40D-1.603. Permit Application Procedures

(1) Applications for environmental resource permits, notices, requests for verification of exemption, petitions for formal determinations of wetland and other surface waters and other determinations requested under Chapter 62-330, F.A.C., shall be processed in accordance with Chapter 62-330, F.A.C., and Environmental Resource Permit Applicant’s Handbook Volumes I and II, and not in accordance with this rule. For all other applications, a permit application shall be:

(a) Filed with the District on the appropriate form or forms incorporated by reference in the applicable rule, with all application blanks filled in and containing signatures as required for each form;

(b) Accompanied by the required number of copies at the time of submittal, as specified in the appropriate rule; and

(c) Accompanied by the appropriate fee as set forth in Rule 40D-1.607, F.A.C.

(d) Any requirement to submit multiple copies of an application shall not apply when the complete application package is submitted electronically through the District’s electronic permitting process.

(2) No later than 30 days after submittal of an initial application or an application for modification of an individual surface water management permit, an individual ERP or an initial application or application for renewal or modification of an individual WUP for annual average quantities of 500,000 gpd or greater pursuant to Chapter 40D-2, F.A.C., the applicant shall publish at the applicant’s expense a notice of the District’s receipt of the application in a newspaper having general circulation as defined in Chapter 50, F.S., in the county or counties in which the activity is proposed. No later than 30 days after receipt of an application for an initial or modification of a general surface water management permit or ERP pursuant to Chapter 40D-40, F.A.C., or for an initial application or application for renewal or modification of an individual WUP for annual average quantities of less than 500,000 gpd pursuant to Chapter 40D-2, F.A.C., the District shall post notice thereof on the District’s website at www.watermatters.org. In the event that after the posting of notice of an application for an individual WUP for annual average quantities of less than 500,000 gpd is modified to 500,000 gpd or greater, notice of the application shall be published by the applicant in a newspaper as provided herein.

(3) Persons who wish to be notified in writing or by electronic mail of receipt of permit applications affecting a particular geographic area shall notify the District in writing or by electronic mail, and shall specify their area of interest by county or by section, township and range. Persons may request to be notified by regular U.S. mail or by electronic mail. The District shall, within 30 days of receipt of an application, provide by regular or electronic mail as requested, a notice of receipt of the application to any person who has filed a written or electronic mail request for notification of any pending applications affecting the particular designated area in which the activity is proposed.

(4) Each notice of receipt of application shall state where interested persons may inspect a copy of the application and that written comments or objections concerning the application may be filed with the District. Comments or objections must be received within 14 days of the date of the notice in order to be considered by the District. The District may request persons submitting objections or comments to furnish additional information. Upon request, the District will provide the applicant with a copy of all objections and comments received. Submittal of comments or objections concerning a permit application does not constitute a petition for administrative hearing pursuant to Chapter 120, F.S.

(5) Each notice of receipt of application shall further advise that if notice of intended agency action and opportunity to request an administrative hearing pursuant to Chapter 120, F.S., regarding a permit application is desired, a written or electronic mail request referencing the permit application number must be filed with and received by the District.

(6) Publication or posting of the notice of application pursuant to subsection (2) shall constitute constructive notice of the permit application to all substantially affected persons. Notices of intended agency action will be issued only to applicants and persons who have filed requests for notification in writing or by electronic mail that specifically reference the relevant permit application number.

(7) When information submitted to the District incorporates or results in a material change to the proposed activity for which the applicant seeks a permit, the District shall notify the applicant that the application is deemed to be amended, the proposal contained in the original application is deemed withdrawn and the 30 and 90 day time requirements provided in Section 120.60(1), F.S., shall restart.

(8) Only 1 application shall be filed for a permit required under Chapter 373, Part II, F.S., and District rules Chapter 40D-2, F.A.C., for an activity on or involving the same property and project, including initial permit applications as well as applications for modification of a permit, at any time prior to final action on the application first received by the District. If the District determines that more than 1 application has been so filed, the District will notify the applicant that the most recent application is deemed an amendment of the pending application, and if the amendment constitutes a material change, the application will be processed in accordance with subsection (7) above.

(9) Applicants who seek to renew a permit must submit a timely and sufficient application for renewal in order to avoid expiration of the permit. An application for renewal shall be considered timely only if it is received by the District no later than the expiration date of the existing permit. Mailing the application does not constitute receipt by the District. If the permit’s expiration date falls on a weekend or recognized holiday, the application for renewal must be received by the District on the next business day after the weekend or holiday. When timely and sufficient application for renewal is made, the existing permit shall not expire until the application for renewal has been finally acted upon by the District, or if the permit is denied or the terms of the permit are limited, until the last day for seeking review of the District action or a later date fixed by order of the reviewing court.

(10) Published notices of receipt of an application for a surface water management permit or Environmental Resource Permit shall contain information and be in a format substantially as follows:

Notice is hereby given that the Southwest Florida Water Management District has received [surface water or Environmental Resource] permit application number [application number] from [name and address of applicant]. Application received: [date]. Proposed activity: [specify commercial, industrial, residential or other development]. Project name: [name or description of project]. Project size: [specify acres] Location: Section(s) [specify] Township [specify] East, Range [specify] South, in [specify] County. Outstanding Florida Water: [yes or no]. Aquatic preserve: [yes or no]. The application is available for public inspection Monday through Friday at 7601 U.S. Highway 301 North, Tampa, Florida 33637 or through the “Application & Permit Search Tools” function on the District’s website at www.watermatters.org/permits/. Interested persons may inspect a copy of the application and submit written comments concerning the application. Comments must include the permit application number and be received within 14 days from the date of this notice. If you wish to be notified of intended agency action or an opportunity to request an administrative hearing regarding the application, you must send a written request referencing the permit application number to the Southwest Florida Water Management District, Regulation Bureau, 7601 U.S. Highway 301 North, Tampa, Florida 33637 or submit your request through the District’s website at www.watermatters.org. The District does not discriminate based on disability. Anyone requiring accommodation under the ADA should contact the Regulation Bureau at [phone] or 1(800)836-0797, TDD only 1(800)231-6103.

(11) Published notices of receipt of an application for a water use permit shall contain the information included in and substantially conform to the following format:

Notice is hereby given that the Southwest Florida Water Management District has received an application for a [new or modification of] water use permit application number [application number] from [name and address of applicant] to withdraw water from wells and/or surface waters Application received: [date]. Predominant use type(s): [specify public supply, recreation/aesthetic, commercial, agricultural, mining/dewatering]. Quantity [quantity]. Location: Section(s) [specify] Township [specify] East, Range [specify] South, in [specify] County. The application is available for public inspection Monday through Friday at 7601 U.S. Highway 301 North, Tampa, Florida 33637 or through the “Application & Permit Search Tools” function on the District’s website at www.watermatters.org/permits/. Interested persons may inspect a copy of the application and submit written objections and comments concerning the application within 14 days from the date of this notice. The District does not discriminate based on disability. Anyone requiring accommodation under the ADA should contact the Regulation Bureau at [phone] or 1(800)836-0797, TDD only 1(800)231-6103.

(12) Applicants required to publish a notice of receipt of application must provide to the District a publisher’s affidavit establishing proof of publication pursuant to Sections 50.041 and 50.051, F.S., before the application will be considered complete and the applicable timeframe for taking agency action on the application will commence.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 120.60(4), 373.116, 373.118, 373.229, 373.413 FS. History–New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, 7-2-98, 7-22-99, 11-8-00, 9-26-02, 12-24-07, 4-7-08, 11-2-08, 9-1-09, 12-11-12, 5-19-14, 6-29-14, 2-18-15.