Implementation
of the Environmental Resource Permit Program and the
program that authorizes uses of submerged lands owned by
the State involves several Florida
statutes and a number of rules
of the Department, including certain rules of the water
management districts that have been adopted for use by
the Department.
|
Rule Title |
Description |
Staff
Contacts/ Drafts |
Status |
18-21.004
Fish
Cleaning Stations(08-2795) |
Add criteria for authorizing
fish cleaning stations and other minor non-water
dependent uses over state-owned submerged land. |
Tim Rach,
Alice Heathcock,
Ryan Osborne
|
Published NDR 5/1/09; held workshop 5/15/09. Withdrawn from the 12/8/09 Board of
Trustees Agenda; may reschedule in
2012. On Hold.
Last Updated: 3/27/12 |
18-21.0051
Delegation of Authority
(11-0594) |
Increase the number of
projects that can be authorized by districts rather than
the BOT by deleting the slip threshold and increasing
the preempted area threshold from 50,000 square feet to
150,000 square feet. Projects of heightened public
concern would continue to require final action by the
BOT. |
Tim Rach,
Alice Heathcock,
Ryan Osborne
|
The BOT approved changes to delegations and initiating
rulemaking on 4/5/11. OFARR had no comments 8/22/11.
Published a NDR 9/2/11. Next step is to request the BOT
approve the proposed rule and to publish a NPR in 2012. On
Hold.
Last Updated: 3/272/12 |
62-113.100
Delegation of ERP to Miami Dade County(05-2688) |
Incorporate by reference an
Operating Agreement between the DEP, the SFWMD and
the County that delegates a portion of the ERP
permitting, enforcement, and compliance program in uplands
and wetlands within a designated boundary. However,
projects within CERP project
boundaries, including SSL and certain other activities,
will not be delegated. S 1752 amendments to 373.441
requires amending the draft Delegation Agreement to
combine activities proposed to be delegated by the SFWMD
and DEP. |
Doug Fry,
Stacey Cowley,
Matt Davis
Susan Martin
|
Received request for delegation 3/07. Published NDR 8/17/07.
Held workshop 10/9/07. Drafted and revised Agreement. Published second NDR 9/25/09. Miami-Dade County Commission
reviewed 2/2010. On hold for a period; revised DEP’s and
SFWMD’s agreements into one delegation. MDC is reviewing the
revised agreement.
Last Updated: 3/27/12 |
62-330
Statewide ERP |
Adoption by DEP of a "statewide ERP rule" Will improve
permitting consistency and simplify regulations for the
public by establishing uniform, statewide ERP criteria,
including criteria governing statewide stormwater
quality to reduce nutrient loading; rule would include
provisions for basin-specific criteria and address
physical and natural variability throughout the state.
|
Doug Fry,
Christine Francescani,
Betsy Hewitt |
HB 7003 authorizing the rulemaking that
would be implemented by DEP and the WMDs without further
rulemaking by the WMDs passed in the 2012 session, and
is awaiting the Governor’s signature. Workshops
tentatively scheduled for July and August. Rule drafts
will be available to the public before the workshops.
Last Updated: 3/27/12 |
62-330(3)
Update ERP rules of SWFWMD incorporated by reference
(06-1207)
|
Update the rules that DEP adopted by reference in 2005
and 2006 under 62-330 by adopting current 40D Rules.
Expedited procedure under 120.54(1)(i)5, F.S. |
Doug Fry,
Alice Heathcock,
Betsy Hewitt |
On hold. Will address with statewide ERP rulemaking
Last Updated: 3/27/12 |
62-330.200(4)
Update ERP rules of SFWMD incorporated by reference(06-1580)
(formerly 04-28R) |
Update the rules that DEP adopted by
reference in 1995 under 62-330 by adopting current 40E
Rules. Expedited procedure under 120.54(1)(i)5, F.S. |
Doug Fry,
Alice Heathcock,
Betsy Hewitt, |
On hold November 2009. Will address with
statewide ERP rulemaking.
Last Updated: 3/27/12 |
62-330(1)
Update ERP rules of SRWMD incorporated by reference |
Update the rules that DEP adopted by reference in 1995
under 62-330 by adopting current 40B Rules. Expedited procedure under 120.54(1)(i)5, F.S. |
Doug Fry
Alice Heathcock
Betsy Hewitt, |
On hold November 2009. Will address with statewide ERP
rulemaking.
Last Updated: 3/27/12 |
62-341.449
Noticed General Environmental Resource Permit for
Airport Surface Water Management Systems |
Adoption of a new NGP for construction, operation,
maintenance, alteration, abandonment or removal of
airport airside surface water management systems. The
NGP was requested by the FDOT and the FAA, and has been
under development in coordination with the WMDs. It will
streamline permitting, reduce regulatory burdens, save
money, and enhance airport safety and stormwater quality
and quantity. |
Doug Fry
Christine Francescani |
HB 599 passed in the 2012 session and is awaiting the
Governor’s signature. It requires DEP to initiate
rulemaking to adopt a general permit that can be
implemented by WMDs without their having to do
rulemaking. Tentatively planned to be addressed in the
statewide ERP rulemaking.
Last Updated: 3/27/12 |
62-341 / 62-330
Noticed General Environmental Resource Permit for the
West Coast Inland Navigation District in Charlotte
County |
Adoption of a new NGP to streamline permitting of
maintenance dredging of public navigation channels and
canals within Charlotte County.
Will meet WCIND statutory requirements, while having
minimal adverse individual and cumulative impact. Will
reduce regulatory burdens, save money, and enhance
navigation for the public. |
Doug Fry
Christine Francescani |
Materials needed to adopt this NGP and under development
by the WCIND and Florida Sea Grant. Rule development is
on hold until those materials are prepared.
Last Updated: 3/27/12 |
62-341 / 62-330
Noticed General Environmental Resource Permits |
Adoption of new NGPs to streamline permitting for
activities that have minimal adverse individual and
cumulative impact, thereby reducing regulatory burdens.
Specific NGPs have not been identified at this time. |
Doug Fry
Christine Francescani |
Published Notice of Development of Rule 5/28/10. Next step
is to provide notice to OFARR of DEP’s intent to publish
a Notice of Proposed Rule.
Last Updated: 3/27/12 |
62-343.900 / 62-330
ERP Joint Application Form and Exemption Notice Form(08-1613) |
Amend the Joint Application form to delete the exemption
verification option and NGP. Will adopt a separate form to
request verification of exemption. |
Alice Heathcock,
Doug Fry
Christine Francescani
|
Published Notice of Development of Rule 5/28/10.
Tentatively planning to withdraw this rulemaking and
amend the ERP application and notice forms as part of
the statewide ERP rulemaking.
Last Updated: 3/27/12 |
|
62-344
Delegations to Local Governments
(10-2686) |
S 1752 amended 373.441, F.S., regarding providing for a
local government to petition the Governor and Cabinet
for review of a request for a delegation of authority
that is not approved or denied within one year of the
petition; and addressing options to local government if
petition is denied. |
Doug Fry,
Alice Heathcock,
Christine Francescani
|
Published a NDR on 12/23/10. Preparing draft rule.
Received authorization from OFARR 6/22/11 to publish a
Notice of Workshop. Workshop was held 7/26/11. OFARR had
no comments 12/22/11; Published a Notice of Proposed
Rule 1/6/12. Currently amending rule to address JAPC
comments. Next step is to publish a Notice of Change.
Last Updated: 3/27/12 |
62-345
Uniform Mitigation Assessment Method |
Amend UMAM rules, 62-345.500, Assessment and Scoring –
Part II, so that assessment of seagrasses and hardbottom
communities is more tailored to the Joint Coastal Permit
projects to improve interpretation and evaluation
consistency. |
Connie Bersok
West Gregory |
Rule development to begin in 2012.
Last Updated: 3/27/12 |
62-347
Stormwater Treatment Rule
(07-0552) |
Develop statewide standards regarding stormwater treatment to
address nutrient levels. |
Eric Livingston,
Michael Bateman,
Betsy Hewitt
|
Published NDR 5/25/07. Rulemaking is on hold.
Last Updated: 3/27/12 |
ADOPTING BODY:
Board of Trustees (BOT) for Chapter 18 Rules; DEP
Secretary (SEC) for Chapter 62 Rules
2012 State of Florida