The purpose and effect of this rulemaking is to allow for the reauthorization and extension of expired Environmental Resource Permits (ERPs) for up to 5 years. This is a rulemaking initiative identified by the District as part of its rule review ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-4.331: Modification of Permits
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to allow for the reauthorization and extension of expired Environmental Resource Permits (ERPs) for up to 5 years. This is a rulemaking initiative identified by the District as part of its rule review pursuant to Executive Order No. 11-72 to reduce unnecessary burdens, eliminate outdated rule language and delete language duplicative of statutes.
SUMMARY: The purpose and effect of this rulemaking is to allow for the reauthorization and extension of expired Environmental Resource Permits (ERPs) for up to 5 years. This is a rulemaking initiative identified by the District as part of its rule review pursuant to Executive Order No. 11-72 to reduce unnecessary burdens, eliminate outdated rule language and delete language duplicative of statutes.
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: 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.044, 373.113, 373.149, 373.171, 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 #2011044)

THE FULL TEXT OF THE PROPOSED RULE IS:

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) through (3) No change.

(4) Application for permit modification to extend the existing permit duration of a construction permit or conceptual permit or to reauthorize and extend the duration of an expired construction or conceptual permit should be made using the “Environmental Resource Permit Modification Short Form.” Such requests shall be submitted no sooner than 180 days prior to the permit expiration date.

(a) A modification seeking extension or reauthorization and extension of a construction permit will be granted if it is reasonably assured by the applicant and determined that the activities conducted during the extension period proposed construction will be in compliance with the District’s rules in effect at the time the application for modification to extend is filed.

(b) A conceptual permit or site conditions assessment permit may be reauthorized or extended if the permit complies with the same criteria as new applications.

(c) Each modification to extend will be granted for a duration as needed, up to five years.

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,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: H. Clark Hull, Environmental Regulation Program Director
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: September 27, 2011