This rulemaking is part of a package of rule amendments to revise District procedures for providing notice of receipt of applications for water use permits and environmental resource permits and notice of agency action concerning such permit ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
40D-2.101: Content of Application
PURPOSE AND EFFECT: This rulemaking is part of a package of rule amendments to revise District procedures for providing notice of receipt of applications for water use permits and environmental resource permits and notice of agency action concerning such permit applications. The effect of the amendments proposed for Rules 40D-2.091 and 40D-2.101, F.A.C., will be to eliminate the requirement for water use permit applicants to submit with their applications the names and addresses of property owners located within specified distances of the proposed water use. A corresponding change is being made to the District’s Water Use Permit Information Manual Part B, Basis of Review, Section 1.7.
SUMMARY: District rules concerning permit application noticing and agency action noticing have remained largely unchanged since their inception in the 1980’s. Current noticing rules do not reflect technological advances in disseminating information to the public, such as the internet and electronic mail. Special noticing practices have also evolved over the years, which are not required by statute and which can now be accomplished more efficiently through the District’s website. The District is proposing amendments to several rules to revise and update the District’s noticing procedures. Section 1.7 of the District’s Water Use Permit Information Manual Part B, Basis of Review (BOR) and Rule 40D-2.101, F.A.C., are amended to eliminate the requirement for water use permit applicants to submit the names and addresses of property owners located within certain distances of the proposed water use. BOR section 1.7 is also amended to reflect changes being made in Rule 40D-1.603, F.A.C., concerning notices of applications received by the District and notices of agency action on such applications. Rule 40D-2.091, F.A.C., is amended to incorporate by reference the revised BOR.
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, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 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 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.091 Publications Incorporated by Reference.

The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:

(1) Water Use Permit Information Manual Part B, “Basis of Review” (______) (5/08) and Part D, “Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area” (1/07);

(2) through (5) No change.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, __________.

 

40D-2.101 Content of Application.

In order to obtain a Water Use Permit, an applicant shall file with the District the appropriate form entitled “Water Use Permit Application” including the appropriate supplemental forms. The Application shall include the following information:

(1) through (2) No change.

(3) All applications shall include a list of the names and mailing addresses of all owners of real property, as taken from the latest tax rolls, together with the names and addresses of any new owners not yet placed upon the tax rolls but of which the Applicant has actual knowledge, whose property is located within the distances prescribed below, which shall be attached to and become a part of the permit application:

(a) If the application is for a withdrawal from a lake or other impoundment, as defined in Rule 40D-1.102, F.A.C., having a water surface of 80 acres or less, all riparian owners of lands adjoining such lake or other impoundment shall be included. If such water surface is in excess of 80 acres, all riparian owners along the shoreline, extending for 660 feet in each direction from the points where the lateral boundaries of the Applicant’s property intersects the shoreline, shall be included.

(b) If the application is for a withdrawal from a stream or other watercourse, as defined in Rule 40D-1.102, F.A.C., and the withdrawal is for not more than five million gallons during a single day (5 MGD), all riparian owners of lands within 660 feet upstream and within 1,320 feet downstream from the points where the extreme lateral boundaries of the Applicant’s property intersects with the shoreline, shall be included; if such withdrawal is for more than five million gallons during a single day (5 MGD), all such owners of lands within 1,320 feet upstream and within 2,640 feet downstream from such points shall be included.

(c) If the application is for a withdrawal from a well or mining pit, unless the mining pit will be reclaimed for the withdrawal terminated within two years of initiation, all owners of property within the distances prescribed below as measured from the well or mining pit, or at the option of the Applicant, all owners of property contiguous with or within the distances prescribed of the boundaries of the Applicant’s property, shall be included:

 

Withdrawal amounts	Distance from well or mine pit	Distance from property boundary
1. If the withdrawal during any single day is to exceed 1,000,000 gallons but not more than 5,000,000 gallons
or
If the withdrawal is to exceed 100,000 gallons average per day on an annual basis but not more than 500,000 gallons average	660 feet	100 feet
2. If the withdrawal during any single day is to exceed 5,000,000 gallons but not more than 10,000,000 gallons
or
If the withdrawal is to exceed 500,000 gallons average per day on an annual basis but not more than 1,000,000 gallons	1,320 feet	200 feet
3. If the withdrawal during any single day is to exceed 10,000,000 gallons
or
If the withdrawal is to exceed 1,000,000 gallons  average per day on an annual basis	2,640 feet	400 feet

 

(4) When there is potential for significant impacts outside the area specified in subsection (3), the District shall require a supplemental listing of owners to encompass a larger area than specified in subsection (3).

(5) When the area specified in subsection (3) is larger than the area predicted to be impacted by the proposed withdrawal, the District, upon specific request of an Applicant, shall modify the provisions of subsection (3).

(6) through (7) renumbered (3) through (4) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.229 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82. Formerly 16J-2.06. Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07,_________.

 

WATER USE PERMITTING INFORMATION MANUAL PART B

BASIS OF REVIEW

1.0 PERMITTING PROCEDURES

1.7 POTENTIALLY AFFECTED PARTIES

Upon receipt of an individual a permit application, the District will require the applicant to publish notice in a newspaper of general circulation in accordance with Rule 40D-1.603, F.A.C. near the location of the proposed withdrawal. Upon receipt of a general permit application, the District will post notice of receipt of the application pursuant to subsection 40D-1.603(2), F.A.C. The District will also provide a copy of such notice of receipt of a water use permit application to any applicable county or city government from which boundaries the withdrawal is proposed to be made. At the option of the applicable county or city government, the District will provide the notice via regular mail or electronic mail. The notice to the applicable county or city government will include information, when applicable, that the application is for a relocation or is a competing application competition pursuant to Section 373.233, F.S. Interested persons may request to be provided notice of agency action on a permit application.

Permit Applicants must submit a list of names and addresses of property owners that may be affected by the proposed withdrawals as indicated on the application form, and required by subsection 40D-2.101(3), F.A.C.

The District will provide a nNotice of aAgency aAction on each permit to potentially affected property owners as determined pursuant to subsection 40D-2.101(3), F.A.C., and those interested persons who have requested to be notified of agency action pursuant to subsection 40D-1.603(5), F.A.C., as well as the permit applicant. Affected persons may request a hearing on the agency action within 21 days of receipt of the notice in accordance with Chapter 120, F.S., and Chapter 28-106, F.A.C., and Rule 40D-1.1010, F.A.C.

Amended 1-1-07,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, 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: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 14, 2008