Policy and Purpose, Scope of Part I, Definitions, Basin and Sub-Basin Boundaries, Works of the District within the Lake Okeechobee Basin, Implementation, Permits Required, General Permits for Use of Works of the District Within the Lake Okeechobee ...  

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    WATER MANAGEMENT DISTRICTS

    South Florida Water Management District

    Notice of Extension under Section 120.74(5), Florida Statutes

    RULE NO.:RULE TITLE:

    40E-61.011Policy and Purpose

    40E-61.020Scope of Part I

    40E-61.021Definitions

    40E-61.023Basin and Sub-Basin Boundaries

    40E-61.024Works of the District within the Lake Okeechobee Basin

    40E-61.031Implementation

    40E-61.041Permits Required

    40E-61.042General Permits for Use of Works of the District Within the Lake Okeechobee Basin

    40E-61.051Exemptions

    40E-61.101Content of Application for Individual and Collective Permits

    40E-61.201Permit Application Processing Fee

    40E-61.301Conditions for Issuance for Individual and Collective Permits

    40E-61.321Duration of Permits

    40E-61.331Modification

    40E-61.351Transfer

    40E-61.381Limiting Conditions

    The South Florida Water Management District (District) hereby provides notice of extension of the deadline set forth in subsection 120.74(5), Fla. Stat., requiring publication of a Notice of Proposed Rule by April 1 for the above rules listed on the District’s 2018/2019 Regulatory Plan.

    1.       Concise statement identifying issues causing the delay in rulemaking: The District included in its 2018/2019 Regulatory Plan, rules from Chapter 40E-61, Fla. Admin. Code, pertaining to Works of the District Basins. These rules are needed to implement the 2016 Water Bill codified in Section 373.4595, Fla. Stat. The 2016 Water Bill directs the District and the Florida Department of Environmental Protection (FDEP) to provide a water quality monitoring program for nonpoint dischargers not implementing Best Management Practices in the Northern Everglades Watersheds. The water quality monitoring program in Chapter 40E-61, Fla. Admin. Code, must be consistent with Section 403.067, Fla. Stat., and FDEP’s statewide rule. Since FDEP has adopted its statewide rule, the District needs additional time to consider how FDEP’s rule will affect amendments to Chapter 40E-61, Fla. Admin. Code.

    2.       Applicable notice as published in the Florida Administrative Register: A Notice of Rule Development was published on November 1, 2016 (Vol. 42/No. 213). Two Notices of Extension were published on March 24, 2017 (Vol. 43/No. 58), and March 23, 2018 (Vol. 44/No. 58).

    3.       Expiration: Pursuant to subsection 120.74(5), Fla. Stat., this extension expires on October 1, 2019.