The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules as part of the Florida Department of Environmental Protection's statewide effort to improve consistency among the water ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NOS.:RULE TITLES:

40E-5.011Policy and Purpose

40E-5.041Permits Required

40E-5.301Conditions for Permit Issuance

PURPOSE AND EFFECT: The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules as part of the Florida Department of Environmental Protection's statewide effort to improve consistency among the water management districts (referred to as CUP Consistency or CUPCon). This re-initiation of rule development will cure discrepancies between the versions of rules that were published on December 10, 2013, and acted on by the Governing Board on February 13, 2014, as well as correct some inadvertent text inaccuracies. There are no substantive changes to the rule text as adopted by the Governing Board in February 2014.

SUMMARY: The proposed amendments delete references to repealed rules or rules proposed for repeal, and make grammatical corrections.

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.

The proposed amendments are non-substantive and have no impact on small business or increased regulatory costs.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed amendments are non-substantive; no SERC or legislative ratification is required.

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, 373.113, 373.171 FS.

LAW IMPLEMENTED: 373.019, 373.103(1), 373.106, 373.303, 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.319, 373.323, 373.326, 373.329, 373.333, 373.342 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:

DATE AND TIME: July 10, 2014, 9:00 a.m.

PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Steven Memberg, Water Use Policy Principal Scientist, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone: [phone], ext. 2133 or [phone], email: [e-mail] or Jennifer Bokankowitz, Attorney, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone: [phone], ext. 2258 or [phone], email: [e-mail]. For procedural questions contact Jan Sluth, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone: [phone], ext. 6299 or [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-5.011 Policy and Purpose.

(1) No change.

(2) It is the intent of the District to consolidate permits issued pursuant to this chapter with consumptive uses regulated under Chapter 40E-2 or 40E-20, F.A.C., when such permit is required. Thus, if water is obtained from a regulated surface or groundwater ground water source, authorization under this Chapter shall be issued in conjunction with the associated consumptive use permit. If a consumptive use permit for the project is not required pursuant to Chapter 40E-2 or 40E-20, F.A.C., (e.g., the recharge water is reclaimed waste water), a separate permit shall be obtained pursuant to this chapter.

(3) through (4) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 9-3-81, Amended 8-14-03,__________.

 

40E-5.041 Permits Required.

(1) Unless expressly exempt by law or District rule, a permit is required pursuant to this chapter to operate an artificial recharge system. The permit applicant shall provide reasonable assurances that the proposed activity meets the criteria set forth in Rule 40E-5.301, F.A.C. In the event the project also requires a consumptive use permit pursuant to Chapter 40E-2 or 40E-20, F.A.C., demonstration of reasonable assurances required under Rule 40E-5.301, F.A.C., shall be made in conjunction with application for such permit and a consolidated permit will be issued.

(2) through (3) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 9-3-81, Formerly 16K-2.02(1), Amended 8-14-03,__________.

 

40E-5.301 Conditions for Permit Issuance.

In order to obtain a permit, permit renewal, or permit modification pursuant to this chapter, an applicant must give reasonable assurances that the proposed diversion of water to be introduced into an aquifer and the impact of introducing and recovering the water from an aquifer:

(1) through (2) No change.

(3) Satisfies the criteria contained in the “Applicant’s Handbook Basis of Review for Water Consumptive Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C.; and

(4) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 8-14-03, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Maria C. Clemente, Water Use Bureau Chief, Regulation Division

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 15, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 9, 2014