The purpose and effect of this rulemaking is to incorporate into 40D-4.091, F.A.C., a proposed Applicant’s Handbook Volume II which, together with an Applicant’s Handbook Volume I to be adopted by the Department of Environmental Protection (DEP), ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.:RULE TITLE:
40D-4.091Publications, Forms and Agreements Incorporated by Reference
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to incorporate into Rule 40D-4.091, F.A.C., a proposed Applicant’s Handbook Volume II which, together with an Applicant’s Handbook Volume I to be adopted by the Department of Environmental Protection (DEP), will provide guidance to applicants seeking environmental resource permits (ERPs) under the new statewide ERP rules required by Section 373.4131, F.S.
SUMMARY: Section 373.4131, F.S., requires that the Department of Environmental Protection adopt statewide rules for implementation of the Environmental Resource Permit (ERP) program set forth in Part IV of Chapter 373, F.S. The statewide ERP rules will also apply to the state’s five water management districts and any delegated entities responsible for implementing the ERP program. As part of the statewide ERP rulemaking, and to promote greater consistency in rule implementation, the proposed statewide ERP rule under development by DEP will include adoption of an Applicant’s Handbook to provide guidance for applicants in understanding and addressing the requirements for obtaining an ERP. The Applicant’s Handbook will be prepared in two volumes. Volume I will be adopted by DEP for statewide use and will contain information concerning process and procedure, permit thresholds and conditions for issuance, environmental criteria, and operation and maintenance entities and requirements. Each water management district will adopt a Volume II for use within that specific district. Volume II will contain all district-specific performance criteria and design requirements relating to water quality, water quantity and any special basin criteria or other statutory requirements applicable within that water management district.
The District’s proposed Applicant’s Handbook Volume II, to be incorporated in Rule 40D-4.091, F.A.C., is based upon the District’s existing ERP Information Manual Part B, Basis of Review, with minor changes. Volume II will also be incorporated by reference into the statewide ERP rules under development by DEP, which will become Chapter 62-330, F.A.C. It is intended that the District’s Applicant’s Handbook Volume II will not become effective until DEP’s amendments to Chapter 62-330, F.A.C. to establish the statewide ERP rules take effect. Thus, the proposed effective date of the proposed rule amendments is July 31, 2013 or the date that amendments to Chapter 62-330, F.A.C, proposed by DEP to implement the statutory mandate in Section 373.4131, F.S., for statewide ERP rules, take effect, whichever is later.
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 not 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: There are no anticipated cost increases to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.
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: 373.044, 373.113, 373.118, 373.149, 373.171, 373.414, 373.4131 FS.
LAW IMPLEMENTED: 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4131(3)(a), 373.4144, 373.416, 373.429, 373.441 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103; or email to [e-mail].. 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: Sonya White, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2012023)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-4.091 Publications, Forms and Agreements Incorporated by Reference.

The following documents are hereby incorporated by reference and are applicable to this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1)  through (6) No change.

(7)     Southwest Florida Water Management District Environmental Resource Permitting Applicant’s Handbook Volume II (effective date). The document is available from the District’s website at www.WaterMatters.org/permits/rules and from the District upon request. Applicant’s Handbook Volume II applies only to permit applications, exemptions, notices and petitions for formal or informal delineations that are processed under the statewide environmental resource permit rule to be adopted by the Department of Environmental Protection as Chapter 62-330, F.A.C.

Rulemaking Authority 373.044, 373.046, 373.113, 373.171, 373.414, 373.4131 FS. Law Implemented 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-22-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08, 5-12-09, 5-17-09, 8-30-09, 11-2-09, 11-3-09, 12-9-09, 9-5-10, 12-8-10, 12-12-11, 12-29-11,________, (to 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 ).

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Assistant General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 26, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2012