The purpose and effect of amendments to Rule 40D-1.607, F.A.C., are to clarify that with respect to the application fee specified for public highway projects having less than 10 acres of project area and less than 2 acres of new impervious surface ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

Rule No.: RULE TITLE
40D-1.607: Permit Processing Fee
40D-1.659: Forms and Instructions
PURPOSE AND EFFECT: The purpose and effect of amendments to Rule 40D-1.607, F.A.C., are to clarify that with respect to the application fee specified for public highway projects having less than 10 acres of project area and less than 2 acres of new impervious surface area, any new semi-impervious area is to be included in the acreage of new impervious surface area. The purpose and effect of amendments to Rule 40D-1.659, F.A.C., are to include in the listing of all District-adopted forms a revised Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Form No. 547.27/ERP (6/10).
SUMMARY: Environmental resource permitting rules have certain exemptions, limitations or requirements that are based on the amount of impervious surface either proposed or existing for a project. Long-standing District practice has been to include semi-impervious materials with impervious materials when addressing such provisions. Recently, the District adopted a specific definition of “semi-impervious,” which made the continued inclusion of semi-impervious material in requirements for impervious material unclear in some rules. The proposed amendments are part of a rulemaking package that includes Chapters 40D-4 and 40D-40, F.A.C., and is intended to eliminate any uncertainty concerning how semi-impervious material is to be addressed. The Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Form No. 547.27/ERP (6/10) is revised to clarify that information on semi-impervious material is to be included with information submittals relating to impervious material.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The SERC addresses adding the term, “semi-impervious” to all appropriate sections of the Environmental Resource Permitting Information Manual, rules and application forms where limitations, restrictions or requirements are specified concerning impervious material. In February 2010, the Governing Board approved amendments to add a separate definition of “semi-impervious” to subsection 40D-4.021(15), F.A.C. A definition for “impervious” already existed. The intent was to confirm inclusion of both impervious and semi-impervious areas in calculations relating to impervious surfaces. However, by adding a definition of “semi-impervious,” the earlier rulemaking makes the continued like treatment of semi-impervious and impervious materials unclear in some rules. The proposed revisions will not pose any additional implementation, monitoring or enforcement costs to the District or any other state or local governments. No individuals or entities will incur additional transactional costs as a result of the proposed changes. The proposed rule language is a non-substantive change. Small businesses, counties and cities will not be impacted by these proposed changes in rule language.
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, 373.113, 373.149, 373.171, 373.337 FS.
LAW IMPLEMENTED: 373.083, 373.0831(3), 373.083(5), 373.109, 373.116, 373.196(1), 373.1961(3), 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.421(2), 668.50 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN 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: Dianne Lee, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone], ext 4657

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.607 Permit Processing Fee.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to qualify for a permit with a lower fee or not require a permit. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The District’s permit application processing fees are as follows:

(1) Environmental Resource or Management and Storage of Surface Waters Permit Applications.

(a) The fee for a permit application for activities reviewed pursuant to Chapters 40D-4, 40D-40, and 40D-400, F.A.C., are as follows:

1. through 11. No change.

12. Application for general permit for a public highway project, which has less than 10 acres of project area and has less than 2 acres of new impervious and semi-impervious surface area                                                                 $316.00

13. Application for permit modification for a public highway project, which has less than 10 acres of project area and has less than 2 acres of new impervious and semi-impervious surface area                                                         $158.00

(14) No change.

(b) through (d) No change.

(2) through (12) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2) FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00, 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08, 12-30-08, 12-7-09, 6-30-10,__________.

 

40D-1.659 Forms and Instructions.

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.watermatters.org.

(1) No change.

(2) Surface Water.

(a) JOINT APPLICATION FOR: ENVIRONMENTAL RESOURCE PERMIT/AUTHORIZATION TO USE STATE OWNED SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT, FORM 547.27/ERP (6/10) (4/09), incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.

(b) through (n) No change.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented 373.083, 373.0831(3), 373.083(5), 373.116, 373.196(1), 373.1961(3), 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05(1) and (2), 10-19-05(5), 10-19-05(20), 2-6-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09, 1-27-10, 4-12-10, 4-27-10,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Clark Hull, ERP Program Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 29, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 9, 2010