Incorporate by reference updated Operating Agreements Concerning Regulation Under Part IV of Chapter 373, F.S., between the Department and the Suwannee River Water Management District (SRWMD), St. Johns River Water Management District (SJRWMD), ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-113.100: Purpose
PURPOSE AND EFFECT: Incorporate by reference updated Operating Agreements Concerning Regulation Under Part IV of Chapter 373, F.S., between the Department and the Suwannee River Water Management District (SRWMD), St. Johns River Water Management District (SJRWMD), Southwest Florida Water Management District (SWFWMD), and South Florida Water Management District (SFWMD). When this rule becomes effective, the updated Operating Agreements will supersede the October 27, 1998, Operating Agreements Concerning Regulation Under Part IV, Chapter 373, F.S., between the Department and the SFWMD [#98-2, as adopted by reference in paragraph 62-113.100(3)(e), F.A.C.], SRWMD [#98-3, as adopted by reference in paragraph 62-113.100(3)(k), F.A.C.], SWFWMD [#98-4, as adopted by reference in paragraph 62-113.100(3)(p), F.A.C.], and SJRWMD [#98-5, as adopted by reference in paragraph 62-113.100(3)(t), F.A.C.].
SUMMARY: The Operating Agreements between the Department and the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts (Districts) provide a division of responsibility between the Department and each water management district (District) regarding permitting, compliance, and enforcement under Part IV of Chapter 373, F.S., mitigation banking under Sections 373.4135 and 373.4136, F.S., and wetland determinations under Sections 373.421(2) through (5), F.S. The updated Operating Agreements will: (1) clarify the division of responsibilities for activities associated with domestic or industrial wastewater treatment activities and potable water facilities; (2) clarify the types of mining activities that will be retained by the Department; (3) provide for District review and agency action on utility lines that are contained within larger plans of development for which the Districts are otherwise responsible; (4) provide that the South Florida Water Management District will review boat docks associated with residential developments, including where the upland development qualified for a no-notice general permit under Rule 40E-400.315, F.A.C.; (5) return to the Department the responsibility for review and agency action on docking facilities and seawalls within the Mosquito Lagoon, Banana River, and Indian River associated with projects that are otherwise the responsibility of the Department within the St. Johns River Water Management District; (6) provide a revision of the threshold for the Districts to review single family dwelling units, duplexes, triplexes, and quadruplexes associated with four or more contiguous lots under single ownership; (7) revise the division of responsibilities for mitigation banks and Regional Offsite Mitigation Areas; (8) clarify the process for review or transfer of incorrectly submitted applications and modifications of stormwater systems previously authorized under Chapters 17-25 or 62-25, F.A.C.; (9) add an additional provision for Special Case Agreements between the Department and the Districts; (10) eliminate the District’s responsibilities for reviewing and taking agency action on aquaculture activities; and (11) clarify the responsibilities for coordinating compliance and enforcement actions that include violations on state owned submerged lands.
The Agreements will be executed by both the Department and the Districts. Concurrent rulemaking is being conducted by each District to incorporate the updated Agreement into the rules of the respective District.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.043, 373.046, 373.418, 403.061 FS.
LAW IMPLEMENTED: 373.026, 373.046, 373.441, 403.061, 403.182 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Heathcock, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources – MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone], or e-mail: [e-mail]. Further information and updates on this proposed rule also may be obtained from the Department’s Web Site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC No.: 07-0080)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-113.100 Purpose.

This rule chapter lists the delegation agreements which have been entered into by the Department with another state agency, political subdivision or water management district, and which delegate any of the Department's duties and responsibilities under Chapters 253, 373, 376 and 403, Florida Statutes, and Rule Title 62, F.A.C Florida Administrative Code. This rule chapter additionally lists the agreements with water management districts which specify that the Department is exercising any of its independent regulatory authorities pursuant to Chapter 373, F.S.  For purposes of Rule Title 62, F.A.C. Florida Administrative Code., wherever the term “Department” appears, it shall mean the Florida Department of Environmental Protection or its delegatee as provided in the agreements listed in Rule Chapter 62-113, F.A.C Florida Administrative Code. These delegation agreements are hereby incorporated by reference and are available for public inspection and copying during normal business hours at the Department's Office of General Counsel, 3900 Commonwealth Blvd. 2600 Blairstone Road, Tallahassee, Florida.

(1) through (2) No change.

(3) Delegations to water management districts and agreements with water management districts specifying areas in which the Department is exercising any of its independent regulatory authorities pursuant to Chapter 373, F.S.

(a) through (e) No change.

(f) #07-1: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between South Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the South Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under Part IV, Chapter 373, F.S., and a division of responsibility between the South Florida Water Management District and the Department regarding formal wetland determinations pursuant to subsections 373.421(2) through (5), F.S., [Effective Date].

(f) through (k) renumbered (g) through (l) No change.

(m) #07-2: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between Suwannee River Water Management District and Department of Environmental Protection – provides a division of responsibility between the Suwannee River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under Part IV, Chapter 373, F.S., and a division of responsibility between the Suwannee River Water Management District and the Department regarding formal wetland determinations pursuant to subsections 373.421(2) through (5), F.S., [Effective Date].

(l) through (p) renumbered (n) through (r) No change.

(s) #07-3: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between Southwest Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the Southwest Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under Part IV, Chapter 373, F.S., and a division of responsibility between the Southwest Florida Water Management District and the Department regarding formal wetland determinations pursuant to subsections 373.421(2) through (5), F.S., [Effective Date].

(q) through (t) renumbered (t) through (w) No change.

(x) #07-4: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection – provides a division of responsibility between the St. Johns River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under Part IV, Chapter 373, F.S., and a division of responsibility between the St. Johns River Water Management District and the Department regarding formal wetland determinations pursuant to subsections 373.421(2) through (5), F.S., [Effective Date].

(u) through (v) renumbered (y) through (z) No change.

Proposed Effective Date: July 1, 2007.

Specific Authority 373.026, 373.043, 373.046, 373.418, 373.441, 403.061 FS. Law Implemented 373.026, 373.046, 373.441, 403.061, 403.182 FS. History–New 1-5-93, Amended 11-16-93, 3-14-94, Formerly 17-113.100, Amended 7-4-95, 4-3-96, 3-24-98, 12-3-98, 7-16-01, 7-1-07.

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 31, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 9, 2007