The District proposes amendments to Rules 40D-1.6105 and 40D-1.659, F.A.C., as part of an overall rulemaking effort to incorporate District forms by reference into the particular rule applicable to each individual form, instead of incorporating all ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-1.6105: Limiting Conditions
40D-1.659: Forms and Instructions
PURPOSE AND EFFECT: The District proposes amendments to Rules 40D-1.6105 and 40D-1.659, F.A.C., as part of an overall rulemaking effort to incorporate District forms by reference into the particular rule applicable to each individual form, instead of incorporating all forms into Rule 40D-1.659, F.A.C. The effect is to make District rules identifying forms available for public use consistent with requirements for incorporating materials by reference. Forms will also be renumbered and revised to contain the specific citation to the rule in which the form will now be incorporated. Rule 40D-1.659, F.A.C., will be maintained as a convenient listing of all District forms.
SUMMARY: Currently, all District forms are incorporated by reference into Rule 40D-1.659, F.A.C. In response to comments from the Joint Administrative Procedures Committee, amendments are proposed to incorporate District forms and other materials into the specific rule which addresses the particular form or material. Forms will be re-numbered and revised to contain the specific rule citation in which each form will now be incorporated. Rule 40D-1.6105, F.A.C., is amended as to the form number and incorporation citation for the District’s permit transfer forms which are mentioned in the Rule. Rule 40D-1.659, F.A.C., is amended to list the new form numbers and the incorporation rule citation for all District forms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, 373.171, 373.337 FS.
LAW IMPLEMENTED: 373.0831(3), 373.116, 373.196(1), 373.1961(3), 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4660

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.6105 Limiting Conditions.

(1) No change.

(2) A permit may be assigned to a subsequent owner subject to all terms and conditions contained in such permit upon notification in writing to the Board of such assignment, provided ownership, lease, or other control of all such lands is conveyed to the assignee and further provided that the assignee, by accepting such assignment, does assume responsibility for complying with all such terms and conditions. To assign a permit a subsequent owner must submit a Notification and Request for Transfer of Environmental Resource Permit, Form No. LEG-R.043.00 (4/09) 04-10R-022 (7/01), incorporated by reference in subsection 40D-4.351(1), F.A.C., or an Application to Transfer a Water Use Permit, Form No. LEG-R.002.0403 (4/09) (09/07), incorporated by reference in subsection 40D-2.351(1), F.A.C., as appropriate, that includes the signature of the permittee(s) or a copy of the legally recorded deed(s) to all of the land covered by the permit. Copies of these forms may be obtained from the District’s website at www.watermatters.org. or from the District offices.

(3) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.219, 373.413, 373.416 FS. History– Readopted 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly 40D-0.381, Amended 12-16-97, 8-25-02, 10-19-05, 11-25-07,________.

 

40D-1.659 Forms and Instructions.

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District’s website at www.watermatters.org or from the District.

(1) GROUND WATER.

(a) APPLICATION FOR WATER WELL CONTRACTOR’S LICENSE, FORM NO. LEG-R.003.0100 (4/09) (10/05), incorporated by reference in subsection 40D-3.037(5), F.A.C.

(b) APPLICATION FOR RENEWAL OF A WATER WELL CONTRACTOR’S LICENSE, FORM NO. LEG-R.004.0201 (4/09) (9/07), incorporated by reference in subsection 40D-3.037(5), F.A.C.

(c) PROPOSED WELL CONSTRUCTION LOCATION AND DESIGN FORM, FORM NO. LEG-R.006.0100 (4/09) (2/07), incorporated by reference in paragraph 40D-2.101(5)(a), F.A.C.

(d) STATE OF FLORIDA PERMIT APPLICATION TO CONSTRUCT, REPAIR, MODIFY OR ABANDON A WELL, FORM NO. LEG-R.040.00 (4/09) 41.10-410(1) REV. 9/04, incorporated by reference in subsection 40D-3.101(1), F.A.C.

(e) WELL COMPLETION REPORT, FORM NO. LEG-R.005.0100 (4/09) (10/05), incorporated by reference in paragraph 40D-3.411(1)(a), F.A.C.

(f) WELL GROUTING/ABANDONMENT FORM, FORM NO. LEG-R.041.00 (4/09) 41.10-410 (6/01), incorporated by reference in subsection 40D-4.531(5), F.A.C.

(g) WELL VERIFICATION FOR ALL NON-DOMESTIC USE WELLS LOCATED IN THE MOST IMPACTED AREA OF THE SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.016.0100 (4/09) (8/08), incorporated by reference in subsection 40D-3.101(1), F.A.C.

(h) SMALL GENERAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES LESS THAN 100,000 GALLONS PER DAY FORM NO. LEG-R.027.00 (3/09) WUP-1 FORM 46.20-002 (1/08), incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.

(i) GENERAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES OF 100,000 TO 499,999 GALLONS PER DAY, FORM NO. LEG-R.028.00 (3/09) WUP-2 FORM 46.20-003 (1/08), incorporated by reference in paragraph 40D-2.101(2)(b), F.A.C.

(j) INDIVIDUAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES OF 500,000 GALLONS PER DAY OR GREATER, FORM NO. LEG-R.029.00 (3/09) WUP-3 FORM 46.20-004 (1/08), incorporated by reference in paragraph 40D-2.101(2)(a), F.A.C.

(k) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – AGRICULTURE, FORM NO. LEG-R.030.00 (3/09) WUP-4 FORM 46.20-004 (09/07), incorporated by reference in subparagraph 40D-2.101(2)(a)1., F.A.C.

(l) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – INDUSTRIAL OR COMMERCIAL, FORM NO. LEG-R.031.00 (3/09) WUP-5 FORM 46.20-005 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)2., F.A.C.

(m) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – MINING OR AND DEWATERING, FORM NO. LEG-R.032.00 (3/09) WUP-6 FORM 46.20-006 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)3., F.A.C.

(n) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – PUBLIC SUPPLY, FORM NO. LEG-R.033.00 (3/09) WUP-7 FORM 46.20-007 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)4., F.A.C.

(o) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – RECREATION OR AESTHETIC, FORM NO. LEG-R.034.00 (3/09) WUP-8 FORM 46.20-008 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)5., F.A.C.

(p) WATER USE PERMIT MODIFICATION SHORT FORM, FORM NO. LEG-R.035.00 (3/09) 42.00-034 (3/00), incorporated by reference in paragraph 40D-2.331(2)(b), F.A.C.

(q) IRRIGATION WATER USE FORM – SEASONAL REPORT, NORTHERN TAMPA BAY WATER USE CAUTION AREA, FORM NO. LEG-R.024.00 (4/09) WUP-14.1 (1/93), incorporated by reference in paragraph 40D-2.091(2)(f), F.A.C.

(r) IRRIGATION WATER USE FORM – ANNUAL REPORT, NORTHERN TAMPA BAY WATER USE CAUTION AREA, FORM NO. LEG-R.025.00 (4/09) WUP-15 (1/93), incorporated by reference in paragraph 40D-2.091(2)(g), F.A.C.

(s) AGRICULTURAL WATER ALLOTMENT FORM, FORM NO. LEG-R.042.00 (4/09) WUP-16 (8/90), incorporated by reference in paragraph 40D-2.101(5)(b), F.A.C.

(t) APPLICATION TO TRANSFER A WATER USE PERMIT, FORM NO. LEG-R.002.0403 (4/09) (09/07), incorporated by reference in subsection 40D-2.351(1), F.A.C.

(u) SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.007.02.01 (4/09) (11/07), incorporated by reference in subsection 40D-2.101(6), F.A.C.

(v) ALTERNATIVE WATER SUPPLY SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.009.00 (09/07).

(v)(w) NET BENEFIT SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.010.0100 (4/09) (09/07), incorporated by reference in paragraph 40D-2.101(6)(b), F.A.C.

(w)(x) SOUTHERN WATER USE CAUTION AREA GROUND WATER REPLACEMENT CREDIT APPLICATION, FORM NO. LEG-R.011.0100 (4/09) (09/07), in corporated by reference in paragraph 40D-2.101(6)(c), F.A.C.

(x)(y) PUBLIC SUPPLY SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.012.0100 (4/09) (09/07), incorporated by reference in paragraph 40D-2.101(6)(a), F.A.C.

(y)(z) PUBLIC SUPPLY WELL INFORMATION AND CLASSIFICATION FORM, FORM NO. LEG-R.015.0100 (4/09) (8/08), incorporated by reference in paragraph 40D-3.101(2)(b), F.A.C.

(z)(aa) IRRIGATION WATER USE FORM – ANNUAL CROPS, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.017.0100 (4/09) (8/08), incorporated by reference in paragraph 40D-2.091(2)(b), F.A.C.

(aa)(bb) IRRIGATION WATER USE FORM – ANNUAL RECREATIONAL/AESTHETIC/GOLF, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.018.0100 (4/09) (8/08), incorporated by reference in paragraph 40D-2.091(2)(c), F.A.C.

(bb)(cc) IRRIGATION WATER USE FORM – SUMMER/FALL SEASONAL, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.019.0100 (4/09) (8/08), incorporated by reference in paragraph 40D-2.091(2)(d), F.A.C.

(cc)(dd) IRRIGATION WATER USE FORM – WINTER/SPRING SEASONAL, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.020.0100 (4/09) (8/08), incorporated by reference in paragraph 40D-2.091(2)(e), F.A.C.

(dd) Application to Renew a Small General Water Use Permit for Agricultural Use, FORM No. LEG-R.036.00 (3/09), incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.

(ee) Small General Water Use Permit Application – Agriculture Attachment, FORM No. LEG-R.037.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c)1., F.A.C.

(ff) Small General Water Use Permit Application – Industrial or Commercial Attachment, FORM No. LEG-R.038.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c)2., F.A.C.

(gg) Small General Water Use Permit Application – Recreation or Aesthetic Attachment, FORM No. LEG-R.039.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c)3., F.A.C.

(2) SURFACE WATER.

(a) JOINT APPLICATION FOR: ENVIRONMENTAL RESOURCE PERMIT/AUTHORIZATION TO USE STATE OWNED SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT, FORM 547.27/ERP (4/09) (5/08), incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.

(b) STATEMENT OF COMPLETION AND REQUEST FOR TRANSFER TO OPERATION ENTITY, FORM 547.27/SOC (4/09) (Rev. 2/07), incorporated by reference in subparagraph 40D-4.351(2)(a)1., F.A.C.

(c) PETITION FOR A FORMAL DETERMINATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS, FORM 547.27/FJDS (4/09) (8/94), incorporated by reference in paragraph 40D-4.042(2)(a), F.A.C.

(d) NOTICE OF INTENT TO CONSTRUCT A MINOR SILVICULTURAL SURFACE WATER MANAGEMENT SYSTEM PURSUANT TO SECTION 40D-400.500, F.A.C., FORM 547.27/NOI (4/09) (2/96), incorporated by reference in subsection 40D-400.500(3), F.A.C.

(e) PERMIT APPLICATION FOR SITE CONDITIONS ASSESSMENT, FORM 547.27/SCA (4/09) (6/96), incorporated by reference in subsection 40D-40.044(1), F.A.C.

(f) MITIGATION BANK PERFORMANCE BOND TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/PB (4/09) (2/99), incorporated by reference in paragraph 40D-4.091(6)(a), F.A.C.

(g) MITIGATION BANK IRREVOCABLE LETTER OF CREDIT TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/ILC (4/09) (2/99), incorporated by reference in paragraph 40D-4.091(6)(b), F.A.C.

(h) MITIGATION BANK STANDBY TRUST FUND AGREEMENT TO DEMONSRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/S-B/CIFA (2/99).

(h)(i) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/CIFA (4/09) (2/99), incorporated by reference in paragraph 40D-4.091(6)(c), F.A.C.

(i)(j) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE PERPETUAL MANGEMENT FINANCIAL RESPONSIBILITY, FORM MB/PMFA (4/09) (2/99), incorporated by reference in paragraph 40D-4.091(6)(d), F.A.C.

(k) MITIGATION BANK STANDBY TRUST FUND AGREEMENT TO DEMONSTRATE PERPETUAL MANAGEMENT FINANCIAL ASSURANCE, FORM MB/S-B/PMFA (2/99).

(j)(l) NOTIFICATION AND REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT, FORM NO. LEG-R.043.00 (4/09) 04.10R-022 (7/01), incorporated by reference in paragraph 40D-4.351(1)(a), F.A.C.

(k)(m) STATEMENT OF INSPECTION FOR PROPER OPERATION AND MAINTENANCE FORM NO. LEG-R.044.00 (4/09) 04.10R-023 (6/02), incorporated by reference in subsection 40D-4.351(3), F.A.C.

(l)(n) GENERAL ENVIRONMENTAL RESOURCE PERMIT (ERP) APPLICATION FOR MODIFICATION RELATED TO OUTPARCEL CONSTRUCTION WITHIN PERMITTED COMMERICAL/INDUSTRIAL PROJECTS, FORM NO. LEG-R001.0100 (4/09) (2/05), incorporated by reference in subparagraph 40D-4.331(2)(a)2., F.A.C.

(m)(o) ENVIRONMENTAL RESOURCE PERMIT MODIFICATION SHORT FORM, FORM NO. LEG-R.013.0100 (4/09) (03/08), incorporated by reference in paragraph 40D-4.331(2)(b), F.A.C.

(3) OTHER.

(a) ELECTRONIC TRANSACTION AGREEMENT, FORM LEG-R.014.00 (4/08)

(b) FACILITATING AGRICULTURAL RESOURCE MANAGEMENT SYSTEMS PROGRAM FUNDING APPLICATION FORM, FORM LEG-R.22.0100 (4/09) (8/08), incorporated by reference in subsection 40D-26.201(2), F.A.C.; and

(c) METER ACCURACY VERIFICATION FORM, FORM NO. LEG-R.021.01 00 (4/09) (07/08), incorporated by reference in paragraph 40D-2.091(2)(a), F.A.C.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171, 373.337, F.S. Law Implemented 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50, F.S. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1.901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05, 2-6-07, 2-26-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 8, 2009