The purpose and effect of this rulemaking is to amend rules of the South Florida Water Management District (“District”) consistent with Section 373.4131, F.S. (2012), which requires the Florida Department of Environmental Protection (“DEP”) in ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.:RULE TITLE:
40E-0.113Variances from Specified Review Criteria for Environmental Resource Permits
PURPOSE AND EFFECT: The South Florida Water Management District (“District”) proposes to repeal this rule to be consistent with Section 373.4131, F.S. (2012), which requires the Florida Department of Environmental Protection (“DEP”), in coordination with the five water management districts (“WMDs”), to develop environmental resource permit (“ERP”) rules, which will be applicable statewide. To implement Section 373.4131, F.S., DEP has published a Notice of Rule Development in the Florida Administrative Register and has posted preliminary draft rule text on its website at http://www.dep.state.fl.us/water/wetlands/swerp/index.htm. 
SUMMARY: This rule is proposed for repeal as its substance will be addressed in Chapter 62-330, F.A.C.
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.
There will be no adverse impact on small business as the District is proposing to repeal this rule.
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: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (“OFARR”) the form entitled “Is a SERC Required?” and a summary of the proposed rule amendments, which are both available upon request. Based on the completed form entitled “Is a SERC Required?”, and the summary and analysis performed by the District in preparing and completing those documents, the proposed rule repeal is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.
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, 373.171, 373.414(17) FS.
LAW IMPLEMENTED: 373.079, 373.083, 403.201 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 9, 2013, 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, 1(800)432-2045, ext. 2087 or [phone]. 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, Environmental Resource Permitting Bureau Chief, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6866 or [phone], [e-mail]. For procedural questions, contact Jan Sluth, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6299, or [phone], [e-mail]. Information on this rulemaking process can also be found at http://www.sfwmd.gov/rules

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-0.113 Variances from Specified Review Criteria for Environmental Resource Permits.

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, Repealed_________.

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.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anita R. Bain, Environmental Resource Permitting Bureau Chief
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012