The purpose of the proposed rule amendment is to incorporate the renewal of the District's existing well construction permitting program delegation agreement with Sarasota Counties into Rule 40D-1.002, F.A.C. The effect of the proposed rule ...

Southwest Florida Water Management District

RULE CHAPTER NO.: RULE CHAPTER TITLE:

40D-1 Procedural

RULE NO.: RULE TITLE:

40D-1.002 Delegation of Authority

PURPOSE AND EFFECT:  The purpose of the proposed rule amendment is to incorporate the renewal of the District's existing well construction permitting program delegation agreement with Sarasota Counties into Rule 40D-1.002, F.A.C.  The effect of the proposed rule amendment will be to extend the existing delegation of the well construction permitting program to Sarasota County for an additional term of five years.

SUMMARY:  The proposed rule amendment adopts renewals of the District’s existing well construction permitting program delegation agreement with Sarasota County.  The agreement describes the scope of the delegated authority and the conditions and standards under which the county must operate the program, and extend the delegation for five years.  Significant issues addressed in the delegation agreement include the implementation by the county of on-line permitting and expansion of construction inspection programs.  The District retains authority to approve well construction permit fees charged by the county.  Other provisions of the agreement are consistent with previous agreements.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: A Statement of Estimated Regulatory Cost is not being prepared based on the District’s determination that the proposed revisions to Rule 40D-1.002, F.A.C., will not result in a substantial increase in the costs to affected parties and there will not be significant adverse effects on competition, employment, investment or productivity.  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. 

SPECIFIC AUTHORITY: 373.044 FS., 373.103 FS., 373.113 FS., 373.118 FS., 373.219 FS., 373.309 FS.

LAW IMPLEMENTED: 253.002 FS., 373.103 FS., 373.149 FS., 373.219 FS., 373.223 FS., 373.224 FS., 373.226 FS., 373.308 FS., 373.309 FS., 373.427 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Margaret M. Craig, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651.

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-1.002  Delegation of Authority

(1) and (2) No change.

(3) The Governing Board hereby incorporates by reference the following documents:

(a) No change.

(b) “Third Amendment to Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Sarasota County Health Department” effective dated May 24, 2005 July 23, 2002.

Specific Authority 373.044 FS., 373.103 FS., 373.113 FS., 373.118 FS., 373.219 FS., 373.309 FS. Law Implemented 253.002 FS., 373.103 FS., 373.149 FS., 373.219 FS., 373.223 FS., 373.224 FS., 373.226 FS., 373.308 FS., 373.309 FS., 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, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Margaret M. Craig, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651.

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the Southwest Florida Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 26, 2005.

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 19, 2005.

The District does not discriminate on the basis of disability.  Anyone requiring reasonable accommodation should contact Dianne Lee at [phone], ext. 4658; TDD only: 1(800)231-6103.