On October 1, 2012, the Executive Director issued Order No. SWF 12-012, granting a waiver. The District received a petition from Arthur E. Staggs on August 17, 2012, for waiver of rules governing the renewal of water use permits, including Rules 40D-...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-1.603: Permit Application Procedures

The Southwest Florida Water Management District hereby gives notice:
On October 1, 2012, the Executive Director issued Order No. SWF 12-012, granting a waiver. The District received a petition from Arthur E. Staggs on August 17, 2012, for waiver of rules governing the renewal of water use permits, including Rules 40D-1.603 and 40D-2.361, F.A.C., and the relevant portions of the District’s Water Use Permit Basis of Review (BOR). In the alternative, Mr. Staggs sought waiver of Rules 40D-1.602 and 40D-2.041, F.A.C., and the relevant portions of the BOR governing when water use permits are required. The District published notice of the petition in the Florida Administrative Weekly, Vol. 38, No. 36, dated September 7, 2012. The Order grants the petition for waiver of Rules 40D-1.603 and 40D-2.361, F.A.C., and the relevant sections of the BOR. Mr. Staggs demonstrated that application of the rules would create substantial hardship by causing him to cease agricultural operations on the subject property until the District took agency action on a water use permit renewal application that had been filed by Mr. Staggs on June 8, 2012. The underlying purpose of Section 373.239, F.S., will be achieved as the District is treating the Petitioner’s application for the renewal in the same manner as the initial permit application.
A copy of the Order or additional information may be obtained by contacting:
Sonya White, Southwest Florida Water Management District, Office of General Counsel, 7601 Highway 301 North, Tampa, FL; 33637-6759, [phone] (4660) (OGC No. 2012025).