Department of Environmental Protection, Departmental

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-343.020 General Provisions

62-343.030 Transferability of Definitions

62-343.050 Permits Required

62-343.060 Conceptual Approval Permits

62-343.070 Procedures to Obtain a Permit

62-343.075 Additional Requirements and Procedures for Concurrent Review of Related Applications

62-343.080 Applications Processed by District and Division Offices of the Department

62-343.090 Processing of Notices and Applications

62-343.100 Modification of Permits

62-343.110 Duration of Permits

62-343.120 Permit Extensions

62-343.130 Transfer of Ownership or Permit

62-343.140 Suspension and Revocation

62-343.900 Environmental Resource Permit Forms

PURPOSE AND EFFECT: To repeal rules in Chapter 62-343, F.A.C., Environmental Resource Permit Procedures,  pursuant to paragraph 373.4131(2)(c), F.S., because the substance of these rules has been superseded by the rules adopted in Chapter 62-330, F.A.C., Environmental Resource Permitting, that applies statewide as of October 1, 2013. There will be no rules remaining in this chapter because Rule 62-343.010 was repealed February 16, 2012, and Rule 62-343.040 was transferred to Rule 62-330.201, F.A.C., on May 15, 2012.

Section 373.4131(2)(c), F.S., provides that these rules can be repealed without further rulemaking under Section 120.54, F.S. Therefore, no hearing will be scheduled and the repeals will become effective upon filing a list of the repealed rules with the Department of State.

SUMMARY: Repeal remaining rules in the chapter because they are superseded by Chapter 62-330, F.A.C., effective October 1, 2013.

OTHER RULES INCORPORATING THIS RULE: 62-45.140, 62-110.105, 62-110.106, 62-110.107, 62-342.750, 62-342.800, 62-343.060, 62-343.070, 62-343.075, 62-343.090, 62-343.100, 62-343.110, 62-343.120, 62-343.130, 62-343.900, 62-348.100, 62-348.300, 62-348.500, 62-348.600, and 62-348.700.

EFFECT ON THOSE OTHER RULES: For those projects that were either permitted under the above rules or had complete applications under the above rules before October 1, 2013, Chapter 62-343 will continue to apply, except in the case of a modification to the project that is reasonably expected to lead to additional or substantially different outcomes. For applications received under the above rules after October 1, 2013, the rules in Chapter 62-343 have been superseded by the statewide environmental resource permitting rules in Chapter 62-330, and will no longer apply. The citation in rule 62-348.300 to Form 343.900(1) will need to be changed to Form 62-330.060(1) for applications submitted after October 1, 2013.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: 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: The substance of the rules being repealed in this chapter are now addressed in Chapter 62-330, F.A.C., Environmental Resource Permitting, which applies statewide effective October 1, 2013.

RULEMAKING AUTHORITY: 120.53, 120.54(5)(a), 373.026, 373.026(7), 373.043, 373.044, 373.118, 373.413, 373.4131, 373.414, 373.418, 373.421, 373.427, 380.06(9)(b), 403.0877 FS.

LAW IMPLEMENTED: 120.54(5)(a), 120.60, 120.60(1), 120.60(6), 373.026, 373.026(7), 373.043, 373.109, 373.118, 373.406(5), 373.413, 373.4131, 373.414, 373.4141, 373.416, 373.416(2), 373.418, 373.421, 373.426, 373.427,  373.428, 373.429, 380.06(9)(b), 403.9328 FS.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Alice Heathcock, Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Coordination Program, 2600 Blair Stone Road – MS 2500, Tallahassee, FL 32399-2400, telephone [phone] or e-mail: [e-mail]. (OGC No. 13-1249)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-343.020 General Provisions.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.416, 373.421, 373.426 FS. History–New 7-4-95, Repealed___________.

 

62-343.030 Transferability of Definitions.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.418, 373.421 FS. History–New 7-4-95, Amended 8-14-96, Repealed___________.

 

62-343.050 Permits Required.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418 FS. Law Implemented 373.413, 373.414, 373.416, 373.426 FS. History–New 7-4-95, Amended 8-14-96, Repealed___________.

 

62-343.060 Conceptual Approval Permits.

Rulemaking Authority 373.026(7), 373.043, 373.414, 373.418, 380.06(9)(b) FS. Law Implemented 373.413, 373.414, 373.416, 373.426, 380.06(9)(b) FS. History–New 7-4-95, Amended 8-14-96, Repealed___________.

 

62-343.070 Procedures to Obtain a Permit.

Rulemaking Authority 120.54(5)(a), 373.026(7), 373.043, 373.118, 373.414, 373.418, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.414, 373.4141, 373.416, 373.426, 403.9328 FS. History–New 7-4-95, Amended 8-14-96, 5-9-13, Repealed___________.

 

62-343.075 Additional Requirements and Procedures for Concurrent Review of Related Applications.

Rulemaking Authority 373.427 FS. Law Implemented 373.427 FS. History–New 10-12-95, Amended 8-14-96, Repealed___________.

 

62-343.080 Applications Processed by District and Division Offices of the Department.

Rulemaking Authority 120.53, 373.026, 373.043, 373.044, 373.118, 373.414, 373.418 FS. Law Implemented 120.60, 373.026, 373.118, 373.413, 373.414, 373.416, 373.421, 373.426 FS. History–New 7-4-95, Amended 8-14-96, Repealed___________.

 

62-343.090 Processing of Notices and Applications.

Rulemaking Authority 120.54(5)(a), 373.026(7), 373.043, 373.118, 373.413, 373.414, 373.418 FS. Law Implemented 120.54(5)(a), 120.60(1), 373.109, 373.406(5), 373.413, 373.414, 373.4141, 373.416, 373.426, 373.428 FS. History–New 7-4-95, Amended 8-14-96, 8-16-98, Repealed___________.

 

62-343.100 Modification of Permits.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.026(7), 373.043, 373.109, 373.118, 373.414, 373.418, 373.421 FS. History–New 7-4-95, Amended 8-14-96, Repealed___________.

 

62-343.110 Duration of Permits.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.416, 373.426 FS. History–New 7-4-95, Amended 8-14-96, 10-10-07, Repealed___________.

 

62-343.120 Permit Extensions.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.416, 373.426 FS. History–New 7-4-95, Repealed___________.

 

62-343.130 Transfer of Ownership or Permit.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.109, 373.413, 373.414, 373.416(2), 373.426 FS. History–New 7-4-95, Amended 8-14-96, Repealed___________.

 

62-343.140 Suspension and Revocation.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 120.60(6), 373.429 FS. History–New 7-4-95, Amended 8-14-96, Repealed___________.

 

62-343.900 Environmental Resource Permit Forms.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.109, 373.413, 373.414, 373.416, 373.421, 373.426 FS. History–New 7-4-95, Amended 8-14-96, 2-19-03, Repealed___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 31, 2013

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