The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012. This statute requires the Department of ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-41.011: Policy and Purpose
40E-41.043: Application of Part I
40E-41.053: Exemptions
40E-41.063: Conditions for Issuance of Permits in the Western Canal 9 Basin
40E-41.143: Application of Part II
40E-41.160: Content of Application
40E-41.243: Application of Part III
40E-41.260: Content of Application
40E-41.263: Conditions for Issuance of Permits in the C-51 Basin
40E-41.333: Implementation
40E-41.343: Application of Part IV
40E-41.363: Conditions for Issuance of Permits in the Water Preserve Area, Water Preserve Area Basin, or Adjacent to the Protective Levees

PURPOSE AND EFFECT: The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012. This statute requires the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental permitting (ERP) rules. To implement Section 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. DEP’s proposed rulemaking for Chapter 62-330 will include provisions currently addressed in SFWMD’s Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, and will necessitate amendments to SFWMD Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41 and 40E-400, F.A.C., and its existing Basis of Review. Therefore, the purpose of this rule development is to revise SFWMD’s Chapter 40E-41, F.A.C., rules to be consistent with DEP’s adoption of statewide ERP rules in Chapter 62-330, F.A.C. This will primarily be done by revising rule citations to reflect Chapter 62-330, F.A.C.

SUBJECT AREA TO BE ADDRESSED: Among other things, this rule development will cover the revision of SFWMD rules by rule amendment, development or repeal as needed to accomplish the consistency with the statewide ERP rules on the following subjects: (1) rule citations, and (2) other rules for which conforming amendments may be needed along with any rule changes to be consistent with Chapter 62-330, F.A.C., and the requirements of Section 373.4131, F.S.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.4131 FS.

LAW IMPLEMENTED: 373.085, 373.086, 373.413, 373.4131, 373.416, 373.426 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anita 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: Joyce Rader, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6259 or [phone], [e-mail]. Information regarding this rule development effort can be accessed at SFWMD’s website www.sfwmd.gov

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.