The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above referenced rule. This rule was last amended on October 1, 2013, to make it consistent with Section 373.4131, F.S., which required ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-44.301Conditions for Issuance of Permits

PURPOSE AND EFFECT: The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above referenced rule. This rule was last amended on October 1, 2013, to make it consistent with Section 373.4131, F.S., which required the Department of Environmental Protection in coordination with the five water management districts (WMDs) to develop statewide environmental resource permitting (ERP) rules. The purpose and effect of this rulemaking is to update subsection 40C-44.301(3), F.A.C., which currently references Rule 40C-44.900, F.A.C., because Rule 40C-44.900, F.A.C. is being repealed as redundant with subsection 40C-44.101(2), F.A.C. The rest of this rulemaking will be merged into the statewide environmental resource permit (ERP) cleanup rulemaking, for which a Notice of Rule Development was published in the FAR on February 12, 2015 (Vol.41/ No.71).

SUBJECT AREA TO BE ADDRESSED: This rule development will update subsection 40C-44.301(3), F.A.C. to reference subsection 40C-44.101(2), F.A.C. instead of Rule 40C-44.900, F.A.C. regarding the appropriate application form.

RULEMAKING AUTHORITY: 373.016, 373.044, 373.113, 373.171, 373.406, 373.416, 373.418 FS.

LAW IMPLEMENTED: 373.016, 373.409, 373.4131, 373.416, 373.418 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

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 48 hours before the workshop/meeting by contacting: District Clerk, [phone] 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Veronika Thiebach, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

40C-44.301 Conditions for Issuance of Permits.

(1) through (2) No change.

(3) Existing systems which are required to obtain a permit pursuant to this chapter are presumed to satisfy the conditions for issuance in subsections (1) and (2) above provided the information requested on the appropriate application form, pursuant to subsection 40C-44.101(2) 40C-44.900, F.A.C., is submitted and the applicant demonstrates compliance with the performance standards of Rule 40C-44.065, F.A.C. If available information indicates that the operation and maintenance of the system is inconsistent with the conditions for issuance in subsections (1) and (2) above, the District shall require additional information which demonstrates that the existing system is in compliance with the performance standards of Rule 40C-44.065, F.A.C.

Rulemaking Authority 373.016, 373.044, 373.113, 373.171, 373.406, 373.416, 373.418 FS. Law Implemented 373.016, 373.409, 373.4131, 373.416, 373.418 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95, 10-1-13,_____________.