The purpose of this proposed rulemaking is to update department rules regarding fees for radiological environmental monitoring in phosphate mining areas.

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-5.1003: Monitoring Fees
PURPOSE AND EFFECT: The purpose of this proposed rulemaking is to update department rules regarding fees for radiological environmental monitoring in phosphate mining areas.
SUMMARY: This rulemaking will update fees for radiological environmental monitoring.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 404.022, 404.051, 404.056, 404.131 FS.
LAW IMPLEMENTED: 404.022(2), 404.131(5), 404.051(4) 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 15, 2008, 1:00 p.m. – 3:00 p.m.
PLACE: 4042 Bald Cypress Way, Room 240P, 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 7 days before the workshop/meeting by contacting: Michael Stephens, Environmental Health Program Consultant, Bureau of Radiation Control, Bin C21, 4052 Bald Cypress Way, Tallahassee, FL 32399-1741; [phone]; email: [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: Michael Stephens, Environmental Health Program Consultant; Bureau of Radiation Control, Bin C21, 4052 Bald Cypress Way, Tallahassee, FL 32399-1741; [phone]; email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

64E-5.1003 Monitoring Fees.

(1) No change.

(2) The annual fees paid by the mining companies shall be calculated by the following method:

(a) Gamma radiation exposure measurements will be made at the rate of one per acre. An annual fee of $11.63 $7.50 per measurement shall be assessed the mining company by the department.

(b) Soil characterization measurements will be made at the rate of one per 20 acres. An annual fee of $496.00 $320.00 per each 20 acres measured shall be assessed the mining company by the department.

(c) Air monitoring measurements will be assessed at the rate of $255.75 $165.00 per measurement. The department shall prorate the cost of air monitoring measurements among the mining companies based on their share of the total acreage to be mined and reclaimed each year. The department will conduct no more than 272 air monitoring measurements per year for all mining companies for which a fee will be assessed.

(d) No change.

(3) through (4) No change.

Specific Authority 404.022, 404.051, 404.056, 404.131 FS. Law Implemented 404.022(2), 404.051(4), 404.131(5) FS. History–New 11-13-85, Amended 9-26-91, Formerly 10D-91.1112, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: William A. Passetti
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Lisa Conti
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 9, 2007