The overall purpose is to update existing rules for consistency with Florida Statutes and deleting obsolete rules.

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NOS.:              RULE TITLES:

40A-6.041               Permit Required             

40A-6.201               Permit Processing Fee

40A-6.301               Conditions for Issuance of Permits

40A-6.451               Emergency Authorization

PURPOSE AND EFFECT: The overall purpose is to update existing rules for consistency with Florida Statutes and deleting obsolete rules.

SUMMARY: This rule development will cover updating existing rules for consistency with Florida Statutes and deleting obsolete rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The District has determined that this rule will not have an adverse impact on small business or 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 District.

The District 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: Upon review of the proposed changes to the rule, the District has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

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

RULEMAKING AUTHORITY (formerly “Specific Authority”): 373.044, 373.103(4), 373.113, 373.171, 373.418, F.S.

LAW IMPLEMENTED: 373.084, 373.085, 373.085(1), 373.086, 373.103(4), 373.109, 373.119, 373.413, 373.416, 373.426, 373.439, F.S.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Selina Potter, Bureau Chief, Northwest Florida Water Management District, Bureau of Groundwater Regulation, 152 Water Management Drive, Havana, FL 32333, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40A-6.041 Permit Required.

(1) Unless expressly exempted by these rules or by the statutes, a permit shall be required to connect to, withdraw water from, discharge water into, place construction within or across, or otherwise make use of a work of the District, or to remove any facility or otherwise terminate such activity.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.084, 373.085, 373.086, 373.219, 373.413, 373.416, 373.426 FS. History–New 4-14-80, Amended 2-1-82,                , Formerly 16G-6.04.

 

40A-6.201 Permit Processing Fee.

The processing fee for a Works of the District application will be determined by the actual costs of processing the application, with a minimum cost of $250 for an individual permit. However, in no case shall the fee exceed $2,000.00. A binder fee of $1,000.00 shall be filed with the District at the time the application is submitted. Excess funds above the actual costs, but less than the $1,000.00 binder fee, shall be refunded by the District at the time the Works of the District permit is issued. Processing costs in excess of the binder fee, up to a total amount of $2,000.00, shall be reimbursed by the applicant prior to the issuance of the permit.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.109 FS. History–New 4-14-80, Formerly 16G-6.10, Amended 8-1-89, 1-1-90,                .

 

40A-6.301 Conditions for Issuance of Permits.

(1) through (4) no change.

(5) Favorable action upon a permit application by the Governing Board will result in granting of a permit to connect to, withdraw water from, discharge water into, place construction within or across or otherwise make use of a work of the District, or to remove or terminate such activity.

(6) Permit is not granted because:

(a) Design is not consistent with generally accepted engineering principles.

(b) The activity authorized by the permit is considered not to be consistent with the provisions of Chapter 373, F.S.

Rulemaking Authority 373.044, 373.103(4), 373.113, 373.171, 373.418 FS. Law Implemented 373.084, 373.103(4), 373.085, 373.413, 373.416, 373.426 FS. History–New 4-14-80, Amended 2-1-82,                , Formerly 16G-6.30.

 

40A-6.451 Emergency Authorization.

(1) A letter of authorization from the Executive Director, with the concurrence of the Governing Board, for emergency use of the works of the District may be obtained prior to issuance of a permit if the delay of normal procedures would cause extreme hardship or endanger lives or property.

(2) A An application for a permit shall be submitted within fourteen (14) days following the receipt of the emergency authorization and a completion report shall be filed in accordance with Rule 40A-6.411, F.A.C., above.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.119, 373.439 FS. History–New 4-14-80, Amended               , Formerly 16G-6.45.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Selina Potter, Bureau Chief, Bureau of Groundwater Regulation

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2017