The Department proposes the development of rules that will provide for a partial delegation of Environmental Resource Permit (ERP) program responsibilities for permitting, compliance and enforcement under Part IV of Chapter 373, F.S., from the ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-113.100: Purpose
PURPOSE AND EFFECT: The Department proposes the development of rules that will provide for a partial delegation of Environmental Resource Permit (ERP) program responsibilities for permitting, compliance and enforcement under Part IV of Chapter 373, F.S., from the Department to the Environmental Protection Commission of Hillsborough County. The purpose of the delegation is to provide for streamlined review and agency action on state and local permits for activities involving such things as construction of docks, seawalls, and single-family residences in wetlands and other surface waters within Hillsborough County. The EPC has an existing memorandum of understanding with the Southwest Florida Water Management District to perform compliance and enforcement of ERP activities authorized by the SWFWMD within the county.
SUBJECT AREA TO BE ADDRESSED: Amend Chapter 62-113, F.A.C., to incorporate by reference a delegation agreement between the Department and the Environmental Protection Commission of Hillsborough County regarding permitting, compliance, and enforcement of activities regulated under Part IV of Chapter 373, F.S. The delegation will be in accordance with the criteria established by Section 373.441, F.S. and Chapter 62-344, F.A.C.
SPECIFIC AUTHORITY: 373.043, 373.046, 373.418, 403.061 FS.
LAW IMPLEMENTED: 373.026, 373.046, 373.441, 403.061, 403.182 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mary Van Tassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone [phone], or e-mail: [e-mail]. For questions about the rule and delegation, contact Katherine Gilbert at [phone] or [e-mail]. Further information and updates on this rule development also may be obtained from the Department’s web site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC Tracking No. 07-1298)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

       62-113.100 Purpose.

       (1) No change.

       (2) Delegations to political subdivisions.

       (a) through (p) No change.

       (q) #08-X: Delegation Agreement Between the Florida Department of Environmental Protection and the Environmental Protection Commission, Hillsborough County, Regarding Implementation of Environmental Resource Permitting, Compliance, and Enforcement, under Part IV, Chapter 373, F.S.

       (3) No change.

Specific Authority 373.043, 373.046, 373.418, 403.061 FS. Law Implemented 373.026, 373.046, 373.441, 403.061, 403.182 FS. History–New 1-5-93, Amended 11-16-93, 3-14-94, Formerly 17-113.100, Amended 7-4-95, 4-3-96, 3-24-98, 12-3-98, 7-16-01, 7-1-07,_________.