The purpose and effect will be to incorporate an Amended Interagency Agreement between St. Johns River Water Management District and Florida Department of Environmental Protection Concerning Applications for Projects Involving the Construction and ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-3.035Agreements

PURPOSE AND EFFECT: The purpose and effect will be to incorporate an Amended Interagency Agreement between St. Johns River Water Management District and Florida Department of Environmental Protection Concerning Applications for Projects Involving the Construction and Operation of Underground Injection of Water Facilities into Rule 40C-3.035, Florida Administrative Code.

SUMMARY: This amendment would incorporate an Amended Interagency Agreement between St. Johns River Water Management District and Florida Department of Environmental Protection Concerning Applications for Projects Involving the Construction and Operation of Underground Injection of Water Facilities into Rule 40C-3.035, F.A.C.. This Amended Agreement updates an existing Interagency Agreement between the two agencies, which is currently incorporated into Rule 40C-5.011, F.A.C. Chapter 40C-5, F.A.C. is proposed for repeal as a result of the July 2015 rule review performed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) because those rules were determined to be obsolete, unnecessary, or redundant. The Interagency Agreement, however, is necessary to avoid duplication of effort and permitting requirements related to applications for projects involving the construction and operation of underground injection of water facilities.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171 FS.

LAW IMPLEMENTED: 373.046, 373.083, 373.106, 373.109, 373.308, 373.309 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 48 hours before the workshop/meeting by contacting: District Clerk, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen Ferguson, Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-3.035 Agreements

The Governing Board hereby incorporates by reference the following documents:

(1) through (17) No change.

(18) An Amended Interagency Agreement between St. Johns River Water Management District and Florida Department of Environmental Protection Concerning Applications for Projects Involving the Construction and Operation of Underground Injection of Water Facilities dated effective date, https://www.flrules.org/Gateway/reference.asp?No=Ref-06236.

(19) (18) Copies of these documents are available from:

Office of General Counsel District Rules Coordinator

St. Johns River Water Management District

4049 Reid Street

Palatka, Florida 32177-2529

[phone] 326-3026

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.046, 373.083, 373.106, 373.109, 373.308, 373.309 FS. History–New 10-14-84, Amended 12-5-85, Formerly 40C-3.035, 40C-3.0035, Amended 1-8-96, 4-21-96, 7-21-96, 12-22-96, 3-10-97, 1-3-00, 9-6-01, 6-25-02, 7-25-02, 1-11-06, 5-18-06, 5-24-07, 5-20-08, 1-5-12, 11-12-13,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen Ferguson, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 24, 2015