The fees charged by the Department (DEP) to process applications, notices, and petitions for environmental resource permit (ERP) activities regulated under Part IV of Chapter 373, F.S., are being amended. These amendments will be made in paragraphs ...

NOTICE OF PROPOSED RULEMAKING

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.: RULE TITLES:

62-4.001Scope of Part I

62-4.050Procedures to Obtain Permits and Other Authorizations; Applications

62-4.200Scope of Part II

PURPOSE AND EFFECT:  The fees charged by the Department (DEP) to process applications, notices, and petitions for environmental resource permit (ERP) activities regulated under Part IV of Chapter 373, F.S., are being amended. These amendments will be made in paragraphs 62-4.050(4)(h) and (i), F.A.C. These amendments are made in conjunction with amendments to Chapter 62-330, F.A.C., to implement the statewide environmental resource permit (SWERP) rule authorized by Section 373.4131, F.S. The processing fees apply to both DEP and the Northwest Florida Water Management District (NWFWMD) for applications, notices, and petitions processed by either Agency within the NWFWMD. The fees also will apply to DEP statewide when it is responsible for the review and agency action on an ERP activity; separate rulemaking to amend processing fees has been noticed by the water management districts when they are responsible for the review and agency action on an ERP activity in accordance with the Operating Agreements incorporated by reference between the agencies in Chapters 62-113 and (currently) 62-346, F.A.C. Overall, the rule amendments will simplify the ERP processing fee schedule (to make it easier for staff and the public to determine the correct processing fee), while keeping the overall fees collected as revenue-neutral as possible (although fees for some activities will decrease, while others will increase). The proposed minor revisions to Rules 62-4.001 and 62-4.200, F.A.C., are necessary to account for the repeal of rules under Chapters 62-343 and 62-346, F.A.C. that will occur concurrently with the SWERP rulemaking.

SUMMARY:  Amended processing fees for applications, notices, and petitions for ERP permits, mitigation bank permits, formal determinations of the landward extent of wetlands and other surface waters, requests for verification of exemptions and general permits, modifications, and variances. Amending Rules 62-4.001 and 62-4.200, F.A.C., to remove references to Chapters 62-343 and 62-346, F.A.C., which will be repealed.

OTHER RULES INCORPORATING THIS RULE:  40C-1.603, 40D-1.607, 40E-1.607, 62-4.052, 62-4.053, 62-4.080, 62-45.110, 62-110.107, 62-113.200, 62-210.300, 62-210.310, 62-210.900, 62-213.420, 62-330.201, 62-343.020, 62-343.070, 62-343.090, 62-343.100, 62-343.130, 62-346.071, 62-528.300, 62-528.440, 62-528.455, 62-528.630, 62-555.401, 62-555.405, 62-555.520, 62-555.528, 62-555.536, 62-604.600, 62-620.100, 62-620.310, 62-620.320, 62-620.325, 62-620.335, 62-620.710, 62-621.300, 62-621.500, 62-624.100, 62-624.300, 62-640.300, 62-673.310, 62-673.320, 62-701.315, 62-701.320, 62-709.300, 62-710.800, 62-711.300, 62-730.220, 62-737.800, and 62B-49.006, F.A.C.

EFFECT ON THOSE OTHER RULES:  The proposed revisions to Rules 62-4.001 and 62-4.200, F.A.C. will not affect other rules, but will simply update references to the ERP program which, under SWERP, will be governed under Chapter 62-330, rather than Chapters 62-343 and 62-346, F.A.C. The proposed revisions will have no effect upon Rules 62-4.053 and 62-4.080, or upon Rules under Chapters 62-45, 62-110, 62-210, 62-213, 62-528, 62-555, 62-604, 62-620, 62-621, 62-624, 62-640, 62-673, 62-701, 62-709, 62-710, 62-711, 62-730, or 62-737, F.A.C., which are not directly related to the ERP program. Chapters 62-343 and 62-346, F.A.C., will be repealed upon the effective date of the SWERP rule, so there will be no effect on applications, notices, and petitions under that chapter that are complete as of that effective date. Applicants who submitted an application under either of those chapters, but have not had their application deemed complete by DEP, as well as permittees under those chapters who propose a major modification to their permit will be subject to permitting under Chapter 62-330, F.A.C., and the new fees as adopted under the proposed amendments to Rule 62-4.050, F.A.C. Water Management District (WMD) Rules 40C-1.603, 40D-1.607, 40E-1.607, F.A.C., containing references to Rule 62-4.050 will be amended by each WMD, under separate rulemaking, which will also become effective concurrently with the SWERP rules under Chapter 62-330, F.A.C. Therefore the proposed revisions to Chapter 62-4, F.A.C., will not affect the operation of those rules. Applicants who submitted an application under Chapter 62B-49, F.A.C., but have not had their application deemed complete by DEP as of the effective date of the SWERP rule, as well as permittees under that chapter who propose a major modification to their permit will be subject to the new fees as adopted under the proposed amendments to Rule 62-4.050, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:  The agency has determined that the proposed revisions to Rule 62-4.050, F.A.C., will have an 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 been prepared by the agency.

DEP has prepared a SERC for Rule 62-4.050, F.A.C., because it determined that the proposed revisions will have an impact on certain small business. DEP has determined that the proposed revisions to Rules 62-4.001 and 62-4.200, F.A.C., will have no such effects.

DEP has assessed the potential costs associated with the proposed revisions to Rule 62-4.050, F.A.C. Based on that assessment, an indeterminate number of small businesses (and others) will be subject to either higher or lower application processing fees for certain Individual or Conceptual Approval Environmental Resource Permits. The increase or decrease in those fees (relative to existing fees) for a given applicant will depend on several aspects of the applicant’s proposed project, including acres of work within wetlands or other surface waters, number of new boat slips or total project area. Available data do not allow an accurate estimation of the number of small business applicants who may be subject to a different (either higher or lower) fee under the proposed rule. However, based on an estimation of the total annual fees expected to be collected (by both DEP and NWFWMD), the proposed rule is expected to result in a net decrease of approximately $17,750 per year, in the total fees collected by the two agencies, statewide. DEP estimates this to be an approximately 0.67% reduction, relative to existing annual average fees collected. These findings are discussed in greater detail within the SERC.

DEP 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: Not Applicable.

Any person who wishes to provide information regarding the 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:  373.026, 373.043, 373.044, 373.109, 373.113, 373.4131, 373.414, 373.4145, 373.418, 373.421, 403.021, 403.031, 403.061, 403.087,403.088, 403.704(30), 403.805 FS.

LAW IMPLEMENTED:  373.026, 373.044, 373.109, 373.309, 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, 403.0877, 403.088, 403.0885, 403.722, 403.861(7) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME:  May 31, 2013, 10:00 AM (EST)

PLACE:  This hearing will be broadcast via webinar. Parties can register to attend the webinar via their personal computers with audio by telephone (regular long distance telephone charges will apply) or by speakers connected to their computer (no telephone charges will apply). Webinar registration is via https://www2.gotomeeting.com/register/121790234. Alternatively, persons may view the webinar at the following location where staff will be present to accept comments: Department of Environmental Protection, Bob Martinez Bldg., Room 609, 2600 Blair Stone Rd., Tallahassee, FL 32399.

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: Mary VanTassel at [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:  Alice Heathcock, 2600 Blair Stone Road, M.S. 2500, Tallahassee, FL 32399-2400, 850-245-8483, [e-mail].; or facsimile 850-245-8499. (OGC No. 12-1507)

 

THE FULL TEXT OF THE PROPOSED RULE 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.

Specific 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.].

 

62-4.050 Procedures to Obtain Permits and Other Authorizations; Applications.

(1) through (3) No change.

(4) Processing fees are as follows:

(a) through (g) No change.

(h) Environmental Resource Permits. Processing fees required by the Department and the Northwest Florida Water Management District (NWFWMD) for activities regulated under Chapter 62-330, F.A.C., are listed below. For purposes of determining the applicable processing fee, the terms “activity,” “project,” “project area,” and “works” are as defined in Section 2.0 of the Applicant’s Handbook Volume I incorporated by reference in paragraph 62-330.010(4)(a), F.A.C. For individual, conceptual approval or standard general permit applications under Part IV of Chapter 373, F.S., that involve a combination of the fee categories listed in subparagraphs 1. and 2. below, the highest fee in these subparagraphs that applies to the project in question shall be the correct application fee.

1. Activities qualifying for an Agency’s electronic self-certification:
a. Self-certification in accordance with the general permit under Section 403.814(12), F.S.	$0
b. Self-certification for activities other than those under Section 403.814(12), F.S.	$0
2. Determination of qualification for an activity exemption
a. Under Rules 62-330.050 and 62-330.051, F.A.C.	$100
b. Under Rule 62-330.0511, F.A.C.	$0
3. Determination of qualification to use a general permit	$250
4. Individual or conceptual approval permit, excluding permits for a mitigation bank:
a. New application – the processing fee for a new permit application shall be as determined from the categories below:
(I) Total project area of less than 10 acres and less than 1 acre of works in, on, or over wetlands and other surface waters, and less than 10 new boat slips	$420
(II) Project exceeds any of the thresholds in 4.a.(I), above, but involves a total project area of less than 40 acres, less than 3 acres of works in, on, or over wetlands and other surface waters, and less than 30 new boat slips	$1,500
(III) Project exceeds any of the thresholds in 4.a.(II), above, but involves a total project area of less than 100 acres, less than 10 acres of works in, on, or over wetlands and other surface waters, and less than 50 new boat slips	$5,000
(IV) Project exceeds any of the thresholds in 4.a.(III), above, but involves a total project area of less than 640 acres, and less than 50 acres of works in, on, or over wetlands and other surface waters	$9,000
(V) Project exceeds any of the thresholds in 4.a.(IV), above	$14,000
(VI) Project exclusively for agricultural or silvicultural purposes; the fee for projects that are solely for agricultural or silvicultural purposes shall be the same as that required by the Water Management District in which the majority of the project area is located, in accordance with Rule 40A-44.201, incorporated by reference herein; and Rules 40B-1.706, 40C-1.603, 40D-1.607, or 40E-1.607, F.A.C., as applicable, as incorporated by reference in Rule 62-330.071, F.A.C.	The fee shall be the same as that required by the Water Management District in which the majority of the project area is located
(VII) Individual or conceptual approval permit solely for environmental restoration or enhancement, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. For purposes of this provision, the term “environmental restoration or enhancement” means an action or actions designed and implemented solely to convert degraded or altered uplands, wetlands, or other surface waters to intact communities typical of those historically present, or to improve the quality and condition of currently degraded wetlands or other surface waters to a more healthy, functional, and sustaining condition for fish, wildlife, and listed species	$250
(VIII) Individual or conceptual approval permit solely to retrofit an existing stormwater management system or to add treatment to and reduce stormwater pollutant loadings from an existing stormwater management system	$250
(IX) Individual permit to construct, alter, maintain or operate a project that is consistent with a valid conceptual approval permit	50% of the fee otherwise required for an individual permit under 4.a.(I) thorugh (VIII), above, but not below the minimum required processing fee of $250
b. Major modification exceeding any of the thresholds in subsection 62-330.315(3), F.A.C.	Same fee as for new permit for the same activity under 4.a.(I) through (IX), above
5. Individual or conceptual approval permit for a mitigation bank:
a. New application	$6,050
b. Major modification exceeding any of the thresholds in subsection 62-330.315(3), F.A.C.:
(I) Major modification affecting one of the following: the service area, credit assessment, success or release criteria, hydrologic structures or alterations, elimination of lands, monitoring or management plans, or construction or mitigation design that does not increase the project area	$1,340
(II) Affecting two of the components in 5.b.(I), above	$2,680
(III) Affecting three of the components in 5.b.(I), above	$4,020
(IV) All other major modifications	$6,050
c. Mitigation bank credit release	$330
d. Mitigation bank credit withdrawal	$0
6. Minor modification of an individual or conceptual approval permit, including a permit for a mitigation bank, that does not exceed any of the thresholds in subsection 62-330.315(3), F.A.C.:
a. Extension of permit duration, where not exempt from payment of fees under Florida Statutes	$80
b. To correct minor errors that do not involve technical review	$0
c. To to transfer ownership of a permit or to transfer the permit to an operation and maintenance entity	$0
d. All other minor modifications	$250
7. Variance or waiver:
a. Under Section 120.542, F.S.	$0
b. Under Section 373.414(17), F.S.	$170
8. Fee reduction for applications for an individual or conceptual approval permit or modification thereof submitted using the Agency’s electronic application system where the processing fee in (h)4. or 5., above exceeds $250	Fee shall be reduced by $100, but not below the minimum required processing fee of $250

1. Individual and Conceptual Approval Permits (those systems that involve 1 acre or more of construction or alteration in, on or over wetlands or other surface waters, involve 10 or more new boat slips, are capable of impounding more than 120 acre feet, serve a total land area of 100 acres or more, or provide for the placement of 12 acres or more of impervious surface):

a. For a system that involves less than 1 acre of construction or alteration in, on or over wetlands or other surface waters and involves less than 10 new boat slips but reaches any of the following three thresholds:

(I) Is capable of impounding more than 120 acre feet;

(II) Serves a total land area of 100 acres or more; or

(III) Provides for the placement of 12 acres or more of impervious surface	$3,510
b. For a system involving the following total acreage of construction or alteration in, on or over wetlands or other surface waters:
(I) 100 acres or more	$14,020
(II) 50 acres up to less than 100 acres	$11,220
(III) 10 acres up to less than 50 acres	$9,120
(IV) 5 acres up to less than 10 acres	$7,710
(V) 2 acres up to less than 5 acres	$5,610
(VI) 1 acre up to less than 2 acres	$4,210
c. For a system involving 10 or more new boat slips and either capable of impounding 40 acre feet or more, serving a total land area 40 acres or more, providing for the placement of 12 acres or more of impervious surface, or involving construction or alteration (other than new boat slips) in, on or over wetlands or other surface waters, with the following number of new slips:
(I) 50 or more	$9,120
(II) 30 to 49	$7,710
(III) 10 to 29	$5,610
d. For a system involving 10 or more new boat slips and capable of impounding less than 40 acre feet, serving a total land area less than 40 acres, providing for the placement of less than 12 acres of impervious surface, and not involving construction or alteration (other than new boat slips) in, on or over wetlands or other surface waters, with the following number of new slips:
(I) 50 or more	$5,610
(II) 30 to 49	$4,210
(III) 10 to 29	$2,110
e. For a system involving a new Class I solid waste disposal facility	$10,520
f. Major modification of an existing Class I solid waste disposal facility	$11,920
g. Systems solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.	$250
2. Standard Permits and Standard General Permits (those systems below the thresholds listed in subparagraph 1. above):
a. For a system serving a project with a total land area of 40 or more acres, up to 100 acres, with the following additional activities:
(I) Both the construction of 1 to 9 new boat slips and the construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters less than 1 acre and more than 0 acre	$2,110
(II) Either the construction of 1 to 9 new boat slips or the construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters less than 1 acre and more than 0 acre	$1,410
(III) No construction or alteration in, on or over wetlands or other surface waters	$1,340
b. For a system serving a project with a total land area less than 40 acres and more than 1 acre, with the following additional activities:
(I) 3 to 9 new boat slips	$990
(II) 1 to 2 new boat slips	$850
(III) Construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters of more than 0 acre, but less than 1 acre	$850
c. For a system serving a project with a total land area of less than 1 acre, with the following additional activities:
(I) 3 to 9 new boat slips	$850
(II) 1 to 2 new boat slips	$430
(III) Construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters less than 1 acre and more than 0 acre	$710
d. Systems solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.	$250
3. Mitigation Banks
a. Mitigation Bank Permit, other than Conceptual Approval	$6,050
b. Credit Release (credit available for sale)	$330
c. Credit Withdrawal (actual use of credit)	$0
d. Mitigation Bank Conceptual Approval Permit	$6,050
e. Major modifications involving changes to one or more of the following components: service area; credit assessment; success or release criteria; hydrologic structures or alterations; constructions or mitigation design that does not increase the project area; elimination of lands; or monitoring or management plans;
(I) Affecting one of the above components	$1,340
(II) Affecting two of the above components	$2,680
(III) Affecting three of the above components	$4,020
4. Environmental Resource “Stormwater” Permit for a system serving a project with a total land area less than 40 acres and:
a. Involving no construction or alteration in, on or over wetlands or other surface waters; or	$420
b. That is solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.	$250
5. Verification of qualification to use a Noticed General Permit, except	$250
a. Paving of existing county or municipally owned roads under Rule 62-341.448, F.A.C.	$0
b. Environmental enhancement and restoration activities conducted by the U.S. Army Corps of Engineers under Rule 62-341.486, F.A.C.	$0
6. Variances:
a. Under Section 373.414(17), F.S.
(I) From the prohibition of work in Class II Waters, approved for shellfish harvesting	$170
(II) Other variances	$830
b. Under Section 120.542, F.S.	$0
7. Modifications:
a. Major modifications of Individual (Including Conceptual Approval) and Standard General Permits, as defined in paragraph 62-343.100(1)(b), F.A.C., and mitigation bank permits under Chapter 62-342, F.A.C., that increase the project area or involve four or more of the components listed in sub-subparagraph 62-4.050(4)(h)3.e., F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above;	Same fee as for a new application for the activity
b. Minor modifications of Individual (including Conceptual Approval) and Standard General Permits, and mitigation bank permits, where the modification will not require substantial technical evaluation by the Department, will not lead to substantially different environmental impacts or will lessen the impacts of the original permit, and as further defined in paragraph 62-343.100(1)(a), F.A.C., other than for Class I solid waste disposal facilities:
(I) To correct minor errors or typographical mistakes and that do not involve technical review	$0
(II) To incorporate changes requested by the Department or required through permits issued by other regulatory agencies, and to change due dates for reporting or performance deadlines when such changes in the due date do not involve any new work, any new work locations, or any new activities, and will not alter, replace, or otherwise eliminate the requirements for otherwise performing the work required by the permit	$0
(III) That consist of transfers of permits or time extensions	$80
(IV) That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is less than $300, except for modifications to permits issued pursuant to Section 403.816, F.S.	$250
(V) That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is more than or equal to $300, except for permits issued pursuant to Section 403.816, F.S.	$420
(VI) For minor modifications of Individual and Conceptual Approval Permits for Class I solid waste disposal facilities	$2,110
8. Verification that an activity is exempt from regulation under Section 403.813, F.S., or Part IV of Chapter 373, F.S.	$100
(i) Determination of the landward extent of wetlands and other surface waters:
1. Informal determination — fees shall be based on the acreage of the entire property for which the request applies, as follows:
a. Total area to be included in the determination is up to 1 acre	$100
b. Additional fee per acre (or portion thereof) beyond the first acre; total fee not to exceed $500	$50
2. Petition for formal determination —:a. Petition application fees shall be based on the acreage of the entire property for which the petition is filed, as follows: according to the following schedule:
(I) More than 0 acres less than or equal to 1 acre	$350
a. Total area to be included in the determination is less than 10 acres (II) More than 1 acre and less than or equal to 10 acres	$780
b. Total area to be included in the determination is at least 10, but less than 40 acres (III) More than 10 acres and less than or equal to 40 acres	$1,060
c. Total area to be included in the determination is at least 40, but no more than 100 acres (IV) More than 40 acres and less than or equal to 100 acres	$2,110
d. Additional fee per 100 acres (or portion thereof) beyond the first 100 acres (V) For property greater than 100 acres in size, the fee will be $2,110 plus an additional $290 for each additional 100 acres (or portion thereof) that exceeds the first 100 acres.	$290
(VI) For a new formal determination for single-family residences of less than or equal to five acres within the territory of the South Florida District Office of the Department, under subsection 62-343.040(3), F.A.C.	$300
3. Reissuance of a formal determination, in accordance with section 7.2.4 of Applicant’s Handbook Volume I. b. For a new formal determination that covers property on which a valid formal determination exists, provided that the petition for the new formal determination is filed within 60 days of the date of expiration of the existing formal determination and the physical conditions on the property have not changed, other than changes authorized by a permit, so as to alter the boundaries of surface waters or wetlands, and provided the methodology for determining the extent of surface waters and wetlands authorized by Sections 373.421 and 373.4211, F.S., has not been amended since the previous formal determination.	$350
2. Requests for Informal Determinations	$100

(j) through (z) No change.

(5) through (8) No change.

Rulemaking Authority 373.026, 373.043, 373.109, 373.4131, 373.414, 373.418, 373.421, 403.061, 403.087, 403.704(30), 403.805 FS. Law Implemented 373.109, 373.309, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.061, 403.087, 403.0877, 403.088, 403.0885, 403.722, 403.861(7) FS. History–New 5-17-72, Amended 6-19-74, 7-8-82, Formerly 17-4.05, Amended 11-15-87, 8-31-88, 10-3-88, 4-4-89, 3-19-90, 6-11-90, 3-7-91, 3-18-91, 5-30-91, 10-30-91, 11-16-92, 12-21-92, 7-11-93, 2-2-94, Formerly 17-4.050, Amended 11-23-94, 4-30-95, 7-4-95, 12-15-98, 10-22-00, 6-1-01, 1-30-03, 2-19-03, 4-3-03, 5-1-03, 2-7-06, 10-31-07, 4-21-09, [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.

Specific 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.]

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Mark Thomasson, Director

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:  Herschel T. Vinyard Jr.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  April 28, 2013

DATE THE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  The Notice of Proposed Rule Development for Rule 62-4.050 was published on January 15, 2013. The Notice of Proposed Rule Development for Rule 62-4.001 and 62-4.200 was published on May 3, 2013.