To amend the references to Chapter 62-330, F.A.C., and rules adopted thereunder, and to strike references to Chapters 62-343 and 62-346, F.A.C. These changes are necessitated by the implementation of the “Statewide Environmental Resource Permit” (...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-4.001 Scope of Part I

62-4.200 Scope of Part II

PURPOSE AND EFFECT: To amend the references to Chapter 62-330, F.A.C., and rules adopted thereunder, and to strike references to Chapters 62-343 and 62-346, F.A.C. These changes are necessitated by the implementation of the “Statewide Environmental Resource Permit” (SWERP) rules under Chapter 62-330, F.A.C., (authorized by Section 373.4131, F.S.), which in turn will require the repeal of existing rules under Chapters 62-343 and 62-346, F.A.C. This rulemaking will expand upon the rulemaking, already underway, to amend processing fees under Rule 62-4.050, F.A.C., for ERP-related activities. A separate Notice of Development of Rulemaking for those amendments to 62-4.050, F.A.C., was published in the Florida Administrative Register on January 15, 2013.

SUBJECT AREA TO BE ADDRESSED: Amendments to citations to Chapter 62-330, F.A.C., and striking citations to Chapters 62-343 and 62-346, F.A.C., to accommodate concurrent amendments to processing fees under Rule 62-4.050, F.A.C., for environmental resource permits and related applications, under the proposed SWERP rules.

RULEMAKING AUTHORITY: 373.026, 373.043, 373.044, 373.109, 373.113, 373.4131, 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088 FS.

LAW IMPLEMENTED: 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.021, 403.031, 403.061, 403.087, 403.088 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Alice Heathcock, Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Coordination Program, 2600 Blair Stone Rd., MS 2500, Tallahassee, FL 32399-2400, [phone], [e-mail]. Further information and updates on this rule also may be obtained from the Department’s Web Site at: http://www.dep.state.fl.us/water/rules_dr.htm#erp and http://www.dep.state.fl.us/water/wetlands/swerp/index.htm. (OGC No. 12-1507)

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

62-4.001 Scope of Part I.

This part sets forth procedures on how to obtain a permit from the State of Florida Department of Environmental Protection. This part also provides requirements and procedures for the issuance, denial, renewal, extension, transfer, modification, suspension, and revocation of any permit required by the Department of Environmental Protection. Except as otherwise provided in Chapter 62-330, 62-343 or 62-346, F.A.C., or in the rules of the water management districts adopted by reference thereunder, under Chapter 62-330, F.A.C., this part shall not apply to activities regulated under Part IV of Chapter 373, F.S. However, this Part shall continue to apply to those activities grandfathered under Sections 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), (16), and 373.4145(6), F.S. This Part shall not preclude the application of any other permit requirements or procedures for certain types of facilities as contained in other chapters of Title 62, F.A.C.

Rulemaking Authority 373.026, 373.043, 373.044, 373.109, 373.113, 373.4131, 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088 FS. Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.01, Amended 8-31-88, Formerly 17-4.001, Amended 7-4-95, 10-1-07, [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.].

 

62-4.200 Scope of Part II.

This Part sets forth additional requirements for certain Department permits, exemptions from permitting, requirements for mixing zones and zones of discharge, and related requirements. Except as otherwise provided in Chapter 62-330, F.A.C., or in the rules adopted by reference thereunder, under Chapter 62-330 or by Chapter 62-343 or 62-346, F.A.C., this Part shall not apply to activities regulated under Part IV of Chapter 373, F.S. However, this Part shall continue to apply to those activities grandfathered under Sections 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), (16) and 373.4145(6), F.S.

Rulemaking Authority 373.026, 373.043, 373.044, 373.109, 373.113, 373.4131, 373.4145, 373.418, 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.20, Amended 8-31-88, Formerly 17-4.200, Amended 7-4-95, 10-1-07, [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.].