To incorporate by reference the delegation agreement between the South Florida Water Management District and Collier County for a portion of the Environmental Resource Permitting Program. The agreement delegates to Collier County the authority to ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-4.091: Publications, Rules and Interagency Agreements Incorporated by Reference
PURPOSE AND EFFECT: To incorporate by reference the delegation agreement between the South Florida Water Management District and Collier County for a portion of the Environmental Resource Permitting Program. The agreement delegates to Collier County the authority to review and issue environmental resource permits in uplands within the designated boundaries of delegation within Collier County. Activities requiring a Joint Coastal Permit, sovereignty submerged lands, mining, electrical distribution lines, natural gas or petroleum distribution lines within the permitting responsibility of the District; mitigation banks, and certain other activities will not be delegated to the County and will remain with the South Florida Water Management District.
SUBJECT AREA TO BE ADDRESSED: The Agreement delegates to Collier County, certain permitting, compliance and enforcement responsibilities within the geographic area of Collier County, under authority in Sections 373.103(8) and 373.441, F.S., associated with implementation of the Environmental Resource Permit (ERP) Program under Part IV, Chapter 373, F.S. This delegation includes responsibilities for the Management and Storage of Surface Waters (MSSW) permit programs under subsection 373.414(11)-(16), F.S. (referred to as surface water management (SWM) permits) and describes the guidance and oversight responsibilities of the District as they relate to the delegated programs. Further, the Agreement establishes the responsibilities of Collier County regarding maintaining adequate levels of administrative, technical and financial capabilities to implement and enforce the ERP and MSSW programs, and responsibilities for reporting to, and maintaining communication with the District.
SPECIFIC AUTHORITY: 373.103(8), 373.113, 373.171, 373.413, 373.441, 668.003, 668.004, 668.50, 704.06 FS.
LAW IMPLEMENTED: 373.413, 373.4135, 373.4137, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 373.441, 668.003, 668.004, 668.50, 704.06 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 18, 2007, 10:00 a.m.
PLACE: Collier County Government, Building B, Human Resources, Human Resources Training Center, 3301 E. Tamami Trail, Naples, FL 34112
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Clerk of the South Florida Water Management District, [phone], ext. 2087 or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Damon Meiers, Deputy Department Director, Environmental Resource Regulation Department, P. O. Box 24680, West Palm Beach, FL 33416-4680, [phone], ext. 6876 or [phone], email: [e-mail]. For procedural questions, contact Jan Sluth, Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, [phone], ext. 6299 or [phone], email: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

40E-4.091 Publications, Rules and Interagency Agreements Incorporated by Reference.

(1)(a) through (k) No change.

(l) “Delegation Agreement between the South Florida Water Management District and Collier County (________(date)__________)”.

(2) No change.

Specific Authority 373.044, 373.103(8), 373.113, 373.171, 373.413, 373.441, 668.003, 668.004, 668.50, 704.06 FS. Law Implemented 373.413, 373.4135, 373.4137, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 373.441, 668.003, 668.004, 668.50, 704.06 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(1), Amended 5-1-86, 7-1-86, 3-24-87, 4-14-87, 4-21-88, 11-21-89, 11-15-92, 1-23-94, 4-20-94, 10-3-95, 1-7-97, 12-3-98, 5-28-00, 8-16-00, 1-17-01, 7-19-01, 6-26-02, 6-26-02, 4-6-03, 4-14-03, 9-16-03, 12-7-04, 2-12-06, 10-1-06, 11-20-06, 1-23-07, 7-1-07, 7-22-07,_________.