The purpose and effect of this rulemaking is to amend Rules 40D-1.659 and 40D-2.091, F.A.C., and the District’s Water Use Permit Basis of Review (BOR) to incorporate required forms and extend the timeframe for the submittal of specific mitigation ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to amend Rules 40D-1.659 and 40D-2.091, F.A.C., and the District’s Water Use Permit Basis of Review (BOR) to incorporate required forms and extend the timeframe for the submittal of specific mitigation reports.
SUMMARY: The proposed rule amendments will extend the timeframe for the submittal of mitigation reports and incorporate and require the submittal of flow meter pre-installation and reimbursement forms in the Dover/Plant City Water Use Caution Area.
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: The proposed amendments will not result in an adverse economic impact on small businesses or increased costs to the regulated public. Therefore, the rulemaking does not require a SERC or legislative ratification.
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, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715 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: The 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: Sonya White, Southwest Florida Water Management District, Office of General Counsel, 7601 Highway 301 North, Tampa, FL; 33637-6759, [phone] (4660) (OGC #2012014)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.091 Publications and Forms Incorporated by Reference.

(1) No change.

(a) Water Use Permit Information Manual Part B, Basis of Review for Water Use Permit Applications (also referred to as the WUP Basis of Review) (    )(9/12).

(b) No change.

(2) No change.

(a) through (m) No change.

(n) Flow Meter Pre-Installation Information Work Sheet, Form No. LEG-R.052.00 (9/12).

(o) Flow Meter Post-Installation Information Reimbursement Form, Form No LEG-R.053.00 (9/12).

 

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10, 4-27-10, 5-26-10, 6-10-10, 6-30-10, 6-16-11, 12-12-11,     __      .

 

Water Use Permit Basis of Review

 

7.4 DOVER/PLANT CITY WATER USE CAUTION AREA

4. WITHDRAWAL MONITORING AND REPORTING

4.1 No change.

4.2 Permit Conditions

1. No change.

(a)-(b) No change.

(c) Permittees shall submit the Flow Meter Pre-Installation Information Work Sheet, Form No. LEG-R.052.00 (9/12), incorporated by reference in paragraph 40D-2.091(2)(n), F.A.C., prior to the installation of a flow meter pursuant to the above permit condition.   To receive reimbursement for the installation of a flow meter pursuant to the above permit condition, the permittee shall submit the Flow Meter Post-Installation Reimbursement Form, Form No. LEG-R.053.00 (9/12), incorporated by reference in paragraph 40D-2.091(2)(o),  F.A.C.

(d)(c) No change.

(e) No change.

2. No change.

6. INVESTIGATION OF FROST/FREEZE PROTECTION AND CROP ESTABLISHMENT WITHDRAWAL-RELATED WELL COMPLAINTS BY PERMITTEES WITHIN THE DOVER/PLANT CITY WUCA

Frost/Freeze and Crop Establishment Withdrawal-related Well Complaints

A.      No change.

B.      Permittee’s Mitigation Activities and Report

1.-3. No change.

4. Within one three business days after the complaint is fully mitigated, the permittee shall provide a report to the District in which the permittee details the activities undertaken by either the complainant or the permittee to mitigate the complaint as well as any reimbursements made by the permittee to the complainant. The permittee shall provide a copy of this report to the complainant. The District will review the report submitted by the permittee and shall require additional action by the permittee if the District determines that the complaint has not been fully mitigated.

D.-E. No change.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen West, Managing Attorney

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 25, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 3, 2012