The purpose of this rulemaking is to amend Rule 40D-2.331, F.A.C. and the associated Water Use Permit Letter Modification Short Form (Form No. LEG-R.035.00 (3/09)) to allow for the use of the form to modify permits associated with the District’s ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.:RULE TITLE:
40D-2.331Modification of Permits
PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Rule 40D-2.331, F.A.C., and the associated Water Use Permit Letter Modification Short Form (Form No. LEG-R.035.00 (3/09)) to allow for the use of the form to modify permits associated with the District’s Facilitating Agricultural Resource Management Systems (FARMS) program projects funded pursuant to Chapter 40D-26, F.A.C. Standby quantities created as a result of a project will not be reduced as long as the permittee operates the project and the conditions of issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C. are met. The Modification Short Form is amended to allow a permittee to modify its permit to include or remove a FARMS project and to request an extension.
SUMMARY: Modification of Permits.
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: 373.044, 373.113, 373.149, 373.171, 373.216,  373.249 FS.
LAW IMPLEMENTED: 373.079(4)(a), 373.083(5), 373.171, 373.239 FS.
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: Sonya White, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2013006)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.331 Modification of Permits.

(1) No change.

(2) Modifications may be requested by:

(a) Formal application, using the same individual, general or small general WUP Application

Form and applicable Supplemental or Attachment Form(s) submitted for a new permit as are

incorporated in subsection 40D-2.101(2), F.A.C., or

(b) Through use of a Modification Short Form, Form No. LEG-R.035.00 (____ /13 3/09),

incorporated herein by reference and available at any District office or through the District’s

website at www.WaterMatters.org. A Modification Short Form may be submitted, provided the

annual average daily withdrawal will not increase by more than 100,000 gpd or more than 10%

of the total permitted quantity, the use of the water will not change, the modification does not

cause the total annual average daily quantity to equal or exceed 500,000 gpd, the proposed

changes would not cause impacts beyond those considered in the initial permit and is not a

request to extend a permit term. Within the SWUCA, except to reactivate standby quantities as

provided in Section 1.12 of the WUP Basis of Review, a modification short form shall not be

used for modifications that include a request to Self-Relocate or to increase water withdrawals

that impact or are projected to impact a water body with an established Minimum Flow or Level.

A Modification Short Form may be submitted to modify the permit to include or remove a project

funded pursuant to Chapter 40D-26, F.A.C., and, if requested by permittee, extend the term of

the permit for twenty years. The District shall not reduce permitted quantities conserved by the

project funded pursuant to Chapter 40D-26, F.A.C., as long as the permittee operates the project

and the conditions for issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C.,

are met.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law

Implemented 373.079(4)(a), 373.083(5), 373.171, 373.239 FS. History–Readopted 10-5-74,

Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, 11-2-09,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Laura J. Donaldson
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 18, 2013