The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Law Enforcement

RULE NO.: RULE TITLE:
62N-16.027: Form: Request for Reimbursement for Damage
62N-16.035: Transfers
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Repeal two rules in Chapter 62N-16, F.A.C., Pollutant Discharge Act, that are no longer necessary. Rule 62N-16.027, F.A.C., Form: Request for Reimbursement for Damage, will be repealed due to the fact that the rule is not mandated by statute. Furthermore, Rule 62N-16.020, F.A.C., Reimbursement of Damage Claims, which is the rule this form applies to, has been repealed, thereby making Rule 62N-16.027, F.A.C., outdated and unnecessary. Rule 62N-16.035, F.A.C., Transfers, will be repealed due to the fact that this rule is not mandated by statute. Furthermore, Rule 62N-16.035, F.A.C., is not being used by the Department and therefore unnecessary.
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.
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 repeal of these rules are a result of the Department’s review pursuant to EO 11-01 and will not have an adverse impact or impose a regulatory cost.
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: 376.07 FS.
LAW IMPLEMENTED: 376.041, 376.12 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: December 19, 2011, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Douglas Building, Conference Room 743D, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Gareth Leonard, Florida Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Blvd., MS 35, Tallahassee, FL 32399-3000, telephone [phone], or e-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gareth Leonard, Florida Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Blvd., MS 35, Tallahassee, FL 32399-3000, telephone [phone], or e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62N-16.027 Form: Request for Reimbursement for Damage.

Rulemaking Specific Authority 376.07 FS. Law Implemented 376.12 FS. History–New 11-5-80, Formerly 16N-16.27, Amended 6-17-92, Formerly 16N-16.027, Repealed________.

 

62N-16.035 Transfers.

Rulemaking Specific Authority 376.07 FS. Law Implemented 376.041 FS. History–New 3-2-93, Formerly 16N-16.035, Amended 10-17-94, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Gregory L. Gibson, Assistant Director, Division of Law Enforcement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011