Environmental Resource Program Workshop Series 2011

Operating AgreementBetween the South Florida Water

Management District & Florida Department of Environmental

Protection

Jennifer Smith

Program Administrator

Operating Agreement between DEP and SFWMD

-Went into effect 1998, updated

-Covers all areas within the district’s area

-Designed to increase efficiency and effectiveness in environmental permitting

Projects Retained by the DEP

The Department shall review and take final action on all projects under Part IV Chapter 373 F.S. and variances/waivers under Section 120 F.S.

a-Permits for solid waste management facilities b-Permits for hazardous waste facilities→ c-Permits for domestic or industrial wastewater treatment, storage, transmission, etc.

d-Permits for potable water facilities

e-Permits for mines

f-Power plants, and electrical distribution and transmission lines and facilities related to production, transmission, and distribution of electricity

g-Communication cables and lines-unless part of a larger development

Projects Retained by the DEP

The Department shall review and take final action on all projects under Part IV Chapter 373 F.S. and variances/waivers under Section 120 F.S.

h- Natural gas or petroleum projects

i-Docking facilities, shoreline protection projects, and dredging projects as long as: 1-Not part of a larger plan of commercial/residential development 2-Any type of the above listed project if part of dwelling unit

j-Systems proposed in part or whole seaward of point within 50 feet above the MHW line

k-Projects constructed, operated, and maintained by the District

l-Navigational dredging projects associated with govt. entities -unless part of a larger development

Projects Retained by the DEP

The Department shall review and take final action on all projects under Part IV Chapter 373 F.S. and variances/waivers under Section 120 F.S.

m-Seaports and adjacent seaport development where applicant/property owner is a port authority

n-System serving up to 3 contiguous parcels of land under single ownership o-Ski jumps and courses, mooring buoys and fields, boat ramps, aids to navigation, aquatic plant management activities, fish attractors, artificial reefs, treasure salvage, archaeological research and exploration, removal of organic detrital material

-unless part of a larger development

p-temporary systems associated with commercial film productions

q-High speed rail facilities under Sections 341.8201 through 341.842 F.S.

r-Aquaculture activities not exempt

Projects Retained by the DEP

The Department shall review and take final action on all projects under Part IV Chapter 373 F.S. and variances/waivers under Section 120 F.S.

Projects Retained by the DEP

The Department shall review and take final action on all projects under Part IV Chapter 373 F.S. and variances/waivers under Section 120 F.S.

s-All activities on sovereignty submerged lands leased by Division of Recreationand Parks, except those proposed by the DEP

Projects Retained by the DEP

The Department shall review and take final action on all projects under Part IV Chapter 373 F.S. and variances/waivers under Section 120 F.S.

Formal determinations:-DEP would review formal determination requests for projects the DEP wouldpermit

Mitigation Banks and Regional Offsite Mitigation Area Agreements (ROMA)

Other important facts:

• Incorrectly filed applications shall be forwarded to the correct agency within 10 days of receipt

• Permit mods shall be processed by agency that issued permit• Exceptions: Solid waste management facilities, mining

projects, and seaports and seaport related development

• Special cases

• Instances with extensive regulatory history or a proprietary interest by either agency

• Simplification of regulation of a project

• Incorrect agency began processing and transfer would be inefficient