The purpose of the proposed rule is to provide an incentive for water use permittees to voluntarily implement the District’s water use monitoring requirements prior to expiration of their current permit. The effect of the proposed rule is to extend ...

 

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District

RULE NO.: RULE TITLE:
40B-2.331: Modification of Permits
PURPOSE AND EFFECT: The purpose of the proposed rule is to provide an incentive for water use permittees to voluntarily implement the District’s water use monitoring requirements prior to expiration of their current permit. The effect of the proposed rule is to extend the duration of a water use permit if the permittee voluntarily implements the required water use monitoring program. Voluntarily implementing monitoring before a permit expires will provide needed data in a timelier manner.
SUMMARY: The proposed rule will allow existing water use permittees to voluntarily implement monitoring requirements prior to such monitoring requirements becoming mandatory. The proposed rule language will be located within rule 40B-2.331, Florida Administrative Code and within the SRWMD Water Use Permitting Guide, which is incorporated by reference in rule 40B-2.301, Florida Administrative Code.
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: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.083, 373.171, 373.219, 373.223, 373.229, 373.239, 373.246 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
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: Robin Lamm, Business Resource Specialist II, SRWMD, 9225 C.R. 49, Live Oak, Florida, 32060, [phone] or [phone] (FL only). 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: Robin Lamm, Business Resource Specialist II, SRWMD, 9225 C.R. 49, Live Oak, Florida, 32060, [phone] or [phone] (FL only)

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-2.331 Modification of Permits.

A permittee may seek modification of an unexpired permit consistent with Rule 40B-1.709, 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; and either:

(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; or

(c) The proposed modification is to voluntarily implement the District’s water use monitoring requirements as set forth               in Section 3.4 of the Water Use Permitting Guide.

(2) Through (5) No Change.

 

THE FOLLOWING LANGUAGE IS PROPOSED TO BE ADDED TO THE WATER USE PERMITTING GUIDE:

3.4.3 Incentives for Voluntary Monitoring

Existing permittees who seek to voluntarily implement these monitoring requirements more than one year prior to the expiration date of their permits may seek a permit modification pursuant to 40B-2.331(1)(c), FAC.  Upon such application and request from the applicant, the District will evaluate whether to modify the existing permit duration, provided the applicant demonstrates reasonable assurances that the use will continue to meet the initial conditions for issuance for the requested duration.  No permit duration will be modified pursuant to this provision for a period of less than five years or longer than ten years.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jon Dinges, Assistant Executive Director, 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: September 11, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012