The purpose and effect of the proposed rule is to delete from Chapter 40C-22, F.A.C., the delegations to District staff that authorize staff to inform applicants submitting notices of intent to use a noticed general permit if the proposed ...

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

Rule No.: RULE TITLE
40C-22.001: Policy and Purpose
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to delete from Chapter 40C-22, F.A.C., the delegations to District staff that authorize staff to inform applicants submitting notices of intent to use a noticed general permit if the proposed consumptive use does not qualify for a noticed general permit. Amendments to Sections 373.083(5) and 373.118(5), F.S., enacted in 2010, provide that delegations are not subject to rulemaking. Regulatory delegations regarding consumptive use permits will be described solely in the Statement of Agency Organization and Operation, available on the District’s website at floridaswater.com.
SUMMARY: The proposed rule removes from Rule 40C-22.001, F.A.C., the delegation of authority to District staff to notify an applicant that a proposed consumptive use does not qualify for a noticed general permit.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.083, 373.118 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on November 9, 2010, which begins at 1:00 p.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40C-22.001 Policy and Purpose.

(1) The District has determined that certain minor consumptive uses, either singly or cumulatively, have a minimal adverse impact on the water resources of the District. This chapter’s purpose is to provide noticed general consumptive use permits for those certain minor consumptive uses. Persons using a noticed general permit under this chapter shall be subject to the notice provisions of Rule 40C-1.1012, F.A.C., before the first consumptive use is conducted as authorized herein. Compliance with the limiting conditions of the noticed general permit is required to qualify for a noticed general permit under this chapter.

(2) For notices of intent to use a noticed general permit under this chapter which are received and reviewed by a permitting office, the Governing Board appoints the Directors and Assistant Directors of the permitting offices as its agents for the purposes of reviewing these notices and informing the applicant, pursuant to Rule 40C-1.1012, F.A.C., if the proposed consumptive use does not qualify for a noticed general permit. Any individual listed in subsection 40C-22.001(3), F.A.C., may act on behalf of the Directors and Assistant Directors of the permitting offices.

(3) For notices of intent to use a noticed general permit under this chapter which are received and reviewed by the headquarters office, the Governing Board appoints the Executive Director, Assistant Executive Director, Deputy Assistant Executive Director, Director of the Department of Resource Management, Assistant Directors of the Department of Resource Management, Directors of the Service Centers, and the Director of the Division of Consumptive Use Permitting, as its agents for the purposes of reviewing these notices and informing the applicant, pursuant to Rule 40C-1.1012, F.A.C., if the proposed consumptive use does not qualify for a noticed general permit.

Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS. History–New 4-25-96, Amended 10-2-96,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kathryn Mennella, Director, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 27, 2010