40D-4.021: Definitions
40D-4.091: Publications and Agreements Incorporated by Reference
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to make District rules for individual environmental resource permit application processing consistent with recent statutory amendments relating to the processing of permit applications.
SUMMARY: Subsection 40D-4.021(9), F.A.C., is amended to delete the phrase, that may be issued by District staff, from the definition of a general permit. Subsection 40D-4.021(10), F.A.C., is amended to delete the phrase, issued by the District Governing Board, from the definition of an individual permit. Rule 40D-4.091, F.A.C., is amended to incorporate by reference a revised Environmental Resource Permitting Information Manual Part B, Basis of Review (BOR). Section 1.2 of the BOR now contains a revised description of the application review process.
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: 373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 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: Martha A. Moore, Senior Attorney, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, ext. 4660
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-4.021 Definitions.
(1) through (8) No change.
(9) General Permit means a General Environmental Resource Permit, as described in Chapters 40D-4 and 40D-40, F.A.C., that may be issued by District staff.
(10) Individual Permit means an Individual Environmental Resource Permit, as described in Chapter 40D-4, F.A.C., issued by the District Governing Board.
Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.403, 373.413 FS. HistoryReadopted 10-5-74, Formerly 16J-4.02, Amended 10-1-84, 3-1-88, 9-11-88, 10-3-95, 7-23-96, 2-27-02, 9-26-02, 2-19-04, 2-6-07, 1-8-08, 9-29-08,________.
40D-4.091 Publications and Agreements Incorporated by Reference.
The following documents are hereby incorporated into this chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District,________, May 17, 2009. This document is available from the District upon request.
(2) through (5) No change.
Rulemaking Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. HistoryNew 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-22-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08, 5-12-09, 5-17-09,________.
Environmental Resource Permitting Manual Part B
Basis of Review
Chapter One Introduction
1.2 Application Review Process The District issues three types of environmental resource permits as authorized by Part IV, Chapter 373, F.S.: individual including conceptual, general and noticed general permits.
Noticed general permits and general permits are issued by staff, while Governing Board action is required for individual permits.
