Definitions., Permits Required., Procedures to Obtain a Permit., Processing of Notices and Applications., Documents Incorporated by Reference., Modification of Permits., Permit Extensions., Environmental Resource Permit Forms.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-346.030: Definitions.
62-346.050: Permits Required.
62-346.070: Procedures to Obtain a Permit.
62-346.090: Processing of Notices and Applications.
62-346.091: Documents Incorporated by Reference.
62-346.100: Modification of Permits.
62-346.120: Permit Extensions.
62-346.900: Environmental Resource Permit Forms.

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. 33 No. 10, March 9, 2007 issue of the Florida Administrative Weekly.

62-346.030 Definitions.

Except as otherwise defined in this chapter or in the Applicant’s Handbook, the definitions in Rules 62-4.020, 62-340.200 and 62-341.021, F.A.C., and the following definitions apply to this chapter and to the Applicant’s Handbook Volumes I and II. However, the definitions in subsections 62-346.030(8), (11), (17), (20), (24), (29), (35), (39), and (42), F.A.C., are not applicable under this rule until the effective date of the rules adopted under Section 373.4145(1)(b), F.S.:

(24) “Listed species” means those animal species that are endangered, threatened or of special concern and are listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C., and those plant species listed in 50 Code of Federal Regulation 17.12, as amended June 19, 2006, when such plants are located in a wetland or other surface water.

(40) “Registered Professional” means a professional registered or licensed in Florida with the necessary expertise in the fields of hydrology, hydrogeology, hydraulics, drainage, flood control, erosion and sediment control, and stormwater pollution control, and who is qualified by education and experience in the technical analyses, design, and application of required structures, processes, and systems, to design and certify the stormwater management systems under review. Examples of registered professionals, authorized pursuant to Chapter 455, F.S., and the respective practice acts by which they are regulated, are professional engineers licensed under Chapter 471, F.S., professional landscape architects licensed under Chapter 481, F.S., professional surveyors and mappers under Chapter 472, F.S., and professional geologists licensed under Chapter 492, F.S. Registered professionals may sign and seal only those drawings, documents, and calculations commensurate with their skills, background, knowledge, education, and experience, and in accordance with their respective practice acts.

 

62-346.050 Permits Required.

(1) Unless an activity qualifies for an exemption under Rule 62-346.051, F.A.C., or a noticed general permit under Chapter 62-341, F.A.C., an individual permit under this chapter must be obtained from the Department prior to the construction, alteration, operation maintenance or repair (excluding routine custodial maintenance), abandonment, or removal of a stormwater management system. This includes all applications for conceptual approval permits. Applications for individual permits will be reviewed and acted upon in accordance with subsection 62-346.090(2), F.A.C. However, dredging and filling in, on, or over surface waters of the state remain subject to the requirements of Chapter 62-312, F.A.C., and permits under this chapter are not required for such activities until the effective date of the rules adopted under Section 373.4145(1)(b), F.S.

(2) Activities qualify for a noticed general permit if they meet the criteria in Chapter 62-341, F.A.C. Noticed general permits will be reviewed and acted upon in accordance with subsection 62-346.090(1), F.A.C.

(3) In addition to any permits required under this chapter, dredging and filling in, on, or over surface waters of the state remain subject to the requirements of Chapter 62-312, F.A.C., including the need to obtain a separate permit under that chapter until the effective date of the rules adopted under Section 373.4145(1)(b), F.S. The construction, alteration, operation, maintenance or repair (excluding routine custodial maintenance), abandonment, or removal of an activity that requires a permit under this chapter but is not eligible for a noticed general permit will require an individual permit. This includes all applications for conceptual approval permits. Applications for individual permits will be reviewed and acted upon in accordance with subsection 62-346.090(2), F.A.C.

 

62-346.070 Procedures to Prepare Applications and Notices for Permits and to Request Verification of Qualification for an Exemption.

(2) Applications and notices shall be prepared as follows:

(a) Applications for individual permits shall be made on Form 62-346.900(1), “Application for Stormwater Permit in Northwest Florida,” incorporated by reference herein.

1. Applications to the Department for individual permits must contain one original of the completed application with original signatures on Section A; location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; construction plans and, drawings, calculations, environmental information, and other details supporting documents requested in Section B that depict and describe the design, nature, scope, limits, intent, and functioning of the proposed activities; one paper copy of all the above; and the fee as required by Rule 62-346.071, F.A.C.

2. Applications to the NWFWMD for individual permits can be submitted through the NWFWMD Internet site at http://www.nwfwmd.state.fl.us/permits/permits-ERP.html. The application must include as attachments: location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; construction plans and, drawings, calculations, environmental information, and other details supporting documents requested in Section B that depict and describe the design, nature, scope, limits, intent, and functioning of the proposed activities; and the fee as required by Rule 62-346.071, F.A.C. If the applicant does not utilize the electronic application, paper copies shall be submitted by mail or other delivery service to the appropriate office of the NWFWMD. If a paper application is submitted, it must include all requirements of subparagraph 62-346.070(2)(a)1., above, as for the Department.

(b) A notice of intent to use a noticed general permit under Chapter 62-341, F.A.C., shall be made at least 30 days prior to initiating the activities, or by such other time as specified in the noticed general permit by submitting a completed Form 62-346.900(2), “Notice of Intent to Conduct a Noticed General Permit in Northwest Florida,” incorporated by reference herein.

1. The notice to the Department must contain one original of the completed notice with original signatures; one copy of the completed notice; location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; two sets of construction plans and, drawings, calculations, environmental information, and other details required in the noticed general permit supporting documents that depict and describe the design, nature, scope, limits, intent, and functioning of the proposed activities; and the notice fee required by Rule 62-346.071, F.A.C.

2. The notice to the NWFWMD can be submitted through the NWFWMD Internet site at http://www.nwfwmd.state.fl.us/ permits/permits-ERP.html. The notice must include as attachments: location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; construction plans and, drawings, calculations, environmental information, and other details required in the noticed general permit supporting documents that depict and describe the design, nature, scope, limits, intent, and functioning of the proposed activities; and the fee as required by Rule 62-346.071, F.A.C. If the applicant does not utilize an electronic permit application, paper copies shall be submitted by mail or other delivery service to the appropriate office of the NWFWMD. If a paper application is submitted, it must include all requirements of subparagraph 62-346.070(2)(b)1., above, as for the Department.

(c) Verification of exemptions may be requested as provided below:

1. Applications to the Department for verification of exemptions for stormwater systems that do not involve any work in, on, or over surface waters of the state shall be made either electronically via the Internet site of the Department, or by submitting an “Application for Stormwater Permit in Northwest Florida” in accordance with paragraph 62-346.070(2)(a), F.A.C., or by letter. Applications for verification of any exemption that involves work in, on, or over waters of the state shall be made either on Form 62-312.900(1), “Joint Application for Works in the Waters of Florida,” incorporated by reference herein, or by letter. The application or letter must contain location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; two sets of construction plans and, drawings, calculations, environmental information, and other supporting documents that depict and describe the proposed activities.

2. Applications to the NWFWMD for verification of exemption under this chapter can be submitted through the NWFWMD Internet site at http://www.nwfwmd.state.fl.us/permits/permits-ERP.html. If the applicant does not utilize the electronic self-certification on the NWFWMD Internet site, then a verification of exemption may be obtained from the NWFWMD by providing the following for review: location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; and construction plans and, drawings, calculations, environmental information, and other supporting documents sufficient to depict and describe the proposed activities. The NWFWMD will advise in writing whether the activity is exempt.

(5) All copies of the construction plans and drawings, together with supporting calculations and documentation submitted to the Department must be signed, sealed, and dated by a registered professional, as required by Chapters 471, 472, 481 or 492, F.S., as applicable, when the design of the system requires the services of a registered professional for paper applications submitted to the Department or NWFWMD. For electronic application submissions to the NWFWMD, an electronic signature file must be submitted that shall serve the same purpose as individual signing or sealing of paper applications, plans, and supporting documents.

 

62-346.090 Processing of Notices and Applications.

(4) Unless otherwise provided for in this rule, processing fees for applications under one fee category shall not be refunded in whole or in part where an applicant modifies a project to qualify for a lesser fee category when the project did not qualify for that fee category when processing commenced. However, refunds shall be given for those incomplete applications that qualify for the lesser fee category solely as a result of a change in Department rules while the application is being processed.

 

62-346.091 Documents Incorporated by Reference.

(1) The following documents are hereby incorporated by reference for use in this Chapter:

(a) “Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant's Handbook – Volume I (General),” including Appendices A and C, but excluding Appendices A, B, C, and D, effective [Effective Date]. [Summary of Changes: Updated Figure 1B in Section 1.2 to correctly show the location of the Northwest Florida Water Management District Office in Gadsden County; and clarification of language in sections 12.3.1 and 12.3.2 to better identify the financial and legal requirements of non-governmental entities to operate and maintain stormwater management systems. These changes can be viewed in the updated Applicant’s Handbook Volume I accessible at: http://www.dep.state.fl.us/water/wetlands/erp/rules/draft_nw.htm].

(b) “Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant's Handbook – Volume II (Design Requirements for Stormwater Treatment and Management Systems – Water Quality and Water Quantity),” including Appendix A, effective [Effective Date]. [Summary of Changes: Correction of text in sections 3.3.2(d), 3.3.4(a)5., 4.6, and 8.7 to conform to terminology used in the rest of the Handbook; and amendments to the requirements for Sensitive Karst Areas in sections 17.3.2 and 17.3.3 to reflect comments received before and during the rule adoption hearing, including correction to the description of low permeability material, the addition of an option to use an impermeable liner, requirements for vegetating basin side slopes and bottoms, and additional options for demonstrating that proposed systems are not within the influence of a sensitive Karst feature.  These changes can be viewed in the updated Applicant’s Handbook Volume II accessible at: http://www.dep.state.fl.us/water/wetlands/erp/rules/draft_nw.htm].

 

62-346.100 Modification of Permits.

(2) Modifications to individual permits also shall may be required by the Department when conditions warrant, based on the following as follows:

(b) Where appropriate to exercise its authority set forth in revoke or modify a permit in accordance with Section 373.429, F.S.

 

62-346.120 Permit Extensions.

(1) An application to extend the duration of an individual environmental resource permit under this chapter may be applied for and will be evaluated in accordance with the provisions of this chapter applicable to permit modifications, and the provisions of subsections (2) and (3) below.

(2) A modification to extend a valid individual permit shall be granted if the application for extension is received by Department before expiration of the permit construction phase, and the activity:

(a) Continues to be consistent with plans, terms, and conditions of the valid permit;

(b) Is consistent with the Department’s rules in effect at the time the Department takes final agency action on the request for extension; and

 

62-346.900 Environmental Resource Permit Forms.

The forms and instructions used in the Environmental Resource Permit program under this chapter are incorporated by reference as stated in subsections (1) through (10) below. The forms are listed by rule number, which is also the form number, and with the subject title and effective date. Copies of forms may be obtained from the Internet sites of the Department at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm, or NWFWMD at http://www.nwfwmd.state.fl.us/permits/permits-ERP.html, or from any local district or branch office of the Department (see http://www.dep.state.fl.us/secretary/dist/) or NWFWMD, or by writing to the Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Office, M.S. 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or to Northwest Florida Water Management District, District Headquarters Office, 75 Water Management Drive, Havana, Florida 32333.

(1) “Application for Stormwater Permit in Northwest Florida,” incorporated by reference in subsection 62-346.070(2), F.A.C., [Effective Date]. [Summary of Changes: Deleted the word “engineering” in the plan and drawing detail requirements in Section B.V; and corrected Figure 1B in Appendix C, Form 62-346.900(1) Attachment 1, to correctly show the location of the Northwest Florida Water Management District Office in Gadsden County.  These changes can be viewed in the updated Applicant’s Handbook Volume I accessible at: http://www.dep.state.fl.us/water/wetlands/erp/rules/draft_nw.htm].

(2) “Notice of Intent to Use an Environmental Resource Noticed General Permit in Northwest Florida,” incorporated by reference in subsection 62-346.070(2), F.A.C., [Effective Date]. [Summary of Change: Conformed the level of plan and drawing detail requirements in Section B.1. with the rest of the Handbook by deleting the word “construction,” adding the word “drawings,” and deleting the words “an appropriate.” These changes can be viewed in the updated Applicant’s Handbook Volume I accessible at: http://www.dep.state.fl.us/water/wetlands/erp/rules/draft_nw.htm].