The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012. This statute requires the Department of ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-400.010: Review of No Notice and Noticed General Environmental Resource Permit Applications
40E-400.021: Definitions
40E-400.201: Policy and Purpose
40E-400.211: Processing Procedures for Noticed General Permits
40E-400.215: General Conditions for All No Notice and Noticed General Permits
40E-400.315: No Notice General Permit for Activities in Uplands
40E-400.316: No Notice General Permit for Road Grading and Pavement Resurfacing
40E-400.417: General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks
40E-400.427: General Permit for Certain Piers and Associated Structures
40E-400.431: General Permit for Installation of Riprap
40E-400.437: General Permit for the Installation of Fences
40E-400.439: General Permit for the Construction or Maintenance of Culverted Driveways or Roadway Crossings and Bridges of Artificial Waterways
40E-400.443: General Permit for Minor Bridge Alteration, Replacement, Maintenance and Operation
40E-400.447: General Permit for Minor Activities Within Existing FDOT Rights-of-Way or Easements
40E-400.453: General Permit for the Installation, Maintenance, Repair or Removal of Underground Cables, Conduits, or Pipelines
40E-400.455: General Permit for the Construction of Aerial Pipeline, Cable, or Conduit Crossings of Certain Waters
40E-400.457: General Permit for Subaqueous Utility Crossings of Artificial Waterways
40E-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
40E-400.467: General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies
40E-400.470: Noticed General Permit for Temporary Agricultural Activities
40E-400.475: General Permit for Minor Activities
40E-400.483: General Permit to the Department to Conduct Minor Activities
40E-400.485: General Permit to the Department for Environmental Restoration or Enhancement Activities
40E-400.487: General Permit to the Department to Change Operating Schedules for Department or District Water Control Structures
40E-400.495: General Permit to U.S. Forest Service for Minor Works within National Forests
40E-400.500: General Permit for Construction, Operation, Maintenance, Alteration, Removal or Abandonment of Minor Silvicultural Surface Water Management Systems
40E-400.900: Forms and Instructions

PURPOSE AND EFFECT: The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012. This statute 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, F.A.C. Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions. Some examples of provisions that DEP has proposed to include in the proposed rulemaking for Chapter 62-330, F.A.C. are: permitting thresholds; permit exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; and formal determinations of the landward extent of wetlands and other surface waters. 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 will include provisions currently addressed in SFWMD’s Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, and will necessitate amendments to SFWMD Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, F.A.C., and its existing Basis of Review. Therefore, the purpose of this rule development is to revise or repeal SFWMD’s rules 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 SFWMD 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 to be consistent with Chapter 62-330, F.A.C., and the requirements of Section 373.4131, F.S.

RULEMAKING AUTHORITY: 120.54(5), 120.60, 373.044, 373.113, 373.118, 373.171, 373.406, 373.4131, 403.067(7)(d), 403.813, 403.814, 668.003, 668.004, 668.50 FS.

LAW IMPLEMENTED: 120.54(5), 120.60, 373.109, 373.118, 373.119, 373.406, 373.413, 373.4131, 373.416, 373.418, 373.423, 373.426, 403.067(7)(d), 668.003, 668.004, 668.50 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.

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 days before the workshop/meeting by contacting: Joyce Rader, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6259, or [phone], [e-mail]. 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: Anita Bain, Environmental Resource Permitting Bureau Chief, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6866 or [phone], [e-mail]. For procedural questions, contact: Joyce Rader, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6259, or [phone], [e-mail]. Information regarding this rule development effort can be accessed at SFWMD’s website www.sfwmd.gov

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