The purpose of the amendments is to clarify existing language , stream line the rule and correct outdated sections. The effect of the rule changes will be a more correct Rule without incrteasing the costs or regulatory burdens on either the ...

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NOS.:RULE TITLES:

40A-6.011Policy and Purpose

40A-6.101Content of Application

40A-6.321Duration of Permits

40A-6.331Revocation and Modification of Permits

40A-6.351Transfer of Permits

40A-6.481Remedial and Emergency Measures

PURPOSE AND EFFECT: The purpose of the amendments is to clarify existing language, stream line the rule and correct outdated sections. The effect of the rule changes will be a more correct rule without increasing the costs or regulatory burdens on either the District or the regulated public.

SUMMARY: The rule amendment eliminates the use of the word may and other language that is not necessary for implementation of the rule. It also updates references to deleted sections and updates the permit transfer process. The Application form is changed to require only a copy and is properly incorporated into the rule.

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.

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, 373.117, 373.171, 373.418 FS.

LAW IMPLEMENTED: 373.084, 373.085, 373.087, 373.0103, 373.413, 373.416, 373.426, 373.426, 373.429, 373.436, 373.439 FS.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 72 hours before the workshop/meeting by contacting: Lance Laird, 185 Redstone Avenue, Crestview, FL 32539. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lance Laird, 185 Redstone Avenue, Crestview, FL 32539

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40A-6.011 Policy and Purpose.

(1) The rules of this chapter are published to provide protection for the works of the District by establishing procedures to be followed by those who find it necessary to connect to, withdraw water from, discharge water into, place construction within or across, or to otherwise make use of the works of the District. State law prohibits such work unless approved by the Governing Board of the District.

(2) “The Works of the District” shall be specifically named in this chapter as these works are established by the Governing Board.

(3) This chapter should be read in conjunction with Chapter 373, Florida Statutes.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.087, 373.103, 373.139 FS. History–New 4-14-80, Formerly 16G-6.01, Amended 10-29-80, 3-2-00,_________.

 

40A-6.101 Content of Application.

(1) All permit applications under this chapter shall be filed with the Governing Board on NWFWMD Form No. 67 “Northwest Florida Water Management District Works of the District Permit Application”(effective August 1, 2013), appropriate forms provided by the District., which is hereby incorporated by reference. Copies of the form may be obtained from the District’s website www.nwfwmd.state.fl.us. All applications shall be signed by the owner, lessee, or their authorized agent, of the land included in or adjacent to that portion of the works of the District involved in the proposal or by the owner, lessee, or their authorized agent, of the land served if the proposal is a drainage or withdrawal.

(2) Each permit application shall include:

(a) No change.

(3) A request for additional information will be submitted to the applicant as soon as possible, but in no case later than 30 days following receipt of the application. The request will contain a list of all information required to complete action on the permit. Final action on the application will be taken within 60 days following receipt of all required information or a request from the applicant to consider the application complete and to begin processing.

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

 

40A-6.321 Duration of Permits.

The permit becomes effective upon the date of delivery to the permittee and is valid for the period stated on the permit unless cancelled by the District pursuant to subsection 40A-6.331(1), F.A.C.

Rulemaking Authority 373.044, 373.113, 373171, 373.418 FS. Law Implemented 373.084, 373.085(1), 373.413, 373.416, 373.426 FS. History–New 4-14-80, Repealed________.

 

40A-6.331 Revocation and Modification of Permits.

(1) The Board shallmay revoke or modify a permit pursuant to Sections 373.429 and 373.436, F.S., or at any time, if it determines that the permitted work or works has become a danger to the public health or safety;, or violates the conditions of the permit;, or upon request of the holder of the permit.

(2) through (3) No change.

(4) If the Executive Director determines that the continued exercise of the permit might endangers lives or property, he shallmay, with the concurrence of the Governing Board, order a temporary suspension of the construction, alteration, repair, or operation of the work or works until the hearing is concluded, or may take such action as authorized under Rule 40A-6.481, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.085(1), 373.119, 373.413, 373.416, 373.426, 373.429, 373.4369 FS. History–New 4-14-80, Formerly 16G-6.33, Amended________.

 

40A-6.351 Transfer of Permits.

(1) Upon notice that the ownership of the land adjacent to that portion of the project works involved in the permit, or the land served if the permit is a drainage or withdrawal connection, has changed, the permit shall be transferred to the new owner. Until properly transferred, the original owner shall remain responsible for the proper operation and maintenance of the facility.

(2) If not properly transferred within 30 days of the sale of the facility or lands on which the facility is located, the permittee shall inform the transferee of the use limitations associated with the permitted facility. The transferee shall execute an affidavit acknowledging his awareness of the conditions and restrictions associated with the permit issued by the District.

Upon request, a valid permit may be transferred by the Governing Board from the permittee to a new owner or lessee. The request of District authorization for transfer shall be made in letter form by the new owner, lessee, or authorized agent, wherein it is agreed that all terms and conditions attending the issuance of the original permit are understood and agreed to. Acceptable proof shall be provided to the District of ownership of the land adjacent to that portion of the project works involved in the permit, or the land served if the permit is a drainage or withdrawal connection.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.084, 373.085(1), 373.413, 373.416(2), 373.426 FS. History–New 4-14-80, Formerly 16G-6.35, Amended________.

 

40A-6.481 Remedial and Emergency Measures.

(1) Upon completion of any inspection provided for by Section 373.423, F.S. Rule 40A-6.461, F.A.C., the Executive Director shall determine if any alterations or repairs are necessary in order to comply with the provisions of Chapter 373, Florida Statutes, or any regulations, permit, or order issued thereunder, and order that such alterations or repairs shall be made within a time certain, which shall be a reasonable time. The owner of such work or works shall be served with the order to make such alterations or repairs. The owner of such work or works may file a written petition within fourteen (14) days after such order is served for a hearing in accordance with Chapter 120, Florida Statutes. If, after such order becomes final, the owner of such work or works shall fail to make the specified alterations or repairs, the Board shall may, at its discretion, cause such alterations or repairs to be made or employ other means as necessary to protect public safety as authorized by Section 373.439, F.S.

(2) through (3) No change.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.119, 373.436, 373.439 FS. History–New 4-14-80, Formerly 16G-6.48, Amended________.

 

40A-6.901 Forms and Instructions.

Application for a permit under provisions of this chapter shall be submitted on form NWFWMD Form No. 67, which may be obtained from the Northwest Florida Water Management District, 152 Water Management Drive, Havana, FL 32333-9700, [phone]. Copies can also be obtained at the District’s website, www.nwfwmd.state.fl.us.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.084, 373.085, 373.413, 373.416, 373.426 FS. History–New 4-14-80, Amended 2-1-82,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lance Laird

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 11, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 28, 2012