62-807.200. Definitions

Words, terms, and phrases used in this chapter, unless otherwise indicated, have the meaning set forth in Section 403.9403, F.S. In addition, the following words, when used in these rules, have the indicated meanings:

(1) “Act” means the Natural Gas Transmission Pipeline Siting Act, Sections 403.9401-.9425, F.S.

(2) “Access roads” means roads constructed within the pipeline right-of-way. Nothing in this Act prohibits an applicant from constructing a road to support construction, operation or maintenance of the pipeline that lies outside the pipeline right-of-way.

(3) “Alternate corridor” means an area proposed by a party under Section 403.9412, F.S., within which all or part of an associated pipeline right-of-way is to be located and that is different from the pipeline corridor proposed by the applicant. Any alternate corridor proposed by the applicant shall be treated as an amendment to the application. The width of the alternate corridor proposed for certification for a pipeline may be the width of the proposed right-of-way or a wider boundary not to exceed the width referenced in Section 403.94055(2), F.S.

(4) “Clerk of the Siting Board” means the person designated as the clerk of the Department.

(5) “Construction” means any clearing of land, erection of structures, excavation or other action by the applicant which would alter the physical environment or ecology of a pipeline right-of-way. Construction does not include those activities essential for surveying, preliminary corridor evaluation, or environmental studies, including trimming of vegetation necessary for such activities, or activities on the right-of-way not associated with the certified facility.

(6) “Corridor” means the proposed area within which the pipeline right-of-way, including access roads if certified, is to be located. The area within the corridor in which a right-of-way may be located may be further restricted by a condition of certification. After all property interests required for the pipeline right-of-way and access roads have been acquired by the applicant, the boundaries of the area certified shall narrow to only that land within the boundaries of the pipeline right-of-way. The corridors proper for certification shall be those addressed in the application, in amendments to the application filed under Section 403.9413, F.S., and in notices of acceptance of proposed alternate corridors filed by an applicant and the Department pursuant to Section 403.9412, F.S., for which the required information for the preparation of agency supplemental reports was filed. Where a primary corridor and secondary corridors are designated, a primary corridor means the corridor which the applicant prefers to have certified, and secondary corridors means corridor segments proposed for certification by the applicant which are alternate to the primary corridor but also are acceptable. A secondary corridor does not refer to a lateral pipeline corridor which may also have a secondary corridor segment.

(7) “Maintenance” means the act of physically maintaining the natural gas transmission pipeline including the right-of-way, and includes activities such as vegetation control, compressor servicing, roadway upkeep, but does not include construction of additional pipeline facilities.

(8) “Precertification amendments” means documentation submitted by the applicant during the application review period pursuant to Section 403.9413(2), F.S., that reflects changes proposed by the applicant to the designs or plans contained in its previously submitted application. It does not mean responses to requests for additional information to make the application complete as determined by reviewing agencies.

(9) “Postcertification amendments” means documentation that reflects changes in the certified project under the provisions of subsection 62-807.600(2), F.A.C.

(10) “Secretary” means the Secretary of the Department of Environmental Protection, or the duly authorized designee.

Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.94055, 403.9408, 403.941, 403.9411, 403.9412, 403.9413, 403.9416 FS. History–New 8-12-93, Formerly 17-807.200, Amended 3-3-15.