The purpose of this rulemaking is to amend Rule 40D-40-331, F.A.C., to require use of a new Environmental Resource Permit (ERP) Modification Short Form application form instead of a letter when permittees apply for certain minor modifications of a ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-40.331: Modification of Permits
PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Rule 40D-40-331, F.A.C., to require use of a new Environmental Resource Permit (ERP) Modification Short Form application form instead of a letter when permittees apply for certain minor modifications of a General ERP. The effect is to standardize permit modification applications for minor modifications.
SUMMARY: This rule amendment is one of several rule amendments proposed by the District to implement a new Modification Short Form for requesting certain types of minor modifications of an Environmental Resource Permit (ERP). Rule 40D-40.331, F.A.C., is amended to require use of the newly adopted Modification Short Form in lieu of a letter when requesting certain minor modifications of Standard and Minor General ERPs.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.413, 373.416(1), 373.429 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: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-40.331 Modification of Permits.

A request for modification to renew or extend a permit issued under this chapter shall be made in accordance with this rule. Requests to modify permits shall be made:

(1) No change.

(2) By submittal of a Modification Short Form application letter for general construction and operation permits provided the requested modification does not exceed the conditions of paragraph 40D-4.331(2)(b), F.A.C.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.416(1), 373.429 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 4-17-97, 9-26-02, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 26, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 14, 2007
Please Note: The following notice was inadvertently omitted from the January 18, 2008, Vol. 34, No. 3 issue of the FAW.