To update the reference to the Amended Operating Agreement Concerning the Regulation Under Part IV, F.S., and Aquaculture General Permits under Section 403.814, F.S., between the South Florida Water Management District and the Department of ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-4.302: Additional Conditions for Issuance of Permits
PURPOSE AND EFFECT: To update the reference to the Amended Operating Agreement Concerning the Regulation Under Part IV, F.S., and Aquaculture General Permits under Section 403.814, F.S., between the South Florida Water Management District and the Department of Environmental Protection.
SUMMARY: The Amended Operating Agreement between the South Florida Water Management District (District) and the Florida Department of Environmental Protection (FDEP) will: 1)clarify which mining projects are retained by FDEP; 2) provide that the District will review boat docks associated with residential development even if the upland development qualified for a no-notice general permit; 3) provide that the District can review utility lines which are contained within projects under the District's review; 4) eliminate Aquaculture from the agreement; 5) clarify process for review or transfer of incorrectly submitted applications; and 6) provide a revision of the threshold for District review of single family homes to four or more contiguous lots.
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, 373.171, 373.414(9) FS.
LAW IMPLEMENTED: 373.042, 373.409, 373.413, 373.414, 373.416, 373.426, 380.23 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 12, 2007, beginning at 9:00 a.m.
PLACE: South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
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’s Office, [phone], ext 2087, or [phone].
Although Governing Board meetings, hearings and workshops are normally recorded, affected persons are advised that it may be necessary for them to ensure that a verbatim record of the proceeding is made, including the testimony and evidence upon which any appeal is to be based. 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: Anita R. Bain, Division Director, Natural Resource Management Division, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], or 1(800)432-2045, ext. 6866, email: [e-mail]. For procedural questions, contact Jan Sluth, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], or 1(800)432-2045, ext. 6299, email: [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-4.302 Additional Conditions for Issuance of Permits.

(1) No change.

(2) When determining whether the applicant has provided reasonable assurances that District permitting standards will be met, the District shall take into consideration a permit applicant's violation of any Department rules adopted pursuant to Sections 403.91-.929, F.S. (1984 Supp.), as amended, which the District had the responsibility to enforce pursuant to a delegation, or any District rules adopted pursuant to Part IV, Chapter 373, F.S., relating to any other project or activity and efforts taken by the applicant to resolve these violations.  The Department's delegation to the District to enforce the rules adopted pursuant to Sections 403.91-.929, F.S. (1984 Supp.), as amended, is set forth in the “Operating Agreement Concerning Regulation under Part IV, Chapter 373, F.S., and Aquaculture General Permits under Section 403.814, F.S., between South Florida Water Management District and Department of Environmental Protection” October 27, 1998, incorporated by reference in Rule 40E-4.091, F.A.C.

Specific Authority 373.044, 373.113, 373.171, 373.414(9) FS. Law Implemented 373.042, 373.409, 373.413, 373.414, 373.416, 373.426, 380.23 FS. History–New 10-3-95, Amended 1-7-97, 12-3-98, 5-28-00,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anita R. Bain, Division Director, Natural Resource Management Division
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 14, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 22, 2006