The purpose of the proposed rule amendments is to implement changes resulting from statewide Consumptive Use Permitting consistency (CUPCON) efforts by the Florida Department of Environmental Protection and the five Water Management Districts to ...

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-1.703Procedures for Consideration of Permit Applications

40B-1.706Fees

40B-1.901General

PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to implement changes resulting from statewide Consumptive Use Permitting consistency (CUPCON) efforts by the Florida Department of Environmental Protection and the five Water Management Districts to make permitting rules less confusing for applicants, treat applicants equitably statewide, provide consistent protection of water resources, streamline the application and permitting process, and incentivize behavior that protects water resources, including water conservation.

SUMMARY: Recognition of a General Permit by Rule designation, restructuring of permit fees based on permitted allocation, and removal of forms incorporated by reference in Chapter 40B-2, F.A.C. from Rule 40B-1.901, F.A.C.

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.

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, 373.083, 373.109, 373.113, 373.118, 373.171, 373.4141 FS.

LAW IMPLEMENTED: 120.57, 120.59, 120.60, 218.075, 373.084, 373.085, 373.086, 373.106, 373.109, 373.116, 373.118, 373.229, 373.313, 373.413, 373.416, 373.426 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: Warren Zwanka, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-1.703 Procedures for Consideration of Permit Applications.

(1) General Permits.

(a) Section 373.118, F.S., authorizes the governing board to adopt rules establishing a general permit system for projects or categories of projects which have, either singly or cumulatively, a minimal adverse impact on water resources of the district. The governing board of the Suwannee River Water Management District has established a general permit system which authorizes the issuance of three two categories of general permits – Noticed General Permits, and (all other) General Permits, and General Permits by Rule. A specific reference to the procedures for issuance of these categories of general permits is included in each district rule which authorizes a Noticed General Permit, or (any other) General Permit, and General Permit by Rule along with specific standards or conditions for issuance of such permits. When an activity does not qualify or conform to the conditions for issuance of general permits, an application for an individual permit or conceptual approval permit may be submitted to the district for consideration. No public notice by advertisement in a newspaper of general circulation in the affected area shall be required for general permits; however, public notice will be made by providing to any interested person a copy of any permit on file with the district and by posting at the district headquarters a current journal of all such permits issued.

(b) Noticed General Permits are a category of general permits for activities which have established standards and conditions for issuance of permits in district rules and which are considered by the governing board to have little or no potential for adverse impact to water resources of the district if those standards and conditions for issuance of permits are followed. Specific procedures for processing Noticed General Environmental Resource Permits are included in Rule 40B-400.211, F.A.C., and in each such permit enumerated in Chapter 40B-400, Part II, F.A.C.

(c) General permits are reviewed, and agency action is initiated within 30 days of receipt of a completed and properly executed application, including any permit fees. Following investigation and review by District staff to insure the proposed activity qualifies for the specific general permit authorized by District rule and conforms to all conditions for issuance of the specific general permit, the general permit is issued by rule. In lieu of issuance of the general permit, the District will issue a notice of proposed agency action to deny the application and follow the procedures in Section 120.57, F.S., and Chapter 28, F.A.C., when investigation and review of the application by District staff reveals that the proposed activity does not qualify or conform to the conditions for issuance of the specific general permit authorized by District rule. If an application is received in an incomplete state, not properly executed or if additional information is required, the applicant shall be notified pursuant to the procedures in Section 120.60, F.S., and Chapter 28, F.A.C.

(d) General Minor use permits by rule, as defined in Rule 40B-2.041, F.A.C., are a category of general permits for activities which have established standards and conditions for issuance of permits in district rules. A permit application is not required for any use that meets the requirements of Rule 40B-24.041, F.A.C., and is thereby considered to be an existing legal user of water.

(2) Individual Permits.

(a) Individual permits are issued under the standard permitting and licensing procedures described in Section 120.60, F.S. Unless a general permit is specifically authorized by District rule or unless an applicant chooses to request a conceptual approval permit for an activity, the individual permit procedures described in this section and Chapter 120 govern all district permitting and licensing activities. Within 30 days of receipt of an application for an individual permit, the District will notify the applicant of any apparent errors or omissions and request any additional information that the District is authorized to request. A request for additional information shall include a reference to the specific rule or law which authorizes the District to make the request. If apparent errors or omissions are not corrected or additional information requested is not supplied within 90 days of the date of the District notice, the District shall issue a notice of proposed agency action to deny the application and follow the procedures in Section 120.57, F.S., and Chapter 28, F.A.C. The applicant may request an extension of time in writing necessary to correct apparent errors or omissions or supply additional information requested by the District.

(b) Upon receipt of an application for an individual permit, the District will cause to be published and distributed the notices of application required by Sections 373.116, 373.413(3), and 373.413(4), F.S. The notice of application shall specify a date not less than 14 days from the date of publication and distribution by which comments or objections to the application may be filed with the District. A notice of proposed agency action on an individual permit application will be prepared whenever possible. The notice of proposed agency action will be sent to the applicant or any other person requesting such notice. If no substantial objection to the application or notice of proposed agency action is received, the Governing Board may, at its discretion, consider the application at its next regularly scheduled meeting, which is at least 14 days after issuance of a notice of proposed agency action. If a substantial objection is received, the Board shall proceed under the procedures in Chapter 28, F.A.C., and, if appropriate, set a time for a hearing in accordance with the provisions of Chapter 120, F.S. When there is not a reasonable opportunity for the District to issue a notice of proposed agency action, the Governing Board may, at its discretion, consider the application and advise the applicant and all other persons requesting notice of the Governing Board’s action and providing an opportunity to request an administrative hearing on the action pursuant to Section 120.60(3), F.S., and Chapter 28, F.A.C.

(c) The Governing Board hereby delegates authority to the Executive Director, or Assistant Executive Director or Deputy Executive Director to issue individual environmental resource permits that require no special limiting conditions or that require only the following special limiting conditions pursuant to subsection 40B-4.1140(1), Florida Administrative Code (F.A.C.), under Chapters 40B-4 and 40B-400, F.A.C.:

1. Permits that identify non-profit associations as operation and maintenance entities under subsection 40B-4.2035(3), F.A.C.; or

2. Permits that require the following documents to be recorded in legal records:

a. Final plats; and

b. Deed restrictions; and

c. Drainage easements.

Unless objection to the permit application or the notice of proposed agency action is made according to statute and these rules by a substantially affected person, the Executive Director or Assistant Executive Director shall either issue the permit or place the application on the agenda of the next regularly scheduled meeting of the Governing Board.

(3) Conceptual Approval Permits. Any person may request conceptual approval of any activity that requires a permit from the governing board by making application for a conceptual approval permit. The procedure for review and consideration of such applications shall be the same as for an individual permit. A conceptual approval permit issued by the governing board cannot authorize construction or the beginning of the activity which is the subject of the conceptual approval.

Rulemaking Authority 373.044, 373.083, 373.113, 373.118, 373.171, 373.4141 FS. Law Implemented 120.57, 120.59, 120.60, 373.084, 373.085, 373.086, 373.106, 373.116, 373.118, 373.229, 373.313, 373.413, 373.416, 373.426 FS. History–New 6-16-88, Amended 12-22-92, 10-3-95, 1-29-01, 12-10-07, 10-25-09,_________.

 

40B-1.706 Fees.

(1) through (2) No change.

TABLE 1.A. SCHEDULE OF PERMIT FEES
WATER USE PERMITS
General Water Use Permits Less than 10,000 GPD-ADR per paragraph 40B-2.041(4), F.A.C.	$100
Modification or Renewal	$50
General Water Use Permits less than 2,000,000 10,000 GPD-ADR or more and less than 2,000,000 GPD-ADR as per paragraph 40B-2.041(4), F.A.C.	$230
Modification or Renewal of Water Use Permits less than 2,000,000 GPD-ADR	$115
Individual or Conceptual Approval Water Use Permits equal to or greater than 2,000,000 GPD-ADR per subsection 40B-1.703(3) and subsection 40B-2.041(5), F.A.C.	$530
Modification or Renewal of Water Use Permits equal to or greater than 2,000,000 GPD-ADR	$265
TABLE 1.B. SCHEDULE OF PERMIT FEES
ENVIRONMENTAL RESOURCE AND WORKS OF THE DISTRICT PERMITS
Use of the reviewing agency’s electronic self-certification system	$0
Verification of exemption under Sections 373.406, 403.813, F.S., Chapter 62-330, F.A.C., or 40B-4, F.A.C.	$100
Verification of qualification to use a General Permit under Chapter 62-330, F.A.C., or Noticed General under Chapter 40B-4, F.A.C.	$250
Variance or Waiver under Section 120.542, F.S.	$0
All other Variances or Waivers	$550
Works of the District General Permits	$490
Modification of a Works of the District General Permit	$245
All Individual or Conceptual Approval Permits under Chapter 62-330, F.A.C. or Chapter 40B-4, F.A.C.:
(1)(1) New applications – the processing fee for a new permit application shall be as determined from the categories below:
(a)(a) Total project area of less than 10 acres, with no works in, on, or over wetlands and other surface waters, and no boat slips	$490
(b)(b) Total project area of less than 10 acres that does not meet paragraph (1)(a), above, but that involves less than 1 acre of works (i.e. dredging, filling, construction, or alteration) in, on or over wetlands and other surface waters, AND less than 10 new boat slips	$1,190
(c)(c) Project exceeds any of the thresholds in paragraph (1)(b), above, but involves a total project area of less than 40 acres, less than 3 acres of works in, on or over wetlands and other surface waters, AND less than 30 new boat slips	$2,110
(d)(d) Project exceeds any of the thresholds in paragraph (1)(c), above, but involves a total project area of less than 100 acres, less than 10 acres of works in, on or over wetlands and other surface waters, AND less than 50 new boat slips	$5,610
(e)(e) Project exceeds any of the thresholds in paragraph (1)(d), above, but involves a total project area of less than 640 acres, AND less than 50 acres of works in, on or over wetlands and other surface waters	$9,120
(f) (f) Project exceeds any of the thresholds in paragraph (1)(e), above	$11,220
(g)(g) Projects that are exclusively agricultural or silvicultural, and that involve a total project area of less than 10 acres AND less than 1 acre of works (i.e. dredging, filling, construction, or alteration) in, on or over wetlands and other surface waters	$250
(h)(h) Projects that are exclusively agricultural or silvicultural, and that exceed any of the thresholds in paragraph (1)(g), above, but involves a total project area of less than 40 acres AND less than 3 acres of works in, on or over wetlands and other surface waters	$1,055
(i) Projects that are exclusively agricultural or silvicultural, and that exceed any of the thresholds in paragraph (1)(h), above, but involve a total project area of less than 100 acres AND less than 10 acres of works in, on or over wetlands and other surface waters	$2,805
(j) (j) Projects that are exclusively agricultural or silvicultural, and that exceed any of the thresholds in paragraph (1)(i), above, but involve a total project area of less than 640 acres AND less than 50 acres of works in, on or over wetlands and other surface waters	$4,590
(k)(k) Projects that are exclusively agricultural or silvicultural, and that exceed any of the thresholds in paragraph (1)(j), above	$5,610
(l) (l) Individual or Conceptual Permits solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. For the purposes of this provision, the term “environmental restoration or enhancement” means an action or actions designed and implemented solely to convert degraded or altered uplands, wetlands, or other surface waters to intact communities typical of those historically present, or to improve the quality and condition of currently degraded wetlands or other surface waters to a more healthy, functional, and sustaining condition for fish, wildlife, and listed species	$250
(m) Individual or Conceptual Permit solely to retrofit an existing stormwater management system or systems to add treatment to and reduce stormwater pollutant loadings from the system or systems	$250
(2)(2)All Major Modifications including those that exceed any of the thresholds in subsection 62-330.315(3), F.A.C.:	50% of (1)
(3)(3) All Minor Modifications including those that do not exceed any of the thresholds in subsection 62-330.315(3), F.A.C.:
(a)(a) Transfers or Time Extensions of Permits, where not exempted from fees under Florida Statutes	$0
(b)(b) Minor Modifications to correct minor errors that do not involve technical review, or to incorporate changes requested by the reviewing agency	$0
(c)(c) All other Minor Modifications	25% of (1)
Resubmittal of an application that was previously withdrawn or administratively denied, in accordance with paragraph 62-330.090(1)(b), F.A.C. The Agency shall apply the processing fee paid when the previous application was submitted to the fee required for the new application. If the resubmitted application would require a greater fee, only the additional portion shall be required.
New Determinations of the Landward Extent of Wetlands and Other Surface Waters
(1)(1) Informal Determinations, where:
(a)(a) Total area to be included in the determination is up to 1 acre	$100
(b)(b) Additional fee per acre (or portion thereof) beyond the first, total fee not to exceed $500	$50
(2)(2) Formal Determinations, where:
(a)(a) Total area to be included in the determination is less than 10 acres	$860
(b)(b) Total area to be included in the determination is at least 10, but less than 40 acres	$1,180
(c)(c)Total area to be included in the determination is at least 40, but less than 100 acres	$2,370
(d)(d) Total area to be included in the determination is at least 100	$2,370
(e)(e) Additional fee per 100 acres (or portion thereof) beyond the first 100 acres	$200
Reissuance of Informal Determinations	$50
Reissuance of Formal Determinations, in accordance with subsection 62-330.201(5), F.A.C.	$350
Application for any activity when submitted by the Department of Defense	$0
Any fee in excess of $100, as determined by this section, shall be reduced to this amount, which shall not exceed $100, for public projects when the applicant is a county or municipality (or under contract thereto) that qualifies under Section 218.075, F.S.	$100

 

Rulemaking Authority 373.044, 373.109, 373.113, 373.118, 373.171 FS. Law Implemented 218.075, 373.109 FS. History–New 6-16-88, Amended 11-25-90, 12-22-92, 10-16-94, 11-8-94, 10-3-95, 1-3-96, 6-22-99, 5-6-12, 10-1-13,__________.

 

40B-1.901 General.

The District maintains a list of forms which is updated annually and is available upon request. All district forms and instructions may be obtained at the District headquarters or on the District’s website and are hereby incorporated by reference as follows:

(1) Form number 40B-2.041A, Water Use Permit Status Form, is incorporated by reference in Rule 40B-2.041, F.A.C.;

(2) Form number 40B-2.041B, Application for Water Use Permit Agricultural Use, is incorporated by reference in Rule 40B-2.041, F.A.C.

(3) Form number 40B-2.041C, Application[for Water Use Permit Augmentation/Other Use, is incorporated by reference in Rule 40B-2.041, F.A.C.;

(4) Form number 40B-2.041D, Application for Water Use Permit Commercial Use, is incorporated by reference in Rule 40B-2.041, F.A.C.;

(5) Form number 40B-2.041E, Application for Water Use Permit Potable Water Supply Use, is incorporated by reference in Rule 40B-2.041, F.A.C.;

(6) Form number 40B-2.351A, Water Use Permit Transfer Form, is incorporated by reference in Rule 40B-2.351, F.A.C.;

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 9-15-81, Amended 3-17-88, 12-21-88, 10-8-89, 6-17-93, 10-3-95, 1-3-96, 6-22-99, 1-29-01, 5-15-05, 7-7-08, 4-1-10, 10-1-13, Repealed by Section 3, Chapter 2012-31, Laws of Florida,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the Suwannee River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 11, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 2, 2014