40B-1.704: Bond
PURPOSE AND EFFECT: The purpose of the proposed rule is to revise this section of Chapter 40B-1, F.A.C., to require a bond or other form of surety for certification of completion of surface water management systems authorized by environmental resource permits. The effect of implementation will be an increase in the compliance rate of the certifications.
SUMMARY: This proposed rule will revise existing rule language to require a bond or other form of surety, including but not limited to, cash deposit, letter of credit, and performance bond, for certification of completion of surface water management systems authorized by environmental resource permits under Chapters 40B-4 and 40B-400, F.A.C. These certifications are required by paragraphs 40B-4.1140(2)(c) and 40B-400.115(1)(j), F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Costs will be incurred at the inception of the permitting process; however, the amount paid will be returned to the permittee once the certification of completion has been received, inspected, and the project is approved. The costs associated with the proposed bond or other form of surety range from $1,000 to $10,000, depending on the project size.
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, 383.083, 373.113 FS.
LAW IMPLEMENTED: 373.085, 373.103, 373.219, 373.413, 373.416 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: Linda Welch, Rules Coordinator, Suwannee River Water Management District, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only).
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-1.704 Bond.
(1) No change.
(2) Applicants for environmental resource permits under Chapters 40B-4 and 40B-400, Florida Administrative Code (FAC), shall furnish a bond or other form of surety for certification of completion of construction as required by paragraphs 40B-4.1140(2)(c) and 40B-400.115(1)(j), F.A.C. The forms of surety acceptable to the District include but are not limited to, cash deposit, letter of credit, and performance bond. Bonds and other forms of surety shall be in the following amounts: project area less than one acre, $1,000; project area less than 10 acres, $2,000; project area less than 40 acres, $3,000; project area less than 100 acres, $4,000; project area less than 200 acres, $5,000; project area greater than or equal to 200 acres, $10,000. The District shall release the bond or other form of surety, without interest, upon final acceptance of certification of completion of construction and transfer of operation and maintenance to an entity approved by the District as required by Rule 40B-4.2035, F.A.C.
(3)(2) The Board may require liability insurance in such amount as the Board shall determine endorsed in favor of the District or a hold harmless agreement satisfactory to the Board.
(4)(3) The Board may require that the bond or liability insurance be maintained as a condition of the continued validity of the permit.
Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.103, 373.219, 373.413, 373.416 FS. HistoryNew 9-15-81, Amended________.
