The proposed amendments make changes so that all provisions relating to permit transfers and certain reporting requirements are updated and consistent with prior rulemaking. The first update relates to an October 2005, rulemaking for the standard ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The proposed amendments make changes so that all provisions relating to permit transfers and certain reporting requirements are updated and consistent with prior rulemaking. The first update relates to an October 2005, rulemaking for the standard condition set forth in paragraph 40D-2.381(3)(p), F.A.C. That condition was modified to require new owners of land and withdrawal facilities included on a water use permit to transfer the water use permit within 45 days of the sale to themselves and prior to using the water. The correlative standard condition in Chapter 6 of the Basis of Review was not modified. This rulemaking would remedy this inconsistency. Section 6.2 of the WUP Basis of Review contains two Special Conditions that are placed on permits that pertain to reporting requirements. Because these conditions have been independently revised over time, inconsistencies have arisen. This rulemaking would remedy the problem by combining the two conditions into one.
SUMMARY: The proposed amendments conform the standard permit condition regarding transfer of land and withdrawal facilities to rule change that was completed in 2005. Additionally, the proposed amendments combine Special Conditions Nos. 1 and 2 into one condition with the following additions and clarifications:
• All reports and data are to be submitted to the correct section for input to the District Regulatory Database;
• The correct postal zip code;
• Guidance for requesting online submittals;
• Synchronization of due dates with those in the particular special conditions and identification of a ten-day grace period;
• Specification of the number of copies of reports, plans and data required; and
• Specification of the number of electronically submitted reports, plans, and data required.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen A. Lloyd, Assistant General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.091  Publications Incorporated by Reference.

The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:

(1) Water Use Permit Information Manual Part B, "Basis of Review (        )(10/07) and Part D, "Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area (1/07);

(2) through (5) No change.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS.  Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 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, 11-25-07,_________.

 

Water Use Permit Information Manual

Part B Basis of Review

6.1           STANDARD PERMIT CONDITIONS

The following conditions are placed on all Water Use Permits:

1. through 15.  No change.

16. Notwithstanding the provisions of Rule 40D-1.6105, F.A.C., persons who wish to continue the water use permitted herein and who have acquired ownership or legal control of permitted water withdrawal facilities or the land on which the facilities are located must apply to transfer the permit to themselves within 45 days of acquiring ownership or legal control of the water withdrawal facilities or the land. The permittee shall notify the District within 30 days of the sale or conveyance of the permitted water withdrawal facilities or the land on which the facilities are located. Where a permit has been issued to a party whose ownership or legal control of the permitted water withdrawal facilities subsequently terminates, the party subsequently controlling the permitted water withdrawal facilities may apply to transfer the permit to himself or herself up to the renewal date of the transferor’s permit notwithstanding the provisions of Chapter 40D-0.381(1), F.A.C. The District will transfer the permit provided the source, use and withdrawal quantities remain the same. All terms and conditions of the permit shall become binding on the transferee.

17. through 19. No change.

No. 19 New 1-1-03, Amended 1-1-07; No. 16 Amended _______

6.2           SPECIAL PERMIT CONDITIONS

1. Permitting Report Condition Submitting Data Condition: All reports and of data required by condition(s) of the permit shall be submitted to the District according to the due date(s) contained in the specific condition. If the report or data is received on or before the tenth day of the each month following data collection, it shall be deemed as a timely submittal. The Permittee may use the District’s website to submit data, plans or reports online. To set up an account, the Permittee can address the request to [e-mail].

All mailed reports and data are to be sent and shall be addressed to:

Permits Data Section, Regulation Performance Management Department

Southwest Florida Water Management District

2379 Broad Street

Brooksville, Florida 34604-6899

Submission of plans and reports: Unless submitted online or otherwise indicated in the special condition, the original and two copies of each plan and report, such as conservation plans, environmental analyses, aquifer test results, per capita annual reports, etc. are required.

Submission of data: Unless otherwise indicated in the special condition, an original (no copies) is required for data submittals such as crop report forms, meter readings and/or pumpage, rainfall, water level evapotranspiration, or water quality data.

Discussion: This condition is included on all permits with data reporting requirements such as pumpage, water quality, mitigation, water level, environmental monitoring, and any other reports.

2. Submitting Reports Condition: Unless otherwise indicated, three copies of each report are required by the permit and shall be provided to the Director, Resource Regulation Department, by the Permittee.

Discussion: This condition is used whenever reports, other than data, are required in a permit. This condition includes annual or quarterly reports, description of monitoring and mitigation plans, plans to reduce off-site discharge, investigation of reuse, investigation of complaints, water quality control and assurance program, and sampling and analysis procedures.

Amended ________

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen A. Lloyd, Assistant General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 30, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 14, 2007