The purpose and effect of this rulemaking is to amend rules of the Suwannee River Water Management District (District) consistent with section 373.4131, F.S., which requires the Florida Department of Environmental Protection (DEP) in coordination ...  

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    WATER MANAGEMENT DISTRICTS
    Suwannee River Water Management District

    RULE NOS.:RULE TITLES:
    40B-1.706Fees
    40B-1.707Variances from Specific Rule Criteria for Works of the District Permits
    40B-1.7075Point of Entry into Proceedings and Mediation
    40B-1.901General
    PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to amend rules of the Suwannee River Water Management District (District) consistent with Section 373.4131, F.S., which requires the Florida Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permit (ERP) rules. These rules are to rely primarily upon existing rules of DEP and the WMDs, but may be revised as necessary to achieve a more consistent, effective, and streamlined approach in the state’s ERP program. To implement Section 373.4131, F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. DEP also intends to incorporate by reference documents that will be known as an Applicant’s Handbook (AH). Two volumes of the AH will apply in each WMD: (1) one volume that will include general and environmental criteria and procedures and forms, which volume will apply statewide (AH Volume I); and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD. DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate changes to the District’s Chapter 40B-1, F.A.C.
    SUMMARY: This proposed rule will update the fees to be consistent with the other WMDs and DEP. In addition, the proposed rules will add a section which provides the procedures for applicants to apply for a variance for a work of the district and a section that will add the procedures for Point of Entry into Proceedings and Mediation. Lastly, some of the District’s forms, such as the ERP application will be repealed.
    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 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:
    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: 120.54(5), 373.044, 373.113 FS.
    LAW IMPLEMENTED: 120.54(5), 120.60, 369.316, 369.318, 373.016(2), 373.085, 373.106, 373.109, 373.118, 373.119, 373.171, 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.418, 373.426, 373.439, 403.812, 403.813 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Leroy Marshall II, Senior Professional Engineer, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only).

    THE FULL TEXT OF THE PROPOSED RULE IS:

    40B-1.100 through 40B-1.705 No change

    40B-1.706 Fees.

     

    (1)   through (2) No change.

    (3) Fees for Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters.

    (a) Subsection 373.421(2), F.A.C., authorizes the governing board to require fees to process and act on a petition for formal determination of the landward extent of wetlands and other surface waters. Petition application fees shall be due at the time of filing the petition and shall be nonrefundable. Such fees shall be based on the total acreage of the property for which a request for formal determination is filed, according to the following schedule:

    1. Properties less than 1 acre

    $250

    2. Properties at least 1 acre but less than 10 acres

    $550

    3. Properties at least 10 acres but less than 40 acres

    $750

    4. Properties at least 40 acres but less than 100 acres

    $1,500

     

    5. For properties 100 acres or larger, the fee shall be $1,500 for the first 100 acres and $200 per each additional 100 acres (or portion thereof).

    (b) For a new formal determination that covers property on which a valid formal determination exists the fee shall be $250, provided:

    1. The petition for the new formal determination is filed within 60 days of the date of expiration of the existing formal determination;

    2. The physical conditions of the property have not changed, other than changes authorized by permit, so as to alter the boundaries of wetlands or other surface waters; and

    3. The methodology for determining the landward extent of the wetlands and other surface waters as authorized by Sections 373.421 and 373.4211, Florida Statutes, has not been amended since the date the existing formal determination was issued.

    (c) For petitions for determinations made as part of an application for a permit required by district rules, the fees enumerated above shall be supplemental to any applicable permit fee identified in tables 1.A. through 1.B. below.

    (4) Any portion of the fees enumerated in this rule in excess of $100 shall be waived for any city or county government upon receipt of a certification from such city or county of hardship required in Chapter 94-278, Laws of Florida. Any such certification shall be presumed to be valid for the entire fiscal year of the city or county during which certification is made unless the certification clearly indicates a duration to the contrary.

    TABLE 1.A. SCHEDULE OF PERMIT FEES

     

    WATER USE PERMITS

     

    General Water Use Permits Less than 10,000 GPD-ADR per paragraph 40B-2.041(4), F.A.C.

    $100

    Modification or Renewal

    $50

    General Water Use Permits 10,000 GPD-ADR or more and less than 2,000,000 GPD-ADR

    as per paragraph 40B-2.041(4), F.A.C.

    $230

    Modification or Renewal

    $115

    Individual or Conceptual Approval Water Use Permits per subsection 40B-1.703(3) and

     

    paragraph 40B-2.041(5), F.A.C.

    $530

    Modification or Renewal

    $265

    TABLE 1.B. SCHEDULE OF FEES

     

    ENVIRONMENTAL RESOURCE AND WORKS OF THE DISTRICT PERMITS

     

    General Permit for Agriculture Activities per paragraph 40B-4.2010(1)(b), F.A.C.

    $250

    Modification per subsection 40B-4.1110(4), F.A.C.

    $200

    Transfer per subsection 40B-4.1130(3), F.A.C.

    $150

    Noticed General Permit for Minor Activities per Rules 40B-400.417, 40B-400.427,

     

    40B-400.431, 40B-400.439, 40B-400.453 through 40B-400.457, 40B-400.463,

     

    40B-400.467, F.A.C.

    $100

    General Permits specified in paragraph 40B-4.2010(2)(b), F.A.C., as follows:

     

    Projects Less Than 1 Acre and No Construction or Alteration in, or over

     

    Wetlands or Other Surface Waters.

    $250

    Modification per subsection 40B-4.1110(4), F.A.C.

    $200

    Transfer per subsection 40B-4.1130(3), F.A.C.

    $150

    Projects Less Than 40 Acres and No Construction or Alteration in, on or over

     

    Wetlands or Other Surface Waters.

    $700

    Modification per subsection 40B-4.1110(4), F.A.C.

    $500

    Transfer per subsection 40B-4.1130(3), F.A.C.

    $150

    Projects Less Than 100 Acres and No Construction or Alteration in, on or over

     

    Wetlands or Other Surface Waters.

    $1,000

    Modification per subsection 40B-4.1110(4), F.A.C.

    $750

    Transfer per subsection 40B-4.1130(3), F.A.C.

    $150

    Projects Less Than 100 Acres with Up to 1 Acre of Construction or Alteration

     

    in, on or over Wetlands or Other Surface Waters.

    $1,600

    Modification per subsection 40B-4.1110(4), F.A.C.

    $1,200

    Transfer per subsection 40B-4.1130(3), F.A.C.

    $150

    Projects Less Than 40 Acres with Up to 1 Acre of Construction or Alteration in,

     

    on or over Wetlands or Other Surface Waters.

    $1,000

    Modification per subsection 40B-4.1110(4), F.A.C.

    $750

    Transfer per subsection 40B-4.1130(3), F.A.C.

    $150

    Projects Greater Than 40 Acres but Less Than 100 Acres with Up to 1 Acre

     

    Construction or Alteration in, on or over Wetlands or Other Surface Waters.

    $1,600

    Modification per subsection 40B-4.1110(4), F.A.C.

    $1200

    Transfer per subsection 40B-4.1130(3), F.A.C.

    $150

    TABLE 1.B. SCHEDULE OF FEES

     

    ENVIRONMENTAL RESOURCE AND WORKS OF THE DISTRICT PERMITS

     

    (Continued)

     

    General Work of the District Development Permit per Rule 40B-4.3010, F.A.C.

    $250

    Individual Operations and Maintenance Permit for Existing Projects Permitted per

     

    Rule 40B-4.1040 and paragraph 40B-4.1070(1)(e), F.A.C.

    $1,750

    Individual Permit for all Other Projects Not Specified Below with No

     

    Construction or Alteration in, on or over Wetlands or Other Surface Waters per

     

    Rule 40B-4.1040, F.A.C.

    $2,500

    Modification per subsection 40B-4.1110(4), F.A.C.

    $1,250

    Transfer per subsection 40B-4.1130(3), F.A.C.

    $150

    Individual Permits with a Total Acreage of Construction or Alteration in, on or

     

    over Wetlands or Other Surface Waters as follows:

     

    Up to 2 acres

    $3,000

    >2 up to 5 acres

    $4,000

    >5 up to 10 acres

    $5,500

    >10 up to 50 acres

    $6,500

    >50 up to 100 acres

    $8,000

    More than 100 acres

    $10,000

    Modifications per subsection 40B-4.1110(4), F.A.C.

    $3,000

    Transfer per subsection 40B-4.1130(3), F.A.C.

    $150

    Conceptual Approval Permits

    $5,600

    Individual Permit for New Landfills per Rule 40B-4.1040, F.A.C.

    $8,350

    Modification per subsection 40B-4.1110(4), F.A.C.

    $3,800

    Modification per subsection 40B-4.1110(5), F.A.C., and Transfer per subsection 40B-4.1130(3), F.A.C.

    $1,300

    Individual Permit for Existing Landfills per Rule 40B-4.1040 and

     

    paragraph 40B-4.1070(1)(e), F.A.C.

    $9,500

    Modification per subsection 40B-4.1110(4), F.A.C.

    $3,800

    Modification per subsection 40B-4.1110(5), F.A.C., and Transfer per subsection 40B-4.1130(3), F.A.C.

    $1,300

    Variances Associated With an Environmental Resource Permit Application

     

    Variances from paragraph 40B-400.104(1)(c), F.A.C.

    $100

    Other variances pursuant to Rule 40B-400.191, F.A.C.

    $500

    Mitigation Banks and Mitigation Bank Conceptual Approval Permits

    $4,000

    Modification of Mitigation Bank Permits or Mitigation Bank Conceptual

     

    Approvals Where the Total Land Area of the Project Is Not Increased

    $700

    Modification of Mitigation Bank Permits or Mitigation Bank Conceptual Permits

     

    Where the Total Land Area of the Project Is Increased

    $2,000

    Use of the reviewing agency’s electronic self-certification system

    $0

    Verification of exemption under 373.406, , F.S., 403.813, F.S., 62-330, F.A.C., or 40B-4, F.A.C.

    $100

    Verification of qualification to use a General Permit under 62-330, F.A.C., or Noticed General under 40B-4, F.A.C.

    $250

    Variance or Waiver under 120.542, F.S.

    $0

    All other Variances or Waivers

    $550

    Works of the District General Permits

    $490

    Modification of a Works of the District General Permit

    $245

    All Individual or Conceptual Approval Permits under 62-330, F.A.C. or 40B-4, F.A.C.:

     

    (1)   New applications – the processing fee for a new permit application shall be as determined from the categories below:

     

    (a)    Total project area of less than 10 acres, with no works in, on, or over wetlands and other surface waters, and no boat slips

    $490

    (b)   Total project area of less than 10 acres that does not meet (1)(a), above, but that involves less than 1 acre of works (i.e. dredging, filling, construction, or alteration) in, on or over wetlands and other surface waters, AND less than 10 new boat slips

    $1,190

    (c)    Project exceeds any of the thresholds in (1)(b), above, but involves a total project area of less than 40 acres, less than 3 acres of works in, on or over wetlands and other surface waters, AND less than 30 new boat slips

    $2,110

    (d)   Project exceeds any of the thresholds in (1)(c), above, but involves a total project area of less than 100 acres, less than 10 acres of works in, on or over wetlands and other surface waters, AND less than 50 new boat slips

    $5,610

    (e)    Project exceeds any of the thresholds in (1)(d), above, but involves a total project area of less than 640 acres, AND less than 50 acres of works in, on or over wetlands and other surface waters

    $9,120

    (f)    Project exceeds any of the thresholds in (1)(e), above

    $11,220

    (g)    Projects that are exclusively agricultural or silvicultural, and that involve a total project area of less than 10 acres AND less than 1 acre of works (i.e. dredging, filling, construction, or alteration) in, on or over wetlands and other surface waters

    $250

    (h)   Projects that are exclusively agricultural or silvicultural, and that exceed any of the thresholds in (1)(g), above, but involves a total project area of less than 40 acres AND less than 3 acres of works in, on or over wetlands and other surface waters

    $1,055

    (i)     Projects that are exclusively agricultural or silvicultural, and that exceed any of the thresholds in (1)(h), above, but involve a total project area of less than 100 acres AND less than 10 acres of works in, on or over wetlands and other surface waters

    $2,805

    (j)     Projects that are exclusively agricultural or silvicultural, and that exceed any of the thresholds in (1)(i), above, but involve a total project area of less than 640 acres AND less than 50 acres of works in, on or over wetlands and other surface waters

    $4,590

    (k)   Projects that are exclusively agricultural or silvicultural, and that exceed any of the thresholds in (1)(j), above

    $5,610

    (l)     Individual or Conceptual Permits 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.  For the purposes of this provision, the term “environmental restoration or enhancement” means an action or actions designed and implemented solely to convert degraded or altered uplands, wetlands, or other surface waters to intact communities typical of those historically present, or to improve the quality and condition of currently degraded wetlands or other surface waters to a more healthy, functional, and sustaining condition for fish, wildlife, and listed species

    $250

    (m) Individual or Conceptual Permit solely to retrofit an existing stormwater management system or systems to add treatment to and reduce stormwater pollutant loadings from the system or systems

    $250

    (2)   All Major Modifications including those that exceed any of the thresholds in 62-330.315(3), F.A.C.:

    50% of (1)

    (3)   All Minor Modifications including those that do not exceed any of the thresholds in subsection 62-330.315(3), F.A.C.:

     

    (a)    Transfers or Time Extensions of Permits, where not exempted from fees under Florida Statutes

    $0

    (b)   Minor Modifications to correct minor errors that do not involve technical review, or to incorporate changes requested by the reviewing agency

    $0

    (c)    All other Minor Modifications

    25% of (1)

    Resubmittal of an application that was previously withdrawn or administratively denied, in accordance with paragraph 62-330.090(1)(b), F.A.C. The Agency shall apply the processing fee paid when the previous application was submitted to the fee required for the new application. If the resubmitted application would require a greater fee, only the additional portion shall be required.

     

    New Determinations of the Landward Extent of Wetlands and Other Surface Waters

     

    (1)   Informal Determinations, where:

     

    (a)    Total area to be included in the determination is up to 1 acre

    $100

    (b)   Additional fee per acre (or portion thereof) beyond the first, total fee not to exceed $500

    $50

    (2)   Formal Determinations, where:

     

    (a)    Total area to be included in the determination is less than 10 acres

    $860

    (b)   Total area to be included in the determination is at least 10, but less than 40 acres

    $1,180

    (c)    Total area to be included in the determination is at least 40, but less than 100 acres

    $2,370

    (d)   Total area to be included in the determination is at least 100

    $2,370

    (e)    Additional fee per 100 acres (or portion thereof) beyond the first 100 acres

    $200

    Reissuance of Informal Determinations

    $50

    Reissuance of Formal Determinations, in accordance with 62-330.201(5), F.A.C.

    $350

    Application for any activity when submitted by the Department of Defense

    $0

    Any fee in excess of $100, as determined by this section, shall be reduced to this amount, which shall not exceed $100, for public projects when the applicant is a county or municipality (or under contract thereto) that qualifies under Section 218.075, F.S.

    $100

    This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

    Rulemaking Authority 373.044, 373.109, 373.113, 373.118, 373.171 FS. Law Implemented 218.075, 373.109 FS. History–New 6-16-88, Amended 11-25-90, 12-22-92, 10-16-94, 11-8-94, 10-3-95, 1-3-96, 6-22-99, 5-6-12,_________.

    40B-1.707 Variances from Specific Rule Criteria for Works of the District Permits.

    (1) The Governing Board is authorized to grant a variance from the provisions of Section 373.414, F.S., and Rule 40B-4.3030, F.A.C., pursuant to Section 403.201, F.S. The variance under this rule is provided in addition to the variance and waiver procedures set forth in Chapter 28-104, F.A.C., which implements Section 120.542, F.S.

    (2) A person seeking a variance must demonstrate that any hardship asserted as a basis of the need for a variance is peculiar to the affected property and not self-imposed and that the grant of a variance will be consistent with the general intent and purpose of this chapter.

    (3) Any person seeking a variance shall file a petition for a variance that contains the following information:

    (a) The petitioner’s name and signature.

    (b) The statute or rule from which the variance is sought.

    (c) Facts showing that a variance should be granted for one of the reasons set forth in Section 403.201, F.S.

    (d) The time period for which the variance is sought, not to exceed the time period permitted by law, including the reasons and facts supporting the time period.

    (e) The requirements which the petitioner can meet including the date or time when the requirements will be met.

    (f) The steps or measures the petitioner is taking to meet the requirement from which the variance is sought.  The petitioner shall include a schedule when compliance will be achieved.

    (g) The social, economic and environmental impacts on the applicant, residents of the area and of the state if the variance is granted.

    (h) The social, economic and environmental impacts on the applicant, residents of the area and of the state if the variance is denied.

    (4) The District shall review the application within a reasonable period of time after receipt to determine if the application is complete. If the application is determined to be incomplete, the applicant shall be afforded an opportunity to supply additional information before the District evaluates the merits of the request.

    (5) The District shall grant or deny a petition for variance or waiver within 90 days after receipt of the original petition, the last item of timely requested additional material, or the petitioner’s written request to finish processing the petition.

    (6) The District shall prepare a notice of proposed agency action regarding the petition for a variance. The District shall publish this notice one time in the Florida Administrative Weekly, and one time in a newspaper of general circulation, as defined in Section 50.031, F.S., in the county in which the property for which the variance is sought is located.

    (7) Renewals of variances shall be applied for in the same manner as the initial variance.

    This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

    Rulemaking Authority 373.044, 373.113, 373.171, 373.414(17) FS. Law Implemented 403.201 FS. History–New 9-2-98, Amended 6-12-00, 6-26-02, ________.

    40B-1.7075 Point of Entry into Proceedings and Mediation.

    (1) Point of entry into proceedings determining substantial interests are governed by Rule 28-106.111, F.A.C., and this section.

    (a) “Receipt of written notice of agency decision” as set forth in Rule 28-106.111, F.A.C., means receipt of either written notice through regular United States mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action.

    (b) If notice is published pursuant to this chapter, publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received.

    (2) If the Board takes action which substantially differs from the notice of intended agency decision, the applicant or persons who may be substantially affected shall have an additional point of entry pursuant to Section 28-106.111, F.A.C., unless otherwise provided by law. The Board action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed.

    (3) Notwithstanding Rule 28-106.111, F.A.C., intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373.427, F.S., shall provide a 14 day point of entry to file petitions for administrative hearing under Rule 28-106.111, F.A.C.

    This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

    Rulemaking Authority 120.54(5), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended 6-12-00, 3-22-09, ______.

    40B-1.709 through 40B-1.813 No change.

     

    40B-1.901 General.

    The District maintains a list of forms which is updated annually and is available upon request. All district forms and instructions may be obtained at the District headquarters or on the District’s website requested by mail or telephone and are hereby incorporated by reference as follows:

    (1) Form number 40B-2.041A, The form entitled Water Use Permit Status Form, form number 40B-2.041A, is incorporated by reference in Rule 40B-2.041, F.A.C.;

    (2) Form number 40B-2.041B, The form entitled Application for Water Use Permit Agricultural Use, form number 40B-2.041B, is incorporated by reference in Rule 40B-2.041, F.A.C.

    (3) Form number 40B-2.041C, The form entitled Application for Water Use Permit Augmentation/Other Use, form number 40B-2.041C, is incorporated by reference in Rule 40B-2.041, F.A.C.;

    (4) Form number 40B-2.041D, The form entitled Application for Water Use Permit Commercial Use, form number 40B-2.041D, is incorporated by reference in Rule 40B-2.041, F.A.C.;

    (5) Form number 40B-2.041E, The form entitled Application for Water Use Permit Potable Water Supply Use, form number 40B-2.041E, is incorporated by reference in Rule 40B-2.041, F.A.C.;

    (6) Form number 40B-2.351A, The form entitled Water Use Permit Transfer Form, form number 40B-2.351A, is incorporated by reference in Rule 40B-2.351, F.A.C.;

    (7) The form previously incorporated in this subsection is no longer valid;

    (8) The form previously incorporated in this subsection is no longer valid;

    (9) The form previously incorporated in this subsection is no longer valid;

    (10) 40B-1.901(10) Notice of Intent to Construct a Minor Surface Water Management System Pursuant to paragraph 40B-4.2010(1) or (2)(a), F.A.C., Effective January 29, 2001;

    (7)(11) Form number 40B-4.3020, The form entitled Application for a General Work of the District Development Permit for District Floodways, form number 40B-4.3020A, is incorporated by reference in Rule 40B-4.3020, F.A.C.;

    (12) The form entitled Petition for a Formal Wetland and Surface Water Determination, form number 40B-400.046A, is incorporated by reference in Rule 40B-400.046, F.A.C;

    (13) 40B-1.901(13) Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Effective January 29, 2001;

    (14) 40B-1.901(14) Construction Commencement Notice, Effective January 29, 2001;

    (15) 40B-1.901(15) Annual Status Report, Effective January 29, 2001;

    (8) Form number 40B-1.901(A), As-Built Certification by the Permittee, Effective January 29, 2001.

    (9) Form number 40B-1.901(B), As-Built Certification by the Operation and Maintenance Entity, Effextive January 29, 2001.

    (10)(16) Form number 40B-1.901(16)(C), As-Built Certification by a Registered Professional, Effective January 29, 2001; and

    (11) Form number 40B-1.901(D), Transfer to Operation and Maintenance Entity (17) 40B-1.901(17) Notice of Intent to Construct, Operate, Maintain, Alter, Abandon, or Remove a Minor Silvicultural System Pursuant to Rule 40B-400.500, F.A.C., Effective May 15, 2005.

    This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

    Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 9-15-81, Amended 3-17-88, 12-21-88, 10-8-89, 6-17-93, 10-3-95, 1-3-96, 6-22-99, 1-29-01, 5-15-05, 7-7-08, 4-1-10,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Leroy Marshall II, Senior Professional Engineer, SRWMD, 9225 C.R. 49, Live Oak, Florida, 32060, (386)362-1001 or (800)226-1066 (FL only).
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the Suwannee River Water Management District
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 12, 2013
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012

Document Information

Comments Open:
3/22/2013
Summary:
This proposed rule will update the fees to be consistent with the other WMDs and DEP. In addition, the proposed rules will add a section which provides the procedures for applicants to apply for a variance for a work of the district and a section that will add the procedures for Point of Entry into Proceedings and Mediation. Lastly, some of the District’s forms, such as the ERP application will be repealed.
Purpose:
The purpose and effect of this rulemaking is to amend rules of the Suwannee River Water Management District (District) consistent with section 373.4131, F.S., which requires the Florida Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permit (ERP) rules. These rules are to rely primarily upon existing rules of DEP and the WMDs, but may be revised as necessary to achieve a more consistent, ...
Rulemaking Authority:
120.54(5), 373.044, 373.113, F.S.
Law:
120.54(5), 120.60, 369.316, 369.318, 373.016(2), 373.085, 373.106, 373.109, 373.118, 373.119, 373.171, 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.418, 373.426, 373.439, 403.812, 403.813 FS.
Contact:
Leroy Marshall II, Senior Professional Engineer, SRWMD, 9225 C.R. 49, Live Oak, Florida, 32060, (386)362-1001 or (800)226-1066 (FL only).
Related Rules: (4)
40B-1.706. Fees
40B-1.707. Variances from Specific Rule Criteria for Works of the District Permits
40B-1.7075. Point of Entry into Proceedings and Mediation
40B-1.901. General