The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-330.061Submittal of Applications and Notices to Agency Offices

62-330.602General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: Rule 62-330.061, F.A.C. describes the process of submitting applications for permits under this chapter and requests for a determination of qualification for an exemption of general permit. The information in subsections (1) and (2) are covered in other rules in this chapter, and subsection (3) is covered in statute, therefore Rule 62-330.061, F.A.C. is no longer necessary. Rule 62-330.602, F.A.C. specifies that a general permit is provided to any person installing or maintaining intake and discharge pipes associated with marine bivalve facilities provided the facility has a valid industrial wastewater general permit. This general permit is no longer necessary as a result of the repeal of the Department’s industrial wastewater general permit under Rule 62-660.821, F.A.C. These activities are regulated by the Florida Department of Agriculture and Consumer Services. Rule 62-330.061 is incorporated by reference in Rules 62-330.061, 62-330.054, and 62-330.056, F.A.C. Those rule sections will have to be updated to remove the references to 62-330.061, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: repeal of these rules will not have an adverse impact or increase regulatory costs on any entity.

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.

RULEMAKING AUTHORITY: 373.026, 373.043, 373.044, 373.118, 373.4131, 373.4145, 373.418, 403.805(1), 668.003, 668.004, 668.50 FS.

LAW IMPLEMENTED: 373.026, 373.118, 373.426(5), 373.413, 373.4131, 373.4145, 373.416, 373.414(9), 373.418, 373.426, 668.003, 668.004, 668.50 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Andrew May, 2600 Blair Stone Road, MS 2500, Tallahassee, FL, 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-330.061 Submittal of Applications and Notices to Agency Offices.

Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.4131, 373.4145, 373.418, 403.805(1), 668.003, 668.004, 668.50 FS. Law Implemented 373.026, 373.118, 373.413, 373.4131, 373.4145, 373.416, 373.426, 668.003, 668.004, 668.50 FS. History–New 10-1-13, Repealed__________.

 

62-330.602 General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.602, Amended 10-1-13, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Andrew May

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Jonathan P. Steverson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 08, 2015