The proposed rule amendments were identified for correction/updating in accordance with Section 120.74, F.S. The proposed rule amendments: 1) correct the District’s rules to delete “general” from standard permits pursuant to Section 373.118(1), F.S.;...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-40.010: Review of Environmental Resource Standard General Permit Applications
40E-40.011: Policy and Purpose
40E-40.031: Implementation
40E-40.041: Permit Thresholds
40E-40.042: Standard General Permit for Incidental Site Activities
40E-40.051: Standard General Permit Authorization
40E-40.091: Publications, Rules and Interagency Agreements Incorporated by Reference
40E-40.141: Request for Additional Information
40E-40.302: Conditions for Issuance of Permits
40E-40.321: Duration of Permits
40E-40.331: Modification of Permits
40E-40.341: District Revocation or Modification of Permits
40E-40.381: General Conditions
40E-40.391: Forms and Instructions

PURPOSE AND EFFECT: The proposed rule amendments were identified for correction/updating in accordance with Section 120.74, F.S. The proposed rule amendments: 1) correct the District’s rules to delete “general” from standard permits pursuant to Section 373.118(1), F.S.; 2) update incorporation language pursuant to Section 120.55(1)(a)4., F.S., and Rule 1B-30.005, F.A.C.; 3) include hyperlinks to materials incorporated by reference pursuant to Section 30.005, F.A.C.; 4) update titles of directors; 5) delete reference to repealed rule; and 6) delete outdated language.

SUMMARY: In compliance with Section 120.74, F.S., the proposed rule amendments update the District's rules to be consistent with statutes and eliminate outdated language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The District has prepared a Statement of Estimated Regulatory Cost. The proposed rules will have no affect on small business. Individuals and other entities, including governmental entities and other users of the District’s 40E administrative rules will benefit from the use of more accurate and up-to-date rules.

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.

The proposed rules do not require legislative ratification pursuant to Section 120.54(3), F.S.

RULEMAKING AUTHORITY: 120.53(1), 120.54(5), 120.54(8), 120.60, 373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.413(1), 373.414, 403.812 FS.
LAW IMPLEMENTED: 120.54, 120.60, 373.046, 373.103, 373.118, 373.403, 373.406, 373.413, 373.414, 373.416, 373.419, 373.426, 373.427, 373.429 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 13, 2011, 9:00 a.m.

PLACE: South Florida Water Management District, 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, 1(800)432-2045, 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], email: [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], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULES IS:

GENERAL ENVIRONMENTAL RESOURCE STANDARD PERMITS

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

Environmental rResource sStandard General permit applications are processed pursuant to Section 120.60, F.S., Part VI of Chapter 40E-1, F.A.C., and Chapter 28-106, F.A.C.

PROPOSED EFFECTIVE DATE: December 1, 2011

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

 

40E-40.011 Policy and Purpose.

(1) The rules in this chapter authorize environmental resource standard general permits for certain surface water management systems which have been determined to be not harmful to the water resources of the District and to be not inconsistent with the objectives of the District. This chapter sets forth the requirements for qualifying for a standard general permit and the conditions under which it may be exercised. Unless expressly exempted by Rule 40E-4.051, F.A.C., surface water management systems which do not qualify for a no notice or noticed general permit pursuant to Chapter 40E-400, F.A.C., and which do not qualify for a standard general permit pursuant to this chapter are required to obtain individual environmental resource permits pursuant to Chapter 40E-4, F.A.C.

(2) No change.

(3) The rules in this chapter also authorize standard general permits for incidental site activities in uplands which may be done in conjunction with the work set forth in an individual environmental resource permit application. Projects qualifying for a standard general permit for incidental site activities shall obtain an individual environmental resource permit for the proposed system and activities in, on, or over wetlands or other surface waters in accordance with this chapter, Chapter 40E-4 or 40E-400, F.A.C.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

40E-40.031 Implementation.

(1) Rule 40E-4.031, F.A.C., specifies the effective dates for the environmental resource standard general permits granted in this chapter.

(2) No change.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

40E-40.041 Permit Thresholds.

(1) Any non-exempt surface water management systems which do not qualify for a no notice or noticed general environmental resource permit, and do not exceed the threshold for individual permits as listed below, shall obtain a standard general permit.

(2) No change.

(3) Notwithstanding the provisions of subsection (2), phases within a conceptually approved project shall be processed as standard general permits provided:

(a) through (c) No change.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

40E-40.042 Standard General Permit for Incidental Site Activities.

(1) through (2) No change.

(3) In order to receive a permit under this rule the applicant must:

(a) Submit an environmental resource permit application deemed complete, as evidenced by a letter of completeness from the District;.

(b) Receive a preliminary staff recommendation of approval of such application;, and

(c) Submit Form 0444 and plans or a description of incidental site activities proposed, including proposed locations for work;. and

(d) No change.

(4) No change.

(5) An application for a Standard General Permit for Incidential Site Activities, Form No. 0444 must be submitted Authorization to conduct incidental site activities pursuant to this rule must be approved by the Regulation Department Director or designee by letter to the applicant. Form No. 0444, effective date December 2011, is incorporated by reference herein and available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext 6436, or [phone].

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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, 12-1-11.

 

40E-40.051 Standard General Permit Authorization.

(1) Application procedures for standard general environmental resource permits are set forth in Rule 40E-1.603, F.A.C., and are incorporated by reference in this rule.

(2) Standard general environmental resource permit authorizations are set forth in Rule 40E-4.303, F.A.C., and are incorporated by reference in this rule.

(3) Agency action shall be taken no later than 60 days after a standard general permit application is declared complete, unless waived by the applicant or stayed by the filing of a petition for an administrative hearing.

(4) For applications for standard general permits, the Governing Board delegates to and appoints the Executive Director, Assistant Deputy Executive Director, Water Resource Regulation Division Department Director, Water Resource Regulation Division Assistant Department Deputy Director, Environmental Resource Permitting Bureau Chief, Division Director, Division Directors, and Service Center Administrators Directors, shall conduct review and issue as its agents for the purposes of reviewing and issuing these permits.

(5) For standard general environmental resource permit applications, or permit applications under subsections 373.414(11)-(16), F.S., which involve activities located on submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund under Chapters 253 or 258, F.A.C., the District shall conduct concurrent application and review procedures in accordance with Section 373.427, F.S., Chapter 18-21, F.A.C., and Rules 62-343.075 and 18-18.014, F.A.C.

PROPOSED EFFECTIVE DATE: December 1, 2011

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

 

40E-40.141 Request for Additional Information.

The District may request additional information from standard general permit applicants in accordance with paragraph 40E-1.603(1)(c), F.A.C.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

40E-40.302 Conditions for Issuance of Permits.

In order to qualify for a standard general permit under this chapter, the applicant must give reasonable assurances that the surface water management system meets the following general conditions:

(1) through (2) No change.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

40E-40.321 Duration of Permits.

Unless revoked or otherwise modified, the duration of a standard general permit authorized pursuant to this chapter is set forth in Rule 40E-4.321, F.A.C.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

40E-40.331 Modification of Permits.

A request for modification of an environmental resource standard general permit shall be made in accordance with this chapter, unless the permit has expired or has been otherwise revoked or suspended. Requests to modify such permits shall be made:

(1) through (2) No change.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

40E-40.341 District Revocation or Modification of Permits.

The Governing Board may revoke a permit in accordance with the provisions of Chapter 373, F.S., and Rules 40E-1.609 and 28-107.004, F.A.C.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

40E-40.381 General Conditions.

(1) The standard general permits authorized pursuant to this chapter shall be subject to the general conditions set forth in Rule 40E-4.381, F.A.C.

(2) In addition to the general conditions referenced in subsection (1), the following shall apply to standard general permits authorizing incidental site activities:

(a) through (f) No change.

(3) The standard general permit shall be subject to other reasonable conditions as are necessary to assure that the permitted works will meet the conditions for issuance in Rules 40E-4.301 and 40E-4.302, F.A.C.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

40E-40.391 Forms and Instructions.

(1) No change.

(2) Forms and instructions are available at District Service Centers upon request.

PROPOSED EFFECTIVE DATE: December 1, 2011

Rulemaking Specific 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.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anita R. Bain, Environmental Resource Permitting Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 24, 2010