The purpose of this rulemaking is to simplify the notice of receipt of application language for permit applications; to require foreign corporate entities to be registered to conduct business in Florida; to consolidate and streamline the variance ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-1.002Delegation of Authority

40D-1.1001Variances from Water Well Construction Rules (Chapter 40D-3, F.A.C.)

40D-1.1002Variances from Water Shortage Rules and Orders (Chapter 40D-21, F.A.C.)

40D-1.1010Point of Entry into Proceedings

40D-1.102Definitions

40D-1.1022Emergency Authorization for Well Construction Permits

40D-1.140District Funds

40D-1.602Permits Required

40D-1.603Permit Application Procedures

40D-1.6031Authority to Transact Business

40D-1.604Bonds

40D-1.6051Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications

40D-1.607Permit Processing Fee

40D-1.608Permit Fee Reduction for Certain Counties, Municipalities, and Other Authorized Entities

40D-1.659Forms and Instructions

PURPOSE AND EFFECT: The purpose of this rulemaking is to simplify the notice of receipt of application language for permit applications; to require foreign corporate entities to be registered to conduct business in Florida; to consolidate and streamline the variance and waiver process for water shortage orders and year-round conservation measures; to expand the waiver of application fees in certain instances; to clarify that local government fee reduction requests must be signed by authorized agents; to streamline the District’s water shortage variance and waiver petition form; to delete obsolete provisions regarding subscription fees; to reflect the District’s organizational structure; and to conform Chapter 40D-1 to Florida Statutes, District Rules, and FDEP Rules. The effect of this rulemaking will result in a more efficient and cost-effective permit application process and will improve rule clarity for applicants.

SUMMARY: Procedural.

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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.

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: 120.54, 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.219, 373.308, 373.309, 373.337, 373.4135, 373.4136, 373.414, 373.418 FS.

LAW IMPLEMENTED: 120.54, 120.60, 218.075, 253.002, 253.115, 373.019, 373.046, 373.073, 373.079, 373.083, 373.084, 373.085, 373.103, 373.106, 373.109, 373.116, 373.118, 373.119, 373.129, 373.136, 373.149, 373.171, 373.175, 373.206, 373.207, 373.209, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.2295, 373.239, 373.246, 373.306, 373.308, 373.309, 373.313, 373.316, 373.323, 373.324, 373.326, 373.342, 373.403, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.419, 373.421, 373.426, 373.427, 373.553, 373.705, 373.707, 380.06(9), 668.50 FS.’

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

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: SWFWMD Human Resources Director, [phone], ext. 4702; 1(800)423-1476 (FL only), ext. 4702; or to [e-mail]. 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: Sonya White, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2013047)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-1.002 Delegation of Authority.

(1) The Board of Trustees of the Internal Improvement Trust Fund, pursuant to Rule 18-21.0051, F.A.C., has delegated to the Governing Board the authority to review and take final agency action on certain applications to use state-owned sovereign submerged lands. Rule 18-21.0051, F.A.C., also provides that the Governing Board may delegate review and decision making authority to District staff. Therefore, the Governing Board further delegates this authority to the Executive Director, the Assistant Executive Director, the Division Deputy Executive Director for Resource Regulation, and the Environmental Resource Permit Bureau Chief, or the Regulation Managers the Director of Regulation Performance Management and the Regulation Department Directors, when an application to use state-owned sovereign submerged lands involves an activity which is reviewed pursuant to the general permit procedures of Chapter 62-330 40D-40 or 40D-400, F.A.C.

(2) The Governing Board delegates to the Executive Director, the Assistant Deputy Executive Director, the Division Director for Resource Regulation, the Water Use Permit Bureau Chief, Tampa Regulation Director, and the Demand Management Program Manager the authority to take final agency action on petitions for variances and waivers pursuant to subsection 40D-1.1002(5) and Rule 40D-22.303, F.A.C.

(3) The Governing Board hereby incorporates by reference the following documents, copies of which may be obtained from the District’s website at www.WaterMatters.org/permits/wellconstruction or from the Southwest Florida Water Management District, Document Services Section, 2379 Broad Street, Brooksville, Florida 34604-6899:

(a) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Manatee County, effective June 1, 2010.

(b) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Sarasota County effective June 1, 2010.

(c) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Marion County Health Department, effective October 1, 2009, and amendment, effective October 1, 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00714.

Rulemaking Authority 373.044, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309 FS. Law Implemented 253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308, 373.309, 373.427 FS. History–New 3-1-84, Amended 3-10-96, 7-22-99, 12-2-99, 9-26-02, 7-20-04, 10-19-05, 5-21-06, 7-13-06, 12-24-07, 5-12-08, 12-7-09, 7-22-10, 12-7-10, 12-4-11,________.

 

40D-1.1001 Variances from Water Well Construction Rules. (Chapter 40D-3, F.A.C.)

(1) The District finds that in certain cases compliance with the requirements of Chapter 40D-3, F.A.C., may result in an undue hardship in the construction, repair, modification or abandonment of wells.

(2) Any affected person may request a variance from any part of Chapter 40D-3, F.A.C., for an individual well by making written request which must include those specific requirements from which a variance is requested, any alternate or substitute methods or conditions considered appropriate, and reasons why the variance is considered necessary. When submitting an abandonment plan as part of a variance request to the District, the contractor shall supply any available logs, including but not limited to caliper, natural gamma and lithologic logs of the hole.

(3) The Executive Director or his designee shall grant a variance if the request is not contrary to accepted public health and sanitary engineering practices and will not adversely affect the water resource. The variance shall be the minimum necessary to ameliorate the hardship.

(4) Upon issuance of a variance, the District shall impose such special conditions as may be necessary to protect the intent and purpose of Chapter 373, Part III, F.S., and this chapter.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171 FS. Law Implemented 120.54(5), 373.308, 373.309, 373.313, 373.316, 373.326 FS. History–New 7-1-90, Amended 9-30-91, 12-31-92, Formerly 40D-3.501, Amended 7-2-98, 6-17-99,________.

 

40D-1.1002 Variances and Waivers from Water Shortage Rules and Orders. (Chapter 40D-21, F.A.C.)

(1) General – Users may request relief from the provisions of Chapter 40D-21 and 22, F.A.C., and orders issued pursuant thereto, by filing with the District a Petition For Variance or Waiver, in accordance with Section 120.542, F.S., and Chapter 28-104, F.A.C., or by filing Form No. LEG-R.42.00-058(09**/**28/**10), incorporated herein by reference and available upon request from the District. Relief from provisions of a local government ordinance imposing more severe restrictions shall be by petition to such local government.

(2) Criteria for Issuance – No petition for variance shall be granted unless the petitioner affirmatively demonstrates that 1 or more of the following circumstances exists:

(a) The variance is essential to protect public health or safety;

(b) Compliance with this rule will require measures which, because of their extent or cost impose undue hardship, cannot be accomplished within the anticipated duration of the shortage or will not ensure equitable distribution;

(c) Alternative restrictions which achieve the same level of demand reduction as the restrictions from which a variance is sought are available and are binding and enforceable.

1. These alternative restrictions shall be summarized within a short-term water reduction plan, prepared by the petitioner, to be submitted to the District for consideration.

2. Any user who has submitted a short-term water reduction plan in compliance with a Board order shall, upon approval, be bound by such plan unless good cause exists for changes to such plan and the plan is amended accordingly.

(3) Limiting Conditions – Variances granted shall be subject to the following conditions, unless waived or modified by the Board.

(a) The variance granted shall be the minimum necessary to alleviate the circumstance for which the variance was requested under subsection 40D-1.1002(2), F.A.C., and is limited to the water shortage phase in which the variance is granted, unless otherwise specified in the variance, or unless modified or renewed by the District in writing upon request of the variance holder for good cause shown;

(b) All variances shall expire upon a declaration by the Board that a water shortage no longer exists, provided, however, that variance conditions which require the petitioner to modify water use facilities shall remain in full force and effect until such modifications have been completed; and

(c) Variances granted under subsection 40D-1.1002(2), F.A.C., shall prescribe a timetable for compliance with the restrictions from which a variance was sought.

(4) Petitions for Variance – The petition shall contain the following:

(a) The petitioner’s name, address and telephone number;

(b) The specific section of the rule or order from which the petitioner is requesting relief;

(c) A detailed statement of the facts which the petitioner believes demonstrate that the request qualifies for a variance under subsection 40D-1.1002(2), F.A.C., which may include reports by qualified technical experts;

(d) A description of the relief desired;

(e) The period of time for which the variance is sought, including the reasons and facts in support thereof;

(f) The damage or harm resulting or which may result to petitioner from compliance with the rule or order;

(g) The restrictions which petitioner can meet and the date when petitioner can comply with such restrictions;

(h) A short-term water use reduction plan, describing any and all alternative reductions implemented in lieu of the restrictions for which variance is sought, if applicable;

(i) The steps the petitioner is taking to meet the order or specific restriction from which the variance is sought and when compliance will be achieved; and

(j) Any other information the petitioner believes is material.

(5) Procedures:

(2)(a) Unless the petitioner requests otherwise, the petition for variance or waiver shall be considered a petition for informal proceeding under Chapter 120, F.S.

(b) Within 5 working days after receipt of a complete petition for variance, the staff shall recommend to the Executive Director whether the petition complies with the provisions of subsections (2) through (4) of Rule 40D-1.1002, F.A.C.

(c) The Executive Director shall review the petition and the staff recommendation. Petitions which do not require immediate action or which do not comply with the provisions of subsections 40D-1.1002(2) through (4), F.A.C., may be deferred for Board action. Petitions which require immediate action and which comply with the provisions of subsections 40D-1.1002(2) through (4), F.A.C., may be temporarily granted by the Executive Director. Orders temporarily granting a petition shall be presented to the Board for concurrence, rejection, or modification.

(d) The Board shall consider all deferred petitions as well as those temporarily granted by the Executive Director at its next scheduled water shortage hearing or regularly scheduled meeting. The Board may grant or deny the deferred petitions and may concur with, reject, or modify those petitions temporarily granted by the Executive Director. A petitioner whose variance has been granted shall be furnished an appropriate notice of water shortage variance.

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 373.175, 373.246 FS. History–New 11-19-84, Amended 7-2-86, Formerly 40D-21.291, Amended 7-2-98, 12-7-10,_________.

 

40D-1.1010 Point of Entry into Proceedings.

(1) For all District permitting decisions under Part II and Part IV of Chapter 373, F.S., and decision on petitions for formal determination of wetlands or other surface waters, the District shall require an applicant to publish, or inform an applicant that the applicant has the right to publish, written notice of a District decision in a newspaper of general circulation as set forth in Chapter 50, F.S., in the county or counties where the activity is proposed.

(2)(a) “Written notice” as set forth in Rule 28-106.111, F.A.C., means either receipt of actual written notice that the District has taken or intends to take final agency action, or publication of notice that the District has taken or intends to take final agency action. If final agency action materially differs from a written notice of the District’s intended action, persons who may be substantially affected shall have an additional 21 days, or for a notice of consolidated intent an additional 14 days, from the date of receipt or publication of notice of such action to request an administrative hearing. Such requests for an administrative hearing shall only address those aspects of the agency action which differ from the proposed agency action.

(b) Receipt of written notice of a District decision shall be deemed to be the fifth day after the date on which the written notice is deposited in the United States mail if actual notice is mailed, the date that the notice is sent if actual notice is issued by electronic mail, or the date that notice is published if actual notice is not issued to the persons who may be substantially affected. If the date of publication of a notice of District decision precedes procedes the date that actual notice is received, the applicable 21-day or 14-day period in which to request an administrative hearing will be determined from the date that notice of District decision was published.

(3) When publication is made or notice is issued of a District decision on a permitting matter, the notice shall contain as a minimum:

(a) Name of applicant and a brief description of the proposed activity and its location;

(b) Location of the application and its availability;

(c) Statement of the District’s intended action and basis for the issuance or denial except when issuance is a ministerial act;

(d) Scheduled date of Board action, if such action is necessary;

(e) Notification of administrative hearing opportunity or right to judicial review, the procedures which must be followed and applicable time limits; and

(f) Notification of whether mediation under Section 120.573, F.S., is available as an alternative remedy.

(4) When an applicant publishes written notice of a District decision, the applicant shall provide an affidavit of publication to the District within 14 days of publication.

(5) For notices of agency action on a consolidated application for an ERP and use of state-owned sovereignty submerged lands concurrently reviewed by the District pursuant to Section 373.427, F.S., any petition for an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., must be filed within 14 days of receipt of written notice of consolidated intent to issue or deny a permit.

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 120.60, 253.115, 373.079(4)(a), 373.083(5), 373.216, 373.219, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.421, 373.426, 373.427 FS. History–New 7-2-98, Amended 11-2-08, 11-2-09, 3-22-12,__________.

 

40D-1.102 Definitions.

The terms set forth herein shall have the meanings ascribed to them unless the context clearly indicates otherwise, and such meanings shall apply throughout these rules. To facilitate easier reference, certain terms defined by applicable statute have been included herein with appropriate citation. Terms which apply to only 1 chapter of these rules are defined in the respective chapter.

(1) “Act” means the Florida Water Resources Act of 1972, as amended, together with all provisions of Chapter 373, F.S., relating to Water Management Districts and any amendments thereto which may be made from time to time.

(2) “Aquifer” means a hydrologic unit which consists of a geologic formation, a related group of formations, or only part of a formation, which is saturated with water and capable of transmitting usable quantities of water to wells or springs.

(3) “Board” means the Governing Board.

(4) “Consumptive use” means any use of water that which reduces the supply from which it is withdrawn or diverted.

(5) “District” means the Southwest Florida Water Management District.

(6) “Domestic use” means any use of water for individual personal needs or for household purposes such as drinking, bathing, heating, cooking, or sanitation. Section 373.019(6), F.S.

(7) “Executive Director” means the Executive Director of the District or the person designated by the Board to act in his absence.

(8) “Governing Board” means the Governing Board of Southwest Florida Water Management District.

(9) “Impoundment” means any natural or manmade lake, reservoir, pond, or other containment of water occupying a bed or depression in the earth’s surface and having a discernible shoreline.

(10) “Material change” means information which is reasonably expected to lead to a different agency action on the application or an impact or design specification that is different in degree or kind than previously proposed.

(11)(10) “Minimum rate of flow” means the limit at which further withdrawals from a stream or other watercourse would be significantly harmful to the water resources or ecology of the area.

(12)(11) “Minimum level” means the level of the water table or of the potentiometric surface of water in an aquifer or the level of surface water at which further withdrawals would be significantly harmful to the water resources of the area.

(13)(13) “Other watercourse” means any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. Section 373.019(14), F.S.

(14)(13) “Otherwise control” means any contractual right, rental agreement, license, or permit from an owner which an applicant has to exercise authority over certain property, especially insofar as it relates to the water resources of the property.

(14) “Person” means any and all persons, natural or artificial, including any individual, firm, association, organization, partnership, business trust, corporation, company, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof. The enumeration herein is not intended to be exclusive or exhaustive. Section 373.019(15), F.S.

(15) “Reasonable-beneficial use” means the use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest. Section 373.019(16), F.S.

(16) “Reservoir” means any artificial or natural holding area which contains or will contain the water impounded by a dam. Section 373.403(4), F.S.

(17) “Stream” means any river, creek, slough or natural watercourse.

(18) “Water” or “waters in the District” means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the District.

(19) “Water Regulatory District” means the Southwest Florida Water Management District (Regulatory) created October 30, 1968, pursuant to authority of Chapter 373, F.S.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.019, 373.046, 373.073, 373.079, 373.103, 373.403 FS. History– Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.02, 40D-0.021, Amended_________.

 

40D-1.1022 Emergency Authorizations for Activities Regulated Under Part III of Chapter 373, F.S. Well Construction Permits.

(1) Emergency well construction permits shall be issued by the Executive Director or the Executive Director’s designee when one 1 of the following conditions exist which justifies the issuance:

(a) An existing well supplying a particular use has failed and must be immediately replaced;

(b) The health, safety, or general welfare of the people affected by said emergency would be jeopardized without such authorization; or

(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources.

(2) If Chapter 40D-2, F.A.C., Consumptive Use of Water, also applies to the well, an emergency permit may be issued only if, in addition to qualifying under (1) above, an application for a WUP has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the WUP.

(3) The applicant for an emergency permit shall submit the application and fee in accordance with Rules 40D-3.101 and 40D-1.607(7) 40D-3.201, F.A.C., along with any other requested information within 48 hours after making oral application.

(4) Rule 40D-3.411, F.A.C., shall apply to all construction performed under an emergency permit.

(5) In emergency situations when compliance with the requirements of Part III of Chapter 373, F.S., or Chapter 40D-3, F.A.C., will result in undue hardship when an unexpected problem is encountered during the construction, repair or abandonment of a well, the Executive Director or the Executive Director’s designee, shall authorize an exemption, by telephone, from the conditions required by a permit or rule requirements for a well. A Well Completion Report documenting the exemption must be submitted to the District in writing within 30 days of completion.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171, 373.308, 373.309 FS. Law Implemented 120.54(5), 373.306, 373.308, 373.309, 373.313, 373.326, 373.342 FS. History–Readopted 10-5-74, Formerly 16J-3.12, Amended 7-1-90, 9-30-91, Formerly 40D-3.451, Amended 7-2-98, 6-17-99,_________.

 

40D-1.140 District Funds.

District funds shall be disbursed by wire or electronic transfer according to the following procedure:

(1) The Executive Director, or the Executive Director’s his designee, shall authorize and supervise all wire or electronic transfers of District funds, and shall report all wire or electronic transfer transactions to the Board at its regular meeting following such transaction.

(2) The Executive Director shall provide written instructions to each financial entity that will be transferring District funds by wire or electronic transfer indicating which District staff shall have the authority to request wire or electronic transfers of District funds, and stating that such financial entity may not wire or electronically transfer District funds without receiving prior instructions for each transfer.

(3) The Executive Director, or any staff member authorized by the Executive Director to request wire or electronic transfers of District funds as provided in subsection (2) above, shall provide a request for confirmation of transfer and detailed instructions, by telecopy transmission, hand delivery, or U.S. mail, to the financial entity transferring the funds indicating the accounts from and to which District funds are to be transferred prior to each wire or electronic transfer of District funds.

Rulemaking Authority 373.044, 373.113, 373.149 FS. Law Implemented 373.553 FS. History–New 3-1-93, Formerly 40D-1.201, Amended_________.

 

40D-1.602 Permits Required.

Unless expressly exempt by law or District rule, or authorized pursuant to Section 403.814(12), F.S., the following permits shall be obtained from the District prior to commencement of the following activities:

(1) A water use permit (WUP) under Chapter 40D-2, F.A.C., must be obtained prior to the consumptive use or withdrawal of water;

(2) A well construction permit under Chapter 40D-3, F.A.C., must be obtained prior to the construction, repair or abandonment of a well.

(3) A surface water, individual, general, or noticed general permit under Chapter 40D-4, 40D-40 or 40D-400, F.A.C., must be obtained prior to construction, alteration, abandonment, operation, or removal, of any surface water management system, dam, impoundment, reservoir, appurtenant work or works, including dredging or filling, as prescribed by District rules. An individual permit is required for the establishment and operation of mitigation banks.

(4) A conceptual environmental resource permit may be obtained for proposed surface water management systems or mitigation banks. However, a conceptual permit does not authorize construction or operation. A conceptual mitigation bank permit can be utilized to estimate the legal and financial requirements for the mitigation bank, information required for evaluation of the mitigation bank permit application, and potential mitigation credits that would be awarded to the specific project proposal.

(5) A proprietary authorization is required by Chapters 253 and 258, F.S., for activities which are located on state-owned submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. Such authorization shall be reviewed by the District for activities which also require an environmental resource permit (ERP) or exemption under Chapters 40D-4, 40D-40, and 40D-400, F.A.C., or a permit under Sections 373.414(11)-(16), F.S., under Section 373.427, F.S., Chapters 18-20 and 18-21, and Rules 62-312.065 and 62-343.075, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.4136, 373.414, 373.418 FS. Law Implemented 373.106, 373.118, 373.171, 373.216, 373.219, 373.308, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426, 380.06(9) FS. History–New 10-1-84, Amended 12-22-94, 10-16-96, 2-14-00, 9-26-02, 6-5-05,_________.

 

40D-1.603 Permit Application Procedures.

(1) A permit application shall be:

(a) Filed with the District on the appropriate form or forms incorporated by reference in the applicable rule, with all application blanks filled in and containing signatures as required for each form;

(b) Accompanied by the required number of copies at the time of submittal, as specified in the appropriate rule; and

(c) Accompanied by the appropriate fee as set forth in Rule 40D-1.607, F.A.C.

(d) Any requirement to submit multiple copies of an application shall not apply when the complete application package is submitted received electronically through the District's electronic permitting process.

(2) No later than 30 days after submittal of an initial application or an application for modification of an individual surface water management permit, an individual ERP or an initial application or application for renewal or modication of an individual WUP for annual average withdrawals of 500,000 gpd or greater pursuant to Chapter 40D-2, F.A.C., the applicant shall publish at the applicant’s expense a notice of the District’s receipt of the application in a newspaper having general circulation as defined in Chapter 50, F.S., in the county or counties in which the activity is proposed. No later than 30 days after receipt of an application for an initial or modification of a general surface water management permit or ERP pursuant to Chapter 40D-40, F.A.C., or a noticed general ERP pursuant to Chapter 40D-400, F.A.C., or for an initial application or application for renewal or modification of a general WUP for annual average withdrawals of less than 500,000 gpd pursuant to Chapter 40D-2, F.A.C., the District shall post notice thereof on the District’s website at www.watermatters.org. In the event that after posting of notice an application for a general permit is modified such that it is an application for an individual permit, notice of the application shall be published by the applicant in a newspaper as provided herein.

(3) Persons who wish to be notified in writing or by electronic mail of receipt of permit applications affecting a particular geographic area shall notify the District in writing or by electronic mail, and shall specify their area of interest by county or by section, township and range. Persons may request to be notified by regular U.S. mail or by electronic mail. The District shall, within 30 days of receipt of an application, provide by regular or electronic mail as requested, a notice of receipt of the application to any person who has filed a written or electronic mail request for notification of any pending applications affecting the particular designated area in which the activity is proposed. Persons electing to receive mailed notices of application shall be assessed a subscription fee to cover duplication and mailing costs as provided in subsection (14) below.

(4) Each notice of receipt of application shall state where interested persons may inspect a copy of the application and that written comments or objections concerning the application may be filed with the District. Comments or objections must be received within 14 days of the date of the notice in order to be considered by the District. The District may request persons submitting objections or comments to furnish additional information. Upon request, the District will provide the applicant with a copy of all objections and comments received. Submittal of comments or objections concerning a permit application does not constitute a petition for administrative hearing pursuant to Chapter 120, F.S.

(5) Each notice of application receipt of application shall further advise that if notice of intended agency action and or opportunity to request an administrative hearing pursuant to Chapter 120, F.S., regarding a permit application is desired, a written or electronic mail request referencing the permit application number must be filed with and received by the District.

(6) Publication or posting of the notice of application pursuant to subsection (2) shall constitute constructive notice of the permit application to all substantially affected persons. Notices of intended agency action will be issued only to applicants and persons who have filed requests for notification in writing or by electronic mail that specifically reference the relevant permit application number.

(7) When information submitted to the District incorporates or results in a material change to the proposed activity for which the applicant seeks a permit, the District shall notify the applicant that the application is deemed to be amended, the proposal contained in the original application is deemed withdrawn and the 30 and 90 day time requirements provided in Section 120.60(1), F.S., shall restart. For purposes of this subsection (7), the term “material change” shall mean information which is reasonably expected to lead to a different agency action on the application or an impact or design specification that is different in degree or kind than previously proposed.

(8) Only 1 application shall be filed for a permit required under the Part II of Chapter 373, F.S., and District rules Chapter 40D-2, F.A.C., for an activity on or involving the same property and project, including initial permit applications as well as applications for modification of a permit, at any time prior to final action on the application first received by the District. If the District determines that more than 1 application has been so filed, the District will notify the applicant that the most recent application is deemed an amendment of the pending application, and if the amendment constitutes a material change, the application will be processed in accordance with subsection (7) above.

(9) In addition to, and concurrent with the noticing required pursuant to subsection (2), when the applicant is an entity with the power of eminent domain that does not have current ownership or control of the entire project area described in the application, the applicant shall provide the property owner(s) identified in the application:

(a) With a written notice of receipt of the application in accordance with subsection (2); and

(b) With a written notice of the intended agency action on the application. The owners of property, not owned by the applicant, identified in the application shall be those identified in the County Property Appraiser’s records within 30 days prior to the filing of the application.

(10) Applicants who seek to renew a permit must submit a timely and sufficient application for renewal in order to avoid expiration of the permit. An Aapplication for renewal shall be considered of a permit is timely only if it isactually received by the District no not later than the expiration date of the existing permit. Mailing the application does not constitute receipt by the District. If the permit’s expiration date falls on a weekend or recognized holiday, the application for renewal must be received by the District on the next business day after the weekend or holiday.  When timely and sufficient application for renewal is made, the existing permit shall not expire until the application for renewal has been finally acted upon by the District, or if the permit is denied or the terms of the permit are limited, until the last day for seeking review of the District action or a later date fixed by order of the reviewing court.

(11) Published notices of receipt of an application for a surface water management permit or Environmental Resource Permit shall contain information and be in a format substantially as follows:

Notice is hereby given that the Southwest Florida Water Management District has received [surface water or Environmental Resource] permit application number [application number] from [name and address of applicant]. Application received: [date]. Proposed activity: [specify commercial, industrial, residential or other development]. Project name: [name or description of project]. Project size: [specify acres] Location: Section(s) [specify] Township [specify] East, Range [specify] South, in [specify] County. Outstanding Florida Water: [yes or no]. Aquatic preserve: [yes or no]. The application is available for public inspection Monday through Friday at [specify District office and address]. Interested persons may inspect a copy of the application and submit written comments concerning the application. Comments must include the permit application number and be received within 14 days from the date of this notice. If you wish to be notified of intended agency action or an opportunity to request an administrative hearing regarding the application, you must send a written request referencing the permit application number to the Southwest Florida Water Management District, Regulation Performance Management Department, 2379 Broad Street, Brooksville, FL 34604-6899 or submit your request through the District’s website at www.watermatters.org. The District does not discriminate based on disability. Anyone requiring accommodation under the ADA should contact the Regulation Performance Management Department at [phone] or 1(800)423-1476, TDD only 1(800)231-6103.

(12) Published notices of receipt of an application for a water use permit shall contain the information included in and substantially conform to the following format be in a format substantially as follows:

Notice is hereby given that the Southwest Florida Water Management District has received an application for a [new or modification of] water use permit application number [application number]  from [name and address of applicant] to withdraw water from wells and/or surface waters from [applicant name and address]. Application number: [insert application number]. Application received: [date]. Predominant use type(s): [specify public supply, recreation/aesthetic, commercial, agricultural, mining/dewatering]. Quantity [quantity]. Total requested withdrawal average daily gallons per day: [specify]. Peak month average gallons per day: [specify]. Maximum daily gallons per day: [specify]. From [number of] [wells or other withdrawal points]. Location: Section(s) [specify] Township [specify] East, Range [specify] South, in [specify] County. The application is available for public inspection Monday through Friday at 7601 U.S. Highway 301 North, Tampa, Florida 33637 or through the “Application & Permit Search Tools” function on the District’s website at www.watermatters.org/permits/. [specify District service office and address]. Interested persons may inspect a copy of the application and submit written objections and comments concerning the application within 14 days from the date of this notice. Comments must include the permit application number and be received within 14 days from the date of this notice. If you wish to be notified of intended agency action or an opportunity to request an administrative hearing regarding the application, you must send a written request referencing the permit application number to the Southwest Florida Water Management District, Regulation Performance Management Department, 2379 Broad Street, Brooksville, FL 34604-6899 or submit your request through the District’s website at www.watermatters.org. The District does not discriminate based on disability. Anyone requiring accommodation under the ADA should contact the Regulation Performance Management Department at [phone] or 1(800)423-1476: TDD only 1(800)231-6103.

(13) Applicants required to publish a notice of receipt of application receipt must provide to the District a publisher’s affidavit establishing proof of publication pursuant to Sections 50.041 and 50.051, F.S., before the application will be considered complete and the applicable 90-day timeframe for taking agency action on the application will commence.

(14)(a) A pre-paid subscription fee shall be assessed for processing requests to receive notices of District receipt of permit applications sent by regular U.S. mail to cover costs of duplication and mailing. Subscription fees for a maximum term of up to 6 months duration are as follows:

1. $ 10.00 per designated section, township and range;

2. $ 50.00 per designated county; or

3. $ 5.00 per designated application.

(b) Duplication costs equal to those allowable for producing copies of public records pursuant to Section 119.07, F.S., and actual postage costs shall be assessed against the subscription fee until the pre-paid fee is exhausted. Persons who have pre-paid the subscription fee will be notified when their subscription fee balance has been exhausted, and no further notices will be sent until additional subscription fees are paid pursuant to this subsection. Persons having pre-paid subscription fees remaining at the expiration or cancellation of a subscription term may request that the fees be refunded or applied toward another subscription or subscription term.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 120.60(4), 373.116, 373.118, 373.229, 373.413 FS. History–New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, 7-2-98, 7-22-99, 11-8-00, 9-26-02, 12-24-07, 4-7-08, 11-2-08, 9-1-09, 12-11-12,_________.

 

40D-1.6031 Authority to Transact Business.

A foreign for-profit or not-for-profit corporation, foreign limited liability company, or foreign partnership must have the authority to transact business in the State of Florida pursuant to Chapters 607, 608, 617, and 620, F.S., prior to obtaining a permit pursuant to Chapters 40D-2, 40D-3, 40D-4, 40D-40, 40D-400 and 62-330, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.129, 373.136 FS. History–New_________.

 

40D-1.604 Bonds.

(1) The District may require the applicant for a permit to furnish a bond made payable to the District and its successors, with a reputable bonding corporation authorized to do business in this State as surety, conditioned upon full compliance with the terms of the permit. The amount of the bond shall be in such amount as the District shall determine to be adequate.

(2) In the alternative to subsection (1), the District may require liability insurance in such amount as the District shall determine endorsed in favor of the District or a hold harmless agreement satisfactory to the District.

(2)(3) The District may require that such bond or liability insurance be maintained as a condition of the continued validity of the permit.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.085, 373.413, 373.416 FS. History–Readopted 10-5-74, Formerly 16J-0.13, 40D-1.391, 40D-1.1900, Amended, 6-5-05, 11-2-09,_________.

 

40D-1.6051 Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications.

(1) Within 30 days after receipt of an application, the District shall notify the applicant if the application is incomplete and request the additional information required to make the application complete. The applicant shall have up to 90 days to submit all information requested. If additional information is not supplied within 90 days after notice by the District, the application will be denied for lack of completeness as provided in subsection (2). Within 30 days after receiving all additional information requested from the applicant, the District shall review it and may request only clarifications of the information or request answers to new questions raised or directly related to the information previously furnished. The applicant shall have up to 90 days from issuance of the District’s request for clarifying or additional information to submit the information requested.  If the requested information is not supplied within 90 days after notice by the District, the application will be denied for lack of completeness as provided in subsection (2). If the applicant believes the request of the District for such clarifying or additional information is not authorized by law or rule, upon receipt of the applicant’s written request the District shall deem the application complete and proceed to process the permit application.

(a) The applicant shall include with each submittal of information in support of a pending permit application an Applicant Transmittal Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-00741 Form No. LEG-R.046.01 (08/11), which form is incorporated herein by reference and can be obtained from the District’s website at www.WaterMatters.org or from District offices. The applicant shall specify on the Applicant Transmittal Form the application number for which the information or material is being submitted and the contents of the submittal and shall state whether the accompanying submittal completes the applicant’s response to the District’s request for additional or clarifying information. District staff shall proceed to process the permit application upon receipt of the applicant’s information and statement that the submittal completes the applicant’s response, upon receipt of the applicant’s written request that the District proceed to process the application or, if no statement and additional information is received, upon the conclusion of the 90-day response period.

(b) Upon written request by the applicant, an extension of time may be granted by the District staff upon a showing by the applicant that a good faith effort is being made to provide the additional information and the additional time is required.

(c) Denial of an application for lack of completeness is without prejudice to the applicant’s right to file a new application on the same subject matter.

(2) If requested information is not submitted to the District within the time limits set forth in subsection (1) above, or if an application remains incomplete for more than 365 days and no further extension of time will be granted, District staff shall issue to the applicant a notice advising of staff’s intent to deny the application and that the applicant may request referral of the application to the Governing Board for final action. Upon such request and provided the request is made in sufficient time for agency action to occur within the time limits required by Chapter 120, F.S., or other applicable law, the application will be referred to the Governing Board for final action. Applications not referred to the Governing Board will be denied by staff issuance of a notice of final action to deny the permit application for lack of completeness.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.4135, 373.4136, 373.414 FS. Law Implemented 120.54(5), 120.60, 373.079(4)(a)1., 373.083(5), 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426 FS. History–New 7-2-98, Formerly 40D-1.1020, Amended 9-1-09, 9-5-10, 12-12-11,_________.

 

40D-1.607 Permit Processing Fee.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, 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 qualify for a permit with a lower fee or not require a permit. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The District’s permit application processing fees are as follows:

(1) Environmental resource permit applications and related determinations under Chapter 62-330, F.A.C.

(a) Processing fees required by the District for activities regulated under Chapter 62-330, F.A.C., are listed below. The term “N/A” means the requested activity determination is not currently available from the District and is only available from the Department of Environmental Protection.

FEE CATEGORY	FEE AMOUNT
1. Activities qualifying for an electronic self-certification:
a. Self-certifications in accordance with Section 403.814(12), F.S.			N/A
b. Self-certifications for activities other than those under Section 403.814(12), F.S.			N/A
2. Determination of qualification for an activity exemption:
a. Under Rules 62-330.050 and 62-330.051, F.A.C.			$100
b. Under Rule 62-330.0511, F.A.C.			$0
3. Determination of Qualification to use a General Permit.			$250
4. Individual or Conceptual Approval Permits excluding permits for a mitigation bank:
a. New applications. The processing fee for a new permit application shall be as determined from the categories below.
(I) Total project area of less than 10 acres and no works in on or over wetlands or other surface waters
except where exempt under paragraphs 62-330.051(9)(a) through (c), F.A.C.			$364
(II) Total project area of less than 10 acres that does not meet 4.a.(I) above but that involves less than 1
acre of works in, on or over wetlands and other surface waters, AND less than 10 new boat slips.			$2,912
(III) Project exceeds any of the thresholds in 4.a.(II) above but involves a total project area of less than 40
acres less than 3 acres of works in on or over wetlands and other surface waters AND less than 30 new
boat slips.			$3,322
(IV) Project exceeds any of the thresholds in 4.a.(III) above but involves a total project area of less than
100 acres less than 10 acres of works in on or over wetlands and other surface waters AND less than
50 new boat slips.			$3,731
(V) Project exceeds any of the thresholds in 4.a.(IV) above but involves a total project area of less than
640 acres, AND less than 50 acres of works in, on or over wetlands and other surface waters.			$4,141
(VI) Project exceeds any of the thresholds in 4.a.(V) above.			$4,550
(VII) Project exclusively for agricultural or silvicultural purposes and involving a total project area of less
than 10 acres AND less than 1 acre of works (i.e. dredging filling construction or alteration) in on or
over wetlands and other surface waters.			$2,912
(VIII) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in
4.a.(VII), above, but involving a total project area of less than 40 acres AND less than 3 acres of works in, on or
over wetlands and other surface waters.			$3,322
(IX) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in
4.a.(VIII), above, but involving a total project area of less than 100 acres AND less than 10 acres of works
in, on or over wetlands and other surface waters.			$3,731
(X) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in
4.a.(IX), above, but involving a total project area of less than 640 acres AND less than 50 acres of works in,
on or over wetlands and other surface waters.			$4,141
(XI) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in
4.a.(X), above.			$4,550
(XII) Individual or conceptual approval permit solely for environmental restoration or enhancement
activities, provided such activities are not associated with a mitigation bank and are not being implemented
as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. For the purposes of
this provision, the term “environmental restoration or enhancement” means an action or actions designed and
implemented solely to convert degraded or altered uplands, wetlands, or other surface waters to intact
communities typical of those historically present, or to improve the quality and condition of currently degraded		Based on
wetlands or other surface waters to a more healthy, functional, and sustaining condition for first, wildlife, and		aforementioned
and sustaining condition for fish, wildlife, and listed species.		thresholds
(XIII) Individual or conceptual approval permit solely to retrofit an existing stormwater management		Based on
management system or systems.		aforementioned
		thresholds
(b) Major Modifications exceeding any of the thresholds in subsection 62-330.315(3) F.A.C.:
(I) Major modification to an individual permit that is consistent with and existing conceptual approval		50% of the fee
permit.		prescribed
		under 4.a.
		above
(II) Major modification to an Individual or Conceptual Approval Permit that increase the project area.		50% of the fee
		prescribed
		under 4.a.
		above
(III) All other major modifications.		50% of the fee
		prescribed
		under 4.a.
		above
5. Individual or Conceptual Permits for a Mitigation Bank
a. New application for a mitigation bank with a permit area of:
(I) Less than 100 acres		$3,632
(II) At least 100 acres but less than 640 acres		$3,632
(III) 640 acres or more		$3,632
b. Major modification exceeding any of the thresholds in subsection 62-330.315(3), F.A.C.:
(I) Affecting one of the following: service area credit assessment success or release criteria hydrologic
structures or alterations elimination of lands monitoring or management plans or construction or mitigation
design that does not increase the project area		$1,816
(II) Affecting two of the components in 5.b.(I) above.		$1,816
(III) Affecting three of the components in 5.b.(I) above.		$1,816
(IV) All other major modifications.		$1,816
c. Mitigation bank credit release.		$0
d. Mitigation bank credit withdrawal.		$0
6. Minor Modification of an individual or conceptual approval permit including a permit for a mitigation
bank, that does not exceed any of the thresholds in subsection 62 330.315(3), F.A.C.
a. Extension of permit duration, where not exempted from fees under Florida statutes.		$0
b. To correct minor errors that do not involve technical review.		$0
c. To transfer a permit to a new owner/permittee or to transfer a permit to an operation and maintenance
entity.		$0
d. All other minor modifications.		$0
7. Variance or Waiver.
a. Under Section 120.542, F.S.		$0
b. Under Section 373.414(17), F.S.		$0
8. Fee Reductions.
a. Application for an individual or conceptual approval permit or modification thereof submitted using
the District’s electronic application system where the processing fee in (a)4. or 5. above exceeds $250.		25% reduction
b. Application for any activity by an entity qualifying under Section 218.075, F.S., when the fee under
paragraph (a) exceeds $100.		$100
c. Applications for any activity when submitted by the U.S. Department of Defense.		$0
9. Determination of the Landward Extent of Wetlands and Other Surface Waters.
a. Informal Determination. Fee shall be based on the acreage of the entire property for which the request
applies, as follows:
(I) Total area to be included in the determination is up to 1 acre.		$353
(II) Additional fee per acre (or portion thereof) beyond the first 1 acre, total fee not to exceed $500.		$20
b. Petition for formal determination. Fee shall be based on the acreage of the entire property for which
the petition is filed, as follows:
(I) Total area to be included in the determination is less than 10 acres.		$777
(II) Total area to be included in the determination is at least 10, but less than 40 acres.		$1,060
(III) Total area to be included in the determination is at least 40, but no more than 100 acres.		$2,119
(IV) Additional fee per 100 acres (or portion thereof) that exceeds the first 100 acres.		$283
c. Reissuance of a formal determination.		$353

(2) Application fees for proprietary authorization under Chapters 253 and 258, F.S., are in accordance with the fee schedule provided in Chapter 18-21, F.A.C.

(3) For projects grandfathered pursuant to Section 373.414 or 373.4131, F.S., the conceptual, individual or general surface water management or environmental resource permit application fee shall be the same as the conceptual, individual or general ERP application fees listed in subsection (1) above.

(4) For projects grandfathered pursuant to Section 373.414, F.S., the wetland resource (dredge and fill) permit application fee shall be as set forth in paragraphs 40D-1.607(5)(a)-(g), F.A.C., as it existed on December 29, 2011:

(5) Water use permit application fees shall be as follows:

(a) Chapter 40D-2, F.A.C., new individual permit no greater than 10 years.	$1,000
(b) Chapter 40D-2, F.A.C., new individual permit no greater than 20 years.	$2,000
(c) Chapter 40D-2, F.A.C., renewal individual permit no greater than 10 years.	$750
(d) Chapter 40D-2, F.A.C., renewal individual permit no greater than 20 years.	$1,500
(e) Chapter 40D-2, F.A.C., individual permit modification.	$300
(f) Chapter 40D-2, F.A.C., individual permit temporary.	$200
(g) Chapter 40D-2, F.A.C., new general permit no greater than 10 years.	$250
(h) Chapter 40D-2, F.A.C., new general permit no greater than 20 years.	$500
(i) Chapter 40D-2, F.A.C., renewal general permit greater than 10 years.	$185
(j) Chapter 40D-2, F.A.C., renewal general permit no greater than 20 years.	$370
(k) Chapter 40D-2, F.A.C., general permit modification.	$75
(l) Chapter 40D-2, F.A.C., general permit temporary.	$50
(m) Chapter 40D-2, F.A.C., new Small General Permit no greater than 10 years.	$50
(n) Chapter 40D-2, F.A.C., new Small General Permit no greater than 20 years.	$100
(o) Chapter 40D-2, F.A.C., renewal Small General Permit no greater than 10 years.	$35
(p) Chapter 40D-2, F.A.C., renewal Small General Permit no greater than 20 years.	$70
(q) Chapter 40D-2, F.A.C., Small General Permit modification.	$15

(r) Chapter 40D-2, F.A.C., permit fees for those new and renewal permits and modifications to permits that are issued for a duration greater than 20 years shall be equal to the ratio of the number of years granted to 20 years multiplied by the corresponding 20 year permit fee specified above.

(s) For those public supply utilities which are solely wholesale customers of water supplied by another entity and are required to obtain a permit for such activities pursuant to Chapter 40D-2, F.A.C., permit fees shall be one-half of the applicable fee provided in paragraphs (a) through (r) above.

(6) The following types of applications are exempt from the fees identified in subsection (5):

(a) PERMIT MODIFICATIONS USING MODIFICATION SHORT FORM: Applications for permit modifications using the Modification Short Form authorized pursuant to paragraph 40D-2.331(2)(b), F.A.C.

(b) RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months, provided the same type of application with substantially similar quantities is resubmitted.

(6)(7) Permit application fees for water well construction or repair shall be as follows:

(a) Chapter 40D-3, F.A.C., non-public supply water wells.	$50
(b) Chapter 40D-3, F.A.C., public supply water wells or other wells constructed to public supply standards.	$130
(c) Chapter 40D-3, F.A.C., non-public supply potable water wells in Chapter 62-524, F.A.C., delineated areas.	$100
(d) Chapter 40D-3, F.A.C., public supply water wells in Chapter 62-524, F.A.C., delineated areas.	$500

(7)(8) The following type of application is exempt from the fees identified in subsection (7): ABANDONMENT PERMIT APPLICATIONS: Applications for permits to abandon water wells.

(8)(9) Chapter 40D-40, F.A.C., general site conditions assessment permit:

(a) Within a contiguous project area of 100 acres or moreand/or with more than one acre of wetlands on
site, basic fee.	$1,715
(b) Within a contiguous project area of less than 100 acres and with 1 acre or less of wetlands on site basic
fee.	$1,098

(c) Application for formal modification of an existing site conditions assessment permit by adjustment, expansion, transfer, extension, or conversion to Chapter 40D-4 or 40D-40, F.A.C., construction and operation permit:

1. For adjustment, expansion, transfer or extension of contiguous project area and permitting of the same or additional site condition boundaries, one-half the basic fee applicable to a new application;

2. Modification to convert to Chapter 40D-4 or 40D-40, F.A.C., construction permit:

a. When the construction permit applicant is the original permittee for a valid site conditions assessment permit, the processing fee amount due shall be the full application fee for a Chapter 40D-4, F.A.C., individual construction permit or a Chapter 40D-40, F.A.C., general construction permit, as applicable; if a construction permit is issued, a credit equal to the basic fee amount paid in connection with the site conditions assessment permit shall be reimbursed after submittal of the project Statement of Completion and as-built information by the original permittee, and operation approval by the District.

b. When the construction permit applicant is not the original permittee, and the applicant has a valid site conditions assessment permit that was transferred, the processing fee amount due shall be the full application fee for a Chapter 40D-4, F.A.C., individual construction permit or a Chapter 40D-40, F.A.C., general construction permit, as applicable; but the permit application processing fee credit in sub-subparagraph 2.a. shall not apply.

(9)(10) The District will use the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), all items, compiled by the United States Department of Labor for revising fees under Part IV of Chapter 373, F.S., pursuant to Section 373.109, F.S.

(10)  Fee Exemptions.

(a)  The following types of applications are exempt from the fees identifed in subsection (5):

1. PERMIT MODIFICATIONS USING MODIFICATION SHORT FORM: Applications for permit modifications using the Modification Short Form authorized pursuant to paragraph 40D-2.331(2)(b), F.A.C.  

2.  RESUBMITTALS:  Any resubmittal of an application that was denied or withdrawn within the preceding twelve months, or upon the conclusion of any administrative or judicial process to challenge a denial, provided the same type of application with substantially similar quantities is resubmitted.

(b)  The following type of application is exempt from the fees identified in subsection (6):

1. ABANDONMENT PERMIT APPLICATIONS:  Applications for permits to abandon water wells.

2. RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months or upon the conclusion of any administrative or judicial process to challenge a denial.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2) FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00, 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08, 12-30-08, 12-7-09, 6-30-10, 9-5-10, 12-29-11, 10-1-13,_________.

 

40D-1.608 Permit Fee Reduction for Certain Counties, Municipalities and Other Authorized Entities.

(1) A permit applicant requesting a permit fee reduction pursuant to Section 218.075, F.S., shall submit, at the time of application for a permit, documentation that the population requirements of the statute have been met and:

(a) Certification by the governing body of an entity authorized to request a fee reduction, as required by Section 218.075, F.S., that the cost of a permit processing fee constitutes a fiscal hardship; or,

(b) Documentation demonstrating the environmental need for the proposed project or activity.

(2) The submission of a certification pursuant to Section 218.075, F.S., and this section shall be a factor in determining whether the permit applicant can provide reasonable assurance of conditions of issuance for an environmental resource permit with required mitigation.

(3)  A request for a permit fee reduction pursuant to Section 218.075, F.S., and this Rule must be signed by an officer or employee authorized to act on behalf of the governing body of the county, municipality, or other authorized entity requesting the fee reduction. Documentation of such authorization shall be submitted with the permit fee reduction request.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 218.075 FS. History–New 12-22-94, Amended 10-19-95, 3-31-96, 6-5-05, 5-20-13,__________.

 

40D-1.659 Forms and Instructions.

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.WaterMatters.org.

(1) through (3)(d) No change.

(e) PETITION FOR VARIANCE OR WAIVER, FORM NO LEG-R.42.00-058 (**/**/**09/28/10), incorporated by reference in subsections 40D-1.1002(1) and 40D-22.303, F.A.C.

(f) through (3)(g) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented 373.083, 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.705, 373.707, 668.50 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05(1) and (2), 10-19-05(5), 10-19-05(20), 2-6-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09, 1-27-10, 4-12-10, 4-27-10, 9-5-10, 9-12-10, 12-7-10, 1-16-11, 6-16-11, 12-12-11, 12-29-11, 2-9-12, 10-14-12, 2-13-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Laura Donaldson

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 7, 2013