The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-601.400: Sampling and Testing Methods
62-601.830: Noncompliance Fees for Failure to Submit Reports
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Rule 62-601.400, F.A.C., regarding sampling and testing methods for Domestic wastewater facilities, is being repealed because it is no longer necessary as subsection 62-601.400(1) and paragraph 62-601.400(1)(a), F.A.C., are out-of-date and have been superseded by subsection 62-620.610(18), F.A.C. The procedures for approval of alternative techniques discussed in paragraph 62-601.400(1)(b), F.A.C., are addressed in Rule 62-160.330, F.A.C. Subsection 62-601.400(2), F.A.C., is out of date and its topic, approved test procedures, is addressed in Chapters 62-160 and 62-620, F.A.C., and Rule 62-4.246, F.A.C. Subsection 62-601.400(3), F.A.C., is out-of-date and its topic, laboratory certification, is addressed in Rule 62-160.300, F.A.C. Rule 62-601.830, F.A.C., is being repealed because the rule is unnecessary, out-of-date and no longer used. The Department uses Section 403.121, F.S., (commonly called the Environmental Litigation Reform Act) to establish noncompliance fees for failure to submit reports.
OTHER RULES INCORPORATING THIS RULE: Rules 62-699.311(2), 62-110.104(10), and 62-528.425(1)(f), F.A.C., incorporate references to Rule 62-601.400, F.A.C. No other rules incorporate Rule 62-601.830, F.A.C.
EFFECT ON THOSE OTHER RULES: There is no effect on other rules; the out-of-date references to Rule 62-601.400, F.A.C., in Rules 62-699.311(2), 62-110.104(10), and 62-528.425(1)(f), F.A.C., should be updated to include the current rules.
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: Pursuant to the Department's review under Executive Order 11-01 the repeal of these unnecessary rules will not cause any adverse impacts or impose regulatory costs.
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: 403.051, 403.061, 403.0625, 403.088 FS.
LAW IMPLEMENTED: 403.051, 403.061(13), 403.061(15), 403.088 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: January 6, 2012, 10:00 a.m.
PLACE: 2600 Blair Stone Road, Room 609, 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: Sharon L. Sawicki, 2600 Blair Stone Rd., Tallahassee, FL 32399, [e-mail], [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: Sharon L. Sawicki, 2600 Blair Stone Rd., Tallahassee, FL 32399, [e-mail]; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-601.400 Sampling and Testing Methods.

Rulemaking Specific Authority 403.051, 403.061, 403.0625, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.0625, 403.088 FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.04, Amended 9-13-89, Formerly 17-19.040, Amended 1-30-91, 5-31-93, Formerly 17-601.400, Amended 12-24-96, Repealed_________.

 

62-601.830 Noncompliance Fees for Failure to Submit Reports.

Rulemaking Specific Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(15), 403.088, 403.121(3) FS. History–New 1-29-91, Formerly 17-601.830, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark P. Thomasson
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011