The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend its rules consistent with Section 373.4131, Florida Statues (F.S.) Section 373.4131, F.S., became effective on July 1, 2012, and requires ...

 

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District

RULE NO.: RULE TITLE:
40B-4.1010: Policy and Purpose
40B-4.1020: Definitions
40B-4.1030: Implementation
40B-4.1040: Permits Required
40B-4.1060: Recognition of Comparable Regulatory Programs
40B-4.1070: Exemptions
40B-4.1090: Publications and Agreements Incorporated by Reference
40B-4.1100: Duration of Permits
40B-4.1110: Modification of Permits
40B-4.1120: Revocation of Permits
40B-4.1130: Transfer of Permits
40B-4.1140: Limiting Conditions on Permits
40B-4.1150: Emergency Authorization
40B-4.1170: Inspections and Enforcement
40B-4.2010: General Environmental Resource Permits
40B-4.2020: Content of Environmental Resource Permit Application
40B-4.2030: Conditions for Issuance of Environmental Resource Permits
40B-4.2035: Minimum Operation and Maintenance Entity Requirements
40B-4.2040: Minimum Operation and Maintenance Standards
40B-4.3000: Adopted Works of the District
40B-4.3010: General Works of the District Development Permits
40B-4.3020: Content of District Floodway Development Permit Applications
40B-4.3030: Conditions for Issuance of Works of the District Development Permits
40B-4.3040: Unlawful Use of Works of the District

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend its rules consistent with Section 373.4131, Florida Statues (F.S.) Section 373.4131, F.S., became effective on July 1, 2012, and requires the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental permitting (ERP) rules. These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective, and streamlined approach in the state’s ERP program. To implement Section 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, Florida Administrative Code (F.A.C.)

DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will include provisions currently addressed in the District’s Chapters 40B-4, F.A.C. This will necessitate amendments to District Chapter 40B-4, F.A.C. Therefore, the purpose of this rule development is to revise the District’s rules to be consistent with DEP’s adoption of statewide ERP rules in Chapter 62-330, F.A.C. and include proposed District rules.

SUBJECT AREA TO BE ADDRESSED: Among other things, this rule development will cover the revision of District rules by rule amendment, development or repeal, as needed, to accomplish the establishment of statewide ERP rules and proposed District rules on the following subjects: (1) permitting thresholds, (2) permit exemptions, (3) types of permits, (4) permit duration (5) permit modifications and transfers, (6) reporting forms and operational requirements, (7) application submittal and review procedures, (8) conditions for issuance, (9) formal determinations of the landward extent of wetlands and other surface waters, (10) general permit conditions, (11) fee categories, and (12) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas above.

RULEMAKING AUTHORITY: 369.318, 373.044, 373.046(4), 373.113, 373.118, 373.406, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461 FS.

LAW IMPLEMENTED: 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.117, 373.118, 373.129, 373.146(1), 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 373.613, 380.06(9), 403.0877, 403.813(2) 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: Tim Sagul, Senior Professional Engineer, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [e-mail], [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.