The purpose of this rulemaking is to adopt a revised Notification and Request for Transfer of Environmental Resource Permit form, which is amended to eliminate reference to any fee, and to allow transfer of the permit to a new owner upon ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-4.091: Publications, Forms and Agreements Incorporated by Reference
40D-4.351: Transfer of Permits
PURPOSE AND EFFECT: The purpose of this rulemaking is to adopt a revised Notification and Request for Transfer of Environmental Resource Permit form, which is amended to eliminate reference to any fee, and to allow transfer of the permit to a new owner upon notification from either the permittee or new property owner. The effect will be to reduce costs and eliminate unnecessary regulatory burdens related to the transfer of Environmental Resource Permits when there is a change in property ownership on which the permitted system is located. This rulemaking is one of the initiatives identified by the District as part of its rule review in response to Executive Order No. 11-72, to identify rules for amendment or repeal that are unnecessarily burdensome, no longer necessary or duplicative of statutory language.
SUMMARY: Rule 40D-4.351, F.A.C., is amended to incorporate by reference a revised Notification and Request for Transfer of Environmental Resource Permit form, which is amended to eliminate any reference to a fee. Companion rulemaking for Chapter 40D-1, F.A.C., will eliminate the fee for permit transfers. Additional amendments to Rule 40D-4.351, F.A.C., clarify that the form may be submitted by either the permittee or the new property owner, and the requirement that the land use remain the same in order to transfer the permit is deleted as unnecessarily burdensome. Amendments to Rule 40D-4.091, F.A.C., will incorporate by reference an updated Environmental Resource Permitting Information Manual Part B, Basis of Review, which is amended to cite the updated version of the Notification and Request To Transfer Environmental Resource Permit form.
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: The proposed rule will eliminate the fee and remove unnecessary regulatory burdens for permittees and property owners who seek to have an Environmental Resource Permit transferred to a new owner of the permitted surface water management system. Based on staff analysis, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.
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, 373.046, 373.113, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.416(2), 373.429, 373.441, 403.805 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: The 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 #2011047)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-4.091 Publications, Forms and Agreements Incorporated by Reference.

The following documents are hereby incorporated by reference and are applicable to this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District,________December 8, 2010. This document is available from the District’s website at www.watermatters.org or from the District upon request.

Rulemaking Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-22-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08, 5-12-09, 5-17-09, 8-30-09, 11-2-09, 11-3-09, 12-9-09, 9-5-10, 12-8-10,________.

 

40D-4.351 Transfer of Permits.

(1) Transfer of Ownership.

(a) A permittee shall notify the District within 30 days of any sale, conveyance or any other transfer for a permitted surface water management system or the real property at which the system is located. Submittal of a completed “Notification and Request for Transfer of Environmental Resource Permit,” Form No. LEG-R.043.01 (9/11) LEG-R.043.00 (4/09), incorporated herein by reference is required. The form can be obtained from the District’s website at www.watermatters.org or from District offices.

(b) The District will transfer the surface water management system construction permit or operation and maintenance permit to the new owner of the property on which the surface water management system is located upon receipt of notification from the permittee or current property owner. provided the land use remains the same.

(c) The permittee from whom the permit is transferred transferring the permit shall continue to remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.

(d) No change.

(2) through (3) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(2), 403.805 FS. History–New 10-1-84, Amended 6-29-93, 10-3-95, 7-22-03, 2-1-05, 5-4-05, 12-24-07, 8-30-09,________.

 

Environmental Resource Permitting Information Manual

Part B – Basis of Review

2.6.1 Acceptable Entities.

The following entities or persons are acceptable to satisfy the requirements of paragraphs 40D-4.301(1)(i) and (j), and 40D-4.381(1)(o), F.A.C.:

a. through e. No change.

f. The permittee, provided that:

(1) The property is wholly owned by the permittee and ownership is intended to be retained or

(2) The project is a residential subdivision, condominium, commercial subdivision or industrial park and responsibility for the operation and maintenance of the surface water management system facilities will be transferred to a homeowners' association, property owners' association, condominium owners' association or master association. The transfer of responsibility shall occur upon completion of the first reinspection of the surface water management system conducted pursuant to the permit following transfer to the operation phase, unless at the time of the first reinspection, the permittee requests, in writing, that the transfer of responsibility to the association occur at some specified later date. The District shall approve such request if the permittee demonstrates that it can perform all necessary operation and maintenance responsibilities during the extended time period. In any event, within thirty (30) days after the sale of the last lot, parcel or unit in the project, the permittee shall request the transfer of responsibility for the operation and maintenance of the surface water management system facilities to the association. The permittee must submit to the District, a Notification and Request for Transfer of Environmental Resource Permit, Form No. LEG-R.043.01 (9/11) LEG-R.043.00 (4/09), incorporated by reference in subsection 40D-4.351(1), F.A.C. This form is available from the District’s website at www.watermatters.org or upon request at any District service office. The District must approve the transfer in writing before the transfer of responsibility to the association is effective. Protective covenants, deed restrictions or a declaration of condominium must be recorded for this option in accordance with section 2.6.2.2.6 below; or

(3) No change.

NAME OF PERSON ORIGINATING PROPOSED RULE: H. Clark Hull, Environmental Regulation Program Manager
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 27, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 7, 2011