PURPOSE AND EFFECT: To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to reduce the number of copies applicants are required to submit. Additionally, in accordance with the ...  

  • WATER MANAGEMENT DISTRICTS
    South Florida Water Management District

    RULE NO.: RULE TITLE:
    40E-400.021: Definitions
    40E-400.211: Processing Procedures for Noticed General Permits

    PURPOSE AND EFFECT: To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to reduce the number of copies applicants are required to submit. Additionally, in accordance with the Executive Order, the District proposes to repeal definitions duplicative of Florida Statutes.

    SUBJECT AREA TO BE ADDRESSED: Definitions and Form 0980.

    RULEMAKING AUTHORITY: 373.044, 373.113, 373.118, 373.171 668.003, 668.004, 668.50 FS.
    LAW IMPLEMENTED: 373.109, 373.118, 373.413, 373.416, 373.426, 668.003, 668.004, 668.50 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.

    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: South Florida Water Management District Clerk, 1(800)432-2045, ext. 2087, or (561)682-2087. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Anita R. Bain, Environmental Resource Permitting Bureau Chief, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6866, or (561)682-6866, email: abain@sfwmd.gov. For procedural questions, contact Jan Sluth, Sr. Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6299, or (561)682-6299, email: jsluth@sfwmd.gov.

     

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

    40E-400.021 Definitions.

    The definitions set forth in Sections 258.37, 373,019, 373.403, 403.803, and 704.06, F.S., Rules 40E-1.021 and 40E-4.021, F.A.C., shall apply to this chapter. Additionally, as used in this chapter:

    (1) “Canal” means a trench, the bottom of which is normally covered by water, with the upper edges of its two sides normally above water.

    (2) “Channel” means a trench, the bottom of which is normally covered entirely by water, with the upper edges of one or both of its sides normally below water.

    (1)(3) No change.

    (4) “Drainage ditch” or “irrigation ditch” means a man-made trench which is dug for the purpose of draining water from the land or for transporting water for use on the land and which is not built for navigational purposes.

    (5) through (6) renumbered (2) through (3).

    (7) “Insect control impoundment dikes” means artificial structures, including earthen berms, constructed and used to impound wetlands or other surface waters for the purpose of insect control.

    (8) through (9) renumbered (4) through (5) No change.

    (10) “Swale” means a man-made trench which:

    (a) Has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical;

    (b) Contains contiguous areas of standing or flowing water only following a rainfall event;

    (c) Is planted with or has stabilized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and

    (d) Is designed to take into account the soil erodibility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce pollutant concentration of any discharge.

    Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 4-14-03,________.

     

    40E-400.211 Processing Procedures for Noticed General Permits.

    (1) No change.

    (2) Any person wishing to construct, operate, maintain, alter, abandon, or remove a surface water management system pursuant to a noticed general permit set forth in this chapter shall provide notice to the District by submitting a complete Notice of Intent to Use a Noticed General Environmental Resource Permit, (Form No. 0980) including the appropriate application fee required in Rule 40E-1.607, F.A.C., to the District at least 30 days prior to undertaking construction, operation, maintenance, alteration, abandonment, or removal of the system. For the purposes of this subsection, the application form is only considered submitted when it is actually received by the District. Form No. 0980, _______ December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00068, is incorporated by reference herein and is available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406.

    (3) through (5) No change.

    Rulemaking Authority 373.044, 373.113, 373.118, 668.003, 668.004, 668.50 FS. Law Implemented 373.109, 373.118, 373.413, 373.416, 373.426, 668.003, 668.004, 668.50 FS. History–New 10-3-95, Amended 7-2-98, 10-1-06, 12-1-11,________.

Document Information

Subject:
Definitions and Form 0980.
Purpose:
PURPOSE AND EFFECT: To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to reduce the number of copies applicants are required to submit. Additionally, in accordance with the Executive Order, the District proposes to repeal definitions duplicative of Florida Statutes.
Rulemaking Authority:
373.044, 373.113, 373.118, 373.171 668.003, 668.004, 668.50 FS.
Law:
373.109, 373.118, 373.413, 373.416, 373.426, 668.003, 668.004, 668.50 FS.
Contact:
Anita R. Bain, Environmental Resource Permitting Bureau Chief, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6866, or (561)682-6866, email: abain@sfwmd.gov. For procedural questions, contact Jan Sluth, Sr. Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6299, or (561)682-6299, email: jsluth@sfwmd.gov.
Related Rules: (2)
40E-400.021. Definitions
40E-400.211. Processing Procedures for Noticed General Permits