The purpose of this rulemaking is to allow the completed phase of a construction project authorized pursuant to an Environmental Resource Permit (ERP) to be transferred to the operation phase prior to completion of the entire project. The effect of ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-4.331: Modification of Permits
40D-4.351: Transfer of Permits
40D-4.381: General Conditions
PURPOSE AND EFFECT: The purpose of this rulemaking is to allow the completed phase of a construction project authorized pursuant to an Environmental Resource Permit (ERP) to be transferred to the operation phase prior to completion of the entire project. The effect of the rule revisions will be to enable a permittee to transfer completed sections of a project to the operation phase and to the operation and maintenance entity while allowing the originally issued ERP authorizing construction to remain active until completion of the entire project.
SUMMARY: Existing ERP rules provide that upon completion of the permitted construction project, the ERP shall be transferred to the operation phase and to the entity that will be responsible for the operation and maintenance of the permitted surface water management system. The proposed rule amendments will establish a procedure whereby independently functioning portions of a completed surface water management system may be transferred to the operation phase and to the operation and maintenance entity while the originally-issued permit stays active to allow continued construction of remaining phases or portions of the permitted project. Rule 40D-4.331, F.A.C., is amended to provide that a request to transfer an independently functioning portion of a permitted system to operation phase shall be made by formal application for modification of the construction permit, to identify the constructed phase separate from the remaining portions of the project still under construction. Rule 40D-4.351, F.A.C., is amended to provide that a request to transfer a portion of a constructed system to operation phase shall include a demonstration that the constructed portion to be transferred functions independently in compliance with applicable permitting conditions. The standard ERP conditions set forth in Rule 40D-4.381, F.A.C., are amended to specify the minimum construction activities that must be completed before any portion of the system can be transferred to the operation and maintenance entity.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.042, 373.403, 373.409, 373.413, 373.414, 373.416, 373.426, 373.429, 403.805 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

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, suspended or expired.

(1) No change.

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

(a) Formal modifications

1. Except for those projects meeting the criteria for letter modifications in paragraph (b), an alteration of the design of the surface water management system shall be reviewed in accordance with the same criteria as new applications pursuant to Rules 40D-4.101, 40D-4.301 and 40D-4.302, F.A.C.

2. A request for modification involving construction within an outparcel of a permitted commercial or industrial development should be made using District Form No. LEG-R.001.00(2/05), adopted by reference in Rule 40D-1.659, F.A.C.

3. A request to transfer an independently functioning portion of a permitted system to operation phase shall include an application for formal modification of the construction permit to identify the constructed phase separate from the remaining unconstructed project.

By formal application and review using the same criteria as new applications, pursuant to Rules 40D-4.101, 40D-4.301, and 40D-4.302, F.A.C., unless the proposed modification involves an outparcel construction within a permitted commercial project. A request for modification involving construction within an outparcel of a permitted commercial or industrial development should be made using the form “General Environmental Resource Permit Application for Modification Related to Outparcel Construction Within Permitted Commercial Projects", adopted by reference in Rule 40D-1.659, F.A.C.

(b) Except for projects identified in paragraph (2)(a), applications to modify a permit may be made bBy letter, provided the requested modification does not:

1. through 7. No change.

(3) through (4) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.413, 373.416(1), 373.429, 403.805 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,_________.

 

40D-4.351 Transfer of Permits.

(1) No change

(2) Conversion to Operation Phase.

(a) through (c) No change.

(d) A request to transfer a portion of a permitted system to operation phase shall include a demonstration by the applicant that the constructed portion of the system is capable of functioning independently in compliance with all conditions for permit issuance. Such a request shall be accompanied by a formal application to modify the existing construction permit to identify the constructed phase separate from the remaining unconstructed project. The 45 day time period allowed to convert a construction permit to operation phase shall not commence until the formal modification of the construction permit is issued.

Specific 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,________.

 

40D-4.381 General Conditions.

(1) The following general conditions shall be a part of all permits issued pursuant to this chapter and Chapter 40D-40, F.A.C.

(a) through (g) No change.

(h) The permittee shall complete, at a minimum, construction of all aspects of the surface water management system, including wetland compensation for impacts to wetlands or other surface waters (grading, mulching, planting), compensation for floodplain encroachment or loss of historic basin storage, water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system and prior to transfer of responsibility for operation and maintenance of the system to a local government or other responsible entity.

(i) through (k) No change.

(l) Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to conversion to operation phase and the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity.

(m) through (n) No change.

(o) The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the conditions in subsection (1) above, the District in accordance with subsections 2.6 through 2.6.3 of the Basis of Review, adopted by reference in Rule 40D-4.091, F.A.C., determines the system to be in compliance with the permitted plans, and the entity approved by the District accepts responsibility for operation and maintenance of the system. The permit shall may not be transferred to the operation and maintenance entity approved by the District until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible operation and maintenance entity approved by the District, if different from the permittee. Until the permit is transferred pursuant to subsection 2.6.1 of the Basis of Review, adopted by reference in Rule 40D-4.091, F.A.C., the permittee shall be liable for compliance with the terms of the permit.

(p) through (x) No change.

(2) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.042, 373.403, 373.409, 373.413, 373.414, 373.416, 373.426 FS. History–Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(7), 16J-4.11, 16J-4.10(3), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 10-11-01, 2-19-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 5, 2007