WATER MANAGEMENT DISTRICTS
Suwannee River Water Management DistrictRULE NO.: RULE TITLE:
40B-2.331: Modification of PermitsNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 55, October 22, 2012 issue of the Florida Administrative Register.
A permittee may seek modification of an unexpired permit consistent with Rule 40B-1.709 703, F.A.C. Either the Executive Director, the Assistant Executive Director, or the Deputy Executive Director shall approve proposed modifications without a hearing, in the following circumstances, except that any request for modification recommended for denial shall be presented to the Governing Board for final agency action:
(1) A permittee may apply for modification by letter to the District if the proposed modification involves water use less than 100,000 gallons per day. Either the Executive Director or the Assistant Executive Director shall approve proposed modifications by letter without a hearing in the following circumstances, except that any request for modification recommended for denial shall be presented to the Governing Board for final agency action:; and
(a) A change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need; or
(b) The proposed modification would result in a more efficient use of water than is possible under the existing permit.
(2) A permittee may apply to modify an existing permit to voluntarily implement the District’s water use monitoring and reporting requirements as set forth in Section 3.4 of the Water Use Permitting Guide. The Governing Board shall determine final agency action on modifications under this paragraph.
(3)(2) All permit modification applications other than under subsection (1) above shall comply with the requirements of Section 373.229, F.S., and shall contain all of the information required by the permit conditions and by Rule 40B-2.101, F.A.C. This shall include all permits that have been previously considered by the Governing Board for issuance.
(4)(3) All requests to modify the terms of an unexpired permit shall be evaluated under the criteria of Rule 40B-2.301, F.A.C., and subject to the limiting conditions in Rule 40B-2.381, F.A.C.
(5)(4) Following the District’s review of a tenfive-year compliance report, the Governing Board may modify the permit to ensure that the use meets the conditions for permit issuance.
(6)(5) The Governing Board shall issue an order to modify an existing use when conditions warrant such action in order to obtain the most beneficial use of the water resources of the state and to protect the public health, safety, and welfare and the interests of the water users affected. Such order must include a finding by the Governing Board that the use proposed to be modified is detrimental to other water users or to the water resources of the state.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.083, 373.171, 373.219, 373.223, 373.229, 373.239, 373.246 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, ___________.
