and Request for Transfer of ERP form, which is revised to eliminate reference to any required fee. Amendments to subsection (3) of 40D-1.607, F.A.C., will clarify the fee exemption for withdrawn or denied permit applications that are resubmitted within 12 months. Currently, the rule exempts from fee payment a resubmitted application only if it is for the same type of permit and for a substantially similar design. If a larger or more complex project is proposed on resubmittal, no exemption would be available, and the entire fee for a new application would be required. These limitations on fee exemption for resubmitted applications are being eliminated. Amendments will clarify that an application resubmitted within 12 months of withdrawal or denial is exempt from repayment of the application fee without regard to whether it is the same type of application and design. If the resubmitted application requires a larger fee that what was previously paid, only the increase in fee will be required. This allows applicants to redesign their projects as needed and still avail themselves of the fee credit for resubmitted applications.
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: The proposed rule will eliminate the fee for transferring and ERP and reduce fees for certain resubmitted applications and thus will not result in any adverse economic impacts to the economy or businesses 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, 373.113, 373.149, 373.171, 373.337 FS.
LAW IMPLEMENTED: 373.083, 373.109, 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, 373.416, 373.419, 373.421, 373.421(2), 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 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 #2011047)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.607 Permit Processing Fee.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to qualify for a permit with a lower fee or not require a permit. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The District’s permit application processing fees are as follows:

(1) Environmental resource or management and storage of surface waters permit applications.

(a) through (b) No change.

(c) Transfer of Permit to another entity.

(c)(d) Verification that an activity is exempt from regulation under Part IV of Chapter 373, F.S. or Section 403.813, F.S.

(2) No change.

(3) The following types of applications are exempt from the fees identified in subsection (1):

(a) No change.

(b) No change.

(c) RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months, provided the same type of application with a substantially similar design is resubmitted. If the resubmitted application requires a larger fee, only the increased portion of fee will be required.

(d) through (f) No change.

(4) through (5) No change.

(6) Petition for formal determination of wetlands and other surface waters.

(a) No change.

(b) Any resubmittal of a petition for formal determination of wetlands and other surface waters that was denied or withdrawn within the preceding twelve months, provided it is substantially similar to the denied or withdrawn petition, is exempt from the fees identified in paragraph (a). If the resubmitted petition requires a larger fee, only the increased portion of fee will be required.

(7) through (12) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2) FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00, 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08, 12-30-08, 12-7-09, 6-30-10, 9-5-10,________.

 

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

(a) through (i) No change.

(j) NOTIFICATION AND REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT, FORM NO. LEG-R.043.01 (9/11) LEG-R.043.00 (4/09), incorporated by reference in paragraph 40D-4.351(1)(a), F.A.C.

(k) through (m) No change.

(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, 373.416, 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,________.

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