The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend its rules consistent with Section 373.4131, Florida States (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-400.021: Definitions
40B-400.046: Formal Determinations
40B-400.051: Exemptions
40B-400.091: Publications and Agreements Incorporated by Reference
40B-400.101: Content and Processing of the Application, Amended 12-3-98
40B-400.103: Conditions for Issuance of Permits
40B-400.104: Additional Conditions for Issuance of Permits
40B-400.115: Limiting Conditions
40B-400.201: Policy and Purpose
40B-400.211: Processing Procedures for Noticed General Permits
40B-400.215: General Conditions for All Noticed General Permits
40B-400.417: General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks
40B-400.427: General Permit for Certain Piers and Associated Structures
40B-400.431: General Permit for Installation of Riprap
40B-400.437: General Permit for the Installation of Fences
40B-400.439: General Permit for the Construction or Maintenance of Culverted Driveways, Road Crossings and Bridges of Artificial Waterways
40B-400.443: General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation
40B-400.447: General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements
40B-400.453: General Permit for Installation, Maintenance, Repair and Removal of Underground Cable, Conduit, or Pipeline
40B-400.455: General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters
40B-400.457: General Permit for Subaqueous Utility Crossing of Artificial Waterways
40B-400.463: General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies
40B-400.467: General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies
40B-400.475: General Permit for Minor Activities
40B-400.483: General Permit to the Department to Conduct Minor Activities
40B-400.485: General Permit to the Department for Environmental Restoration or Enhancement
40B-400.487: General Permit to the Department to Change Operating Schedules for Department Water Control Structures
40B-400.495: General Permit to U.S. Forest Service for Minor Works within National Forests
40B-400.500: General Permit After Notice for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems

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 Statutes (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.

As part of its rulemaking, DEP also intends to incorporate by reference documents to be known as an Applicant’s Handbook. Two volumes of the Applicant’s Handbook will apply in each WMD: (1) one volume that will include general and environmental procedures, and forms that will apply statewide; and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD. DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will include provisions currently addressed in the District’s Chapters 40B-400, F.A.C. and the District’s ERP Applicant’s Handbook. This will necessitate amendments to District Chapter 40B-400, F.A.C., and its existing Applicant’s Handbook. Therefore, the purpose of this rule development is to revise the District’s rules and the District’s Applicant Handbook to be consistent with DEP’s adoption of statewide ERP rules in chapter 62-330, F.A.C.

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 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.