The District proposes amendments to incorporate by reference the forms relating to Environmental Resource Permits (ERPs) into the ERP rules instead of into Rule 40D-1.659, F.A.C. The amendments are part of an overall rulemaking effort to incorporate ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-4.042: Formal Determination of Wetlands and Other Surface Waters
40D-4.091: Publications and Agreements Incorporated by Reference
40D-4.101: Content of Application
40D-4.331: Modification of Permits
40D-4.351: Transfer of Permits
40D-4.381: General Conditions
PURPOSE AND EFFECT: The District proposes amendments to incorporate by reference the forms relating to Environmental Resource Permits (ERPs) into the ERP rules instead of into Rule 40D-1.659, F.A.C. The amendments are part of an overall rulemaking effort to incorporate District forms into the particular rule applicable to each individual form. The effect is to make District rules identifying forms available for public use consistent with requirements for incorporating materials by reference. Forms will also be renumbered and revised to contain the specific citation to the rule in which the form will now be incorporated.
SUMMARY: Currently, all District forms are incorporated by reference into Rule 40D-1.659, F.A.C. In response to comments from the Joint Administrative Procedures Committee, amendments are proposed to incorporate District forms and other materials into the specific rule which addresses the particular form or material. Forms are renumbered and revised to contain the specific rule citation in which each form is now incorporated. Rule 40D-1.101, F.A.C., is amended to incorporate by reference a renumbered joint application for environmental resource permit/authorization to use state owned submerged lands/federal dredge and fill permit form. Rule 40D-4.331, F.A.C., is amended to identify and incorporate by reference the applicable forms to be used for modifying an environmental resource permit. Rule 40D-4.351, F.A.C., is amended to incorporate by reference forms used for transferring an environmental resource permit and for submitting a statement of inspection for proper operation and maintenance of permitted projects. Rule 40D-4.381, F.A.C., is amended to reference the statement of completion form now adopted in Rules 40D-4.351 and 40D-4.042, F.A.C., is amended to incorporate by reference the form petition for a formal determination of the landward extent of wetlands and surface waters. Rule 40D-4.091, F.A.C., is amended to incorporate by reference the mitigation bank forms adopted by the District and to identify where other agency materials incorporated by reference may be obtained.
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: 373.044, 373.046, 373.113, 373.149, 373.171, 373.414, 373.421(2) FS.
LAW IMPLEMENTED: 373.0361, 373.042, 373.114, 373.171, 373.403, 373.409, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.416(1), 373.416(2), 373.421(2), 373.426, 373.429, 373.441 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: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4660

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) No change.

(2) To petition for a formal determination, the petitioner must submit to the District the following:

(a) Five copies of a Petition for a Formal Determination of the Landward Extent of Wetlands and Surface Waters, Form No. 547.27/FJDS (4/09) which is incorporated herein adopted by reference into Rule 40D-1.659, F.A.C., including copies of all items required by that form. This form can be obtained from the District’s website at www.watermatters.org. or from District offices.

(b) A non-refundable formal determination fee as specified in Rule 40D-1.607, F.A.C.

(3) through (8) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.421(2) FS. Law Implemented 373.421(2) FS. History–New 10-3-95, Amended 7-2-98, 2-14-00, 5-28-00, 7-29-02, 2-27-03,________.

 

40D-4.091 Publications, Forms and Agreements Incorporated by Reference.

The following documents are hereby incorporated by reference and are applicable to into this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District, __________ June 22, 2008. This document is available from the District’s website at www.watermatters.org. or from the District upon request.

(2) Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Southwest Florida Water Management District and Department of Environmental Protection, dated July 1, 2007. This document is available from the District’s website at www.watermatters.org or from the District upon request.

(3) Chapter 62-344, F.A.C., Delegation of Environmental Resource Program to Local Governments (8/29/1995), available from the Florida Department of Environmental Protection at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(4) Memorandum of Understanding Between the Southwest Florida Water Management District and the Environmental Protection Commission of Hillsborough County Regarding Coordination of Regulatory Activities, dated October 19, 2005, available from the District upon request.

(5) Operating Agreement Between the U.S. Army Corps of Engineers and the Southwest Florida Water Management District (SWFWMD) Located within the Geographical Limits of the SWFWMD in Florida, Pursuant to Programmatic General Permit (PGP) PGP-SAJ-95, effective March 24, 2008, available from the District upon request.

(6) Mitigation Bank Form Documents. The following forms are incorporated herein by reference and are available from the District’s website at www.watermatters.org. or from the District upon request:

(a) Mitigation Bank Performance Bond to Demonstrate Construction and Implementation Financial Assurance, Form MB/PB (4/09);

(b) Mitgation Bank Irrevocable Letter of Credit to Demonstrate Construction and Implementation Financial Assurance, Form MB/ILC (4/09);

(c) Mitigation Bank Trust Fund Agreement to Demonstrate Construction and Implementation Financial Assurance, Form MB/CIFA (4/09); and

(d) Mitigation Bank Trust Fund Agreement to Demonstrate Perpetual Management Financial Responsibility, Form MB/PMFA (4/09).

Rulemaking Specific Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-23-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08,________.

 

40D-4.101 Content of Application.

(1) Applications for Environmental Resource Permits required by this chapter shall be filed with the District in accordance with the requirements of this chapter and Chapter 40D-1, F.A.C. The application shall consist of:

(a) The information required in subsection 373.413(2), F.S.;

(b) Five copies of the Joint Aapplication for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Fform No. 547.27/ERP (4/09), incorporated herein by reference identified in Chapter 40D-1, F.A.C., with applicable supplements, sections A through K, copies of which can be obtained from the District’s website at www.watermatters.org or from the District offices;

(c) Five copies of drawings, calculations, environmental and construction information, and engineering details sufficient to define the nature, scope, intent and functioning of the work proposed;

(d) The appropriate fee as specified in Chapter 40D-1, F.A.C.; and

(e) Such other information as is reasonably necessary to determine that the surface water management system meets the conditions of this chapter.

(2) through (6) No change.

(7) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.413 FS. History–Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 12-16-97, 2-27-03, 9-10-08,________.

 

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 or expired.

(1) No change.

(2) Applications to modify a construction permit shall be made by formal or Short Form modification:

(a) Formal modifications.

1. Except for those projects meeting the criteria for Short Form modifications in subsection (b), an alteration of the design of the surface water management system shall be reviewed in accordance with the same criteria as new applications pursuant to Rules 40D-4.101, 40D-4.301 and 40D-4.302, F.A.C. Application for a formal modification of an Environmental Resource Permit shall be made using the same forms as are used for initial permit applications and which are incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.

2. A request for modification involving construction within an outparcel of a permitted commercial or industrial development should be made using the General Environmental Resource Permit (ERP) Application for Modification Related to Outparcel Construction Within Permitted Commercial/Industrial Projects, District Form No. LEG-R.001.0100 (4/09) (2/05), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C. A copy of the form can be obtained from the District’s website at www.watermatters.org. or from the District offices.

3. No change.

(b) Except for projects identified in paragraph subsection (2)(a), applications to modify a permit may be made by submittal of an “Environmental Resource Permit Modification Short Form,” Form No. LEG-R.013.01 (4/09) incorporated herein adopted by reference in Rule 40D-1.659, F.A.C., a copy of which can be obtained from the District’s website at www.watermatters.org or from District offices, provided the requested modification does not:

1. Substantially alter the permit authorization,

2. Increase the authorized off-site discharge,

3. Impact the environmental features of the project,

4. Decrease the required retention/detention,

5. Decrease the required flood control elevations for roads or buildings, or

6. Decrease pollution removal efficiency.

(3) through (4) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.413, 373.416(1), 373.429, 373.805 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,________.

 

40D-4.351 Transfer of Permits.

(1) Transfer of Ownership.

(a) A permittee shall notify the District within 30 days of any sale, conveyance or any other transfer for a permitted surface water management system or the real property at which the system is located. Submittal of a completed “Notification and Request for Transfer of Environmental Resource Permit,” Form No. LEG-R.043.00 (4/09), incorporated herein by reference is required. The form can be obtained from the District’s website at www.watermatters.org or from District offices.

(b) through (d) No change.

(2) Conversion to Operation Phase.

(a) In order to convert an Environmental Resource Permit from the construction phase to the operational phase, the permittee shall submit the following:

1. A completed The Statement of Completion and Request for Transfer to Operation Entity, Fform 547.27/SOC (4/09), incorporated herein by reference, copies of which can be obtained from the District website at www.watermatters.org or from the District offices identified in Chapter 40D-1, F.A.C.; and

2. Documentary evidence of satisfaction of permit conditions, other than long-term monitoring.

(b) through (d) No change.

(3) Operation Phase Inspection Requirements. Permittees required to conduct and report on periodic inspection of the permitted system shall submit a Statement of Inspection for Proper Operation and Maintenance, Form No. LEG-R.044.00 (4/09), incorporated herein by reference. Copies of the form can be obtained from the District’s website at www.watermatters.org or District offices.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(2), 403.805 FS. History–New 10-1-84, Amended 6-29-93, 10-3-95, 7-22-03, 2-1-05, 5-4-05, 12-24-07,________.

 

40D-4.381 General Conditions.

(1) The following general conditions shall be a part of all permits issued pursuant to this chapter and Chapter 40D-40, F.A.C.

(a) through (l) No change.

(m) Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form adopted by reference in Rule 40D-4.351 40D-1.659, F.A.C. Additionally, if deviation from the approved drawings are discovered during the certification process the certification must be accompanied by a copy of the approved permit drawings with deviations noted.

(n) through (x) No change.

(2) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.042, 373.403, 373.409, 373.413, 373.414, 373.416, 373.426 FS. History–Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(7), 16J-4.11, 16J-4.10(3), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 10-11-01, 2-19-04, 12-24-07,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 8, 2009