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 ...

Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NOS.:RULE TITLES:
40E-4.010Review of Environmental Resource Permit Applications
40E-4.011Policy and Purpose
40E-4.021Definitions
40E-4.041Permits Required
40E-4.0415Permit Thresholds
40E-4.042Formal Determination of Wetlands and Other Surface Waters
40E-4.051Exemptions From Permitting
40E-4.0515Exemptions From Specified Review Criteria
40E-4.054Modification of Exempt Projects
40E-4.091Publications, Rules and Interagency Agreements Incorporated by Reference
40E-4.101Content of Permit Applications
40E-4.201Forms and Instructions
40E-4.205Permit Application Processing Fees
40E-4.301Conditions for Issuance of Permits
40E-4.302Additional Conditions for Issuance of Permits
40E-4.303Environmental Resource Permit Authorization
40E-4.305Conceptual Approvals
40E-4.321Duration of Permits
40E-4.331Modification of Permits
40E-4.341District Revocation or Modification of Permits
40E-4.351Transfer of Permits
40E-4.361Conversion from Construction Phase to Operation Phase
40E-4.381General Conditions
40E-4.451Emergency Authorization
PURPOSE AND EFFECT: The South Florida Water Management District (“District”) proposes to amend and/or repeal its rules 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 permitting (“ERP”) rules, which will be applicable statewide. These rules rely primarily upon existing rules of the DEP and WMDs, but were revised where necessary to achieve a more consistent, effective and streamlined approach in the state’s ERP program. To implement 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.  DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate amendments to existing rules and repeal of rules in which the subject matter will be addressed in Chapter 62-330, F.A.C.
SUMMARY:  The document “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District – May 20, 2012” (“Basis of Review”) previously incorporated by reference in Rule 40E-4.091, F.A.C., is proposed to be amended and renamed “Environmental Resource Permit Applicant’s Handbook, Volume II, For Use Within the Geographic Limits of the South Florida Water Management District.” (“AH Vol. II”)  AH Vol. II deletes provisions that will be addressed in or be made obsolete by the “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)” (“AH Vol. I”) which is proposed to be adopted by DEP.  AH Vol. II will be used in conjunction with AH Vol. I to implement the State’s ERP program within the boundaries of the South Florida Water Management District. The new and remaining provisions in AH Vol. II generally address: (1) design and performance standards, and criteria for water quality and quantity / flood control for stormwater management systems, works and other regulated activities, including alternative criteria for those systems; (2) explanations of standards and criteria pertaining to water management system design and construction water flows and levels, flood protection, and the design of dams; (3) explanations of basin criteria; (4) flexibility for state transportation projects; (5) water quality retrofits; (6) description of drainage basins and regional watersheds; and (7) description of District-specific thresholds and exemptions to be referenced in amended chapter 62-330. Hyperlinks to the materials incorporated by reference are added.

In addition, the District proposes to amend Rule 40E-4.010 to conform to DEP’s amendments to Chapter 62-330, F.A.C., by referencing Chapter 62-330, F.A.C., and to repeal Rules 40E-4.011, 40E-4.021, 40E-4.041, 40E-4.0415, 40E-4.042, 40E-4.051, 40E-4.0515, 40E-4.054, 40E-4.101, 40E-4.201, 40E-4.205, 40E-4.301, 40E-4.302, 40E-4.303, 40E-4.305, 40E-4.321, 40E-4.331, 40E-4.341, 40E-4.351, 40E-4.361, 40E-4.381, and 40E-4.451, F.A.C., as the substance of these rules 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 since most of the provisions being deleted are addressed in Chapter 62-330, F.A.C.
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 prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed form entitled “Is a SERC Required?” and summary and the analysis performed by District staff in preparing and completing those documents, the proposed rule amendments are 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: 120.54(5), 120.60, 373.016, 373.044, 373.103(8), 373.109, 373.113, 373.171, 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.441, 373.421, 380.06(9), 668.003, 668.004, 668.50, 704.06 FS.
LAW IMPLEMENTED: 120.54(5), 120.60, 373.016 373.019, 373.042, 373.086(1), 373.103, 373.117, 373.118(1), 373.229, 373.403 - 443, 380.069, 380.23, 403.031, 403.813(1), 403.813(2), 668.003, 668.004, 668.50, 695.26, 704.06 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-4.010 Review of Environmental Resource Permit Applications.

Environmental Resource permit applications are processed pursuant to the provisions of Section 120.60, F.S., Part VI of Chapters 40E-1, 62-330 and 28-106, F.A.C.

Rulemaking Authority 120.54(5), 120.60, 373.4131 FS. Law Implemented 120.54(5), 120.60, 373.4131 FS. History–New 7-2-98, Amended________.

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.

40E-4.011 Policy and Purpose.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.086(1), 373.103(1), 373.103(4), 373.403-.443 FS. History–New 9-3-81, Formerly 16K-4.01, Amended 4-20-94, 10-3-95, 12-1-11, 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.

40E-4.021 Definitions.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.019, 373.403-.443, 403.031, 668.003, 668.004, 668.50, 704.06 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-1.05(1), Amended 7-1-86, 4-20-94, 10-3-95, 4-1-96, 10-1-06, 3-22-09, 11-11-09, 12-1-11, 5-20-12, 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.

40E-4.041 Permits Required.

Rulemaking Authority 373.044, 373.113, 373.406(5) FS. Law Implemented 373.103, 373.413, 373.416, 373.426 FS. History–New 9-3-81, Amended 12-1-82, Formerly 16K-4.03(1), 16K-4.07(1), 16K-4.09(1), Amended 1-23-94, 4-20-94, 10-3-95, 4-1-96, 1-7-97, 7-22-07, 12-1-11, 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.

40E-4.0415 Permit Thresholds.

Rulemaking Authority 373.044, 373.113, 373.406(5) FS. Law Implemented 373.118(1), 373.413(1) FS. History–New 10-3-95, Amended 5-28-00, 6-26-02, 4-14-03, 12-1-11, 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.

40E-4.042 Formal Determination of Wetlands and Other Surface Waters.

Rulemaking Authority 373.043, 373.113, 373.421(2) FS. Law Implemented 373.421(2) FS. History–New 10-3-95, Amended 7-22-07, 12-1-11, 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.

40E-4.051 Exemptions From Permitting.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.406, 373.413, 373.416, 403.813(1), (2) FS. History–New 9-3-81, Amended 1-31-82, 3-9-83, Formerly 16K-4.02, Amended 4-20-94, 10-3-95, 5-28-00, 9-2-01, 4-14-03, 9-9-07, 12-1-11, 5-20-12, 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.

40E-4.0515 Exemptions From Specified Review Criteria.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.406, 373.413, 373.416, 403.813(2) FS. History–New 10-3-95, Amended 5-28-00, 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.

40E-4.054 Modification of Exempt Projects.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.406, 373.413, 373.416 FS. History–New 3-9-83, Amended 4-20-94, 10-3-95, 5-28-00, 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.

40E-4.091 Publications, Rules and Interagency Agreements Incorporated by Reference.

(1) The following publications, rules and interagency agreements are incorporated by reference herein:

(a) “Basis of Review for Environmental Resource Permit Applicant’s Handbook, Volume II For Use Within the Geographic Limits of Applications within the South Florida Water Management District, May 20, 2012 _______(date)”, http://www.flrules.org/Gateway/reference.asp?No=Ref-01045 __________(hyperlink), which incorporates the following forms or materials by reference:

1. Form No. 0972, Petition for a Formal Wetland and Surface Water Determination, May 20, 2012, http://www.flrules.org/gateway/reference.asp?No=Ref-01047, (referenced in Section 4.5.1);

2. Form No. 1019, Mitigation Bank Performance Bond to Demonstrate Construction/Implementation Financial Assurance, December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00069, (referenced in Section 4.4.4.7);

3. Form No. 1020, Mitigation Bank Irrevocable Letter of Credit to Demonstrate Construction/Implementation Financial Assurance, December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00070, (referenced in Section 4.4.4.7);

4. Form No. 1021, Mitigation Bank Standby Trust Fund Agreement to Demonstrate Construction/Implementation Financial Assurance, December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00071, (referenced in Section 4.4.4.7);

5. Form No. 1022, Mitigation Bank Trust Fund Agreement to Demonstrate Construction/Implementation Financial Assurance, December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00072, (referenced in Section 4.4.4.7);

6. Form No. 1023, Mitigation Bank Trust Fund Agreement to Demonstrate Perpetual Management Financial Assurance, December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00073, (referenced in Section 4.4.4.7);

7. Form No. 1024, Mitigation Bank Standby Trust Fund Agreement to Demonstrate Perpetual Management Financial Assurance, December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00074, (referenced in Section 4.4.4.7);

8. Form No. 1105, Performance Bond, December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00075, (referenced in Section 4.3.7.6);

9. Form No. 1106, Irrevocable Letter of Credit, December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00076, (referenced in Section 4.3.7.6);

10. Form No. 1190, Deed of Conservation Easement (Standard), December 2011 http://www.flrules.org/Gateway/reference.asp?No=Ref-00078, (referenced in Section 4.3.8);

11. Form No. 1191, Deed of Conservation Easement (Standard Passive Recreational), December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00079, (referenced in Section 4.3.8);

12. Form No. 1192, Deed of Conservation Easement (Standard Riparian), December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00080, (referenced in Section 4.3.8);

13. Form No. 1194, Deed of Conservation Easement (Third Party Standard), December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00081 (referenced in Section 4.3.8);

14. Form No. 1195, Deed of Conservation Easement (Third Party Passive Recreational), December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00082, (referenced in Section 4.3.8);

15. Form No. 1196, Deed of Conservation Easement (Third Party Riparian), December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00083, (referenced in Section 4.3.8);

16. Form No. 1197, Restrictive Covenant (Standard), December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00084, (referenced in Section 4.3.8);

17. Form No. 1318, Deed of Conservation Easement (Local Governments), December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00085, (referenced in Section 4.3.8);

1.18. Chapter 27, Article XIII, Wellfield Protection Ordinance, Broward County Code of Ordinances, last amended September 28, 1999, http://www.flrules.org/Gateway/reference.asp?No=Ref-00052;

2.19. Dade County Wellfield Protection Ordinance contour showing maximum limits (Section 24-43 Protection of Public Potable Water Supply Wells; Chapter 24 Environmental Protection; Code of Metropolitan Dade County, Florida; Codified through Ordinance No. 11-01, enacted January 20, 2011 (Supp. No. 68)), http://www.flrules.org/Gateway/reference.asp?No=Ref-00053.

(b) 50 C.F.R., section 17.12, April 8, 2004, http://www.flrules.org/Gateway/reference.asp?No=Ref-00044; and Rules 68A-27.003, December 16, 2003, http://www.flrules.org/Gateway/reference.asp?No=Ref-00092, 68A-27.004, May 15, 2008, http://www.flrules.org/Gateway/reference.asp?No=Ref-00444, and 68A-27.005, F.A.C., November 8, 2007, http://www.flrules.org/Gateway/reference.asp?No=Ref-00093.

(b)(c) Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between South Florida Water Management District and Department of Environmental Protection, July 1, 2007, http://www.flrules.org/Gateway/reference.asp?No=Ref-00055.

(c)(d) State water quality standards set forth in Chapters 62-4 April 21, 2009, http://www.flrules.org/Gateway/reference.asp?No=Ref-00034, 62-302, August 5, 2010,  http://www.flrules.org/Gateway/reference.asp?No=Ref-00035, 62-520, July 12, 2009, http://www.flrules.org/Gateway/reference.asp?No=Ref-00036, 62-522, July 12, 2009, http://www.flrules.org/Gateway/reference.asp?No=Ref-00037, and 62-550, F.A.C., September 18, 2007, http://www.flrules.org/Gateway/reference.asp?No=Ref-00038.

(d)(e) Chapter 62-312, Part IV, F.A.C., “Additional Criteria for Dredging and Filling Within Outstanding Florida Waters in Monroe County,” March 15, 2007, http://www.flrules.org/Gateway/reference.asp?No=Ref-00039.

(f) 40 C.F.R., section 264.143(f), for the purpose of providing financial responsibility and corporate guarantee requirements, July 14, 2006, http://www.flrules.org/Gateway/reference.asp?No=Ref-00057.

(g) Chapter 62-340, F.A.C., as ratified by Section 373.4211, F.S., for the purpose of delineating wetlands and other surface waters, July 1, 1994, http://www.flrules.org/Gateway/reference.asp?No=Ref-00040.

(h) 30 C.F.R., section 800.23 self-bonding provisions, January 14, 1988 http://www.flrules.org/Gateway/reference.asp?No=Ref-00056.

(e)(i) Delegation Agreement among the Florida Department of Environmental Protection, the South Florida Water Management District, and Broward County, (dated May 22, 2001), http://www.flrules.org/Gateway/reference.asp?No=Ref-00054.

(2) No change.

Rulemaking Authority 373.044, 373.103(8), 373.113, 373.171, 373.413, 373.4131, 373.441, 668.003, 668.004, 668.50, 704.06 FS. Law Implemented 373.413, 373.4131, 373.4135, 373.4137, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 373.441, 668.003, 668.004, 668.50, 695.26, 704.06 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(1), Amended 5-1-86, 7-1-86, 3-24-87, 4-14-87, 4-21-88, 11-21-89, 11-15-92, 1-23-94, 4-20-94, 10-3-95, 1-7-97, 12-3-98, 5-28-00, 8-16-00, 1-17-01, 7-19-01, 6-26-02, 6-26-02, 4-6-03, 4-14-03, 9-16-03, 12-7-04, 2-12-06, 10-1-06, 11-20-06, 1-23-07, 7-1-07, 7-22-07, 11-11-09, 7-1-10, 7-4-10, 12-15-11, 5-20-12,_________.

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.

NOTE:  The “Environmental Resource Permit Applicant’s Handbook, Volume II For Use Within the Geographic Limits of the South Florida Water Management District -  _____(date)______,” incorporated by reference in proposed paragraph 40E-4.091(1)(a), F.A.C., may be viewed at http://www.sfwmd.gov/rules.

40E-4.101 Content of Permit Applications.

Rulemaking Authority 373.016, 373.044, 373.113, 373.171, 668.003, 373.416, 668.004, 668.50 FS. Law Implemented 373.016, 373.117, 373.413, 373.416, 373.426, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.03(2), 16K-4.07(2), 16K-4.09(2), Amended 7-1-86, 11-21-89, 4-20-94, 10-3-95, 5-28-00, 4-14-03, 8-14-03, 2-12-06, 10-1-06, 12-1-11, 5-20-12, 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.

40E-4.201 Forms and Instructions.

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.118 FS. Law Implemented 120.53(1), 373.044, 373.113, 373.116, 373.118, 373.229, 373.413, 373.421 FS. History–New 10-3-95, Amended 12-1-11, 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.

40E-4.205 Permit Application Processing Fees.

Rulemaking Authority 373.044, 373.109, 373.113, 373.171, 373.421 FS. Law Implemented 373.109, 373.421 FS. History–New 10-3-95, 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.

40E-4.301 Conditions for Issuance of Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416, 373.426 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(2), 16K-4.30, Amended 7-1-86, 3-24-87, 4-14-87, 7-9-87, 4-21-88, 4-20-94, 10-3-95, 4-1-96, 1-7-97, 7-22-07, 12-1-11, 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.

40E-4.302 Additional Conditions for Issuance of Permits.

Rulemaking 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, 7-1-07, 7-22-07, 12-1-11, 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.

40E-4.303 Environmental Resource Permit Authorization.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416, 373.421 FS. History–New 10-3-95, Amended 12-1-11, 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.

40E-4.305 Conceptual Approvals.

Rulemaking Authority 373.044, 373.113, 373.171, 380.06(9) FS. Law Implemented 373.413, 373.416, 373.421(2), 380.06(9) FS. History–New 10-3-95, Amended 4-14-03, 12-1-11, 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.

40E-4.321 Duration of Permits.

Rulemaking Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 373.413, 373.416, 373.419, 373.426, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.07(4), Amended 7-1-86, 4-20-94, 10-3-95, 5-28-00, 10-1-06, 12-1-11, 5-20-12, 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.

40E-4.331 Modification of Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(1) FS. History–New 12-1-82, Formerly 16K-2.031(1), 16K-2.032(1)(a), Amended 7-1-86, 11-21-89, 4-20-94, 10-3-95, 12-1-11, 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.

40E-4.341 District Revocation or Modification of Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.429 FS. History–New 12-1-82, Amended 7-1-86, 4-20-94, 10-3-95, 7-2-98, 5-28-00, 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.

40E-4.351 Transfer of Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(2) FS. History–New 9-3-81, Amended 12-1-82, Formerly 16K-4.07(4), Amended 4-20-94, 10-3-95, 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.

40E-4.361 Conversion from Construction Phase to Operation Phase.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.413, 373.416 FS. History–New 10-3-95, Amended 1-7-97, 4-14-03, 9-16-03, 7-22-07, 12-1-11, 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.

40E-4.381 General Conditions.

Rulemaking Authority 373.044, 373.113, 373.171, 668.003, 668.004, 668.50 FS. Law Implemented 373.116, 373.229, 373.413, 373.416, 373.421, 373.422, 373.426, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.07(3), 16K-4.38, Amended 7-1-86, 4-20-94, 10-3-95, 1-7-97, 4-14-03, 9-16-03, 10-1-06, 7-22-07, 12-1-11, 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.

40E-4.451 Emergency Authorization.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119(2), 373.413 FS. History–New 9-3-81, Formerly 16K-4.13, Amended 10-3-95, 7-2-98, 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