62-113.100: Purpose
PURPOSE AND EFFECT: The Department proposes to repeal the partial delegation of the stormwater discharge permitting program under Chapter 62-25, F.A.C., to the City of Tallahassee. This delegation was granted to the City on January 29, 1998, per the Delegation Agreement incorporated by reference in paragraph 62-113.100(2)(o), F.A.C. With the exception of certain activities authorized in accordance with Section 373.4145(6), F.S., Chapter 62-25, F.A.C., will no longer be used to authorize new stormwater management systems within the geographic limits of the Northwest Florida Water Management District, including within the City of Tallahassee, beginning on October 1, 2007, when Phase 1 of the new Environmental Resource Permit (ERP) program authorized under Section 373.4145, F.S., becomes effective. The City has elected, at this time, not to pursue delegation of the new ERP program. Therefore, the Department has served notice to the City of its intent to terminate the Delegation Agreement, effective on the close of business, Friday, September 28, 2007, and must repeal the incorporation by reference of this Agreement in Chapter 62-113, F.A.C. However, the City will remain responsible for the review and agency action on applications for stormwater general permits under the terms of the Delegation Agreement that are complete on or before September 28, 2007. The City also will remain responsible for compliance and enforcement for those stormwater discharge systems that were permitted by the City under the terms of the Delegation Agreement. The review, agency action, compliance, and enforcement on all other applications for new stormwater management systems that require a permit under the ERP rules authorized under Section 373.4145, F.S., on or after October 1, 2007, will be the responsibility of the Department or the Northwest Florida Water Management District, in accordance with those rules. This repeal will not change the authority of the City to continue requiring a separate authorization to construct and operate such systems after the termination of the Delegation Agreement.
SUBJECT AREA TO BE ADDRESSED: Repeal of the Delegation Agreement incorporated by reference in paragraph 62-113.100(2)(o), F.A.C., regarding the authority of the City to review and take agency action on stormwater general permits under Chapter 62-25, F.A.C., on behalf of the Department.
SPECIFIC AUTHORITY: 373.043, 373.046, 373.418, 403.061 FS.
LAW IMPLEMENTED: 373.026, 373.046, 373.441, 403.061, 403.182 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mary Van Tassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8486, or e-mail: Mary.VanTassel@dep.state.fl.us. Further information and updates on this rule development also may be obtained from the Departments web site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC Tracking No. 07-1298)
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
62-113.100 Purpose.
(1) No change.
(2) Delegations to political subdivisions.
(a) through (n) No change.
(o) #98-1: Delegation Agreement Concerning Stormwater Between the Department of Environmental Protection and the City of
(o)(p) No change.
(3) No change.
Specific Authority 373.043, 373.046, 373.418, 403.061 FS. Law Implemented 373.026, 373.046, 373.441, 403.061, 403.182 FS. HistoryNew 1-5-93, Amended 11-16-93, 3-14-94, Formerly 17-113.100, Amended 7-4-95, 4-3-96, 3-24-98, 12-3-98, 7-16-01, 7-1-07,__________.
