The purpose and effect is to repeal these rules.

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-40.021Definitions

40D-40.040General Environmental Resource Permits

40D-40.044General Permit for Site Conditions Assessment

40D-40.112Content of Application for General Permits

40D-40.301Conditions for Issuance of General Permits for Minor Surface Water Management Systems

40D-40.302Conditions for Issuance of General Permits

40D-40.321Duration of Permits

40D-40.331Modification of Permits

40D-40.351Transfer of Permits

40D-40.381General Conditions

PURPOSE AND EFFECT: The purpose and effect is to repeal these rules.

SUMMARY: These rules are being repealed, pursuant to paragraph 373.4131(2)(c), F.S., because the substance of these rules has been superseded by the rules adopted in Chapter 62-330, F.A.C. No hearing will be scheduled because 373.4131(2)(c), F.S. provides that these rules can be repealed without further rulemaking under Section 120.54, F.S. Under 373.4131(2)(c), F.S. the repeals will become effective upon filing a list of the repealed rules with the Department of State.

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.

Based on an analysis performed by the District and because the substance of the rules being repealed are addressed in Chapter 62-330, F.A.C., the proposed rule repeals are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

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, 373.4131 FS.

LAW IMPLEMENTED: 373.4131 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chris Tanner, Office of General Counsel, Southwest Florida Water Management District, 7601 Highway 301 North, Tampa, Florida 33637-6759, [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-40.021 Definitions.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.416, 373.419, 403.031(3) FS. History–New 10-1-84, Amended 3-1-88, 8-3-03, Repealed                            .

 

40D-40.040 General Environmental Resource Permits.

Rulemaking Authority 373.044, 373.113, 373.118, 373.421(2) FS. Law Implemented 373.413, 373.414, 373.416, 373.419, 373.427 FS. History–New 10-3-95, Amended 7-23-96, 10-16-96, 7-2-98, 9-26-02, 9-10-08, Repealed              .

 

40D-40.044 General Permit for Site Conditions Assessment.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 7-23-96, Amended 9-26-02, 8-30-09, 12-12-11, Repealed              .

 

40D-40.112 Content of Application for General Permits.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 10-16-96, 9-26-02, 2-19-04, 9-10-08, 8-30-09, Repealed              .

 

40D-40.301 Conditions for Issuance of General Permits for Minor Surface Water Management Systems.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.427 FS. History–New 3-1-88, Amended 10-3-95, 10-16-96, 9-26-02, 2-1-05, 2-26-07, 9-5-10, Repealed                            .

 

40D-40.302 Conditions for Issuance of General Permits.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 5-10-88, 9-13-88, 10-3-95, 7-23-96, 7-16-02, 9-26-02, 8-3-03, 2-19-04, 2-1-05, 11-2-09, 12-12-11, 2-15-12, Repealed                            .

 

40D-40.321 Duration of Permits.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.416, 373.419(2) FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 9-26-02, 8-3-03, Repealed                            .

 

40D-40.331 Modification of Permits.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.416(1), 373.429 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 4-17-97, 9-26-02, 5-12-08, 8-30-09, Repealed                            .

 

40D-40.351 Transfer of Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(2) FS. History–New 10-1-84, Repealed.

 

40D-40.381 General Conditions.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.117, 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 9-26-02, 8-3-03, 2-19-04, 5-4-05, 8-30-09, 11-2-09, Repealed              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Tanner, Southwest Florida Water Management District, 7601 Highway 301 North, Tampa, Florida 33637-6759

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 25, 2015