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
|
18-14
Fines, Warnings and Notice of Violation for Damaging
State-Owned Submerged Land
(08-0631) |
Amend the rules to streamline
the compliance and enforcement process for unauthorized
activity on state-owned submerged land by substituting issuance of a
Warning Letter instead of a Notice of Violation. |
Donna Kendall,
Sandra
Stockwell,
Ryan Osborne
Notice Rule Development 10/2/09(45 kb)
Draft Rule
02/15/10(59kb)
Purpose and Comparison
(36 KB) |
Published a NDR 10/2/09; held a public
workshop 10/23/09. Revised rule based on comments. Held a
public workshop 4/6/10. Tentative schedule to present the
proposed rule to the Board of Trustees on 8/10/10.
Last Updated:
08/03/10 |
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
Notice Rule Development
5/1 (37 kb)
Draft Rule 11/24 (44 kb) |
Published NDR 5/1/09; held workshop 5/15/09. Revising rule
based on comments. Withdrawn from the 12/8/09 Board of
Trustees Agenda; next step is to schedule for BOT review.
Last Updated:
08/03/10 |
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 the designated boundaries of
delegation. Projects that are within CERP project
boundaries, including SSL and certain other activities,
will not be delegated. |
Doug Fry, Ann Lazar,
Stacey Cowley, (Matt Davis,
Susan Martin)
Draft Rule
Draft
Agreement (116kb)
Delegation
Map (564kb)
Attachment A
(521kb)
Workshop Agenda
(222kb)
Workshop
Presentation (3.1mb)
Notice Development of Rule |
Received request for delegation 3/07. Published NDR 8/17/07.
Public workshop held 10/9/07 in Miami. Working on questions
from SFWMD. Drafting/revising the Agreement. Published
second NDR on 9/25/09. Miami-Dade County Commission reviewed
agreement 2/2010. On hold for a period, then DEP will
publish a Notice of Proposed rule.
Last Updated:
08/03/10 |
62-113.100
Delegation of ERP to EPC, Hillsborough County
(07-1612) |
Delegation of DEP’s ERP program
for single-family docks to the
Environmental Protection Commission of Hillsborough
County. |
Doug Fry,
Christine Francescani
Notice of Rule Development 8/6/10
Draft Rule 8/5/10
Delegation Agreement 8/17/10
Agenda 9/21/10 |
Published NDR 11/16/07. Received Petition for Delegation
1/18/08. Reviewing the County’s proposed draft rule. Expect
to publish second NDR 8/27/10 and hold workshop 9/21/10 in
Tampa.
Last Updated:
08/23/10 |
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. |
Doug Fry,
Alice Heathcock, Betsy Hewitt
|
Published Notice of Development of Rule 5/28/10. Expect to
publish NPR in August 2010.
Last Updated:
08/03/10
|
62-343.900
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. |
Alice Heathcock,
Doug Fry,
Meredith Fields,
Brynna Ross
Notice of Rule
Development
Draft
Rule 4/20/10
Draft Joint Application (1)
Draft Forms 2-12 |
Published Notice of Development of Rule 5/28/10. Expect to
publish NPR in August 2010.
Last Updated:
08/03/10 |
62-346 Phase 2 ERP in Northwest Florida
62-341 (07-1321)
|
373.4145(1)(b), F.S., requires
amendments to the existing 62-346 rule, currently
limited to stormwater management systems, to include all
activities in wetlands and other surface waters,
including isolated wetlands. Will not involve amendments
to NGPs in 62-341 (07-1320). |
Doug Fry, Lee Marchman NWFWMD,
Betsy Hewitt,
Meredith Fields
Draft Rule Information
|
Published NDR 11/2/07. Public workshops 12/3/07
(Tallahassee), 12/4/07 (Pensacola), and 12/5/07 (Panama
City); 2/26/08 (Panama City), 2/27/08 (Pensacola), and
2/29/08 (Tallahassee); 9/17/08 (Pensacola), 9/18/08
(Panama City), and 9/19/08 (Tallahassee). Published NPR
5/22/09. Hearing will be announced in future notice.
Publish Notice of Hearing 7/10/09; Adoption Hearing was
held 8/13/09. Published a NOC on 7/23/10. Proposed
effective date is by 10/1/2010.
Last Updated:
08/03/10 |
62-347
Stormwater Treatment Rule
(07-0552) |
Develop statewide standards regarding stormwater treatment to
address nutrient levels. |
Eric Livingston,
Michael Bateman,
Betsy Hewitt,
Meredith
Fields
Draft Rule
Information |
Published NDR 5/25/07. Presented preliminary draft
Applicant’s Handbook at the first Technical Advisory
Committee meeting on 3/5/08. Additional TAC meetings
held throughout 2008 and 2009. First series of public workshops
were held May 11, 18, 19, 26, 2010. Next workshops
expected to be held in November 2010.
Last Updated:
08/03/10 |
|
Rule Title
And (OGC Tracking No.) |
Description of
Proposed Amendments |
Staff
Contacts |
Status
(Anticipated
Effective Date) |
|
Rulemaking Not Yet Commenced or On Hold
|
62-340.450
Delineation of Landward Extent of Wetlands and Surface
Waters
(05-1915) |
Amend chapter to list slash pine and gallberry as
"facultative" or "neutral" indicators on the state's
wetland plant list. This will allow these plants to be
considered neutral for the purpose of assessing the
on-site plant community when delineating wetlands and
surface waters under Ch. 62-340. This change will bring
the state and federal wetland boundaries closer together
in streamlining the two programs. |
Rick Cantrell, Eric Hickman,
Alissa Blank
Draft Rule Information
|
To become effective, requires the Legislature to ratify
statute. It was not ratified in 2007, 2008, 2009 or 2010.
The NPR was published 9/23/05. The Environmental
Regulation Commission Adopted the rule on 2/23/06. |
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. |
Doug Fry
Alice Heathcock
Betsy Hewitt
|
On hold November 2009. Expect to publish approximately
September 2010. |
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. |
Doug Fry,
Alice Heathcock,
Betsy Hewitt
|
On hold for a period. Expect to publish approximately
September
2010. |
|
62-344
Delegations to Local Governments |
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
|
This is not on hold -- Expect to initiate rulemaking soon
and to publish a NDR in the fall 2011. |
|
Rule Amendments Recently ADOPTED
|
62-330.200(2)
Update ERP rules of SJRWMD incorporated by reference
(10-1026) |
Adopting updated 40C rules of the SFWMD that DEP adopted
by reference in 1995 under 62-330, including revised
water quality standards for phosphorus in Lake Apopka.
Expedited procedure under 120.54(1)(i)5, F.S. |
Doug Fry,
Jennifer Butler Harris,
Alice Heathcock,
Betsy Hewitt,
Meredith Fields
|
Effective 08/01/2010 |
| 62-341.494 --
WCIND ERP Noticed General Permit (07-0200, formerly 05-01R) |
Adopt a new NGP for the West Coast Inland Navigation
District (WCIND) to cover activities in Lee County. |
Lucy Blair, Doug Fry, Betsy Hewitt, Amanda Bush, Kelly
Samek
Notice of SERC (33 kb)
Trafficshed maps
(1.6 mb)
Materials Incorporated By
Reference for WCIND rule
Proposed Final Rule
(4.8mb) |
Effective 2/18/2010 |
62-341.417
Public Boat RampsERP
Noticed General Permit
(05-1659, formerly 05-30R) |
HB 989 (2005) requires DEP to adopt GPs for local
government boat ramps, marinas, and mooring fields. As
of 10/1/07, 62-341 applies statewide; therefore,
revisions to 62-312.827
(05-1660 and 05-31R) for a dredge and fill General
Permit are no longer needed. |
Ann Lazar, Doug Fry, Stacey Cowley
|
Effective 12/09/09 |
|
ADOPTING BODY:
Board of Trustees (BOT) for Chapter 18 Rules; DEP
Secretary (SEC) for Chapter 62 Rules
ACRONYMS USED
DEP = Department of Environmental Protection
ERP = Environmental Resource Permit
FAW = Florida Administrative Weekly SEC = DEP Secretary
JAPC = Joint Administrative Procedures Committee
NDR = Notice of Development of Rule
NGP = Noticed General Permit
NOC = Notice of Change
NPR = Notice of Proposed Rule
SSL = Sovereignty Submerged Lands
WMD = Water Management District
WRP = Wetland Resource Permit
ADDRESSES FOR SPECIFIC RULE INFORMATION:
Draft Rules for ERP and SSL:
http://www.dep.state.fl.us/water/rules_dr.htm#erp
Draft Rules for NW ERP, 62-346:
http://www.dep.state.fl.us/water/wetlands/erp/rules/draft_nw.htm
Draft Rules for Stormwater, 62-347:
http://www.dep.state.fl.us/water/wetlands/erp/rules/stormwater/index.htm
Guide to ERP & WR Program Rules:
http://www.dep.state.fl.us/water/wetlands/erp/rules/guide.htm
Florida Administrative Weekly notices and Florida
Administrative Code:
https://www.flrules.org/Default.asp
All Current Rules & Statutes are maintained by the Dept. of
State:
http://election.dos.state.fl.us/fac/index.shtml
|
2010 State of Florida