The purpose and effect of this rulemaking is to reference updated versions of forms that are being amended by the District to reduce the number of copies that are required for submittal.

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-1.6051: Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications
40D-1.659: Forms and Instructions
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to reference updated versions of forms that are being amended by the District to reduce the number of copies that are required for submittal.
SUMMARY: This rulemaking is part of a larger rulemaking effort being undertaken by the District to reduce the required number of copies of permit application forms and supporting materials submitted when applying for a permit or other authorization from the District, and the number of copies of compliance-related documents that must submitted by permittees. These amendments are intended to reduce permitting and compliance costs for the public. The District will now require only one original of Water Use Permit application forms and supporting documents and of reporting forms for permit compliance purposes. For Environmental Resource Permits, one original and 2 copies of all application forms, supporting documents, and compliance reporting forms will now be required. Rule 40D-1.6051, F.A.C., is amended to incorporate by reference an updated Applicant Transmittal Form, Form No. LEG-R.046.01(8/11) which is revised to specify the required number of copies for use with Water Use Permit applications and Environmental Resource Permit applications. Rule 40D-1.659, F.A.C., which lists all District forms, is amended to list the updated forms that are being revised as part of this rulemaking. Amendments to both rules also correct the District’s website name.
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:
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: 120.54(5), 373.044, 373.113, 373.118, 373.149, 373.171, 373.337, 373.4135, 373.4136, 373.414 FS.
LAW IMPLEMENTED: 120.54(5), 120.60, 373.079(4)(a)1., 373.083, 373.083(5), 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.2295, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.419, 373.421, 373.426, 373.705, 373.707, 668.50 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone] (4660) (OGC #2010053)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.6051 Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications.

(1) No change.

(a) The applicant shall include with each submittal of information in support of a pending permit application an Applicant Transmittal Form, Form No. LEG-R.046.010 (08/11) (6/09), which form is incorporated herein by reference and can be obtained from the District’s website at www.WwaterMmatters.org or from District offices. The applicant shall specify on the Applicant Transmittal Form the application number for which the information or material is being submitted and the contents of the submittal and shall state whether the accompanying submittal completes the applicant’s response to the District’s request for additional or clarifying information. District staff shall proceed to process the permit application upon receipt of the applicant’s information and statement that the submittal completes the applicant’s response, upon receipt of the applicant’s written request that the District proceed to process the application or, if no statement and additional information is received, upon the conclusion of the 90-day response period.

(b) through (c) No change.

(2) No change.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.4135, 373.4136, 373.414 FS. Law Implemented 120.54(5), 120.60, 373.079(4)(a)1., 373.083(5), 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426 FS. History–New 7-2-98, Formerly 40D-1.1020, Amended 9-1-09, 9-5-10,_________.

 

40D-1.659 Forms and Instructions.

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.WwaterMmatters.org.

(1) GROUND WATER

(a) through (v) No change.

(w) SOUTHERN WATER USE CAUTION AREA GROUND WATER REPLACEMENT CREDIT APPLICATION, FORM NO. LEG-R.011.021 (08/11) (4/09), incorporated by reference in paragraph 40D-2.101(6)(b)(c), F.A.C.

(x) PUBLIC SUPPLY WELL INFORMATION AND CLASSIFICATION FORM, FORM NO. LEG-R.015.021 (08/11) (4/09), incorporated by reference in paragraph 40D-3.101(2)(b), F.A.C.

(y) through (ff) No change.

(gg) WATER USE PERMIT APPLICATION – MINING AND DEWATERING MATERIALS OTHER THAN PHOSPHATE, FORM NO. LEG-R.048.010 (08/11) (8/09), incorporated by reference in paragraph 40D-2.101(2)(d), F.A.C.

(hh) through (kk) No change.

(ll) DOVER/PLANT CITY WATER USE CAUTION AREA SUPPLEMENTAL FORM – FORM NO. LEG-R.050.010 (08/11) (12/10), incorporated by reference in subsection 40D-2.101(7), F.A.C.

(mm) No change.

(2) SURFACE WATER

(a) JOINT APPLICATION FOR: ENVIRONMENTAL RESOURCE PERMIT/AUTHORIZATION TO USE STATE OWNED SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT, FORM 547.27/ERP (08/11) (6/10), incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.

(b) No change.

(c) PETITION FOR A FORMAL DETERMINATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS, FORM 547.27/FJDS (08/11) (4/09), incorporated by reference in paragraph 40D-4.042(2)(a), F.A.C.

(d) NOTICE OF INTENT TO CONSTRUCT A MINOR SILVICULTURAL SURFACE WATER MANAGEMENT SYSTEM PURSUANT TO RULE 40D-400.500, F.A.C., FORM 547.27/NOI (08/11) (4/09), incorporated by reference in subsection 40D-400.500(3), F.A.C.

(e) PERMIT APPLICATION FOR SITE CONDITIONS ASSESSMENT, FORM 547.27/SCA (08/11) (4/09), incorporated by reference in subsection 40D-40.044(1), F.A.C.

(f) through (k) No change.

(l) GENERAL ENVIRONMENTAL RESOURCE PERMIT (ERP) APPLICATION FOR MODIFICATION RELATED TO OUTPARCEL CONSTRUCTION WITHIN PERMITTED COMMERCIAL/INDUSTRIAL PROJECTS, FORM NO. LEG-R.001.021 (08/11) (4/09), incorporated by reference in subparagraph 40D-4.331(2)(a)2., F.A.C.

(m) ENVIRONMENTAL RESOURCE PERMIT MODIFICATION SHORT FORM, FORM NO. LEG-R.013.021 (08/11) (04/09), incorporated by reference in paragraph 40D-4.331(2)(b), F.A.C.

(n) No change.

(3) OTHER

(a) through (c) No change.

(d) APPLICANT TRANSMITTAL FORM, FORM NO. LEG-R.046.010 (08/11) (6/09), incorporated by referenced in paragraph 40D-1.6051(1)(a), F.A.C.

(e) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented 373.083, 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.705, 373.707, 668.50 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05(1) and (2), 10-19-05(5), 10-19-05(20), 2-6-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09, 1-27-10, 4-12-10, 4-27-10, 9-5-10, 9-12-10, 12-7-10, 1-16-11, 6-16-11,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bree Gathers
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 30, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 30, 2011