March 2007

COLUMNS  
     

  Revised Division of Responsibility Between the Water Management Districts and the Department of Environmental Protection
  Susan Roeder Martin

      

The Florida Department of Environmental Protection (DEP), the South Florida Water Management District, St. Johns Water Management District, Southwest Florida Water Management District and Suwannee River Water Management District (WMDs) have initiated rulemaking to revise the operating agreements concerning regulation under Part IV of Chapter 373, Florida Statutes. Since the agreements are incorporated by reference into DEP’s and each of the WMDs’ rules,  [1] rulemaking is necessary to amend the agreements. [2]

These agreements divide the responsibility between the WMDs and DEP for the exercise of authority for permitting, compliance, enforcement, and formal wetland delineations under Part IV of Chapter 373, F.S. The purpose of the agreements is to “further streamline environmental permitting, while protecting the environment.” Draft Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Individual Water Management Districts and the Department of Environmental Protection at (Draft Agreement). Each WMD will amend its separate agreement with DEP.

These agreements will amend the Operating Agreement Concerning Regulation under Part IV, F.S. Stat. Ch. 373 and Aquaculture General Permits under §403.814, Fla. Stat., effective December 1998, which superseded several previous agreements. With certain exceptions, some of the major activities that the previous agreement allocated responsibility to DEP were: solid, hazardous, and domestic waste facilities; potable water facilities; certain mines; power plants, electrical distribution and transmission lines; communication cables and lines; natural gas or petroleum exploration, production and distribution facilities; docking facilities, boardwalks, shore protection structures and piers; projects constructed operated or maintained by a WMD; navigational dredging by governmental entities; port authority seaports and related development. A more detailed list of DEP’s responsibilities can be reviewed in the operating agreement itself.

The WMDs have responsibility for all activities not specifically assigned to DEP. Additionally, with respect to the activities assigned to DEP, if the activities are an incidental component of a project DEP would not otherwise review, fully contained within a system that DEP would not otherwise review, part of a larger plan of development or project for which the Department does not review and take final action on permit applications, then the activity will be reviewed by the WMD. Agreement at 4.

The primary changes to the operating agreement: clarify which mining projects are retained by DEP; provide that the WMD will review boat docks associated with residential developments also reviewed by the WMD, even if the upland development qualified for a no-notice general permit; provide that the WMD can review utility lines that are contained in projects under the WMD’s review; eliminate aquaculture from the agreement (which is now reviewed by the Florida Department of Agriculture and Consumer Services), and provide a process for the review or transfer of incorrectly submitted applications.

The WMDs and DEP are well into the rule adoption process and the agreements are scheduled to all become effective in July, 2007.
 

 

[1] Rules are incorporated by reference at Fla. Admin. Code R. 62-113; 40B-4.1090; 40C-4.091; 40D-4.091; and 40E-4.091

[2] Rulemaking notices may be found at http://www.flrules.org.







 

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