The overall purpose is to update existing rules and to delete rules for consistency with Florida Statutes.

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NO.:RULE TITLE:

40A-21.271Water Use Restrictions

40A-21.275Variances

40A-21.291Implementing a Water Shortage Declaration

40A-21.421Enforcement

40A-21.551Use Classes

40A-21.571Method of Extraction or Diversion Classes

PURPOSE AND EFFECT: The overall purpose is to update existing rules and to delete rules for consistency with Florida Statutes.

SUMMARY: This rule development will cover updating existing rules and deleting rules for consistency with Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Upon review of the proposed changes to the rule, the District has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.246, 373.603, 373.609, FS

LAW IMPLEMENTED: 373.175, 373.246, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Megan Seward, Bureau Chief, Northwest Florida Water Management District, Bureau of Performance and Compliance Improvement, 152 Water Management Drive, Havana, FL 32333, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40A-21.271 Water Use Restrictions.

(1) The Board, when appropriate, shall order the specific water use restrictions listed in Part VI for the appropriate water shortage phase for each affected source class. Further, the Board may shall order restrictions in addition to those described in Rules 40A-21.621-.651, F.A.C. These changes shall be specified by use or method of extraction or diversion class, within each source class, if deemed necessary, to achieve the desired percent reduction in overall use.

(2) through (4) no change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

 

40A-21.275 Variances.

Rulemaking Authority 373.044, 373.113, 373.244, 373.246 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92,Repealed_____.

 

40A-21.291 Implementing a Water Shortage Declaration.

(1) through (3) no change.

(4) An order declaring a water shortage or imposing more severe restrictions shall become effective seven days after any notice required in subsection (1) is published. An order declaring a water shortage shall remain in effect until modified or rescinded by the Board.

(5) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified or rescinded by the Executive Director if the order rendering the Governing Board’s declaration of water shortage specifically delegates to the Executive Director the authority to modify or rescind the existing water shortage restrictions.

(6) No change.

(7) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified or rescinded by the Board.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92,____.

 

40A-21.421 Enforcement.

(1) through (5) no change.

(6) In the event a water user is in violation of the water shortage plan or any water shortage order issued pursuant thereto, it shall be presumed that the person present at the premises where such unauthorized use is occurring who has possessory interest in those premises is responsible. In the event that no one is present at the premises while such unauthorized use is occurring, it shall be presumed that the owner of the premises is responsible for such use. These presumptions shall not affect the burden of proof of the District to present a prima facie case as to each violation, and shall be rebuttable by the presentation of evidence to indicate that another person was responsible for the unauthorized water use.

Rulemaking Authority 373.044, 373.113, 373.246, 373.603, 373.609 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92,____.

 

40A-21.551 Use Classes.

Each water user shall be given one or more of the following use classes regardless of whether the water is self-supplied or provided by a public water supply system. However, the Governing Board may establish such additional use classifications as it deems necessary.

(1) through (27) no change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92,____.

 

40A-21.571 Method of Extraction or Diversion Classes.

Each water user may shall be identified by one or more of the following methods of extraction or withdrawal classes. However, the Governing Board shall establish such additional classes as it deems necessary.

(1) through (2) no change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Megan Seward, Bureau Chief, Bureau of Performance and Compliance Improvement

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board, Northwest Florida Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 9, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2018