The purpose of this rulemaking is to specify the date from which an extension of an Environmental Resource Permit is calculated, to clarify that the “Environmental Resource Permit Modification Short Form” may be utilized by an applicant seeking ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-4.331: Modification of Permits

PURPOSE AND EFFECT: The purpose of this rulemaking is to specify the date from which an extension of an Environmental Resource Permit is calculated, to clarify that the “Environmental Resource Permit Modification Short Form” may be utilized by an applicant seeking extension of a Site Conditions Assessment Permit, and to correct grammatical and organizational inconsistencies. The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public.

SUMMARY: Subsection 40D-4.331(4), F.A.C., allows applicants seeking a modification to extend the permit duration of a construction permit or conceptual permit to utilize the “Environmental Resource Permit Modification Short Form,” Form No. LEG-R.013.02 (8/11) (Short Form). The proposed rule change will allow applicants seeking to extend the duration of a Site Conditions Assessment Permit to utilize the Short Form. This change reduces the costs for and regulatory burdens on a permittee seeking to extend an existing Site Conditions Assessment Permit, and promotes efficiency and consistency in the way the District processes applications seeking extension. Historically, Subsection 40D-4.331(4), F.A.C., restricted the filing of applications for permit modification for extension to 180 days prior to the permit expiration date. In a rulemaking finalized February 9, 2012, this restriction was removed from the rule in an effort to streamline District regulations and ease the regulatory restrictions on applicants. However, it has since been determined that the removal of the restriction created uncertainty as to the date from which an extension was calculated. The proposed rule changes will clarify this uncertainty by specifying that the duration of an extension will be calculated from the date that it is granted. Lastly, several areas within Subsection 40D-4.331(4), F.A.C., were identified where grammatical and organizational changes are necessary in order to clean up the language of the subsection. This rulemaking will adopt the grammatical and organizational changes, which will result in greater clarity in the understanding and application of the rule.

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 costs 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, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.413, 373.416(1), 373.429 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

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: Barbara Martinez, Office of General Counsel, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2011066)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-4.331 Modification of Permits.

An application for modification of an Environmental Resource Permit shall be processed in accordance with this rule, unless the permit is revoked.

(1) through (2) No change.

(3) Applications for modification of a site conditions assessment permit shall be made by formal application and reviewed using the same criteria as new applications:

(a) through (b) No change.

(c) For any extension of a current permit, or

(c)(d) For conversion to a Chapter 40D-4 or 40D-40, F.A.C., construction permit application, except that the permitted site conditions shall remain as permitted.

(4) An Aapplication to modify a for permit modification to extend the existing permit duration of a construction permit, or conceptual permit, or site conditions assessment permit, or to reauthorize and extend the duration of an expired construction permit or conceptual permit may should be made using the “Environmental Resource Permit Modification Short Form,” Form No. LEG-R.013.02 (08/11), http://www.flrules.org/Gateway/reference.asp?No=Ref-00734, a copy of which can be obtained from the District’s website at www.WaterMatters.org or from District offices. The Environmental Resource Permit Modification short form shall not be used to request a modification to reauthorize and extend the duration of an expired construction permit or conceptual permit if the construction permit or conceptual permit has been expired for more than 2 years.

(a) The District shall approve an application to extend or reauthorize and extend A modification seeking extension or reauthorize and extension of a permit will be granted if the applicant provides it is reasonabley assurenced by the applicant and determined that the activities authorized by the permit for which the extension or reauthorization and extension is sought will be conducted during the extension period will be in compliance with the District’s rules in effect at the time the application for modification to extend is filed.

(b) A conceptual permit or site conditions assessment permit shall may be reauthorized or extended if the permit complies with the same criteria as new applications.

(c) The District will grant Each modifications to extend or reauthorize and extend permits will be granted for a duration as needed, up to five years. The duration of the extension or reauthorization and extension will be calculated from the date that the modification is granted.

(d) An expired construction or conceptual permit shall not be reauthorized and extended through use of the Environmental Resource Permit Modification Short Form if the permit has been expired for more than 2 years from the date of permit expiration.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.413, 373.416(1), 373.429 FS. History–Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 3-1-88, 10-1-88, 6-29-93, 10-3-95, 7-23-96, 2-1-05, 2-6-07, 12-24-07, 1-8-08, 5-12-08, 8-30-09, 12-12-11, 2-9-12,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Laura Donaldson, General Counsel, Southwest Florida Water Management District

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 24, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 4, 2012