The overall purpose of the proposed rule amendments is to clarify rule language, streamline the rule by eliminating any rules that simply restate statute, and to address comments made by Japc about the ruile using vauge language

 

WATER MANAGEMENT DISTRICTS
Northwest Florida Water Management District

RULE NOS.:RULE TITLES:
40A-1.004Agreements
40A-1.0045District Funds
40A-1.203Permit Application Procedure
40A-1.205Suspension, Revocation and Modification of District Permits
40A-1.209Emergency Action
PURPOSE AND EFFECT: The overall purpose of the proposed rule amendments is to clarify rule language, streamline the rule by eliminating any rules that simply restate statute, and to address comments made by JAPC about the rule using vague language.
SUMMARY: The amendments delete the rule for temporary permits for consumptive use permitting because it simply restates statute. Other changes include adding language that recognizes that the District can use Electronic Funds transfers. Other changes simplify and clarify rule language without increasing costs or regulatory burdens on the District or the public.
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 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 rule changes do not impose any additional burden or costs on the regulated public or on the District.
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 FS.
LAW IMPLEMENTED: 120.60, 373.046, 373.119, 373.243, 373.244, 373.246, 373.429, 373.439, 373.553 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, 180 East 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, 180 East Redstone Avenue, Crestview, FL 32539

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40A-1.004 Agreements.

The following agreements have been entered into by the District and are hereby incorporated by reference.

(1) With the Department concerning Mitigation Banking in the Northwest District, dated 1994;

(2) With the Department concerning permitting of potable wells in areas of contaminated ground water in Jackson County, dated 1990;

(3) With the Department and the Department of Health and Rehabilitative Services concerning permitting new potable wells in areas of contaminated groundwater, dated 1992;

(4) With the Office of Trade, Tourism and Economic Development, dated 1997;

(5) With the Department of Environmental Protection concerning procedures for handling permit applications, dated 1981.

Rulemaking Authority 373.044 FS. Law Implemented 373.046, 373.083 FS. History–New 3-2-00, Repealed_______.

 

40A-1.0045 District Funds.

(1) District funds may be disbursed with the Board’s approval by check bearing the signatures or facsimile signatures of the secretary-treasurer or assistant secretary-treasurer, and the chairman or vice chairman. All general and interfund checks issued shall be reported to the Board at its next regular meeting.

(2) The Executive Director shall serve as the assistant secretary-treasurer.

(3) District funds may be disbursed, by wire or electronic transfer. The Executive Director, or his designee, shall authorize and supervise all wire or electronic transfers of District funds, and shall report all wire or electronic transfer transactions to the Board at its regular meeting following such transaction.

(4) The Executive Director shall provide written instructions to each financial entity that will be transferring District funds by wire or electronic transfer indicating which District staff shall have the authority to request wire or electronic transfers of District funds.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.553 FS. History–New________.

 

40A-1.203 Permit Application Procedure.

(1) through (2) No change.

(2) A permit application shall be:

(a) through (b) No change.

(3) No later than 30 days after receipt of an application for a surface water management permit pursuant to subsection 40A-44.041(2), F.A.C., an agricultural or forestry surface water management permit pursuant to paragraph 40A-44.041(2)(b) or (c), F.A.C., or an Individual water use permit pursuant to Rule 40A-2.031, F.A.C., the District shall publish a notice thereof in a newspaper having general circulation as defined in Chapter 50, F.S. or by any other manner allowed by Statute. In addition, the District shall provide a copy of the notice to any person who has filed a written request for notification of any pending applications affecting the particular designated area. Interested persons may object to or comment upon the proposed permit in writing by the date specified in the notice. The District may request persons submitting objections or comments to furnish additional information. The District may consider objections or comments received after the designated time period if proposed agency action has not been taken on the application. The District will provide the applicant with a copy of all objections and comments received.

(4) through (5) No change.

(6) If additional information submitted to the District incorporates or results in material changes in the proposed activity for which the applicant seeks a permit, the application will be considered to have been amended and the proposal contained in the original application will be deemed withdrawn. The District shall have 60 90 days from the date of receipt of the additional information in which to approve or deny the amended application and such application shall be subject to review for completeness under subsection (5) above.

(7) The District shall notify the applicant of the date on which the application is declared complete. Within a reasonable time thereafter, the District shall prepare a staff report, which shall contain its recommendations regarding the subject application. A Notice of Proposed Agency Action and the staff report shall be furnished to the applicant and to those persons who have filed written requests pursuant to subsection (4). The Notice shall state the District’s intention to recommend that the Board or its designee approve, approve with conditions, or deny the permit application and shall specify a date for filing a petition for administrative hearing which shall be not less than 21 days after the date of mailing of the Notice of Proposed Agency Action. Substantially affected persons shall have the right to request an administrative hearing under Section 120.569, F.S., and Part V of these rules by filing a petition for administrative hearing with the Agency Clerk by the date specified in the Notice of Proposed Agency Action.

(8) through (12) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60 FS. History–New 10-1-84, Amended 1-5-86, 7-1-98, 3-2-00,_________.

 

40A-1.205 Suspension, Revocation and Modification of District Permits.

(1) The District shall may suspend or revoke a permit, in whole or in part, or employ any of the remedial measures authorized by Section 373.436, F.S., when it determines that the permittee or his agent has:

(a) Submitted false or inaccurate information on an application, operational report, or completion report;

(b) Violated Chapter 373, F.S., and the rules promulgated thereunder, or any other provision of Florida law related to the operations of the District;

(c) Failed to comply with an administrative order issued pursuant to Section 373.119, F.S.;

(d) Violated a condition of the permit; or

(e) Failed to allow inspection of the subject property.

(2) through (4) no change.

(5) A petition for a formal hearing pursuant to Section 120.57(1), F.S., must comply with Rule 40A-1.521, F.A.C. When a formal hearing is requested, the permittee or other affected persons shall admit or deny each finding of fact contained in the Notice of Proposed Agency Action Intention, or state that the permittee is without knowledge as to the same, which shall be deemed to be a denial. The District may decline to hold a formal hearing when there are no disputed issues of material fact.

(6) through (9) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.243, 373.246, 373.429, 373.436 FS. History–New 10-1-84, Amended________.

40A-1.206 Temporary Permits.

The Board or the Executive Director may issue temporary permits for consumptive water use while an application is pending pursuant to Section 373.244, F.S. A temporary permit request must be made in writing by the applicant. Prior to the issuance of a temporary permit, the applicant may be requested to waive any right under Section 120.60, F.S., to have his application approved or denied within 90 days after receipt of the application or additional information requested by the District.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.244 FS. History–New 10-1-84, Repealed_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lance Laird
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: George Roberts, chair
Northwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 8, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 16, 2012