The purpose of this rulemaking is to amend Chapter 40D-2, F.A.C., to remove the elements of and references to the Dover Plant City Water Use Caution Area Recovery Strategy in District rules, the WUP Applicant’s Handbook ....

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-2.091Publications and Forms Incorporated by Reference

40D-2.101Content of Application

40D-2.801Water Use Caution Areas

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Chapter 40D-2, F.A.C., to remove the elements of and references to the Dover Plant City Water Use Caution Area Recovery Strategy in District rules, the WUP Applicant’s Handbook Part B, and the Dover/Plant City Water Use Caution Area Supplemental Form.

SUMMARY: Chapter 40D-80, F.A.C. requires reassessment of the Dover Plant City Water Use Caution Area Recovery Strategy if the objectives to establish and achieve the MAL and to reduce cold-protection withdrawals by 20 percent compared to the freeze event that occurred in 2010 were not accomplished by January 2020. A recent staff assessment determined that the MAL has been achieved and that, while there have been reductions in cold-protection quantities used since 2010, the specified 20 percent reduction has not been fully achieved. A reassessment of the Recovery Strategy was completed, with the conclusion that the objective to reduce cold-protection use by 20% based on the 2010 event was impractical and unreasonable. Based on the MAL being achieved and the recommendation to eliminate the objective to reduce the January 2010 cold-protection quantities by 20 percent, a Recovery Strategy is not necessary. This rulemaking will amend Chapter 40D-2 to remove elements of and references to the Recovery Strategy. Rule 40D-80.075 is being repealed contemporaneously with this rulemaking.

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 District conducted an economic review of the revisions to the rule and determined that the impact or regulatory cost, if any, of the revisions will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S. Regarding the “adverse impact to small business” threshold for requiring the development of a SERC, it is not anticipated that the rule revisions will have an adverse impact on small businesses and will not require the development of a SERC on this basis. Regarding the “$200,000 increase in regulatory costs within one year of implementation” threshold for requiring the development of a SERC, the proposed rule revisions are not expected to lead to increased transactional costs to existing permittees, new applicants, or those seeking to revise existing Water Use Permits within 1 year of implementation. Therefore, the development of a SERC is not required.

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 F.S.

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, 403.0877 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adrienne Vining, Assistant General Counsel, SWFWMD, 7601 U.S. Highway 301 North, Tampa, Florida 33637, [phone] ext. 4668

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-2.091 Publications and Forms Incorporated by Reference.

(1) The following publications are hereby incorporated by reference into this chapter, and are available from the District’s website at www.WaterMatters.org or from the District upon request:

(a) Water Use Permit Applicant’s Handbook Part B (also referred to as the WUP Applicant’s Handbook) (rev. ___ 11/21), (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13871).

(b) No change.

(2) through (3), No change.

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, 10-14-12, 2-7-13, 2-18-13, 5-19-14, 9-29-15, 4-2-17, 2-18-20, ___.

40D-2.101 Content of Application.

(1) through (5) No change.

(6) Dover/Plant City Water Use Caution Area Application Forms – In addition to the permit application and forms identified above, all applicants for permits in the Dover/Plant City Water Use Caution Area shall submit the “Dover/Plant City Water Use Caution Area Supplemental Form” – Form No. LEG-R.050.02 (___ 5/14), (http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-03965), incorporated herein by reference. Applicants in the Dover/Plant City WUCA shall also submit the “Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area” – Form No. LEG-R.051.01 (5/14), (http://www.flrules.org/Gateway/reference.asp?No=Ref-03966), incorporated herein by reference, as appropriate for the intended water use as described in the WUP Applicant’s Handbook. All application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363, 373.116, 373.117, 373.1175, 373.216, 373.229, 373.236, 403.0877 FS. History–New 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, Formerly 16J-2.06, Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07, 9-10-08, 7-1-09, 8-30-09, 10-26-09, 1-27-10, 4-27-10, 6-16-11, 12-12-11, 10-14-12, 5-19-14, ___.

40D-2.801 Water Use Caution Areas.

(1) through (2) No change.

(3) The regions described in this rule have been declared WUCAs by the District Governing Board. This rule reaffirms the declaration of WUCAs and creates conditions to be applied to water users in those areas.

(a) through (b) No change.

(c) Dover/Plant City Water Use Caution Area. To address adverse impacts to water users and offsite land uses due to groundwater withdrawals during frost/freeze events, the Governing Board has established portions of Hillsborough and Polk Counties as a WUCA effective as of 6-16-11.

Figure 2-1 through Figure 2-2, No change.

1. through 2. No change.

3. The permitting criteria and conditions set forth in Chapter 40D-2, F.A.C., the WUP Applicant’s Handbook Part B, subsection 40D-8.626(3) and Rule 40D-80.075, F.A.C. shall apply, as specified therein, to the following existing, new, renewal and modification applications for:

a. through d. No change.

4. through 6. No change.

Figure 2-3, No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.171, 373.216, 373.219, 373.223 FS. History–New 10-5-74, Formerly 16J-3.30, Amended 10-1-89, 11-15-90, 3-1-91, 7-29-93, 1-1-03, 1-1-07, 10-1-07, 2-13-08, 4-7-08, 5-26-10, 6-16-11, 10-14-12, 5-19-14, ___.

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Southwest Florida Water Management District

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 24, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 21, 2021