Procedures to Obtain Permits and Other Authorizations; Applications, Annual Operating License Fees for Public Water Systems

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-4.050: Procedures to Obtain Permits and Other Authorizations; Applications
62-4.053: Annual Operating License Fees for Public Water Systems

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 2, January 16, 2009 issue of the Florida Administrative Weekly.

62-4.050 Procedures to Obtain Permits and Other Authorizations; Applications.

(1) through (3) No change.

(4) Processing fees are as follows:

(a) through (d) No change.

(e) Wetland Resource Management (Dredge and Fill) Permits. This paragraph pertains to projects that have been grandfathered according to Sections 373.414(11) (1994 Supp.), (12)(a) (1994 Supp.), (13), (14), (15) or (16), F.S., and projects, or portions thereof, located in the Northwest Florida Water Management District.

1. through 2. No change.

3. Mitigation Banks.

a. through d. No change.

e. Major modifications involving changes to one or more of the following components: service area; credit assessment; success or release criteria; hydrologic structures or alterations; construction or mitigation design that does not increase the project area; elimination of lands; or monitoring or management plans:

(I) Affecting one of the above components                           $1,340

(II) Affecting two of the above components                          $2,680

(III) Affecting three of the above components                      $4,020

4. Modifications:

a. Major modifications of Standard Form and Short Form Permits, as determined by Rule 62-312.100, F.A.C., and mitigation banks under Chapter 62-342, F.A.C., that increase the project area or involve four or more of the components listed in sub-subparagraph 62-4.050(4)(e)3.e., F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above;

Same fee as for a new application for the activity

b. Minor modifications of Standard Form and Short Form Permits, including mitigation banks, where the modification will not require substantial technical evaluation by the Department, will not lead to substantially different environmental impacts or will lessen the impacts of the original permit, and as further determined by Rule 62-312.100, F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above:

(I) through (VI) No change.

5. through 9. No change.

(f) Mangrove Alteration and Trimming.

1. through 7. No change.

8. Variance under Section 403.9333 403.9334, F.S.            $170

(g) No change.

(h) Environmental Resource Permits. For individual, conceptual approval or standard general permit applications under Part IV of Chapter 373, F.S., that involve a combination of the fee categories listed in subparagraphs 1. and 2. below, the highest fee in these subparagraphs that applies to the project in question shall be the correct application fee.

1. No change.

2. Standard Permits and Standard General Permits (those systems below the thresholds listed in subparagraph 1. above):

a. through b. No change.

c. For a system serving a project with a total land area of less than 1 acre or more, with the following additional activities:

(I) through (III) No change.

d. No change.

3. Mitigation Banks

a. through d. No change.

e. Major modifications involving changes to one or more of the following components: service area; credit assessment; success or release criteria; hydrologic structures or alterations; construction or mitigation design that does not increase the project area; elimination of lands; or monitoring or management plans:

(I) Affecting one of the above components                           $1,340

(II) Affecting two of the above components                          $2,680

(III) Affecting three of the above components                      $4,020

4. through 5. No change.

6. Variances:

a. Under Section 373.414(17), F.S.

(I) From the prohibition of work in Class II Waters, approved for shellfish harvesting                 $170 $100

(II) No change.

b. No change.

7. Modifications:

a. Major modifications of Individual (including Conceptual Approval) and Standard General Permits, as defined in paragraph 62-343.100(1)(b), F.A.C., and mitigation bank permits under Chapter 62-342, F.A.C., that increase the project area or involve four or more of the components listed in 62-4.050(4)(h)3.e., F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above;

Same fee as for a new application for the activity

b. Minor modifications of Individual (including Conceptual Approval) and Standard General Permits, and mitigation bank permits, where the modification will not require substantial technical evaluation by the Department, will not lead to substantially different environmental impacts or will lessen the impacts of the original permit, and as further defined in paragraph 62-343.100(1)(a), F.A.C., other than for Class I solid waste disposal facilities:

(I) through (VI) No change.

8. No change.

(i) Petitions for Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters:

1. Petitions for Formal Determinations

a.1. Petition application fees shall be based on the acreage of the entire property for which the petition is filed, according to the following schedule:

a. through f. renumber (I) through (VI) No change.

b.2. No change.

2. Requests for Informal Determinations                               $100

(n) Drinking Water (Public Water Supply) Permits.

1. Construction permit for each Category I through III treatment plant, as defined in Rule 62-699.310, F.A.C., with treatment other than disinfection only.

a. through e. No change.

2. Construction permit for each Category IV treatment plant, as defined in Rule 62‑699.310, F.A.C., with treatment other than disinfection only.

a. through f. No change.

3. Construction permit for each Category V treatment plant, as defined in Rule 62‑699.310, F.A.C., – Disinfection only.

a. through e. No change.

4. through 8. No change.

(o) through (y) No change.

(z) The fees in paragraphs (e) through (i) and (n) shall be increased March 1, 2013, and at subsequent 5-year intervals, to adjust the fees for inflation bring the fees up-to-date using the percentage change in the annual CPI average rate for each year of the five-year interval. The annual CPI average rate shall be calculated by averaging the previous five years of Consumer Price Index figures for the “CPI-U, U.S. City Average, All Items” established 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). The Department shall use the percentage change in the Consumer Price Index from March 2008 to Decemb er 2012 for the 2013 fee calculations and the percentage change in the rates from March to December for subsequent five-year periods. The Department shall round any increased fees to the next highest whole ten dollar increment. In the event of deflation during the 5-year interval, the Department shall consult with the Executive Office of the Governor and the Legislature to determine whether downward fee adjustments are appropriate based on the current budget and appropriation considerations.

(5) through (8) No change.

62-4.053 Annual Operating License Fees for Public Water Systems.

(1) Scope and Intent. As authorized in Section 403.087(6), F.S., this rule implements annual regulatory program and surveillance fees (operating license fees) for public drinking water systems. These fees effect the legislative intent that the Department's costs for administering the Florida Safe Drinking Water Act be borne by regulated parties. As such, the annual operating license fees are applicable only to public water systems subject to regulation under Chapters 62-550, 62-555 and 62-560, F.A.C., pursuant to Section 403.0885, F.S.

(2) through (8) No change.

Specific Authority 403.061, 403.861(7), 403.861(8) FS. Law Implemented 403.087(6), 403.0885 FS. History–New ________.

 

STATEMENT OF ESTIMATED REGULATORY COST: Based on receipt of a lower cost regulatory alternative, the Department has amended its SERC, which is available from the contact person.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED CHANGE IS: Jim Stoutamire, Florida Department of Environmental Protection, Division of Water Resource Management, 2600 Blair Stone Road – MS 3500, Tallahassee, FL. 32399-2400, telephone [phone], or e-mail: [e-mail]. Further information and updates on development of this rule also may be obtained from the Department’s Internet site at: www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC #08-1684)