This rulemaking will incorporate the revised “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection” into Rule 62-113.100, where the ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:
62-113.100Purpose
PURPOSE AND EFFECT: This rulemaking will incorporate the revised “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection” into Rule 62-113.100, where the Department has incorporated similar agreements. The Agreement needs to be moved from where it is currently incorporated by reference in subsection 62-346.030(33), F.A.C., to another chapter that will remain in effect if Chapter 62-346, F.A.C., is repealed upon the effective date of the statewide environmental resource permit rule Chapter 62-330, F.A.C.
In addition, the Agreement is being updated to, most notably: (1) remove the current requirement for the Department to review and take agency action, including enforcement and compliance involving dredging, filling, or construction in, on, or over five or more acres of wetlands or other surface waters; (2) provide that the Department will be responsible for review and take agency action, including enforcement and compliance of projects submitted by, or on behalf of, named military installations within the Northwest Florida Water Management District (NWFWMD); and (3) provide that the NWFWMD will be responsible for review and final action on petitions for formal determinations under Section 373.421, F.S., filed by entities regarding properties on which they propose to undertake activities for which the NWFWMD would have permitting responsibility under this Agreement.
SUMMARY: The rule will update the division of responsibilities between the Department and the NWFWMD regarding review and agency action on activities regulated under Part IV of Chapter 373, F.S., including permitting, compliance, enforcement, and formal determinations of the landward extent of wetlands and other surface waters. The rule also will result in the updated Agreement being incorporated by reference in Chapter 62-113, F.A.C., instead of in Chapter 62-346, F.A.C.
OTHER RULES INCORPORATING THIS RULE: Rule 18-21.0051, F.A.C., 62-113.200, F.A.C., 62-342.850, F.A.C., 62-343.020, F.A.C.
EFFECT ON THOSE OTHER RULES: None.
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 amendment to rule 62-113.100 will be to incorporate by reference a revised operating agreement between the Department and the Northwest Florida Water Management District. The revisions to the agreement only affect the division of authority between the two agencies to review and take agency action on permitting activities and will not affect 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: 373.043, 373.046, 373.418, 373.441, 403.061 FS.
LAW IMPLEMENTED: 373.026, 373.046, 373.109, 373.441, 403.061, 403.182 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: May 24, 2013, 9:00 a.m. (EST)
PLACE: This hearing will be broadcast via webinar. Parties can register to attend the webinar via their personal computers with audio by telephone (regular long distance telephone charges will apply) or by speakers connected to their computer (no telephone charges will apply). Webinar registration is via https://www2.gotomeeting.com/register/942754674. Alternatively, persons may view the webinar at the following location where staff will be present to accept comments: Department of Environmental Protection, Bob Martinez Bldg., Room 609, 2600 Blair Stone Rd., 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: Mary VanTassel at [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: Alice Heathcock, 2600 Blair Stone Road, MS 2500, Tallahassee, FL 32399-2400, [phone], [e-mail].; or facsimile [phone]. (OGC No. 12-1497)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-113.100 Purpose.

(1) through (2) No change.

(3)(a) through (z) No change.

(aa) #10-1: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection,” effective (effective date) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02670).

Rulemaking Authority 373.043, 373.046, 373.4145, 373.418, 373.441, 403.061 FS. Law Implemented 373.026, 373.046, 373.109, 373.4145, 373.441, 403.061, 403.182 FS. History–New 1-5-93, Amended 11-16-93, 3-14-94, Formerly 17-113.100, Amended 7-4-95, 4-3-96, 3-24-98, 12-3-98, 7-16-01, 7-1-07, 12-26-07, 2-9-12, [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: Mark Thomasson, Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 22, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2012