The purpose and effect of this rulemaking is to reduce the number of site conditions assessment permit application copies that are required to be submitted from 5 copies to 1 original and 2 copies. The application form is also revised accordingly.

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-40.044: General Permit for Site Conditions Assessment
40D-40.302: Conditions for Issuance of General Permits
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to reduce the number of site conditions assessment permit application copies that are required to be submitted from 5 copies to 1 original and 2 copies. The application form is also revised accordingly.
SUMMARY: These amendments are part of a larger District rulemaking initiative to reduce the number of copies of permit application forms, supporting materials and compliance-related reports and documents that are required to be submitted. The overall purpose and effect of this initiative is to reduce costs to the public that are associated with the submittal of permit applications and the reporting of permit compliance activities to the District.
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:
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: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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: Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to [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 IS: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone] (4660) (OGC #2010053)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-40.044 General Permit for Site Conditions Assessment.

(1) This general permit identifies and documents the boundaries of certain existing topographic and environmental site conditions within the applicant’s project area that are measurably associated with waters, as described in the application. To obtain a site conditions assessment permit, an applicant must submit an original and two five complete copies of a Permit Application for Site Conditions Assessment, Form 547.27/SCA (08/11) (4/09), which form is incorporated herein by reference, and all requested supporting information. Copies of the form can be obtained from the District’s website at www.WwaterMmatters.org or at District offices.

(2) through (5) No change.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 7-23-96, Amended 9-26-02, 8-30-09,________.

 

40D-40.302 Conditions for Issuance of General Permits.

In order to qualify for a general permit for construction and operation under this chapter, the applicant must provide reasonable assurance that the surface water management system meets all conditions of subsection 40D-40.302(1), F.A.C., all thresholds in subsection 40D-40.302(2), F.A.C., and all applicable additional conditions of subsections 40D-40.302(3) and 40D-40.302(4), F.A.C. To obtain a general site conditions assessment permit under this chapter, the applicant must provide reasonable assurance that all conditions of subsection 40D-40.302(5), F.A.C., are met. To obtain a permit for construction of incidental site activities under this chapter, the applicant must provide reasonable assurance that all conditions of subsections 40D-40.302(1) and 40D-40.302(6), F.A.C., are met.

(1) through (5) No change.

(6) Additional Conditions for an Incidental Site Activities Permit.

Notwithstanding the threshold conditions of subsection (2), a permit shall be authorized for incidental site activities that are conducted in connection with a surface water management system proposed in an individual environmental resource permit application provided:

(a) through (b) No change.

(c) The application is complete.

1. For the purposes of this requirement, an application is complete when the applicant has submitted the information required by Form 547.27/ERP (08/11) (4/09), including Section J, and all additional information timely requested by District staff, all required notice of the application’s receipt has been given and all review periods are concluded, and a letter of completeness has been issued by the District.

2. No change.

(d) through (j) No change.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 5-10-88, 9-13-88, 10-3-95, 7-23-96, 7-16-02, 9-26-02, 8-3-03, 2-19-04, 2-1-05, 11-2-09,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bree Gathers, Attorney
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 30, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 30, 2011