Purpose and Applicability, Definitions, Application Requirements, Transfer of Permit

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-348.100: Purpose and Applicability
62-348.200: Definitions
62-348.300: Application Requirements
62-348.700: Transfer of Permit

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 43, October 30, 2009 issue of the Florida Administrative Weekly.

62-348.100 Purpose and Applicability.

(1) No change.

(2) Florida’s horticultural industry contributes to the economic strength of the state. High-quality peat is an important component of horticultural production in Florida. Obtaining high-quality peat typically and uniquely requires the mining of wetlands and other surface waters. Since high-quality peat is a limited resource, the use of recycled and renewable material to replace or reduce the use of natural peat is necessary for the future of the state’s horticultural industry. This chapter shall be applied to the mining of peat from certain herbaceous freshwater wetlands, where no less than 80 percent of the extracted peat will be high‑quality peat, and no less than 80 percent of the high‑quality peat will be used in Florida by the horticultural industry in products that incorporate other renewable or recycled materials to replace or reduce the use of natural peat. Persons applying for use of this rule shall provide certification of the intended use of the resource by submitting Form 62-348.900(1), “Horticultural Use Certification for High‑Quality Peat, [effective date],” incorporated by reference herein. A copy of Form 62-348.900(1) may be obtained from the Department in the manner described in Rule 62-348.900, F.A.C.

62-348.200 Definitions.

The definitions in Sections 373.019, 373.403, 378.403, 403.031 and 403.803, F.S., and the following definitions apply to this chapter:

(1) No change.

(2) “High-quality peat” means peat from a herbaceous freshwater wetland that is classified as H1 to H4 on the von Post Humification Scale and has a pH less than 7. The following method, incorporated herein by reference, shall be used to determine the classification on the von Post Humification Scale, for use in this chapter: American Society for Testing and Materials, D5715-00 (Reapproved 2006) Standard Test Method for Estimating the Degree of Humification of Peat and Other Organic Soils (Visual/Manual Method), Volume 04.08, Issued March 2000. This document may be reviewed at the Florida Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Mail Station 715, 2041 East Paul Dirac Drive, Tallahassee, Florida, 32310-3760, or a copy obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, Pennsylvania, 19428-2959. The following method, incorporated herein by reference, shall be used to determine the pH for use in this chapter: U.S. Environmental Protection Agency, EPA 150.1, Methods for the Chemical Analysis of Water and Waste, EPA-600/4-79-020, Revised 1983. A copy of this document may be obtained by writing to the Florida Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Mail Station 715, 2041 East Paul Dirac Drive, Tallahassee, Florida 32310-3760.

(3) through (5) No change.

(6) “Invasive Exotic” for purposes of this rule means those plant species listed in the Florida Exotic Pest Plant Council’s 2009 List of Invasive Species Category I and II, which is incorporated herein by reference. A copy of this document may be obtained from the Department in the manner described in Rule 62-348.900, F.A.C.

(7) through (12) No change.

62-348.300 Application Requirements.

Applicants using this rule shall submit Form 62‑343.900(1) for an environmental resource permit, or within the geographical jurisdiction of the Northwest Florida Water Management District Form 62-312.900(1) for a wetland resource permit and Form 62‑346.900(1) for an environmental resource permit. In addition, applicants shall submit the following plans and reports for the high‑quality peat extraction area that will be subject to the wetland mitigation provisions of this chapter:

(1) through (2) No change.

(3) Plans and aerial photography showing the existing land use and land cover (acreage and percentages) mapped to at least Level III of the Florida Land Use, Cover and Classification System (Florida Department of Transportation, 1999), incorporated by reference herein. A copy of this document may be obtained from the Department in the manner described in Rule 62-348.900, F.A.C. Each mapped unit shall be sufficiently homogenous in character to be assessed as a single unit. No mapped unit shall be smaller than 0.1 of an acre.

(4) through (8) No change.

(9) Form 62-348.900(1), “Horticultural Use Certification for High‑Quality Peat,.” as incorporated by reference in subsection 62-348.100(2), F.A.C.

62-348.700 Transfer of Permit.

In addition to the requirements for transfer of Chapter 62-312, F.A.C., for wetland resource permits, or Chapters 62-330, 62‑343, and 62-346, F.A.C., for environmental resource permits, the application for transfer of a permit under this chapter shall include the following:

(1) The permittee shall provide a production report using Form No. 62‑348.900(2) “Annual Production Report For High‑Quality Peat, [effective date],” incorporated by reference herein, for that portion of the calendar year when production was under the control of the permittee. A copy of Form 62-348.900(2) may be obtained from the Department in the manner described in Rule 62-348.900, F.A.C.

(2) The transferee shall provide certification of the intended use of the resource by submitting Form 62-348.900(1), “Horticultural Use Certification for High‑Quality Peat,.” which was incorporated by reference in subsection 62-348.100(2), F.A.C.