Procedures for Requesting Delegation, Criteria for Review, Delegations to Entities Identified in s. 373.441(1)(g), F.S., Procedures for Identifying and Reconciling Duplicative Permitting and Incorporation of Stricter Local Standards

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-344.300: Procedures for Requesting Delegation
62-344.500: Criteria for Review
62-344.550: Delegations to Entities Identified in s. 373.441(1)(g), F.S.
62-344.600: Procedures for Identifying and Reconciling Duplicative Permitting and Incorporation of Stricter Local Standards

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 1, January 6, 2012 issue of the Florida Administrative Weekly.

62-344.300 Procedures for Requesting Delegation.

(1) through (12) No change.

(13) In the event a delegation under this chapter is not approved or denied within one year after being initiated, the local government seeking the delegation may petition the Governor and Cabinet for review of the request for delegation. Section 373.441(2), F.S., provides for Governor and Cabinet reversal of decisions of the Department. The date the local government submits its petition for delegation to the Department shall be considered the date the delegation was initiated. The Governor and Cabinet may reverse the decision of the Department and may provide any necessary conditions to allow the delegation of authority to occur.

(a) through (c) No change.

(d) The petition shall include the following:

1. No change.

2. The mailing address, e-mail address, telephone number, and facsimile number of the primary contact person in the local government;

3. through 6. No change.

(14) through (17) No change.

62-344.500 Criteria for Review.

(1) through (3) No change.

(4) The Department shall not delegate the environmental resource permit program for the following.

(a) through (i) No change.

(5) Notwithstanding the provisions of subsection 62-344.500(4) 62-344.500(5), F.A.C., the Department may delegate to a local government the responsibility and authority to perform formal determinations of wetlands and surface waters; perform compliance inspections and monitoring for activities subject to regulation under Part IV of Chapter 373, F.S.; and enforce orders and rules, including environmental resource permits issued or adopted by the Department or District pursuant to the authority of Part IV of Chapter 373, F.S.

(6) No change.

62-344.550 Delegations to Entities Identified in Section 373.441(1)(g), F.S.

A county having a population of 75,000 or fewer, or a municipality or local pollution control program serving a population of 50,000 or fewer may request limiting the scope of delegation to the following:

(1) Reviewing, taking agency action, and performing compliance and enforcement on narrowly-targeted types of activities, such as stormwater management systems that fall below specified size, location, or volume thresholds;

(2) Performing monitoring, compliance or enforcement of activities regulated under Part IV of Chapter 373, F.S., on behalf of the Department or District; or

(3) Performing formal determinations of wetlands and surface waters in accordance with the rules adopted under Section 373.421, F.S.

Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New_________.

62-344.600 Procedures for Identifying and Reconciling Duplicative Permitting and Incorporating Stricter Local Standards.

If the Department determines to delegate all or a portion of the environmental resource permit program to a local government, the following procedures shall be followed to identify and reconcile duplicative permitting and incorporate stricter local standards.

(1) through (2) No change.

(3) The local government shall act on the delegated application or notice under Part IV of Chapter 373, F.S., and its stricter standards within the time frames requiring agency action under Section 120.60 Chapter 120, F.S., and Part IV of Chapter 373, F.S., and the rules adopted thereunder, as applicable.

(4) A local government that receives delegation of all or a portion of the environmental resource permit program shall not require an applicant to obtain a corresponding separate local permit for those activities during the period the delegation is in effect, except when any of the following exist:

(a) A decision on the local permit cannot be made within the timeframes requiring required agency action on for issuance or denial of the delegated environmental resource permit application or notice under Section 120.60 Chapter 120, F.S., and Part IV of Chapter 373, F.S.;

(b) through (c) No change.

CONTACT: Mary VanTassel, Bureau of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, FL 32399-2400, telephone [phone], facsimile [phone] or e-mail [e-mail]. (OGC No. 10-2686)