The purposes and effects of the proposed rule amendments are to amend the rules of the St. Johns River Water Management District (District) to: (1) update the positions that are delegated authority in 40C-1.135(2), after a recent reorganization that ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-1.1008Timeframe for Providing Requested Information

40C-1.135Delegations of Authority

40C-1.603Permit Fees

40C-1.612Transfer of Ownership or Permit

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to amend the rules of the St. Johns River Water Management District (District) to: (1) update the positions that are delegated authority in 40C-1.135(2), after a recent reorganization that renamed or deleted several positions; (2) ensure consistency with the statewide environmental resource permit (ERP) rules adopted in Chapter 62-330, F.A.C., pursuant to Section 373.4131, F.S. (2012); (3) amend the fees for certain ERPs to more closely approximate the fees before Chapter 62-330, F.A.C. became effective on October 1, 2013; and (4) create a new fee category for renewal of certain expired formal determinations of the landward extent of wetlands and other surface waters. More specifically, the amendments will: (1) revise Rule 40C-1.135(2), F.A.C., by updating the positions that are delegated authority to review and take final agency action on certain applications to use sovereign submerged lands; (2) revise Rule 40C-1.1008, F.A.C., by changing the timeframe for any permit applicant to respond to a request for additional information (RAI) from 120 days down to 90 days to ensure consistency with the statewide ERP timeframe, expand the rule to also cover petitions for variances, waivers, and formal determinations, and create a new procedure for administrative denials; (3) revise Rule 40C-1.603, F.A.C. by creating new fees subcategories in paragraphs 40C-1.603(3)(a)1.a.-b., 40C-1.603(3)(e)2., and 40C-1.603(3)(a)7., F.A.C., and decreasing the fees in sub-sub paragraphs 40C-1.6003(3)(a)1.b., 40C-1.603(3)(a)5.-7. and paragraphs 40C-1.603(3)(d)-(e), F.A.C. so that the fees for those ERPs and ERP modifications would more closely approximate the lower fees that had been charged before Chapter 62-330, F.A.C. became effective on October 1, 2013, clarifying the fees in subparagraphs 40C-1.603(3)(d)1.-3. and 40C-1.603(3)(e)3., F.A.C., creating a new fee category in paragraph 40C-1.603(7)(f) , F.A.C. for renewal of certain expired formal determinations, clarifying in subsection 40C-1.603(11) , F.A.C. that the permit fee for letter modifications of ERPs issued before October 1, 2013 shall continue to be the fee that applied before Chapter 62-330, F.A.C. became effective on October 1, 2013; and (4) revise Rule 40C-1.612, F.A.C. by clarifying that paragraph 40C-1.612(2)(a) , F.A.C. applies to transfers that do not involve a conversion of a construction permit for a 40C-44 system or activity to its operation phase, and changing the timeframes in paragraphs 40C-1.612(5)(a)-(b) , F.A.C. for a permittee (who requests a permit transfer) to respond to a request for additional information about the transfer request from 120 days down to 90 days to be consistent with the proposed change to Rule 40C-1.1008, F.A.C.

SUMMARY: The proposed rule amendments would: (1) update the positions that are delegated authority in 40C-1.135(2), after a recent reorganization; (2) expand Rule 40C-1.1008, F.A.C. to apply to petitions for variance, waiver, and formal determination; (3) shorten the timeframe to respond to a request for additional information regarding a permit application or petition and create a new procedure for administrative denials; (4) revise and restructure fees rule to lower certain ERP fees to more closely approximate the fees charged before the statewide ERP rules became effective on October 1, 2013; (5) clarify fees rules; (6) create a new fee category for certain renewals of expired formal determinations; (7) shorten the timeframe to respond to a request for additional information regarding a permit transfer request (consistent with the change to Rule 40C-1.1008, F.A.C.); and (8) clarify the scope of paragraph 40C-1.612(2)(a), F.A.C..

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 District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District in preparing and completing those documents, the proposed rule amendment is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S

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: 120.54(5), 120.542, 373.044, 373.109, 373.113, 373.421(2), FS.

LAW IMPLEMENTED: 120.54(5), 120.542, 120.60, 373.016, 373.083, 373.103, 373.109, 373.113, 373.118, 373.171, 373.309, 373.413, 373.4131, 373.414(17), 373.416, 373.421(2), 373.426, 373.429, 373.436, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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 48 hours before the workshop/meeting by contacting: District Clerk [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: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40C-1.1008 Timeframe for Providing Requested Information.

(1) The applicant shall have 90 120 days from receipt of a request for additional information regarding a permit or license application, a petition for a formal determination of the landward extent of wetlands and other surface waters, or a petition for a variance or waiver undergoing review by the District to submit that information to the District. If an applicant or petitioner requires more than 90 120 days in which to complete an application or petition, the applicant or petitioner may notify the District in writing of the circumstances and for good cause shown, the application or petition shall be held in active status for additional periods commensurate with the good cause shown. As used herein, good cause means a demonstration that the applicant or petitioner is diligently acquiring the requested information, and that the additional time period requested is both reasonable and necessary to supply the information. The Executive Director, Assistant Executive Director, the Director and Assistant Director of the Division of Regulatory Services, the Chief of the Bureau of Environmental Resource Regulation, the Chief of the Bureau of Water Use Regulation, and any Regulatory Coordinator Service Center Director are authorized to make a determination that such good cause has been provided. Any application or petition which has not been completed by the applicant or petitioner within the given time period following a request for additional information by the District shall be administrately denied be subject to denial. The requested information or written request showing good cause for additional time may be submitted to the District at any time prior to the denial of the application or petition. Denial of an application or petition due to failure to submit requested additional information shall be an administrative denial without prejudice to the applicant’s or petitioner’s right to file a new application or petition. The applicant or petitioner may request a Section 120.569, F.S., hearing pursuant to Chapter 28-106, F.A.C. and Rule 40C-1.1007, F.A.C., to dispute the necessity of the information required.

 

(2) If requested information is not submitted to the District within the time limits set forth in subsection (1) above, the District shall provide notice to the applicant or petitioner that the District intends to administratively deny the application or petition and that the applicant or petitioner may request referral of the application or petition to the Governing Board for final action. If an applicant or petitioner requests a referral within 21 days of receipt of written notice of a District decision, the application or petition shall be referred to the Governing Board for final action. Applications and petitions not referred to the Governing Board will be denied by staff issuance of a Final Order administratively denying the permit application or petition.

 

This rule will become effective on January 1, 2016, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on September 3, 2014 (Vol.40, No.171), take effect, whichever is later.

 

Rulemaking Authority 120.54(5), 120.542, 373.044, 373.113, 373.421(2) FS. Law Implemented 120.54(5), 120.542, 120.60, 373.083(5), 373.118, 373.414(17), 373.421(2) FS. History–New 8-4-98, Amended 1-11-99, 4-10-02,_______.

40C-1.135 Delegations of Authority.

(1) No change.

(2) The Board of Trustees of the Internal Improvement Trust Fund, pursuant to Rule 18-21.0051, F.A.C., has delegated to the Governing Board the authority to review and take final agency action on certain applications to use sovereign submerged lands. Rule 18-21.0051, F.A.C., also provides that the Governing Board may further delegate review and decision making authority to District staff. Therefore, the Governing Board delegates this authority to the Executive Director, Assistant Executive Director, Director and Assistant Director of the Division of Regulatory Services, Chief of the Bureau of Environmental Resource Regulation, and each Regulatory Coordinator Service Center Director, when an application to use sovereign submerged lands involves an activity which is reviewed pursuant to the general permit procedures of Chapter 62-330, F.A.C.

This rule will become effective on January 1, 2016, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on September 3, 2014 (Vol.40, No.171), take effect, whichever is later.

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.53, 373.016, 373.103, 373.113, 373.118, 373.4131 FS. History–New 8-1-89, Amended 1-4-96, 11-11-03, 10-1-13,                            .

 

40C-1.603 Permit Fees.

A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules or permit programs delegated to the District. Effective October 1, 1990, governmental entities shall be required to submit the fees established except as provided in subsection (17) or (18). This fee recovers some of the District’s costs of processing applications.

The fee schedule is:

(1) and (2) No change.

(3) Chapter 62-330, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

(a) New applications (excluding projects described in paragraphs (3)(b) and (3)(c) below) – based on the categories below:

1. Total pProject area of less than 10 acres, with no works in, on, or over $490

wetlands and other surface waters, and no boat slips, and:

a. Total project area of less than 10 acres$490

b. Total project area of more than 10 acres but less than 40 acres$1,190

2. Total project area of less than 10 acres, less than 1 acre of works in, $1,190

on, or over wetlands and other surface waters, and less than 10 new boat slips

3. Project exceeds any of the thresholds in subparagraph (3)(a)2. above, but $2,110

involves a total project area of less than 40 acres, less than 3 acres of works in,

on, or over wetlands and other surface waters, and less than 30 new boat slips

4. Project exceeds any of the thresholds in subparagraph (3)(a)3. above, $5,610

but involves a total project area of less than 100 acres, less than 10 acres of

works in, on, or over wetlands and other surface waters, and less than 50 new

boat slips

5. Project exceeds any of the thresholds in subparagraph (3)(a)4. above, but $5,610 9,120

involves a total project area of less than 640 acres, and less than 50 acres of works

in, on, or over wetlands and other surface waters

6. Project exceeds any of the thresholds in subparagraph (3)(a)5. above$9,120 11,220

7. When a project requires a Chapter 40C-44, F.A.C., environmental resource agricultural system permit with no works in, on, or over wetlands and other surface waters, the fee will be the same as the fee under subsection (10) below based on the acreage.

(b) through (c) No change.

(d) Major modifications of Chapter 62-330, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

1. Major modifications that are consistent with an existing conceptual 50% of the fee

approval permitfor a new

permit under

(3)(a) above for

the activity

proposed in the

modification

2. Major modifications to a permit that increase the total project areaSame as fee for

a new permit

under (3)(a)

above for the

activity

proposed in the

modification

3. Other major modifications50% of the fee

for a new

permit under

(3)(a) above for

the activity

proposed in the

modification

initial

application

(e) Minor modifications of Chapter 62-330, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

1. No change.

2. Other extensions$200 or 25% of

the fee for a

new permit

under (3)(a)

above

(whichever is

less)

32. All other minor modifications25% of the fee

for a new

permit under

(3)(a) above for

the activity

proposed in the

modification

initial

application

(4) through (6) No change.

(7) Formal Determinations:

(a) through (e) No change.

(f) For properties that had a formal determination, when submitted within50% of the fee

2 years after expiration of the formal determination, provided petitioner certifiesunder (7)(a)-(d)

there are no unpermitted alterations in physical conditions and no change in above

delineation methodology since issuance of prior formal determination, as

confirmed by the District

(8) through (10) No change.

(11) Modifications of Permits. Unless the fee for modification of a permit is specifically provided above, the fee required with an application for modification shall be that which is established for the applicable type of permit. However, when an applicant for a permit under Chapter 62-330, F.A.C., resubmits within 365 days after withdrawing an application for an activity on part of the same project area for which it already paid the application fee, no fee shall be charged except for any additional fee required due to a change in the project. Additionally, until July 1, 2015, the fee for letter minor modification of a permit issued pursuant to Chapter 40C-4, 40C-40, or 40C-42, F.A.C., before (October 1, 2013) shall continue to be the following applicable fee that existed in Rule 40C-1.603, F.A.C., on February 10, 2010, unless the permittee elects review in accordance with the rules adopted pursuant to Section 373.4131, F.S.:

(a) Chapter 40C-4, F.A.C., permits$270

(b) Chapter 40C-40,F.A.C., permits$160

(c) Chapter 40C-42, F.A.C., permits$110

Beginning July 1, 2015, the fee for minor modification of any permit issued pursuant to Chapter 40C-4, 40C-40, or 40C-42, F.A.C., shall be the fee for the equivalent modification that would be authorized under Rule 62-330.315 or Chapter 62-342, F.A.C.

(12) through (19) No change.

This rule will become effective on January 1, 2016, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on September 3, 2014 (Vol.40, No.171), take effect, whichever is later.

Rulemaking Authority 373.044, 373.109, 373.113, 373.421(2) FS. Law Implemented 218.075, 373.109, 373.4131, 373.421(2) FS. History–New 10-1-87, Amended 6-1-88, 10-17-88, Formerly 40C-1.202, Amended 8-1-89, 10-19-89, 8-19-90, 7-21-91, 7-23-91, 8-11-91, 9-25-91, 11-12-91, 10-20-92, 11-30-92, 1-6-93, 12-6-93, 1-23-94, 4-12-95, 1-4-96, 4-25-96, 10-2-96, 10-11-01, 4-10-02, 11-11-03, 2-1-05, 2-16-10, 10-1-13, 8-14-14, 11-3-15,                             .

 

40C-1.612 Transfer of Ownership or Permit.

(1) No change.

(2) Transfer of Permit.

(a) Transfer without Conversion to Operation Phase. To transfer a permit that does not involve a conversion transfer of a construction permit for a 40C-44 system or activity to its operation phase, the permittee must provide the information required in subsection (1) above, together with a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit. Additionally, where applicable, the proposed transferee must demonstrate that it is capable of constructing, operating, and maintaining the permitted facility, 40C-44 system or activity, consumptive use, or well. Once the required information has been provided, the District shall transfer the permit to the proposed transferee in accordance with paragraph (5)(a) below. A permit issued pursuant to Chapter 62-330 or 62-342, F.A.C., other than a permit for a 40C-44 system or activity, shall not be subject to this rule.

(b) through (c) No change.

(3) through (4) No change.

(5) Timeframes for Transfers.

(a) Transfer without Conversion to Operation Phase. Except for those transfers associated with the conversion of a construction permit for a 40C-44 system or activity to its operation phase (which are addressed in paragraph (5)(b) below), the District shall transfer a permit within 5 days of receiving a complete request for transfer pursuant to subsection (1) and paragraph (2)(a) above. However, the District may toll the time for the transfer by notifying the permittee, within 30 days of receipt of the request, that additional information is required to adequately review the transfer request pursuant to subsection (1) and paragraph (2)(a) above, or that deficiencies in the permitted facility, 40C-44 system or activity, consumptive use, or well must be corrected prior to transfer. Within 30 days of receipt of the additional information that meets the requirements of subsection (1) and paragraph (2)(a) above and of verification of the corrected deficiencies, the District shall transfer the permit. If the District therafter fails to transfer the permit within 30 days, the transfer shall be deemed approved. If the permittee fails to provide the requested information within 90 120 days of receipt of the request for additional information, then the request for transfer shall be subject to administrative denial without prejudice and the provisions of Rule 40C-1.1008, F.A.C., shall apply.

(b) Transfer with Conversion to Operation Phase. Within 60 days of receiving a complete request to convert a construction permit for a 40C-44 system or activity to its operation phase and to transfer the permit to the operation and maintenance entity, pursuant to paragraph (2)(b) above, the District shall convert the permit from its construction phase to its operation phase and transfer the permit to its operation and maintenance entity. However, the District may toll the time by notifying the permittee, within 30 days of receipt of the request, that additional information is required to adequately review the request, pursuant to subsection (1) and paragraph (2)(b) above, or that deficiencies in the permitted system or activity must be corrected prior to conversion and transfer. Within 30 days of receipt of the additional information that meets the requirements of subsection (1) and paragraph (2)(b) above and of verification of the corrected deficiencies, the District shall convert the construction permit to its operation phase and transfer the permit to the operation and maintenance entity. If the District thereafter fails to convert or transfer the permit within 30 days, the conversion and transfer shall be deemed approved. If the permittee fails to provide the requested information within 90 120 days of receipt of the request for additional information, then the request for transfer shall be subject to administrative denial without prejudice and the provisions of Rule 40C-1.1008, F.A.C., shall apply.

(c) No change.

(6) No change.

This rule will become effective on January 1, 2016, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on September 3, 2014 (Vol.40, No.171), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083, 373.171, 373.309, 373.413, 373.4131, 373.416, 373.426, 373.429, 373.436 FS. History–New 8-1-89, Amended 10-19-89, 7-20-95, 11-6-95, 10-1-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas I. Mayton, Jr., St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 12, 2015 (for 40C-1.1008, 40C-1.603, 40C-1.612, F.A.C.) and November 12, 2015 (for 40C-1.135 , F.A.C. only)