The purpose and effect of the proposed amendment to Rule 40C-1.603, F.A.C., is to make conforming amendments based on the proposed changes to Chapter 40C-2, F.A.C., make corrections and clarifications, and create a new fees exemption for ...

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

RULE NO.:RULE TITLE:

40C-1.603Permit Fees

PURPOSE AND EFFECT: The purpose and effect of the proposed amendment to Rule 40C-1.603, F.A.C., is to make conforming amendments based on the proposed changes to Chapter 40C-2, F.A.C., make corrections and clarifications, and create a new fees exemption for applications for Chapter 40C-2, 40C-3, or 62-330, F.A.C., permits by the Florida Department of Environmental Protection or another water management district.

SUMMARY:  The proposed rule amendments will amend Rule 40C-1.603, F.A.C. by: (1) correcting and conforming the CUP fees to the CUP thresholds in Chapter 40C-2, F.A.C.; (2) clarifying the CUP fees; and (3) creating a new fees exemption in subsection 40C-1.603(19), F.A.C. for applications for Chapter 40C-2, 40C-3, or 62-330, F.A.C., permits by the Florida Department of Environmental Protection or another water management district.

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?” form and summary and the analysis 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: 218.075, 373.109 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: During the regularly scheduled Governing Board Meeting on July 14, 2015, which begins immediately following the Regulatory Committee Meeting that begins at 11:00 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: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

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), or (18), or (19). 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. Individual consumptive use permits greater than or equal to 500 thousand gallons of water

per day is requested$1,000

2. Individual consumptive use permits equal to or 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. No change.

(b) Modifications of individual consumptive use permits.

1. Individual consumptive use permits where the total allocation requested (existing plus any proposed increase) is greater than or equal to 500 thousand gallons of water per day is requested                                                         $200
2. Individual consumptive use permits where the total allocation requested (existing plus any proposed increase) is equal to or less than 500 thousand gallons of water per day is requested                                                               $100
3. Minor individual consumptive use permits where the total allocation requested (existing plus any proposed increase) is less than 100 thousand gallons of water per day is requested                                                               $50

4. through 5. No change.

(2) through (18) No change.

(19) No fee shall be charged for applications for Chapter 40C-2, 40C-3, or 62-330, F.A.C., permits by the Florida Department of Environmental Protection or another water management district.

Rulemaking Authority 373.044, 373.109, 373.113, 373.421(2) FS. Law Implemented 218.075, 373.109, 373.4131, 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, 10-1-13, 8-14-14,          .

 

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:  May 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 13, 2015