Fla. Admin. Code Ann. R. 62-113.200 - Delegation of Authority by Secretary

The Secretary, as head of the Department, has delegated authority as follows:

(1) To the Assistant Secretary of the Department to act on behalf of the Secretary in all matters during the absence of the Secretary, including the signing of contracts, and in the absence of both the Secretary and Assistant Secretary to a designated Division Director to act in the Secretary's behalf on all matters.

(2) To the Director, Division of Administrative Services, to act on behalf of the Secretary on all purchasing, office space leasing, personnel, and budget matters, and to execute contracts.

(3) To the General Counsel:

(a) To accept service of process in lawsuits filed against the agency;

(b) To make the determination within ten days of receipt of a petition for an administrative determination of whether or not to refer the petition to DOAH for the assignment of the proceeding to a Hearing Officer, or whether or not to commence informal proceedings pursuant to Section 120.57(2), F.S.; and,

(c) To execute orders granting requests for extension of time to file petitions for administrative proceedings filed with the Department pursuant to Rule 62-103.070, F.A.C.,

(d) To execute final orders entered after a petition for administrative proceedings has been filed pursuant to Section 120.57, F.S., where the petition has been withdrawn or all parties have entered into a settlement resolving the issues set forth in the petition.

(4) To the Directors of District Management and, in the absence of the Directors of District Management, to the person designated by the Directors of District Management in writing to act in behalf of the Directors of District Management, authority to take the following agency actions:

(a) To complete, sign and submit to the appropriate authority applications and all other necessary documents relating to the laboratory use of alcohol by the District Offices pursuant to Section 6 of Chapter 75-22, Laws of Florida, and Section 20.05, F.S. This authority is also delegated to the Chief of the biological section, relating to the use of alcohol by the biological laboratory.

(b) To approve or deny engineering plans and related documents covering proposed public water supply improvement projects, e.g., new water treatment plants or modifications, distribution system extensions, and water well installations. Sections 403.850 through 403.864, F.S.

(c) To approve or deny permits, including execution of notices of intent to approve or deny such permits, to construct public water supply wells. Sections 403.850 through 403.864, F.S.

(d) With regard to domestic wastewater treatment and industrial wastewater treatment facilities, air pollution sources, sanitary landfills, hazardous waste facilities, sources of groundwater contamination, and underground injection control, the following authority is delegated:

1. To approve and deny construction, operation and temporary operation permits under Chapter 403, F.S., including execution of notices of intent to approve or deny such permits,

2. To approve and deny requests for extensions of expiration dates of construction permits, including execution of notices of intent to take such action,

3. To approve and deny requests for the issuance or renewal of operation permits where the subject facility or operation is meeting Department standards and requirements, including execution of notices of intent to take such action,

4. To approve, deny and order modifications of operation permits, including execution of notices of intent to take such actions,

5. To approve and deny requests for the extension or revision of compliance dates and conditions in temporary operation permits after public notice, where a good faith effort has been made by the applicant to meet the deadlines and requirements in the temporary operation permit, including execution of notices of intent to take such action; and,

6. To issue the appropriate public notice for all of the types of permits delegated to the districts.

(e) To issue notices of intent to deny, or approve and to issue final orders of denial when no administrative hearing has been requested for short form dredge and fill applications, and other applications described in subsection 62-101.040(4), F.A.C.

(f) Upon approval by the Office of General Counsel, to execute consent orders, notices of violation, orders for corrective action, and final orders on matters for which no request for hearing has been timely filed.

(g) To act on authorizations for restoration pursuant to DEP Form 62-1.203(3).

(h) To conduct permitting, compliance and enforcement activities under Chapter 373, Part IV, F.S., as set forth in those Operating Agreements entered into with the Suwannee River Water Management District, the St. Johns River Water Management District, the South Florida Water Management District and the Southwest Florida Water Management District as specified in Rule 62-113.100, F.A.C.

(5) To the Director, Division of Air Resources Management or, at the Director's discretion, to the Chief of the Bureau of Air Regulation, authority to issue notices of agency action on construction permit applications for major air facilities pursuant to Chapter 403, F.S., and Chapter 62-2, F.A.C.

(6) To the Directors of District Management and to the Director, Division of Environmental Resource Permitting, or, at the Director's discretion, to the Assistant Director or the Chief of the Bureau of Submerged Lands and Environmental Resources, the following authority:

(a) To review and take agency action on Environmental Resource Permit applications under Part IV of Chapter 373, F.S., including applications for wetland resource activities within the Northwest Florida Water Management District and applications for grandfathered activities under Sections 373.414(11), (12)(a), (13), (14), (15), and (16), F.S.;

(b) To approve or deny requests for alternate procedures and requirements for sanitary landfills pursuant to Rule 62-701.310, F.A.C.;

(c) To approve or deny requests for alternate procedures and requirements for stationary tank facilities pursuant to Rule 17-61.080, F.A.C.

(7) To the Director, Division of Water Facilities or, at his/her discretion, the Deputy Director, certification of NPDES permits pursuant to Public Law 92-500, Section 401.

(8) To the Chief, Bureau of Local Government Wastewater Financial Assistance, the following authority:

(a) To take all actions to administer the federal wastewater treatment grants program which are designated as the responsibility of the Secretary of the Department in paragraph 62-501.300(2)(c), F.A.C., with the exception of the following sections of Title 40 of the Code of Federal Regulations (40 CFR) which have been adopted by reference in Rule 62-501.310, F.A.C.:

1. Application for federal grants pursuant to 40 CFR 35 Subpart P, 35.2023 and 35.2040(d);

2. Authorization for advance allowance payments pursuant to 40 CFR 35.2025(b).

(b) To take all actions to administer the state wastewater treatment grants program which are designated as the responsibility of the Secretary in paragraph 62-501.300(3)(b), F.A.C., with the exception of grant offers, amendments involving changes in the grant amount, revocation, termination, or annulment pursuant to 40 C.F.R. 30.305, 30.700(c), 30.900, 30.903, 30.904, and 35.2042(b)(2)(i), which have been adopted by reference in Rule 62-501.310, F.A.C.

(9) To the following for their respective organizational unit, the authority to take final agency action, pursuant to Chapter 60K-9, F.A.C., for disciplinary actions and for personnel actions against employees in their unit whose performance is less than satisfactory, including actions to reduce the employee's pay, suspension, demotion, transfer, and dismissal, or who have violated the Department's Personnel Rules, Chapter 62-130, F.A.C.:

(a) The Director of the Division of Administrative and Technical Services or, at his/her discretion, the appropriate Deputy Director within the Division;

(b) The Director of the Division of Water Management or, at his/her discretion, the Deputy Director;

(c) The Director of the Division of Water Facilities or, at his/her discretion, the Deputy Director;

(d) The Director of the Division of Air Resources Management or, at his/her discretion, the Deputy Director;

(e) The Director of the Division of Waste Management or, at his/her discretion, the Deputy Director;

(f) The Assistant Secretary of the Department for the Office of the Secretary;

(g) The General Counsel for the Office of General Counsel; and,

(h) The Deputy Assistant Secretaries for the district offices.

(10) To the Bureau Chiefs or their organizational equivalent, the authority to dismiss, suspend, demote, transfer, or reassign any employee who does not have permanent status in the career service in their respective organizational unit.

(11) To the approved local programs, the Water Management Districts, and other state agencies according to specific agreements, to function as agents for the Department in those activities designated by the Department which, in the judgment of the Department, may be performed individually by each program, district or agency at a level required by applicable statutes or rules relating to these activities. These specific operating agreements are on file with the Department and available for public inspection.

(12)

(a) To the South Florida Water Management District, the Southwest Florida Water Management District, the St. Johns River Water Management District, the Suwannee River Water Management District, and the Northwest Florida Water Management District the authority to administer and enforce those provisions of Chapter 373, F.S., water quality and other functions of the Department, and the rules of the Department as have been delegated from time to time to the Districts by order of the Secretary, after fourteen (14) days notice to the Governing Board and publication in the Florida Administrative Register. Authority delegated shall be listed in this rule subsequent to delegation. The following Districts are authorized to administer and enforce the following laws and rules, including Section 373.103(1), F.S., to the extent necessary to fully implement authority specifically delegated.

1. South Florida Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Sections 373.033; 373.042; 373.046; 373.103(2) through (7), F.S.; Chapter 373.191, F.S.; Part II, Chapter 373; 373.309; 373.313; 373.316; 373.319; 373.323, F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326; 373.329; 373.333, F.S.; Chapter 403, F.S., to the extent necessary to adopt, implement, and enforce Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 62-25, F.A.C., in accordance with subsection 62-25.090(1), F.A.C.; Chapter 403, F.S., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for those agricultural activity permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; and Chapter 62-531, F.A.C.

2. Southwest Florida Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Sections 373.033; 373.042; 373.046; 373.103(2) through (7); 373.191, F.S.; Part II, Chapter 373, F.S.; Chapter 373.309, F.S.; Chapter 373.313, F.S.; Chapter 373.316, F.S.; Chapter 373.319, F.S.; Chapter 373.323(6), F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326, F.S.; Section 373.329, F.S.; Section 373.333, F.S.; Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 62-25, F.A.C., in accordance with subsection 62-25.090(2), F.A.C.; Chapter 403 to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for those agricultural activity permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; and Chapter 62-602, F.A.C.; Section 373.309(5), F.S., and Chapter 62-524, F.A.C., in accordance with Rule 62-524.800, F.A.C., to the extent necessary to conduct new potable water well permitting in delineated areas, and to coordinate with the Department of Health and Rehabilitative Services in accordance with paragraph 62-101.040(15)(c), F.A.C.

3. St. Johns River Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Sections 373.033, F.S.; Section 373.042, F.S.; Section 373.046, F.S.; Section 373.103(2) through (7), F.S.; Section 373.191, F.S.; Part II, Chapter 373, F.S.; Section 373.309, F.S.; Section 373.313, F.S.; Section 373.316, F.S.; Section 373.319, F.S.; Section 373.323, F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326, F.S.; Section 373.329, F.S.; Section 373.333, F.S.; Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 403, F.S., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; Chapter 62-531, F.A.C.; and Chapter 403, F.S., and Chapters 62-3, 62-4, 62-301, 62-302, 62-312, 62-321, and 62-340, F.A.C., to the extent necessary to conduct permitting, compliance and enforcement activities as specified in the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection, August 25, 1994, as referenced in Rule 62-113.100, F.A.C., which agreement supersedes the Operating Agreement concerning Management and Storage of Surface Water Regulation and Wetland Resource Regulation between the St. Johns River Water Management District and Department of Environmental Regulation, August 28, 1992, which is adopted and incorporated by reference, and as amended December 21, 1993, which delineates permitting responsibilities concerning permitting of mitigation banks by the Department and the District within the territory of the District.

4. South Florida Water Management District: Chapter 403, F.S., and Chapters 62-3, 62-4, 62-301, 62-302, 62-312, 62-321, and 62-340, F.A.C., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act, and to the extent necessary to conduct permitting, compliance and enforcement activities as specified in the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between South Florida Water Management District and Department of Environmental Protection, August 11, 1994, as referenced in Rule 62-113.100, F.A.C., which agreement supersedes the Operating Agreement concerning Management and Storage of Surface Water Regulation and Wetland Resource Regulation between the South Florida Water Management District and Department of Environmental Protection, October 27, 1992, which is adopted and incorporated by reference, and as amended January 18, 1994, which delineates permitting responsibilities concerning permitting of mitigation banks by the Department and the District within the territory of the District.

5. Southwest Florida Water Management District: Chapter 403, F.S., and Chapters 62-3, 62-4, 62-301, 62-302, 62-312, 62-321, and 62-340, F.A.C., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act, and to the extent necessary to conduct permitting, compliance and enforcement activities as specified in the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between Southwest Florida Water Management District and Department of Environmental Protection, September 27, 1994, as referenced in Rule 62-113.100, F.A.C., which agreement supersedes the Operating Agreement concerning Management and Storage of Surface Water Regulation and Wetland Resource Regulation between the Southwest Florida Water Management District and Department of Environmental Protection, August 10, 1992, which is adopted and incorporated by reference, and as amended February 17, 1994, which delineates permitting responsibilities concerning permitting of mitigation banks by the Department and the District within the territory of the District.

6. Suwannee River Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Section 373.033, F.S.; Section 373.042, F.S.; Section 373.046, F.S.; Sections 373.103(2) through (7), F.S.; Section 373.191, F.S.; Part II, Chapter 373, F.S.; Sections 373.309, F.S.; Section 373.313, F.S.; Section 373.316, F.S.; Section 373.319, F.S.; Section 373.323, F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326, F.S.; Section 373.329, F.S.; Section 373.333, F.S.; Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 403, F.S., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; and Chapter 62-531, F.A.C.; and Chapter 403, F.S., and Chapters 62-3, 62-4, 62-301, 62-302, 62-312, 62-321, and 62-340, F.A.C., to the extent necessary to conduct permitting, compliance and enforcement activities as specified in the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between Suwannee River Water Management District and Department of Environmental Protection, September 22, 1994, as referenced in Rule 62-113.100, F.A.C.

7. Northwest Florida Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Section 373.033, F.S.; Section 373.042, F.S.; Section 373.046, F.S.; Section 373.103(2) through (7), F.S.; Section 373.191, F.S.; Part II, Chapter 373, F.S.; Section 373.309, F.S.; Section 373.313, F.S.; Section 373.316, F.S.; Section 373.319, F.S.; Section 373.323, F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326, F.S.; Section 373.329, F.S.; Section 373.333, F.S.; Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 403, F.S., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for those agricultural activity permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; and Chapter 62-699, F.A.C.; Section 373.309(5), F.S., and Chapter 62-524, F.A.C., in accordance with Rule 62-524.800, F.A.C., to the extent necessary to conduct new potable water well permitting in delineated areas, and to coordinate with the Department of Health and Rehabilitative Services in accordance with paragraph 62-101.040(15)(c), F.A.C.

8. Northwest Florida Water Management District, Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, and South Florida Water Management District (Districts): in conformance with the language of Section 18 of Chapter 2008-150, Laws of Florida, which mandates that the Department initiate rulemaking to adopt new and increased fees under Part IV of Chapter 373, F.S., the Districts are delegated the following authorities:

(1) to charge, upon the effective date of this rule, the minimum fees as set forth in Sections 373.109(1)(b) and (d), F.S.;

(2) to adopt rules to increase these minimum fees and each application fee authorized under Part IV of Chapter 373, F.S., in accordance with paragraph 62-4.050(4)(z), F.A.C., to reflect adjustments since the original fee was established or most recently revised; and

(3) at subsequent 5-year intervals starting March 1, 2013, to adopt rules to adjust the fees for inflation in accordance with paragraph 62-4.050(4)(z), F.A.C.

(b) In making the foregoing delegations of authority, the Department continues to retain and exercise general supervisory authority over the water management districts, and no delegation is intended to divest the Department or the Districts of the authority to take action pursuant to those provisions of Chapter 373, F.S., which provide independent authority to the Districts or the Department.

Applications for permits to construct and operate injection wells involve provisions of Chapter 373, F.S., administered by the various water management districts, and Chapter 403, F.S., administered by the Department. Efforts have been made by the Department and Districts to coordinate this permit review process, and applicants should contact the District and Department offices for specific information on the permit coordination procedures.

(13) To those counties or municipalities, pursuant to Section 403.1815, F.S., the authority to regulate the construction of water distribution mains and sewage collection laterals of ten inches (10'') or less which may be connected to any water system or sewerage system owned by the county or municipality, as has been delegated from time to time by order of the Secretary, after fourteen (14) days public notice in the Florida Administrative Register and in a newspaper of general circulation in the county or municipality to whom delegation is proposed. Any authority delegated shall be listed in this rule subsequent to delegation.

(14) To the Department of Natural Resources:

(a) Aquatic Weed Control Discharge Permitting. Pursuant to Section 403.061(27), F.S., the Department of Environmental Regulation delegates to the Department of Natural Resources (DNR) the authority to issue, deny, modify, revoke, and suspend permits authorizing persons to discharge into waters, in accordance with Section 403.088(1), F.S., chemicals, biological agents and other substances for the purpose of the control of aquatic weeds or algae, provided:

1. The discharge is in accordance with a program approved by DNR pursuant to Chapter 62C-20, F.A.C.; and,

2. DNR conforms to the requirements of Chapter 120, F.S., and Chapters 62-103 and 28-106, F.A.C., the processing of all permit applications; and,

3. The Department is allowed to intervene as of right in any DNR licensing proceeding involving this delegation.

(b) To authorize the application of chemicals to marine waters of the state for the purpose of capturing live marine species.

(15) To the Department of Health and Rehabilitative Services:

(a) The authority to issue permits for individual domestic wastewater disposal facilities;

(b) The authority to grant written authorizations for the application of pesticides to waters of the state for the purpose of insect control is in accordance with Section 403.088(1), F.S., and Rule 5E-13.046, F.A.C.;

(c) The authority to implement water quality testing requirements of Chapter 62-524, F.A.C., for new potable water wells permitted for construction in delineated areas in accordance with Section 373.309(5), F.S., and Rule 62-524.800, F.A.C., and to coordinate with water management districts pursuant to their delegated activities under Chapter 62-524, F.A.C., contained in paragraph 62-101.040(12)(a), F.A.C.

(16) To the Department of Agriculture and Consumer Services:

(a) Regulation of certain open burning activities in accordance with Rule 62-256.700, F.A.C.;

(b) Testing and certifying gasoline tank trucks in accordance with Rule 62-297.440, F.A.C., and gasoline storage tanks in accordance with Rule 62-2.650, F.A.C.

Notes

Fla. Admin. Code Ann. R. 62-113.200

Rulemaking Authority 110.201, 120.53(1)(a), 373.046, 373.103, 373.109, 373.309, 376.303, 403.061, 403.1815, 403.1823, 403.1832, 403.1838, 403.704, 403.805 FS., Chapter 2008-150, Laws of Florida. Law Implemented 110.227, 120.53(1)(a), 373.016(5), 373.046, 373.103, 373.109, 373.308, 373.309, 373.4135, 403.088, 403.1821 through 403.1838, 403.805 FS., Chapter 2008-150, Laws of Florida.

New 2-6-78, Amended 4-28-81, Revised 6-30-81, Amended 6-3-82, Formerly 17-1.04, Amended 6-1-84, 10-9-84, 7-22-85, 11-26-86, 3-3-87, 5-25-88, 8-31-89, 6-19-91, 4-26-92, 11-16-92, 3-14-94, Formerly 17-101.040, Amended 7-4-95, Formerly 62-101.040, Amended 4-21-09.

New 2-6-78, Amended 4-28-81, Revised 6-30-81, Amended 6-3-82, Formerly 17-1.04, Amended 6-1-84, 10-9-84, 7-22-85, 11-26-86, 3-3-87, 5-25-88, 8-31-89, 6-19-91, 4-26-92, 11-16-92, 3-14-94, Formerly 17-101.040, Amended 7-4-95, Formerly 62-101.040, Amended 4-21-09.