The Florida Department of Environmental Protection (DEP) is leading a statewide effort (referred to as CUPCon) to improve consistency in the consumptive use permitting programs implemented by the water management districts (WMDs). The CUPCon goals ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NOS.:RULE TITLES:

40E-1.021Definitions

40E-1.602Permits Required

40E-1.603Application Procedures for Processing Permit Applications or Notices of Intent

40E-1.6065Consideration of Intended Agency Decision on Permit Applications

40E-1.607Permit Application Processing Fees

40E-1.6107Transfer of Surface Water Management, or Water Use, or Wetland Resource Permit

40E-1.615Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern

40E-1.659Forms and Instructions

PURPOSE AND EFFECT: The Florida Department of Environmental Protection (DEP) is leading a statewide effort (referred to as CUPCon) to improve consistency in the consumptive use permitting programs implemented by the water management districts (WMDs). The CUPCon goals include: 1) making the consumptive use permitting program less confusing for applicants; 2) treating applicants equitably statewide; 3) providing consistent protection of the environment; 4) streamlining the process; and 5) incentivizing behavior that protect water resources.

SUMMARY: Specifically, the proposed rules: 1) update rule references; 2) clarify procedures for specific types of permit applications; 3) clarify that all right of way staff recommendations and recommendations for denial of all permit applications are considered by the Governing Board; 4) replace old forms with new ones; 5) reformat the fee table so that it is easier to read; 6) conform the permit types to those proposed in Rule 40E-2.071, F.A.C.; and 7) incentivize the online submission of applications for Noticed General Permits by reducing the application fee.

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 been prepared by the agency.

Small businesses who are consumptive use permittees and applicants will benefit from the consistency and simplification of permit categories and experience cost savings.

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 benefits to costs over a five year implementation period will result in a cumulative nominal savings of $862,740 and discounted cumulative savings of $825,139.

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: 218.075, 373.044, 373.109, 373.113, 373.421(2), 373.421(6)(b), 373.4131, 373.4136, 373.416, 380.051, 695.03, 704.06 FS.

LAW IMPLEMENTED: 120.60, 218.075, 373.079, 373.083, 373.085, 373.106, 373.107, 373.109, 373.113, 373.116, 373.171, 373.229 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 9, 2014, 9:00 a.m.

PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406

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: South Florida Water Management District Clerk, [phone], ext. 2087 or [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 IS: Steven Memberg, Water Use Policy Principal Scientist, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406 [phone], ext. 2133 or [phone], email: [e-mail], or Jennifer Bokankowitz, Esq., South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406 [phone], ext. 2258 or [phone], email: [e-mail]. For procedural questions, contact Jan Sluth, CP, FRP, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406 [phone], ext. 6299 or [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-1.021 Definitions.

When used in this Chapter, Chapters 40E-2, 40E-3, 40E-4, 40E-20, 40E-40, 40E-41, and 40E-61, and 40E-400, F.A.C.:

(1) through (5) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 668.003, 668.004, 668.50 FS. History–New 10-1-06, Amended 10-23-12,_________.

 

40E-1.602 Permits Required.

Unless expressly exempt by statute or District rule, permits must be obtained from the District prior to commencement of the following activities:

(1) A water use individual or general permit pursuant to Chapter 40E-2 or 40E-20, F.A.C., must be obtained prior to use or withdrawal of water or dewatering activities;

(2) through (11) No change.

Rulemaking Authority 373.044, 373.113,373.4131, 373.4135 FS. Law Implemented 120.60, 373.085, 373.106, Chapter 373 Parts II and IV FS. History–New 9-3-81, Formerly 16K-1.06, Amended 7-26-87, 5-11-93, 10-3-95, 4-1-96,__________.

 

40E-1.603 Application Procedures for Processing Permit Applications or Notices of Intent.

(1) No change.

(a) No change.

(b) If the District determines that the application is incomplete, the District shall request the information needed to complete the application within 30 days of its receipt. For individual water use permits, and standard general water use permits, Tthe applicant shall have 90 days from receipt of a timely request for additional information to submit that information to the District.

(c) through (e) No change.

(2) No change.

(3)(a) Agency action on all other individual permits and standard permits shall occur within 90 days of receipt of a complete application, including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.

(b) An authorization to proceed for noticed standard general water use permits in Chapter 40E-20, F.A.C., shall occur within 30 60 days of receipt of a complete notice of intent, unless a notice that the project does not qualify for the noticed general permit is sent by regular United States mail or electronic mail by the District within 30 days. If notice that the proposed project does not qualify for the noticed general permit is sent by regular United States mail or electronic mail by the District to the applicant, the review process under subsection (1) shall be initiated or the applicant shall be required to apply for the appropriate permit if the requested activity is not covered by the noticed general permit rule including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 120.60, 373.107, 373.109, 373.116, 373.229, 373.4131, 373.417, 373.421, 373.422, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Formerly 16K-1.08(1)-(8), Amended 7-1-86, 7-26-87, 11-21-89, 5-11-93, 10-3-95, 4-1-96, 7-2-98, 6-12-00, 10-1-06, Amended 12-1-11, 10-23-12,________.

 

40E-1.6065 Consideration of Intended Agency Decision on Permit Applications.

(1) No change.

(2) The District shall consider the application for a standard right of way occupancy or works of the district permit at its next regularly scheduled Governing Board meeting following the mailing or electronic mailing of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S. The District shall also consider all permit applications that staff recommends for denial, the District shall consider the application for a conceptual approval, individual environmental resource, individual surface water management, or water use permit application at its next available regularly scheduled Governing Board regulatory meeting following the mailing or electronic mailing of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S.

(3) In no case shall agency action be taken later than 60 days after the application for a conceptual approval or individual environmental resource permit, or later than 90 days after for an individual water use permit, right of way occupancy, or works of the district permit, is declared complete unless waived by the applicant or stayed by the filing of a petition for an administrative hearing. The permit applicant may voluntarily waive the timeline for governing action on the permit application in Section 120.60, F.S., in order to resolve any outstanding issues, including third party objections, regarding the project.

(4) In no case shall agency action be taken later than 60 days after the application for a conceptual approval, or individual environmental resource permit is declared complete, or later than 90 days after an application for a right of way occupancy, works of the district, or an individual water use permit is declared complete unless waived by the applicant or stayed by the filing of a petition for an administrative hearing. The permit applicant may voluntarily waive the timeline for governing action on the permit application in Section 120.60, F.S., in order to resolve any outstanding issues, including third party objections, regarding the project.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60, 373.079, 373.083, 373.107, 373.109, 373.116, 373.4131, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended 6-12-00, 10-1-06, 10-23-12,_________.

 

40E-1.607 Permit Application Processing Fees.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. An application shall not be considered complete until the appropriate application fee is submitted. These fees are assessed in order to defray the cost of evaluating, processing, monitoring, and inspecting for compliance required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to be exempt or the fee submitted is determined by the District to be incorrect. Failure of any person to pay the applicable fees established herein will result in denial of an application. Activities that do not require a permit or are exempt pursuant to Rule 40E-2.051 or 40E-3.051, F.A.C., are not subject to the following permit application fees. The District’s permit application processing fees are as follows:

(1) Water Use Permit Application processing fees are in the following table:

TABLE 40E-1.607(1)

PERMIT APPLICATION PROCESSING FEES FOR

WATER USE PERMIT APPLICATIONS

REVIEWED PURSUANT TO CHAPTERS 40E-2 AND 40E-20, F.A.C.

Fee amounts shall apply to applications for new permits, permit modifications, and permit renewals, except as noted.

Category	Amount
Individual Permit, except Mining/Dewatering
Up to 3 million gallons per month (mgm)	$350
Greater than 3 mgm through 15 mgm	$1000
Individual Public Water Supply with a duration less than 20 years
Maximum monthly allocation:
Greater than 15 million gallons per month (mgm) through 30 mgm	$2,700
Greater than 30 mgm through 300 mgm	$5,500
Greater than 300 mgm	$7,000
Individual Public Water Supply with a duration of at least 20 years Maximum monthly allocation:
Greater than 15 million gallons per month (mgm) through 30 mgm	$4,200
Greater than 30 mgm through 300 mgm	$8,500
Greater than 300 mgm	$11,500
Individual Irrigation with a duration less than 20 years	$1,000
Individual Irrigation with a duration of at least 20 years
Maximum monthly allocation:
Greater than 15 mgm through 30 mgm	$1,600
Greater than 30 mgm through 300 mgm	$3,400
Greater than 300 mgm	$5,600
Individual Mining/ (Dewatering)
Maximum monthly allocation:
Up to 15 mgm	$500
Greater than 15 mgm through 30 mgm	$1,800
Greater than 30 mgm through 300 mgm	$3,250
Greater than 300 mgm	$4,000
Individual Industrial with a duration less than 20 years
Maximum monthly allocation:
Greater than 15 mgm through 30 mgm	$1,400
Greater than 30 mgm through 300 mgm	$2,750
Greater than 300 mgm	$3,500
Individual Industrial with a duration of at least 20 years
Maximum monthly allocation:
Greater than 15 mgm through 30 mgm	$2,000
Greater than 30 mgm through 300 mgm	$3,650
Greater than 300 mgm	$5,600
Individual Diversion and Impoundment with a duration less than 20 years
Maximum monthly allocation:
Greater than 15 mgm through 30 mgm	$1,400
Greater than 30 mgm through 300 mgm	$2,750
Greater than 300 mgm	$3,500
Individual Diversion and Impoundment with a duration of at least 20 years Maximum monthly allocation:
Greater than 15 mgm through 30 mgm	$2,000
Greater than 30 mgm through 300 mgm	$3,950
Greater than 300 mgm	$6,200
Independent Secondary User of a Diversion and Impoundment with a duration of at least 20 years
Maximum monthly allocation:
Greater than 15 mgm through 30 mgm	$1,000
Greater than 30 mgm through 300 mgm	$2,000
Greater than 300 mgm	$3,200
Noticed General Standard Water Use Permit
Maximum monthly allocation through Aquifer Storage and Recovery
Application filed electronically at www.sfwmd.gov/ePermitting million gallons per month (Minor)	$100 $350
Application filed by other means	$350
Greater than 3 mgm through 15 mgm (Major)	$1,000
Short-term Dewatering	$500
Aquifer Storage and Recovery: (cost added to the applicable use type listed above)	$1,000
(cost added to the applicable use type listed above)	$1,000
Permit Transfer to Another Entity Pursuant to Rules 40E-0.107 and 40E-2.351, F.A.C.	$300
General Permit by Rule	no fee

(2) through (7) No change.

Rulemaking Authority 373.044, 373.109, 373.113, 373.421(2), 373.421(6)(b), 373.4131 FS. Law Implemented 218.075, 373.109, 373.4131, 373.421(2), 373.421(6)(b), 403.201 FS. History–New 1-8-89, Amended 1-2-91, 11-15-92, 6-1-93, 1-23-94, 10-3-95, 4-1-96, 11-8-99, 5-24-00, 6-26-02, 7-11-02, 8-10-03, 8-14-03, 11-18-07, 11-1-09, 12-15-11, 10-23-12,_________.

 

40E-1.6107 Transfer of Environmental Resource, Surface Water Management, or Water Use, or Wetland Resource Permit.

(1) The procedures for the transfer of environmental resource permits are set forth in Rule 62-330.310, F.A.C. To transfer a surface water management, water use permit, or wetland resource permit, the permittee, in addition to satisfying the applicable provisions in Rules 40E-2.351 and 40E-20.351, F.A.C., must submit Form No. 0483, August 2013, (hyperlink), Request for Surface Water Management, Water Use, or Wetland Resource Permit Transfer, incorporated by reference herein. Form No. 0483 is also available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6436, or [phone].

(2) through (5) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083, 373.171, 373.309, 373.416, 373.426, 373.429, 373.436, 668.003, 668.004, 668.50 FS. History–New 5-11-93, Amended 10-3-95, 10-1-06, 10-23-12,__________.

 

40E-1.615 Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern.

(1) No change.

(2) The following coordinated agency review procedures apply to projects which are eligible for exemptions from District environmental resource and water use permitting requirements:

(a) No permit and no coordinated agency review participation by the District is required for the water uses exempted by Rule 40E-2.051 (Exemptions), F.A.C., or identified in Rule 40E-2.061, F.A.C.

(b) No Change.

(3) The following coordinated agency review procedures apply to projects which require permits pursuant to Chapters 40E-2 or 40E-20 (Consumptive Use), 62-330 and 40E-4 (Environmental Resource), F.A.C.:

(a) through (f) No change.

Rulemaking Authority 373.044, 373.113, 373.4131, 380.051 FS. Law Implemented 373.4131, 380.051, 668.003, 668.004, 668.50 FS. History–New 9-22-87, Amended 10-3-95, 10-1-06, 12-1-11, 10-23-12,________.

 

40E-1.659 Forms and Instructions.

The following forms and instructions are incorporated by reference throughout the District’s rules as specified below and are listed herein for convenience. Hyperlinks are provided in the rules in which the forms and instructions are referenced and copies can be obtained without cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800) 432-2045, ext. 6436, or [phone]:

Form No.	Date	Title
0186	09-12	State of Florida Water Well Contractor’s Application, incorporated by reference in subsection 40E-3.038(3), F.A.C.
13760188-QCROP	10-12	Report of Planting and Harvest of Seasonal Crops Form Report of Planting and Harvest of Seasonal Crops, incorporated by reference in Rule subsection 40E-2.091(6), F.A.C.
13770188-QMON	10-12	Water Quality Report Form Quarterly Report of Monitoring Requirements, incorporated by reference in Rule subsection 40E-2.091(5), F.A.C.
13780188- QMQ	10-12	Water Use Pumpage Report Form Quarterly Report of Withdrawals Pumps, incorporated by reference in Rule subsection 40E-2.091(1), F.A.C.
0188-QASR	10-12	Quarterly Report of Injections and Withdrawals for Aquifer Storage and Recovery (ASR) Wells, incorporated by reference in subsection 40E-2.091(2), F.A.C.
0188-QMQF	10-12	Quarterly Report of Withdrawals from Wells and Surface Water, incorporated by reference in subsection 40E-2.091(3), F.A.C.
0188-QBWDR	10-12	Quarterly Report of Bulk Water Delivered and Received, incorporated by reference in subsection 40E-2.091(4), F.A.C.
0445	10-12	Mining/Dewatering Permit Application, incorporated by reference in subsection 40E-2.101(3), F.A.C.
1379 0645- W01	10-12	Water Use Permit Application Form, incorporated by reference in Rule paragraph 40E-2.101(13)(a), F.A.C.
1380		Water Use Permit Application Supplemental Form A – Agricultural Use, incorporated by reference in Rule 40E-2.101, F.A.C.
1381		Water Use Permit Application Supplemental Form B – Commercial/Industrial Use, incorporated by reference in Rule 40E-2.101, F.A.C.
1382		Water Use Permit Application Supplemental Form C – Landscape/Recreation Use, incorporated by reference in Rule 40E-2.101, F.A.C.
1383		Water Use Permit Application Supplemental Form D – Dewatering Use, incorporated by reference in Rule 40E-2.101, F.A.C.
1384		Water Use Permit Application Supplemental Form E – Public Supply Use, incorporated by reference in Rule 40E-2.101, F.A.C.
1386		Water Use Permit Application Supplemental Form F – Diversion and Impoundment Use, incorporated by reference in Rule 40E-2.101, F.A.C.
1387		Flow Meter Accuracy Calibration Report Form, hyperlink, incorporated by reference in Rule 40E-2.091, F.A.C.
1388		Alternative Method Calibration Report Form, incorporated by reference in Rule 40E-2.091, F.A.C.
1389		Crop (Freeze) Protection Form, incorporated by reference in Rule 40E-2.091, F.A.C.
1391		Notice of Intent to Use a Water Use Noticed General Permit, incorporated by reference in Rule 40E-2.101, F.A.C.
0645-G60	10-12	Table A Descriptions of Wells, incorporated by reference in paragraph 40E-2.101(1)(b), F.A.C.
0645-G61-1	10-12	Table B Description of Surface Water Pumps, incorporated by reference in paragraph 40E-2.101(1)(c), F.A.C.
0645-G61-2	10-12	Table C Description of Culverts, incorporated by reference in paragraph 40E-2.101(1)(d), F.A.C.
0645-G65	10-12	Table D Crop Information, incorporated by reference in paragraph 40E-2.101(1)(e), F.A.C.
0645-G74	10-12	Table E Water Received From or Distributed to Other Entities, incorporated by reference in paragraph 40E-2.101(1)(f), F.A.C.
0645-G69	10-12	Table F Past Water Use & Table G Projected Water Use, incorporated by reference in paragraph 40E-2.101(1)(g), F.A.C.
0645-G70	10-12	Table H Projected Water Use (For Per Capita Greater than 200 GPD), incorporated by reference in paragraph 40E-2.101(1)(h), F.A.C.
0645-G71	10-12	Table I Water Treatment Method and Losses, incorporated by reference in paragraph 40E-2.101(1)(i), F.A.C.
0645-G72	10-12	Table J Aquifer Storage and Recovery, incorporated by reference in paragraph 40E-2.101(1)(j), F.A.C.
0645-G73	10-12	Table K Water Supply System Interconnections, incorporated by reference in paragraph 40E-2.101(1)(k), F.A.C.
0779	01-01	Application for a Works of the District Permit, incorporated by reference in subsection 40E-63.091(9), F.A.C.
0889	12-11	Certification of Waiver of Permit Application Processing Fee, incorporated by reference in paragraph 40E-1.607(6)(b), F.A.C.
1045	11-10	Application for a C-139 Basin Works of the District Permit, incorporated by reference in subsection 40E-63.430(2), F.A.C.
62-532.900(1)	10-10	State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well, incorporated by reference in subsection 40E-3.101(1), F.A.C.
62-532.900(2)	10-10	State of Florida Well Completion Report, incorporated by reference in subsection 40E-3.411(1), F.A.C.

Rulemaking Authority 218.075, 373.044, 373.113, 373.4136, 373.416, 695.03, 704.06 FS. Law Implemented 218.075, 373.113, 373.4135, 373.4136, 373.416, 704.06 FS. History–New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90, Amended 7-26-87, 11-21-89, 1-4-93, Formerly 40E-1.901, Amended 5-11-93, 4-20-94, 10-3-95, 6-26-02, 8-14-02, 8-31-03, 9-16-03, 9-20-04, 2-12-06, 1-23-07, 8-7-07, 7-4-10, 12-15-11, 5-20-12, 10-23-12,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Maria C. Clemente, P.E., Water Use Bureau Chief, Regulation Division

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012 and Notice of Additional Workshops on April 30, 2013