The existing rule requires the Department to inspect a permitted system upon receipt of the permittee’s notice of completion of construction prior to converting to the operation phase. The proposed rule changes this so that the Department can ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-343.110: Duration of Permits
PURPOSE AND EFFECT: The existing rule requires the Department to inspect a permitted system upon receipt of the permittee’s notice of completion of construction prior to converting to the operation phase. The proposed rule changes this so that the Department can authorize conversion to the operation phase with or without the Department’s inspection.
SUMMARY: Amend the procedures for converting an Environmental Resource Permit from the construction phase to the operation phase.
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: 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.426 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. 07-0642).

THE FULL TEXT OF THE PROPOSED RULE IS:

62-343.110 Duration of Permits.

(1) Unless revoked, extended or otherwise modified, the duration of a permit under this Chapter is:

(a) through (c) No change.

(d) Perpetual for the operation and maintenance phase of a standard general or individual permit. Unless otherwise specified in the permit, the operation phase of a permit shall not become effective until:

1. The permittee or authorized agent has, within thirty (30) days after completion of construction of the permitted activity, filed a written statement of completion and certification by a the appropriate registered professional engineer or other individual as required by Chapter 471, 472, 481 or 493, F.S., utilizing Form 62-343.900(5), indicating that the system is constructed and ready for inspection, and complied with all other general and specific conditions of the permit; and

2. The Department has inspected and determined that the permitted system meets all the provisions of the permit; and

2.3. No change.

(2) No change.

Specific Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.416, 373.426 FS. History–New 7-4-95, Amended 8-14-96,__________.

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 9, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 25, 2007