Application for Corridor Certification, Amendments, Modifications, Conditions of Certification; Delegated Modifications, Dredging and Filling, Water Quality; Post-Certification Review, Modification of Certification, Public Notice

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-17.540: Application for Corridor Certification, Amendments, Modifications
62-17.600: Conditions of Certification; Delegated Modifications
62-17.665: Dredging and Filling, Water Quality; Post-Certification Review
62-17.680: Modification of Certification
62-17.750: Public Notice

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 38, September 25, 2009 issue of the Florida Administrative Weekly.

62‑17.540 Application for Corridor Certification and Precertification Amendments.

(1) Applications for certification shall follow the format and shall be supported by information and technical studies, as prescribed by the Department’s application guide form 62‑1.212(1). Copies of this guide are available from a local District Office or by writing to the Department of Environmental Protection, Siting Coordination Office, MS 48, Commonwealth Blvd., Tallahassee, FL 32399-3000 as well as located on web site http://www.dep.state.fl.us/siting.

(a) through (c) No change.

(2) through (3) No change.

(4)(a) No change.

(b) Precertification amendments to an application shall follow the format and shall be supported by information as prescribed in Section C of the Application Guide form 62‑1.212(1) which is the section applicable to transmission lines. Appropriate revisions to the application text, figures, and photographs are required to be made to reflect the changes. Amendments may be submitted initially as correspondence, but formal revisions to the application, either in the form of amended application pages or an errata sheet listing all necessary changes to application pages, are required to be distributed within 15 days of correspondence submittal to all agencies, parties and persons previously receiving an application.

Rulemaking Specific Authority 403.523(1), 403.531(2)(1)(b) FS. Law Implemented 403.523(1)(2)(3)(5)(6), 403.525, 403.5251, 403.5275 FS. History–New 11‑20‑80, Amended 6‑26‑84, 17‑17.54(4) Transferred to 17‑17.545(1) and Amended 6‑26‑84, Amended 1‑26‑93, Formerly 17‑17.540, Amended_________.

 

62‑17.600 Conditions of Certification.

Any submittal of information pursuant to a requirement contained in a condition of certification is for the purpose of monitoring for compliance with the issued certification pursuant to subsection 403.5317(2), F.S., and does not provide a point of entry for a person other than the applicant to an administrative determination on the adequacy of the submittal.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.531(2), 403.5315(1), 403.523(8) FS. History–New 11‑20‑80, Amended 6‑26‑84, 4‑15‑85, Formerly 17‑17.600, Amended________.

 

62‑17.665 Management and Storage of Surface Waters, Activities in Surface Waters and Wetlands, and Water Quality, Postcertification Review.

No change.

(1) through (2) No change.

(3) No change.

(a) through (b) No change.

(c) Applicants must describe impacts and mitigation, if any, that provide reasonable assurance of compliance with the non-procedural requirements of Section 373.414, F.S., and applicable non-procedural provisions of the appropriate water management district’s rules for where the line is being built.

(d) through (e) No change.

(4) through(7) No change.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.531(2), (3) FS. History–New 4‑15‑85, Formerly 17‑17.665, Amended_________.

 

62‑17.680 Modification of Certification.

(1) No change.

(2) Modifications requested by a licensee shall be processed in accordance with Section without objections pursuant to s. 403.5315(2), F.S., and the following:

(a) through (d) No change.

(e) The Department shall prepare a proposed order on a modification and mail notice of such proposed order to the last address of each party to the prior certification proceedings as shown in the record of those proceedings, or as may have been otherwise been updated by the party.

(f) If no objections are received from the parties to the prior certification proceedings within 45 days after issuance of the notice by mail, or from other persons whose substantial interests will be affected by the modification within 30 days after publication of the newspaper notice specified in paragraph (c) above, if such notice is required by the Department pursuant to Section 403.5363(1)(b)6., F.S., or within 30 days after publication of notice by the Department pursuant to Section 403.5363(3)(f), F.S., then the Department shall issue a Final Order on the modification consistent with the noticed proposed order. If written objections are filed that address only a portion of the proposed order on a modification, then the Department shall issue a Final Order on the portion of the modification to which no objections were filed, unless that portion of the requested modification is substantially related to or necessary to implement the portion to which written objections are filed.

(g) Written objections shall only address matters raised in the request for modification and the Department’s Proposed Order. If objections are filed, the following shall apply:

1. Objections must be timely filed with the Department. The objections shall contain a description of the Objector; a statement of all disputed issues of material fact or a statement that there are none; a concise statement of the ultimate facts alleged, including the specific facts the Objector contends warrant revision of the proposed order on the modification; a statement of the specific rules or statutes the Objector contends require revision of the proposed order on the modification; and any other information which the Objector contends is material.

2. If objections are timely filed and agreement cannot be subsequently reached among the applicant, the Department and the objecting party(ies), then pursuant to Section 403.5315(2), F.S., the licensee may file a request for hearing on the modification seeking a final order for those portions of the proposed order on the modification to which written objections were timely filed.

3. The provisions of Chapter 120, F.S., shall govern the hearing on the modification to which written objections were timely filed.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.5315 403.523(11), 403.535 FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.680, Amended_________.

 

62‑17.750 Public Notice Requirements.

(1) The following forms used by the Department of Environmental Protection are adopted and incorporated by reference. The forms are listed by rule number which is also the form number, with the subject, title and effective date. Copies of forms may be obtained from the Department of Environmental Protection, Siting Coordination Office, MS. 48, 3900 Commonwealth Blvd., Tallahassee, FL 32399 or by accessing the Office’s web site at http://www.dep.state.fl.us/siting. All notices shall be in substantial conformance with those forms.

(a) The applicant shall provided newspaper notice as required by Section 403.5363, F.S., using the forms and procedures listed below.

1. Notice of Filing an Application – DEP Form 62-17.750(1). This notice shall:

a. Be published no more than 21 within 15 days after filing with the department;

b. through d. No change.

2. through 3. No change.

4. Notice of Deferment of Certification Hearing – DEP Form 62-17.750(TL4) This notice shall;

a. through d. No change.

e. In the event that the certification hearing is deferred and dates of rescheduling are available, this notice may be omitted and the notice(s) of Rescheduled Certification Hearing published under subparagraphs (1)(a)5. and (1)(b)2. shall include the dates of the originally scheduled certification hearing and deferred certification hearing combined with the notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5).

5. through 6. No change.

(b) No change.

(c) A local government or regional planning council whose jurisdiction is to be crossed by a proposed transmission line corridor who requests an Informational Public Meeting shall provide newspaper notice as required by Section 403.5363, F.S., using the form and procedures listed below.

1. Notice of Informational Public Meeting – DEP Form 62-17.750(7). This notice shall be published by a local government or regional planning council in a newspaper of general circulation within whose jurisdiction is to be crossed by a proposed transmission line corridor and be published no later than 7 days prior to at least 15 days before the date of the meeting.

2. No change.

(2) through (3) No change.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.527(6)(c), 403.5271(1), 403.5271(1)(c), 403.5315(2), 403.5363 403.523(9), 403.527(1)(5), 403.535 FS. History–New 11‑20‑80, Transferred from 17‑17.61 and Amended 6‑26‑84, Formerly 17‑17.750, Amended _______.

 

Please note that the forms adopted and incorporated by Rule 62-17.750, F.A.C., have also been revised pursuant to comments presented at the hearing on this rule. Copies of the revised forms may be obtained by contacting: Ms. Jill Stoyshich at the Florida Department of Environmental Protection, Siting Coordination Office, 3900 Commonwealth Boulevard, MS 48, Tallahassee, Florida 32399 or [e-mail], phone [phone].