The purposes and effects of this rule amendment are to: (1) adopt and charge the minimum fee of $250 for all noticed general environmental resource permits contained in Chapter 40C-400, F.A.C., as set forth in Section 373.109(1)(b) F.S.; (2) adopt ...

 

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO: RULE TITLE
40C-1.603: Permit Fees
PURPOSE AND EFFECT: The purposes and effects of this rule amendment are to: (1) adopt and charge the minimum fee of $250 for all noticed general environmental resource permits contained in Chapter 40C-400, F.A.C., as set forth in Section 373.109(1)(b) F.S.; (2) adopt and charge the minimum fee of $100 for District verification that an activity is exempt from regulation under part IV of Chapter 373, F.S., or Section 403.813, F.S., as set forth in Section 373.109(1)(c), F.S.; (3) adopt and charge the minimum fee of $100 for the District conducting an informal wetland boundary determination, as set forth in Section 373.109(1)(d), F.S.; (4) increase each application fee authorized under part IV of Chapter 373, F.S., such that each fee reflects the upward adjustment in the Consumer Price Index compiled by the United States Department of Labor since the original fee was established or most recently revised, as set forth in Section 373.109(1)(a), F.S.; (5) establish by rule the inflation index to be used for this purpose (the Consumer Price Index for All Urban Consumers (CPI-U), compiled by the United States Department of Labor), as set forth in Section 373.109(1)(a), F.S., and subparagraph 62-113.200(12)(a)8. and paragraph 62-4.050(4)(z), F.A.C.; and (6) clarify that the application fees for propriety authorization to use State-owned lands under Chapters 253 and 258, F.S., are provided in Chapter 18-21, F.A.C.
This rulemaking implements the 2008 statutory amendments to Section 373.109, F.S., enacted pursuant to Section 18 of Senate Bill 1294 (2008), (Chapter 2008-150, Laws of Florida). Subsequent to the enactment of these statutory amendments, the Florida Department of Environmental Protection delegated its authority to implement the statutory amendment to the water management districts in subparagraph 62-113.200(12)(a)8., F.A.C. These statutory amendments require the following increases in permit application fees and the following new fees under the Environment Resource Permit program of Part IV, Chapter 373, F.S,: a $250 minimum fee for noticed general environmental resource permits; a new $100 minimum fee, not to exceed $500 if later adopted by rule, to verify qualification for an exemption from regulation; and a new $100 minimum fee, not to exceed $500 if later adopted by rule, to conduct an informal wetland boundary determination. Section 373.109(1)(a), F.S., also requires the District to review all of its environmental resource permit (ERP) fees, and to initiate rulemaking no later than December 1, 2008, to increase each application fee authorized under Part IV of Chapter 373, F.S., to ensure that such fees reflect, at a minimum, an upward adjustment in the Consumer Price Index compiled by the United States Department of Labor, or similar inflation indicator, since the original fee was established or more recently revised, and to establish by rule the inflation indicator to be used.
SUMMARY: The proposed rule amendments would: (1) increase the fee for all noticed general environmental resource permits to $250; (2) create a $100 fee for District verification that an activity is exempt from regulation; (3) create a $100 fee for an informal wetland boundary determination; (4) increase each application fee authorized under Part IV of Chapter 373, F.S., based on a Consumer Price Index, (5) establish the Consumer Price Index used for calculating those fees increases; and (6) clarify that the application fee for proprietary authorization to use State-owned lands under Chapters 253 and 258, F.S., are provided in Chapter 18-21, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rule amendments will increase the application fee for all environmental resource permit applications and for other applications and decisions under Part IV of Chapter 373, 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.
SPECIFIC AUTHORITY: 373.044, 373.109, 373.113, 373.421(2) FS.
LAW IMPLEMENTED: 373.109, 373.421(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on January 12, 2010, 1:00 p.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Rules Coordinator, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40C-1.603 Permit Fees.

A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules or permit programs delegated to the District. Effective October 1, 1990, governmental entities shall be required to submit the fees established except as provided in subsection (17)(14). This fee recovers some of the District’s costs of processing applications. The fee schedule is:

(1) through (4) No change.

(5) Chapter 40C-4, F.A.C., environmental resource permits:

(a) Individual and conceptual permits$5,380 4,500

(b) Mitigation Bank permits and conceptual approvals$11,960 10,000

(c) Applications for Modification of individual or conceptual environmental

resource permits, or Mitigation Bank permits or conceptual approval permits,

where the total land area of the project is not increased$1,410 1,000

(d) Applications for modification of individual or conceptual environmental

resource permits, or Mitigation Bank permits or conceptual approval permits,

where the total land area of the project is increased$4,230 3,000

(e) Requests for modification by letter of individual or conceptual environmental

resource permits, or mitigation bank permits or conceptual approval permits$270 250

(f) Chapter 40C-40, F.A.C., standard environmental resource permits:

1. Systems which have a project area greater than or equal to 40 acres$1,790 1,500

2. Systems which have a project area of less than 40 acres and greater than one acre$1,190 1,000

3. Systems which have a project area of less than or equal to one acre$590 500

4. Applications qualifying under subsection 40C-40.302(5), F.A.C., for modification

of individual or conceptual environmental resource permits, or mitigation bank

permits or conceptual approval permits, where the total land area is not increased$1,100 1,000

5. Applications qualifying under subsection 40C-40.302(5), F.A.C., for modification

of individual or conceptual environmental resource permits, or mitigation bank

permits or conceptual approval permits, where the total land area of a project is

increased$3,300 3,000

6. Requests for modification by letter of Chapter 40C-40, F.A.C., standard

environmental resource permits, where the total land area of a project is not increased$160 150

(g) Chapter 40C-400, F.A.C., noticed general environmental resource permits set

forth in Rules 40C-400.417 through 40C-400.50040C-400.499, F.A.C.$250 100

(h) Variances associated with an environmental resource permit application$550 500

(i) Formal Determinations:

1. For property less than or equal to 10 acres$860 550

2. For property greater than 10 acres but less than or equal to 40 acres$1,180 750

3. For property greater than 40 acres but less than or equal to 120 acres$2,370 1,500

4. For property greater than 120 acres$2,370 1,500
plus $310 200 for

each additional

100 acres or

portion thereof

5. For properties with an existing formal determination that qualify for a lower fee

in accordance with subsection 40C-1.1006(7), F.A.C.$350 250

(j) No change.

(k) Management and storage of surface waters permits under Chapters 40C-4 and 40C-40, F.A.C., as such rules existed prior to the adoption of rules pursuant to Section 373.414(9), F.S., that are submitted pursuant to the grandfathering provisions of Sections 373.414(11) through (16), F.S.

1. Individual and conceptual permits$3,530 2,500

2. General permits$980 700

(l) Permit applications and formal determinations which require wetland delineations pursuant to Section 373.421(7), F.S., will be charged a supplemental application fee of seven hundred five hundred dollars ($700 500), in addition to the application fees above.

(6) Chapter 40C-42, F.A.C., environmental resource stormwater permits and conceptual approval environmental resource stormwater permits.

(a) Stormwater facility serving a project with a total land area less than or equal to

one acre$280 200

(b) Stormwater facility serving a project with a total land area greater than one acre$490 350

Permit applications under Chapter 40C-42, F.A.C., as such rule existed prior to the effective date of the rules adopted pursuant to Section 373.414(9), F.S., that are submitted pursuant to the grandfathering provisions of subsections 373.414(12) through (16), F.S.

1. Stormwater facility serving a project with a total land area less than or equal to

one acre$220 150

2. Stormwater facility serving a project with a total land area greater than one acre$440 300

(c) Requests for modification by letter of Chapter 40C-42, F.A.C., permits$110 100

(7) No change.

(8) Chapters 62-4 and 62-312, F.A.C., wetland resource management (dredge and fill) permits issued pursuant to the grandfathering provisions of subsections 373.414(11) through (16), F.S.

(a) General permits$150 100

(b) Short form permits:

1. Involving the construction of new docking or boardwalk facilities, pursuant to

Rule 62-312.070, F.A.C., that provide:

a. 0-2 new boat slips$460 300

b. 3-9 new boat slips$760 500

2. Involving dredging and filling activities that affect 10 acres or less of jurisdictional area, pursuant to subsection 62-312.070(2), F.A.C.:

a. Up to and including five years duration$760 500

b. From six years up to and including 10 years duration$4,600 3,000

(c) Standard form permits:

1. Up to and including five years duration$6,130 4,000

2. For six years duration$9,200 6,000

3. For seven years duration$10,740 7,000

4. For eight years duration$12,270 8,000

5. For nine years duration$13,810 9,000

6. For ten years duration$15,340 10,000

7. For 11 years duration$16,880 11,000

8. For 12 years duration$18,410 12,000

9. For 13 years duration$19,940 13,000

10. For 14 years duration$21,480 14,000

11. For 15 years duration$23,010 15,000

12. For 16 years duration$24,550 16,000

13. For 17 years duration$26,080 17,000

14. For 18 years duration$27,620 18,000

15. For 19 years duration$29,150 19,000

16. For 20 years duration$30,690 20,000

17. For 21 years duration$32,220 21,000

18. For 22 years duration$33,760 22,000

19. For 23 years duration$35,290 23,000

20. For 24 years duration$36,830 24,000

21. For 25 years duration$38,360 25,000

(d) For permit applications which involve a combination of fee categories listed above, the highest fee that applies to the appropriate standard form or short form project, pursuant to Rule 62-312.070, F.A.C., shall be charged.

(e) Variances from permitting standards, permit conditions, or water quality

standards associated with a wetland resource permit application$550 500

(f) No change.

(g) A single additional fee of $760 500 shall be required for projects in which monitoring and evaluation to determine success of the mitigation will be required beyond the period of time to which the permit fee will ordinarily apply. If it is determined at the time of the permit application that monitoring and evaluation to determine the success of the mitigation will be required beyond the time period to which the permit fee will ordinarily apply, then this single additional fee will be due at that time. If it is determined after the time of permit application that monitoring and evaluation to determine the success of the mitigation will be required beyond the time period to which the permit fee will ordinarily apply, then this single additional fee shall be due when it is determined that this monitoring and evaluation is required.

(h) Minor modifications of permits that do not require substantial technical evaluation by the District, do not require a new site inspection by the District, and will not lead to substantially different environmental impacts or will lessen the impacts of the original permit:

1. That consist of transfers of permits or time extensions$70 50

2. Involving minor technical changes when the existing permit fee is less than

$460.00 $300.00.$70 50

3. Involving minor technical changes when the existing permit fee is more than or

equal to $460.00 $300.00.$380 250

(9) Chapter 40C-44, F.A.C., environmental resource agricultural system permits:

(a) Standard General Permits for agricultural operations less than 40 acres$420 300

(b) Standard General Permits for agricultural operations greater than 40 acres$1,050 750

(c) Individual Permits$2,820 2,000

(d) Permit applications under Chapter 40C-44, F.A.C., as such rule existed prior to the effective date of the rules adopted pursuant to Section 373.414(9), F.S., that are submitted pursuant to the grandfathering provisions of subsections 373.414(12) through (16), F.S.

1. General Permits for agricultural operations less that 40 acres$470 250

2. General Permits for agricultural operations greater than 40 acres$940 500

3. Individual Permits$2,840 1,500

(10) and (11) No change.

(12) Application fees for aAuthorizations on sovereign submerged lands under Chapters 253 and 258, F.S., are provided in Chapter 18-21, F.A.C.: to use State-owned sovereign submerged lands

(a) Consents of UseNo Fee

(b) Easements and Licenses$200

(13) For individual, conceptual, and standard environmental resource permit, environmental resource stormwater permit, and mitigation bank permit and conceptual approval permit applications that fail to provide five copies of the application package (which package includes the signed application form, construction plan drawings, and other supporting information), for each missing application package the application fee shall be increased as follows:

(a) Chapter 40C-4, F.A.C., individual and conceptual environmental resource

permits, and mitigation bank permits and conceptual approval permits$220 200

(b) Chapter 40C-40, F.A.C., standard environmental resource permits$110 100

(c) Chapter 40C-42, F.A.C., permits$110 100

However, this additional fee shall not apply when the application package is received electronically via the District’s E-Permitting website at www.sjrwmd.com

(14) Informal wetland boundary determinations under Part IV of Chapter 373, F.S.,

for property less than or equal to 1 acre.$100

(15) Verification that an activity is exempt from regulation under Part IV of Chapter

373, F.S., or Section 403.813, F.S.$100

(16) The District shall use the Consumer Price Index, for All Urban Consumers (CPI-U), all items, compiled by the United States Department of Labor for revising fees under Part IV of Chapter 373, F.S., pursuant to Section 373.109, F.S., and subparagraph 62-113.200(12)(a)8. and paragraph 62-4.050(4)(z), F.A.C.

(17)(14) No change.

Rulemaking Specific Authority 373.044, 373.109, 373.113, 373.421(2) FS. Law Implemented 218.075, 373.109, 373.421(2) FS. History–New 10-1-87, Amended 6-1-88, 10-17-88, Formerly 40C-1.202, Amended 8-1-89, 10-19-89, 8-19-90, 7-21-91, 7-23-91, 8-11-91, 9-25-91, 11-12-91, 10-20-92, 11-30-92, 1-6-93, 12-6-93, 1-23-94, 4-12-95, 1-4-96, 4-25-96, 10-2-96, 10-11-01, 4-10-02, 11-11-03, 2-1-05,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas I. Mayton Jr., Senior Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 21, 2008