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:
62-610.426: Edible Crops
62-610.478: Construction Dust Control
62-610.479: Aesthetic Purposes
62-610.490: Permitting Concept
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SUMMARY: Rule 62-610.426, F.A.C., concerning the irrigation of edible crops with reuse water is being repealed because it is no longer necessary as the rule is repetitive of paragraph 62-610.100(9)(c), F.A.C., and Part III of Chapter 62-610, F.A.C. Rule 62-610.478, F.A.C., regarding the use of reclaimed water for dust control is being repealed because it is unnecessary since the rule does not provide additional requirements on the use of reclaimed water for construction dust control to those included in paragraph 62-610.100(9)(l), subsection 62-610.450(1), and subparagraph 62-610.810(2)(h)1., F.A.C. Rule 62-610.479, F.A.C., regarding the use of reclaimed water for asthetic purposes is being repealed because the rule is unnecessary since it does not provide additional requirements on the use of reclaimed water for aesthetic purposes to those included in paragraph 62-610.100(9)(l), subsection 62-610.450(1), subsection 62-610.471(8), and subparagraph 62-610.810(2)(h)1., F.A.C., or Chapter 62-650, F.A.C. Rule 62-610.490, F.A.C., regarding permitting is being repealed because the rule is unnecessary as it is repetitive of paragraph 62-610.320(1)(b) and Rule 62-610.800, F.A.C.; Application Form 2A, Permit for Domestic Wastewater Treatment and Reuse or Disposal Facility, which is adopted by reference in subsection 62-620.910(2), F.A.C.; and the Department's Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., which is adopted by reference in paragraph 62-620.100(3)(p), F.A.C.
OTHER RULES INCORPORATING THIS RULE: Rule 62-610.469, F.A.C., incorporates references to Rule 62-610.479, F.A.C. No other rules incorporate Rules 62-610.426, 62-610.478, or 62-610.490, F.A.C.
EFFECT ON THOSE OTHER RULES: There is no effect on other rules; the reference to 62-610.479, F.A.C., in Rule 62-610.469, F.A.C., should be updated to include the appropriate 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.
Rule 62-610.426, F.A.C., concerning the irrigation of edible crops with reuse water is being repealed because it is no longer necessary as the rule is repetitive of paragraph 62-610.100(9)(c), F.A.C., and Part III of Chapter 62-610, F.A.C. Rule 62-610.478, F.A.C., regarding the use of reclaimed water for dust control is being repealed because it is unnecessary since the rule does not provide additional requirements on the use of reclaimed water for construction dust control to those included in paragraph 62-610.100(9)(l), subsection 62-610.450(1), and subparagraph 62-610.810(2)(h)1., F.A.C. Rule 62-610.479, F.A.C., regarding the use of reclaimed water for asthetic purposes is being repealed because the rule is unnecessary since it does not provide additional requirements on the use of reclaimed water for aesthetic purposes to those included in paragraph 62-610.100(9)(l), subsection 62-610.450(1), subsection 62-610.471(8), and subparagraph 62-610.810(2)(h)1., F.A.C., or Chapter 62-650, F.A.C. Rule 62-610.490, F.A.C., regarding permitting is being repealed because the rule is unnecessary as it is repetitive of paragraph 62-610.320(1)(b) and Rule 62-610.800, F.A.C.; Application Form 2A, Permit for Domestic Wastewater Treatment and Reuse or Disposal Facility, which is adopted by reference in subsection 62-620.910(2), F.A.C.; and the Department's Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., which is adopted by reference in paragraph 62-620.100(3)(p), F.A.C.
OTHER RULES INCORPORATING THIS RULE: Rule 62-610.469, F.A.C., incorporates references to Rule 62-610.479, F.A.C. No other rules incorporate Rules 62-610.426, 62-610.478, or 62-610.490, F.A.C.
EFFECT ON THOSE OTHER RULES: There is no effect on other rules; the reference to 62-610.479, F.A.C., in Rule 62-610.469, F.A.C., should be updated to include the appropriate rules.
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 have an adverse impact 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, 403.064, 403.087 FS.
LAW IMPLEMENTED: 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 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 Rd., 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: 2600 Blair Stone Rd., 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 FULL TEXT OF THE PROPOSED RULE IS:

62-610.426 Edible Crops.

Rulemaking Specific Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.426, Amended 1-9-96, Repealed_________.

 

62-610.478 Construction Dust Control.

Rulemaking Specific Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.478, Repealed_________.

 

62-610.479 Aesthetic Purposes.

Rulemaking Specific Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.479, Amended 1-9-96, Repealed_________.

 

62-610.490 Permitting Concept.

Rulemaking Specific Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.490, Amended 1-9-96, 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