This rulemaking was initiated after the recent statutory amendments to Section 373.109, Fla. Stat., enacted pursuant to Section 18 of Senate Bill 1294 (2008), (Chapter 2008-150, Laws of Florida). Subsequent to the enactment of these statutory ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-1.607: Permit Application Processing Fees
PURPOSE AND EFFECT: This rulemaking was initiated after the recent statutory amendments to Section 373.109, Fla. Stat., 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 (Department) proposed in Rule 62-113.200, F.A.C., the delegation of its authority to implement the statutory amendments to the water management districts. There are three categories of revisions proposed in Rule 40E-1.607, F.A.C. The first is to reflect upward adjustments to fees based on CPI. The second is to reflect new categories of fees authorized pursuant to Subsections 373.109(b)-(d), Fla. Stat. The third is an adjustment in fees to more accurately reflect the costs of “processing, monitoring, and inspecting for compliance.”
As required by Section 373.109, Fla. Stat., and Rule 62-113.200, F.A.C., the proposed rule provides for the District to adjust all of the fees to reflect at a minimum, any upward adjustment in the Consumer Price Index (CPI) adopted by the United States Department of Labor since the most recently revised fee increase, and identifies the inflation index used for making the fee adjustments. The proposed actual upward adjustments appear on Tables 40E-1.607(3)(a), (3)(b), and (5), F.A.C. The inflation index, designated by the Department, used for making all fee adjustments is the price paid by all urban consumers for a market basket of consumer goods and services; specifically, the CPI figures for the “CPI-U, U.S. City Average, All Items” established for the previous five years by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi/), computed as provided in the BLS publication “Handbook of Methods”, Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf).
These statutory amendments and proposed delegation also require increases in permit application fees and new fees under the Environment Resource Permit program of Part IV, Chapter 373, Fla. Stat.: (1) pursuant to the requirements of Subsection 373.109(1)(b), Fla. Stat., fees for noticed general permits pursuant to Chapter 40E-400, F.A.C., are increased from $100 to $250; (2) pursuant to Subsection 373.109(1)(c), Fla. Stat., a new $100 fee to verify qualification for an exemption from regulation under Part IV of Chapter 373, Fla. Stat.; and (3) pursuant to Subsection 373.109(1)(d), Fla. Stat., a new $500 fee to conduct an informal wetland boundary determination.
In order to recover a larger portion of the cost to the District to process, monitor and inspect for compliance, the District is also proposing additional adjustments to fees for Individual Permits and modifications for non-agricultural projects (including mitigation banks), Standard General Permits and General Permits for non-agricultural projects both new and modified, Dredge and Fill Permits both Short Form and Standard, Formal Wetland Determinations (including modified categories), Property Transfers, Individual Operations, Early Work, Environmental Resource and Surface Water Management letter modifications, Environmental Restoration Enhancements and Variances under Chapters 120 and 403, Fla. Stat. The District is also proposing a new $100 fee to process No Notice General Permits pursuant to Rules 40E-400.315 and 40E-400.316, F.A.C., and a new $500 fee to process permit extensions.
SUBJECT AREA TO BE ADDRESSED: New fees for activities conducted under Part IV of Chapter 373, F.S., and adjustments to all fees to reflect inflation and costs to process, monitor and inspect for compliance.
SPECIFIC AUTHORITY: 373.044, 373.109, 373.113, 373.421(2), 373.421(6)(b), 403.201 FS.
LAW IMPLEMENTED: 218.075, 373.016(5), 373.103, 373.109, 373.4135, 373.421(2), 373.421(6)(b), 403.201 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 4, 2009, 1:30 p.m.
PLACE: South Florida Water Management District, B-1 Building, Storch Room, 3301 Gun Club Road, West Palm Beach, FL 33406
DATE AND TIME: March 10, 2009, 10:30 a.m.
PLACE: South Florida Water Management District Lower West Coast Service Center, 2301 McGregor Boulevard, Fort Myers, FL 33901
DATE AND TIME: April 1, 2009, 1:00 p.m.
PLACE: Osceola County Extension Office, Osceola Heritage Park, 1921 Kissimmee Valley Lane, Kissimmee, FL 34744-6107
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Maria Clemente, P.E., Division Director, Regulatory Program Support, Environmental Resource Regulation, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 2308 or [phone], email: [e-mail]. For procedural issues contact Jan Sluth, Senior Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 6299 or [phone], email: [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-1.607 Permit Application Processing Fees.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. An application shall not be considered complete until the appropriate application fee is submitted. These fees are assessed in order to defray the cost of evaluating, processing, monitoring, and inspecting for compliance required in connection with consideration of such applications. Fees are non‑refundable in whole or part unless the activity for which an application is filed is determined by the District to be exempt or the fee submitted is determined by the District to be incorrect. Failure of any person to pay the applicable fees established herein will result in denial of an application. Activities that do not require a permit and are exempt pursuant to Rule 40E-2.051 or 40E-3.051, F.A.C., are not subject to the following permit application fees. The District’s permit application processing fees are as follows:

(1) through (2) No change.

(3)(a) Environmental Resource Permit Application processing fees are in the following table:

TABLE 40E-1.607(3)(a)

PERMIT APPLICATION PROCESSING FEES FOR

ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS REVIEWED PURSUANT TO CHAPTERS 40E-4, 40E-40, AND 40E-400, F.A.C.

Fee amounts shall apply to applications for conceptual and construction, or conceptual, or construction, except as noted.

 

Category	Amount
New Individual Permit, except Mitigation Bank Project area less than 100 acres Agriculture All others, including Mitigation Banks Project area 100 acres to less than 640 acres Agriculture All others, including Mitigation Banks Project area 640 acres or more Agriculture All others, including Mitigation Banks	$ 4,029 3050 $ 7,500 5000   $ 5,284 4000 $13,125 7500   $ 6,605 5000 $25,000 10,000
New Individual Permit, Mitigation Bank Project area less than 100 acres Project area 100 acres to less than 640 acres Project area 640 acres or more	$5000 $7500 $10,000
Individual Permit Modification, except Mitigation Bank Project area less than 100 acres Agriculture All others, including Mitigation Banks Project area 100 acres to less than 640 acres Agriculture All others, including Mitigation Banks Project area 640 acres or more Agriculture All others, including Mitigation Bank	$ 2,708 2050 $ 5,000 3500     $ 3,303 2500 $10,000 5000 $ 4,624 3500 $15,000 7500
Individual Permit Modification, Mitigation Bank Project area less than 100 acres Project area 100 acres to less than 640 acres Project area 640 acres or more	$3500 $5000 $7500
New Standard General Permit (excluding incidental site activities pursuant to Rule 40E-40.042, F.A.C. Agriculture All others	$ 859 650 $ 3,500 2000
Standard General Permit Modification including Application for phase construction under a Conceptual Approval Application for Individual Permit Modification for a system which does not exceed the criteria in Rule 40E-40.041, F.A.C., and which is not required to obtain an individual environmental resource permit for the reasons in subsection 40E-40.011(2), F.A.C. Agriculture All others	$ 661 500 $ 1,500 1000
Noticed General Permit pursuant to Chapter 40E-400, F.A.C., including aquaculture	$ 250 100
Single family residential homesite consisting of 10 acres or less in total land area	$ 100
Standard General Permit for incidental site activities pursuant to Rule 40E-40.042, F.A.C. (Early Work)	$ 1,000 500
Transfer of permit (including Mitigation Bank) to another entity pursuant to Rules 40E-1.6107 and 40E-4.351, F.A.C.	$ 675 450
Variance associated with an environmental resource permit application From paragraph 40E-4.301(1)(e), F.A.C. From other permitting standards, permit conditions, or water quality standards	$ 750 100   $ 1,500 500
New Individual Operation Permit	$ 5,250 3500
Letter Modification	$ 250 100
New Individual or Standard General Permits, or Individual or Standard General Permit Modifications, solely for environmental restoration or enhancement activities provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. Such activities may include incidental passive recreation and facilities to provide public access to the environmental restoration or enhancement site	$ 250 100
No Notice General Permits pursuant to Rules 40E-400.315 and 40E-400.316, F.A.C.	$ 100
Verification that an activity is exempt from regulation under Part IV, Chapter 373 or 403.813, F.S.	$ 100
Informal wetland boundary determinations under Part IV of Chapter 373, F.S. for property less than or equal to 1 acre	$ 500
Permit Extensions	$ 500

1. through 4. No change.

5. The District shall use the Consumer Price Index (CPI) adopted by the United States Department of Labor since the most recently revised fee increase for revising fees under Part IV of Chapter 373, F.S., pursuant to Section 373.109, F.S. The inflation index used is the price paid by all urban consumers for a market basket of consumer goods and services; specifically, the CPI figures for the “CPI-U, U.S. City Average, All Items” established for the previous five years by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi/), computed as provided in the BLS publication “Handbook of Methods”, Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf).

(b) Permit application processing fees for projects grandfathered pursuant to Section 373.414, F.S., wetland resource (dredge and fill) are in the following table:

TABLE 40E-1.607(3)(b)

PERMIT APPLICATION PROCESSING FEES FOR

PROJECTS GRANDFATHERED PURSUANT TO SECTION 373.414, F.S.

WETLAND RESOURCE (DREDGE AND FILL) PERMIT APPLICATIONS REVIEWED PURSUANT TO CHAPTERS 40E-4, 40E-40, AND 40E-400, F.A.C.

Category	Amount         $7,500 4000         $ 750 500         $ 300 $ 500     $3000               $ 132 100   $ 661 500 $ 132 100
Construction projects up to and including 5 years Standard form projects including dredge and fill activities that affect 10 or more acres of jurisdictional area, pursuant to subsection 62-312.070(2), F.A.C. (1993). Short form construction projects including dredging and filling activities that affect less than 10 acres of jurisdictional area, pursuant to subsection 62-312.070(2), F.A.C. (1993).
Short form construction projects involving the construction of new docking or boardwalk facilities, pursuant to subsection 62-312.070(2), F.A.C. (1993), that provide: 0-2 new boat slips 3-9 new boat slips
Dredge and fill construction permits in excess of 5 years Short form permits from 6 years up to and including 10 years Standard form permit application processing fee for a construction period of 6 years shall be $6000 and shall increase by $1000 for each year beyond 6 years, up through and including 25 years and a corresponding fee of $25,000
Variance associated with a wetland resource permit application From the prohibition of subsection 62-312.080(7), F.A.C. From other permitting standards, permit conditions, or water quality standards
General Permits
Minor modifications of permits that do not require substantial technical evaluation by the District, in conformance with subsections 62-4.050(6) and (7), F.A.C. (1993), 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: Transfer of permits or time extensions Minor technical changes Existing permit fee is less than $300, except for modification to permits issued pursuant to Section 403.816, F.S. Existing permit fee is equal to or more than $300	$ 66 50       $ 66 50 $ 330 250

1. through 3. No change.

(4) No change.

(5) Petition for Formal Determination of Wetlands and Other Surface Waters processing fees are in the following table:

TABLE 40E-1.607(5)

DETERMINATION PETITION PROCESSING FEES FOR

FORMAL DETERMINATION OF WETLANDS AND

OTHER SURFACE WATERS

For the validation of informal, non-binding wetland determinations pursuant to Section 373.421(6), F.S., the fees shall be the same as formal determinations listed in Table subsection 40E-1.607(5), F.A.C.

Category	Amount
Property less than or equal to 640 acres	$3,500 875
Property greater than 640	$5,000 875
Property less than or equal to 1 acre	$250
Property greater than 1 acre but less than or equal to 10 acres	$550
Property greater than 10 acres but less than or equal to 40 acres	$750
Property greater than 40 acres but less than or equal to 120 acres	$1500
Property greater than 120 acres	$1500
Each additional 100 acres or portion thereof	$200
Renewal	$250

(6) through (7) No change.

Specific Authority 373.044, 373.109, 373.113, 373.421(2), 373.421(6)(b), FS. Law Implemented 218.075, 373.109, 373.421(2), 373.421(6)(b), 403.201 FS. History–New 1-8-89, Amended 1-2-91, 11-15-92, 6-1-93, 1-23-94, 10-3-95, 4-1-96, 11-8-99, 5-24-00, 6-26-02, 7-11-02, 8-10-03, 8-14-03, 11-18-07,_________.