The purpose and effect of the proposed rule amendment will be to allow the submission of electronic applications and supporting material for environmental resource permitting in northwest Florida.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-346.070: Procedures to Prepare Applications and Notices for Permits, Water Quality Certification, Coastal Zone Consistency Concurrence, and to Request Verification of Qualification for an Exemption.
62-346.080: Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices.
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to allow the submission of electronic applications and supporting material for environmental resource permitting in northwest Florida.
SUMMARY: The Department of Environmental Protection is undertaking an effort to reduce the amount of paper that is used and filed for official business. As part of that effort, the Department is amending its permitting rules to allow the submission of electronic permit applications.
OTHER RULES INCORPORATING THIS RULE: Rule 62-346.100, F.A.C.
EFFECT ON THOSE OTHER RULES: None
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: These amendments will not require ratification, because they only change the rules to allow for options to submit data electronically or on paper, which will not result in any increased cost burden to the regulated public.
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.
RULEMAKING AUTHORITY: 373.026, 373.026(7), 373.043, 373.044, 373.118, 373.4145, 373.418, 403.0877, 403.805(1) FS.
LAW IMPLEMENTED: 373.026, 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4141, 373.4145, 373.416, 373.426, 373.428, 403.0877 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 19, 2013, 10:00 a.m. (EST)
PLACE: Department of Environmental Protection, Bob Martinez Bldg., Rm. 609, 2600 Blair Stone Rd., Tallahassee, FL 32399
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: Mary VanTassel at [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).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Heathcock, 2600 Blair Stone Road, M.S. 2500, Tallahassee, FL 32399-2400, 850-245-8483, [e-mail].; or facsimile 850-245-8499. (OGC No. 12-1447)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-346.070 Procedures to Prepare Applications and Notices for Permits, Water Quality Certification, Costal Zone Consistency Concurrence, and to Request Verification of Qualification for an Exemption.

(1) No change

(2)(a)1. Applications to the Department for individual permits must contain one original of the completed application with original signatures on Section A; location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; plans and drawings, calculations, environmental information, and other details requested in the application that depict and describe the design, nature, scope, limits, intent, and functioning of the proposed activities; one paper copy of all the above; and the fee as required by Rule 62-346.071, F.A.C.

2. No change.

(b)1. The notice to the Department must contain one original of the completed notice with original signatures; one copy of the completed notice; location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; two sets of plans and drawings, calculations, environmental information, and other details required in the noticed general permit that depict and describe the design, nature, scope, limits, intent, and functioning of the proposed activities; and the notice fee required by Rule 62-346.071, F.A.C.

2. No change.

(c) No change.

(3) through (9) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.0877, 403.805(1) FS. Law Implemented 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4141, 373.4145, 373.416, 373.426, 373.428, 403.0877 FS. History–New 10-1-07, Amended 11-1-10,                                .

 

62-346.080 Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices.

(1) Petitions for formal determinations of the landward extent of wetlands and other surface waters shall be submitted as specified in Rule 62-330.201, F.A.C. Rule 62-343.040, F.A.C.

(2) All applications and notices for environmental resource permits, variances, and other authorizations required under this chapter that are the responsibility of the Department under the Operating Agreement, except for activities as specified in paragraphs (a) through (d) and subsection (5) below, shall be submitted to the district or branch office of the Department that has geographical jurisdiction over the location where the activity is to occur, as described in section 1.2 of Applicant’s Handbook Volume I. For purposes of this subsection, the term “Department” does not include the NWFWMD. At this time, the Department does not accept applications for permits submitted electronically, although such electronically-prepared applications may accompany the paper copies required in Rule 62-346.070, F.A.C. The following activities shall be submitted to the Department office specified below:

(3) through (5) No change.

Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.026, 373.118, 373.413, 373.4145, 373.416, 373.426 FS. History–New 10-1-07, Amended 11-1-10,                          .

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 20, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2012