Rule 40D-40.302, F.A.C., is amended to state that, with respect to the related Individual Environmental Resource Permit application submitted with an application for a general incidental site activities permit, the Individual Environmental Resource ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-40.302: Conditions for Issuance of General Permits
PURPOSE AND EFFECT: Rule 40D-40.302, F.A.C., is amended to state that, with respect to the related Individual Environmental Resource Permit application submitted with an application for a general incidental site activities permit, the Individual Environmental Resource Permit may be issued by District staff or the Governing Board. The purpose and effect of this amendment is to make the rule consistent with amendments concurrently proposed for Chapters 40D-1 and 40D-4, F.A.C., authorizing some Individual Environmental Resource Permits to be issued by District staff as well as the Governing Board.
SUMMARY: This amendment is an ancillary part of a rulemaking package that delegates to District staff authorization to take agency action on certain selected Individual Environmental Resource Permits. The additional conditions for issuance of an incidental site activities permit as set forth in Rule 40D-40.302, F.A.C., are amended to state that, with respect to the companion Individual permit, the incidental site activities permit can be issued when the Individual permit application is complete and the permit will be either issued by District staff or staff is recommending approval of the individual permit to the Governing Board.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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, 373.113, 373.11, FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.419 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], ext. 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-40.302 Conditions for Issuance of General Permits.

(1) through (5) No change.

(6) Additional Conditions for an Incidental Site Activities Permit.

(a) Notwithstanding the threshold conditions of subsection (2), a permit shall be authorized for incidental site activities that are conducted in connection with a surface water management system proposed in an individual environmental resource permit application provided:

1. through 5. No change.

6. District staff has reviewed the individual environmental resource permit application, the application is complete and the permit will be issued by District staff or staff is recommending approval of the individual permit. For the purpose of this section, District staff is recommending approval of the individual permit when the Regulation Department Director has issued a letter informing the applicant that the application is complete and the staff will be recommending approval of the application to the Governing Board;

7. through 10. No change.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 5-10-88, 9-13-88, 10-3-95, 7-23-96, 7-16-02, 9-26-02, 8-3-03, 2-19-04, 2-1-05,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Senior Attorney, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], ext. 4651
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 26, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 6, 2009