The purpose and effect is to repeal these rules.

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-400.021Definitions

40D-400.205Processing Procedures for Noticed General Permits Under Chapter 40D-400, F.A.C.

40D-400.215General Conditions for All Noticed General Permits

40D-400.417General Permit for Installation, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks

40D-400.427General Permit for Certain Piers and Associated Structures

40D-400.431General Permit for Installation of Riprap

40D-400.437General Permit for the Installation of Fences

40D-400.439General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings and Bridges of Artificial Waterways

40D-400.443General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation

40D-400.447General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements

40D-400.453General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline

40D-400.455General Permit for the Construction of Aerial Pipeline, Cable, or Conduit Crossings of Certain Waters

40D-400.457General Permit for Subaqueous Utility Crossings of Artificial Waterways

40D-400.463General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies

40D-400.467General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies

40D-400.475General Permit for Minor Activities

40D-400.483General Permit to the Department to Conduct Minor Activities

40D-400.485General Permit to the Department for Environmental Restoration or Enhancement

40D-400.487General Permit to the Department to Change Operating Schedules for Department Water Control Structures

40D-400.491Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone

40D-400.492Noticed General Permit for Prospecting

40D-400.495General Permit to U.S. Forest Service for Minor Works within National Forests

40D-400.500General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems

40D-400.550General Permit for Construction, Operation and Maintenance of Nonproduction-related Agricultural Facilities

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] (OGC# 2015033)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-400.021 Definitions.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Amended 2-19-04, Repealed              .

 

40D-400.205 Processing Procedures for Noticed General Permits Under Chapter 40D-400, F.A.C.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.414 FS. Law Implemented 120.54(5), 373.118, 373.413, 373.414, 373.416, 373.426 FS. History–New 10-3-95, Amended 12-23-97, Formerly 40D-400.211, Amended 7-2-98, 11-2-08, Formerly 40D-1.1024, 40D-1.6052, Repealed              .

 

40D-400.215 General Conditions for All Noticed General Permits.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419, 373.429 FS. History–New 10-3-95, Amended 7-2-98, Repealed              .

 

40D-400.417 General Permit for Installation, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks.

Rulemaking Authority 373.026, 373.043, 373.044, 373.046, 373.118, 373.406 FS. Law Implemented 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.416, 373.417, 373.418, 373.419, 373.422, 373.423, 373.426 FS. History–New 10-3-95, Repealed              .

 

40D-400.427 General Permit for Certain Piers and Associated Structures.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Repealed.

 

40D-400.431 General Permit for Installation of Riprap.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Repealed.

 

40D-400.437 General Permit for the Installation of Fences.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Amended 2-19-04, Repealed              .

 

40D-400.439 General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings and Bridges of Artificial Waterways.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Amended 2-19-04, Repealed              .

 

40D-400.443 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 2-19-04, 9-25-07, Repealed              .

 

40D-400.447 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 9-25-07, Repealed.

 

40D-400.453 General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Repealed.

 

40D-400.455 General Permit for the Construction of Aerial Pipeline, Cable, or Conduit Crossings of Certain Waters.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Repealed.

 

40D-400.457 General Permit for Subaqueous Utility Crossings of Artificial Waterways.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Repealed.

 

40D-400.463 General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Repealed.

 

40D-400.467 General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Repealed.

 

40D-400.475 General Permit for Minor Activities.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Amended 2-19-04, 8-1-10, Repealed              .

 

40D-400.483 General Permit to the Department to Conduct Minor Activities.

Rulemaking Authority 373.026, 373.043, 373.044, 373.046, 373.118, 373.406, 373.414 FS. Law Implemented 373.019, 373.026, 373.043, 373.046, 373.109, 373.117, 373.118, 373.119, 373.123, 373.129, 373.136, 373.403, 373.409, 373.413-.443 FS. History–New 10-3-95, Repealed                            .

 

40D-400.485 General Permit to the Department for Environmental Restoration or Enhancement.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Repealed.

 

40D-400.487 General Permit to the Department to Change Operating Schedules for Department Water Control Structures.

Rulemaking Authority 373.026, 373.043, 373.044, 373.046, 373.118, 373.406, 373.414 FS. Law Implemented 373.019, 373.026, 373.043, 373.046, 373.109, 373.117, 373.118, 373.119, 373.123, 373.129, 373.136, 373.403, 373.409, 373.413-.443 FS. History–New 10-3-95, Repealed                            .

 

40D-400.491 Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone.

Rulemaking Authority 373.044, 373.118, 373.414 FS. Law Implemented 373.413, 373.419 FS. History–New 1-24-02, Amended 8-30-09, Repealed.

 

40D-400.492 Noticed General Permit for Prospecting.

Rulemaking Authority 373.044, 373.118, 373.414 FS. Law Implemented 373.413, 373.419 FS. History–New 1-24-02, Repealed.

 

40D-400.495 General Permit to U.S. Forest Service for Minor Works within National Forests.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Repealed.

 

40D-400.500 General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Amended 5-4-05, 8-30-09, 12-12-11, Repealed              .

 

40D-400.550 General Permit for Construction, Operation and Maintenance of Nonproduction-related Agricultural Facilities.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 4-17-11, 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