The St. Johns River Water Management District (SJRWMD) is proposing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase ...

 

WATER MANAGEMENT DISTRICT

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-1.1011Submitting Notice of Intent for Consumptive use Permits Under Rule 40C-20.042, F.A.C.

40C-1.1012Submitting Notice of Intent for Consumptive use Permits Under Rule 40C-22, F.A.C.

40C-1.603Permit Fees

PURPOSE AND EFFECT: The St. Johns River Water Management District (SJRWMD) is proposing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP) programs (referred to as “CUPcon”). These proposed rules will make appropriate rule amendments to SJRWMD’s Chapters 40C-1 and 40C-2, F.A.C., and the Applicant’s Handbook: Consumptive Uses of Water (A.H.), to address the following goals of DEP and the WMDs for this CUPcon rulemaking: (1) making the CUP rules less confusing for applicants; (2) treating applicants equitably statewide; (3) providing consistent protection of the environment; (4) streamlining the application and permitting process; and (5) incentivizing behavior that protects water resources, including water conservation. Additional information about the statewide CUP consistency initiative is available at DEP’s website at: www.dep.state.fl.us/water/waterpolicy/cupcon.htm. SJRWMD is also proposing to create new exemptions and general permits by rule and to repeal Chapters 40C-20, and 40C-22, F.A.C.

SUMMARY: The proposed amendments will: (1) repeal rules 40C-1.1011 and 40C-1.1012, because the general permits authorized under Rule 40C-20.042 and Chapter 40C-22, F.A.C., will be converted into exemptions, general permits by rule, or streamlined individual permits in related rulemaking, and Chapters 40C-20 and 40C-22 will be repealed; and (2) conform and update the permit fees rule (40C-1.603) to reflect the changes in related CUPcon rulemaking in Chapter 40C-2, F.A.C., in a manner that will not increase the regulatory burden.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS:  The District has determined that this rule will not have an impact on small business and will not increase regulatory costs in excess of $200,000 within one year.  A SERC has not been prepared by the agency.

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?” forms and summaries and the analyses 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 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: 373.044, 373.109, 373.113 FS.

LAW IMPLEMENTED: 373.109, 373.116, 373.118, 373.229 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Following the regularly scheduled Governing Board Meeting on June 10, 2014, which begins immediately following the Regulatory Committee Meeting that begins at 10:00 a.m.

PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-1.1011 Submitting Notice of Intent for Consumptive Use Permits Under Rule 40C-20.042, F.A.C.

(1) At least 30 days prior to the anticipated commencement of water use requiring a permit under Rule 40C-20.042, F.A.C., the applicant shall file a Notice of Intent to Use Water Pursuant to General Permit with the District.

(2) The Notice shall include the information requested on District form 40C-2-1082-1 Individual and Standard General Consumptive Use Permit Application, which is hereby incorporated by reference.

Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.116, 373.118, 373.229 FS. History–New 7-23-91, Amended 4-25-96, Formerly 40C-20.112, Amended 8-4-98, Repealed__________.

 

40C-1.1012 Submitting Notice of Intent for Consumptive Use Permits Under Chapter 40C-22, F.A.C.

(1) Any person seeking to conduct a consumptive use pursuant to a noticed general permit under Chapter 40C-22, F.A.C., shall provide notice to the District by submitting a complete Notice of Intent to Use Noticed General Permit with the District on the appropriate application form including the application fee required in Rule 40C-1.603, F.A.C., at least 30 days prior to commencing the consumptive use qualifying for a noticed general permit. For the purposes of this subsection, the application form is only considered submitted when the District actually receives it.

(2) If the District notifies the applicant that the proposed consumptive use does not qualify for the noticed general permit due to an error or omission in the notice, the applicant shall have 60 days from the date of the notification to amend the notice and submit additional information to correct such error or omission. If the applicant amends the notice and submits additional information correcting the error or omission within the 60 day time limit, no additional application fee shall be required. If the District does not mail a notice informing the applicant that the withdrawal does not qualify for this noticed general permit within 30 days of receipt of the original notice to use this general permit, or amended notice to use this noticed general permit if an amended notice is submitted, the applicant may conduct the consumptive use authorized by the noticed general permit.

Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.116, 373.118, 373.229 FS. History–New 4-25-96, Formerly 40C-22.010, Amended 8-4-98, Repealed__________.

 

40C-1.603 Permit Fees.

A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules or permit programs delegated to the District. Effective October 1, 1990, governmental entities shall be required to submit the fees established except as provided in subsections (17)(19) or (18)(20). This fee recovers some of the District’s costs of processing applications. The fee schedule is:

(1) Chapter 40C-2, F.A.C., consumptive use permits:

(a) Applications for individual consumptive use permits.

1.(a) Individual consumptive use permits gGreater than or equal to 500 thousand gallons

of water per day is requested$1,000

2. Individual consumptive use permits less than 500 thousand gallons of water per day is requested$400

3. Minor individual consumptive use permits less than 100 thousand gallons of water per

day is requested$100

4. Individual consumptive use permits where the use does not exceed the thresholds in

subsection 40C-2.041(1), F.A.C.$50

(b) Modifications of individual consumptive use permits. The fee for modification of an existing permit shall be based upon any requested increase in the existing water allocation and shall be as established in paragraphs (1)(a) and (2)(b)-(e). The fee for modification of an existing permit not involving a requested increase in the existing allocation shall be as follows:

1. Individual consumptive use permits where the total allocation (existing plus any proposed

increase) is greater than or equal to 500 thousand gallons of water per day is requested When the

existing permit is for 100 thousand gallons of water per day or less,the fee for a modification shall be$2100

2. Individual consumptive use permits where the total allocation (existing plus any proposed

increase) is less than 500 thousand gallons of water per day is requested When the existing

permit is for greater than 100 thousand gallons of water per day but less than or equal to

500 thousand gallons per day, the fee for a modification shall be$1200

3. Minor individual consumptive use permits where the total allocation (existing plus any

proposed increase) is less than 100 thousand gallons of water per day is requested When the

existing permit is for greater than 500 thousand gallons per day, the fee for modification shall be$2050

4. Individual consumptive use permit where the use does not exceed the thresholds in

subsection 40C-2.041(1), F.A.C.$25

5.(c) No fee will be charged for modification of an existing permit applied for by letter pursuant

to Rule 40C-2.331, F.A.C., regardless of withdrawal amount.

(2) Chapter 40C-20, F.A.C., standard general water use permits:

(a) Withdrawals not exceeding a threshold in Rule 40C-2.041, F.A.C.$50

(b) Withdrawals within the Delineated Area as set forth in Section 7.1.7.7,

Applicant’s Handbook, Consumptive Uses of Water, from wells with outside casing

diameters between five and six inches$50

(c) Withdrawals requiring an individual consumptive use permit pursuant to

paragraph 40C-2.041(1)(f), F.A.C., only$50

(d) Withdrawals exceeding a threshold in Rule 40C-2.041, F.A.C., involving a

request of less than or equal to 100 thousand gallons of water per day$200

(e) Withdrawals exceeding a threshold in Rule 40C-2.041, F.A.C., involving a request

of greater than 100 thousand gallons of water per day but less than or equal to 500

thousand gallons per day$400

(f) The fee for modification of an existing permit shall be based upon any requested increase in the existing water allocation and shall be as established in paragraphs (2)(a)-(e). The fee for modification of an existing permit not involving a requested increase in the existing allocation shall be as follows:

1. When the existing permit is for a withdrawal exceeding a threshold in Rule

40C-2.041, F.A.C., involving 100 thousand gallons of water per day or less,

the fee for a modification shall be:$100

2. When the existing permit is for a withdrawal exceeding a threshold in Rule

40C-2.041, F.A.C., involving greater than 100 thousand gallons of water per

day but less than or equal to 500 thousand gallons per day, the fee for a

modification shall be:$200

(g) No fee will be charged for modification of an existing permit applied for by letter pursuant

to Rule 40C-2.331, F.A.C., regardless of withdrawal amount.

(3) Chapter 40C-22, F.A.C., noticed general permits:

(a) Noticed General Permit for Short-term Construction Dewatering$100

(b) Noticed General Permit for Fire Protection Purposes $50

(2)(4) No change.

(3)(5) Chapter 62-330, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

(a) New applications (excluding projects described in paragraphs (3)(5)(b) and (3)(5)(c) below) – based on the categories below:

1. through 2. No change.

3. Project exceeds any of the thresholds in subparagraph (3)(5)(a)2. above, but involves a total project a

rea of less than 40 acres, less than 3 acres of works in, on, or over wetlands and other surface

waters, and less than 30 new boat slips $2,110

4. Project exceeds any of the thresholds in subparagraph (3)(5)(a)3. above, but involves a total project

area of less than 100 acres, less than 10 acres of works in, on, or over wetlands and other surface

waters, and less than 50 new boat slips               $5,610

5. Project exceeds any of the thresholds in subparagraph (3)(5)(a)4. above, but involves a total project

area of less than 640 acres, and less than 50 acres of works in, on, or over wetlands and other

surface waters$9,120

6. Project exceeds any of the thresholds in subparagraph (3)(5)(a)5. above$11,220

(b) through (e) No change.

(4)(6) Mitigation Bank permits and conceptual approvals$11,960

(a) No change.

(b) Other major modifications that do not qualify for a modification under paragraph (4)(6)(a)

above or paragraph (4)(6)(c) below$4,230

(c) No change.

(7) through (20) renumbered (5) through (18) No change.

Rulemaking Authority 373.044, 373.109, 373.113, 373.421(2) FS. Law Implemented 218.075, 373.109, 373.421(2) FS. History–New 10-1-87, Amended 6-1-88, 10-17-88, Formerly 40C-1.202, Amended 8-1-89, 10-19-89, 8-19-90, 7-21-91, 7-23-91, 8-11-91, 9-25-91, 11-12-91, 10-20-92, 11-30-92, 1-6-93, 12-6-93, 1-23-94, 4-12-95, 1-4-96, 4-25-96, 10-2-96, 10-11-01, 4-10-02, 11-11-03, 2-1-05, 2-16-10,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Thomas I. Mayton, Jr., Sr. Assistant General Counsel, 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:  April 8, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  July 20, 2012

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