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FL S1402
Bill
Status
12/28/2017
Primary Sponsor
David Simmons
Click for details
AI Summary
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Grants the Department of Environmental Protection authority to assume the federal Clean Water Act Section 404 dredge and fill permitting program under 40 C.F.R. part 233, with rules becoming effective only upon EPA approval of the state's assumption application.
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Defines "state assumed waters" as United States waters where the state assumes permitting authority for discharge of dredge or fill material under Section 404 of the Clean Water Act.
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Establishes a maximum 5-year permit period for state-administered Section 404 permits and requires the department to create an expedited permit review process for permit reissuance when there are no material changes in project scope or site conditions and no history of noncompliance.
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Exempts the department from state permitting timeframe limitations in sections 120.60 and 373.4141 for state-administered Section 404 permits, which must instead comply with federal review timelines under 40 C.F.R. part 233.
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Allows the department to delegate administration of the Section 404 permitting program while retaining authority to review, modify, revoke, or rescind any permits issued by delegated entities to ensure federal law compliance.
Legislative Description
State Assumption of Federal Section 404 Dredge and Fill Permitting Authority
Last Action
Laid on Table, refer to HB 7043
3/7/2018