The purpose and effect of this rulemaking is to amend rules of the South Florida Water Management District (“District”) consistent with Section 373.4131, F.S. (2012),which requires the Florida Department of Environmental Protection (“DEP”) in ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NOS.:RULE TITLES:
40E-40.010Review of Environmental Resource Standard Permit Applications
40E-40.011Policy and Purpose
40E-40.021Definitions
40E-40.031Implementation
40E-40.041Permit Thresholds
40E-40.042Standard Permit for Incidental Site Activities
40E-40.051Standard Permit Authorization
40E-40.061Delegation of Authority Pertaining to General Environmental Resource Permits, General Surface Water Management Permits and Associated Sovereign Submerged Lands Authorizations
40E-40.091Publications, Rules and Interagency Agreements Incorporated by Reference
40E-40.101Content of Permit Application
40E-40.141Request for Additional Information
40E-40.302Conditions for Issuance of Permits
40E-40.321Duration of Permits
40E-40.331Modification of Permits
40E-40.341District Revocation or Modification of Permits
40E-40.351Transfer of Permits
40E-40.381General Conditions
40E-40.391Forms and Instructions
40E-40.407Permit Application Processing Fees
PURPOSE AND EFFECT: The South Florida Water Management District (“District”) proposes to repeal these rules to be consistent with Section 373.4131, F.S. (2012),which requires the Florida Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop environmental resource permitting (“ERP”) rules, which will be applicable statewide.  To implement Section 373.4131, F.S., DEP has published a Notice of Rule Development in the Florida Administrative Register and has posted preliminary draft rule text on its website at http://www.dep.state.fl.us/water/wetlands/swerp/index.htm.    DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will result in these rules becoming duplicative and unnecessary.
SUMMARY: The proposed rules will be repealed as the substance will be addressed in Chapter 62-330, F.A.C.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 District is proposing to repeal this Rule Chapter.  The repeals will have no adverse impact on small business.
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 form entitled “Is a SERC Required?” and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed form entitled “Is a SERC Required?” and summary and the analysis performed by District staff in preparing and completing those documents, the proposed rule amendments are 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: 120.53(1), 120.54, 120.60, 373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.413(1), 373.4131, 373.414, 403.812 FS.
LAW IMPLEMENTED: 120.52(16), 120.53, 120.54, 120.60, 373.016, 373.019, 373.046, 373.085, 373.103, 373.106, 373.116, 373.117, 373.118, 373.229, 373.403, 373.406(5), 373.413, 373.4131, 373.414, 373.416, 373.419, 373.426, 373.427, 373.429, Chapter 373 Part IV FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 9, 2013, 9:00 a.m.
PLACE: South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
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: South Florida Water Management District Clerk's Office, [phone], ext. 2087, or [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: Anita R. Bain, Environmental Resource Permitting Bureau Chief, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6866 or [phone], [e-mail]. For procedural questions, contact Jan Sluth, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6299, or [phone], [e-mail]. Information regarding this rulemaking process can be accessed at SFWMD’s website http://www.sfwmd.gov/rules

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-40.010 Review of Environmental Resource Standard Permit Applications.

Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History–New 7-2-98, Amended 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.011 Policy and Purpose.

Rulemaking Authority 373.044, 373.113, 373.118, 373.413(1) FS. Law Implemented 373.118, 373.413(1), 373.416 FS. History–New 9-3-81, Formerly 16K-4.021(1)(d), 16K-4.022(1)(e), Amended 7-26-87, 4-20-94, 10-3-95, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.021 Definitions.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.019, 373.403, 373.413, 373.416, 373.419, 403.031(16), 704.06 FS. History–New 9-3-81, Amended 12-1-82, 7-26-87, 4-20-94, 10-3-95, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.031 Implementation.

Rulemaking Authority 373.044, 373.113, 373.118(1) FS. Law Implemented 373.103(1), Part IV, Ch. 373 FS. History–New 9-3-81, Amended 12-1-82, 7-26-87, 4-20-94, 10-3-95, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.041 Permit Thresholds.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.406(5), 373.413(1), 373.416 FS. History–New 4-20-94, Amended 10-3-95, 5-28-00, 6-26-02, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.042 Standard Permit for Incidental Site Activities.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(2), 373.103(4), 373.118, 373.413, 373.416 FS. History–New 9-3-81, Formerly 16K-4.021(1), 16K-4.022(1), Amended 12-1-82, 7-26-87, 4-20-94, 10-3-95, 5-28-00, 12-15-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.051 Standard Permit Authorization.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.103(2), (6), 373.427 FS. History–New 10-3-95, Amended 4-1-96, 5-28-00, 7-19-07, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.061 Delegation of Authority Pertaining to General Environmental Resource Permits, General Surface Water Management Permits and Associated Sovereign Submerged Lands Authorizations.

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.118 FS. Law Implemented 120.53, 373.016, 373.118 FS. History–New 4-1-96, Formerly 40E-1.6015, Amended 5-28-00, 7-19-07, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.091 Publications, Rules and Interagency Agreements Incorporated by Reference.

Rulemaking Authority 120.54(8), 373.044, 373.046, 373.113, 373.171, 373.414, 403.812 FS. Law Implemented 120.54(8), 373.046, 373.403, 373.413, 373.414, 373.416, 373.429 FS. History–New 11-15-92, Amended 1-23-94, 4-20-94, 10-3-95, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.101 Content of Permit Application.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.117, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.141 Request for Additional Information.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.416, 373.419 FS. History–New 9-3-81, Amended 4-20-94, 10-3-95, 4-14-03, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.302 Conditions for Issuance of Permits.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.046, 373.413, 373.416 FS. History–New 9-3-81, Formerly 16K-4.021(1)(a), (2), 16K-4.022(1)(a), (b), Amended 12-1-82, 7-26-87, 11-15-92, 4-20-94, 10-3-95, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.321 Duration of Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416, 373.419, 373.426 FS. History–New 9-3-81, Amended 12-1-82, 7-26-87, 4-20-94, 10-3-95, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.331 Modification of Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(1) FS. History–New 12-1-82, Amended 4-20-94, 10-3-95, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.341 District Revocation or Modification of Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(6), 373.429 FS. History–New 9-3-81, Formerly 16K-4.021(1)(e), 16K-4.022(1)(f), Amended 12-1-82, 10-3-95, 7-2-98, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.351 Transfer of Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(2) FS. History–New 12-1-82, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.381 General Conditions.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.117, 373.118, 373.413, 373.416, 373.419 FS. History–New 9-3-81, Formerly 16K-4.021(1)(b), 16K-4.022(1)(c), Amended 7-26-87, 4-20-94, 10-3-95, 4-14-03, 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.391 Forms and Instructions.

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.118 FS. Law Implemented 120.52(16), 120.53(1), 373.085, 373.116, 373.118, 373.103, 373.106, 373.229, 373.413 FS. History–New 10-3-95, Amended 12-1-11, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

40E-40.407 Permit Application Processing Fees.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.109 FS. History–New 10-3-95, Repealed_________.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anita R. Bain, Environmental Resource Permitting Bureau Chief
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012