The South Florida Water Management District (SFWMD) gives notice that is is developing as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-1.021: Definitions
40E-1.603: Application Procedures for Conceptual Approval, Individual and Standard Permits
40E-1.6065: Consideration of Intended Agency Decision on Permit Applications
40E-1.607: Permit Application Processing Fees
40E-1.6107: Transfer of Environmental Resource, Surface Water Management, or Water Use Permit
40E-1.615: Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern
40E-1.659: Forms and Instructions
40E-1.711: Orders of Corrective Action and Consent Agreements
40E-1.715: Civil Penalty Calculation

PURPOSE AND EFFECT: To update the District’s rules to ensure that its rules are correct and comply with statutory requirements, in accordance with Section 120.74, F.S. Specifically, the amendments include: 1) adding chapters applicable to the definitions; 2) clarifying types of permits; 3) deleting references to repealed rules; 4) updating delegation pursuant to Sections 373.079(4) and 373.083(5), F.S.; 5) updating rules to comply with Section 120.55(1)(a)4. and 5., F.S., regarding incorporation of forms by reference; 6) updating titles of referenced rules; and 7) updating rule pursuant to Section 373.119, F.S.

SUBJECT AREA TO BE ADDRESSED:  General and procedural rules.

RULEMAKING AUTHORITY: 373.044, 373.109, 373.113, 373.171, FS.

LAW IMPLEMENTED: 120.53(1), 120.54(5), 120.569, 120.57, 120.60, 218.075, 373.083, 373.085, 373.103, 373.106, 373.107, 373.109, 373.116, 3373.119, 373.129, 373.136, 373.146, 373.171, 373.209, 373.219, 373.229, 373.239, 373.333, 373.243, 373.309, 373.323, 668.003, 668.004, 668.50, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

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 5 days before the workshop/meeting by contacting: South Florida Water Management District Clerk, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 2087 or [phone]. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Paulette Glebocki, Lead, Hydrogeologist, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, [e-mail], 1(800)432-2045, ext. 6941, or [phone]. For procedural questions contact Jan Sluth, Senior Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, [e-mail], 1(800)432-2045, ext. 6299, or [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-1.021 Definitions.

When used in this Cchapter, Chapters 40E-2, 40E-4, 40E-20, 40E-40, 40E-41, 40E-61, and 40E-400, F.A.C.:

(1) “e-Permitting website” means the District’s website address for e-Permitting at http://www.sfwmd. gov/ePermitting.

(2) through (5) No change.

Rulemaking Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 668.003, 668.004, 668.50 FS. History–New 10-1-06,________.

40E-1.603 Application Procedures for Processing Permit Applications or Notices of Intent Conceptual Approval, Individual and Standard Permits.

(1) through (1)(a) No change.

(b) If the District determines that the application is incomplete, the District shall request the information needed to complete the application within 30 days of its receipt.  For individual environmental resource permits, and standard environmental resource permits, individual water use permits, and standard general water use permits, the applicant shall have 90 days from receipt of a timely request for additional information to submit that information to the District. 

(c) through (e) No change.

(2) No change.

(3)(a) Agency action on individual permits and conceptual approvals for environmental resource permits shall occur within 90 days of receipt of a complete notice of intent, including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.

(b) An authorization to proceed for standard general water use permits in Chapter 40E-20, F.A.C., shall occur within 60 days of receipt of a complete notice of intent, including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.

(c) Agency action on a standard environmental resource permit application in Chapter 40E-40, F.A.C., shall occur within 60 days of receipt of a complete application, including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.

(d) An authorization to proceed for general permits in Chapter 40E-30, F.A.C., shall be issued within 30 days of receipt of a complete notice of intent, including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.

(d)(e) Noticed general environmental resource permits under Chapter 40E-400, F.A.C., may be utilized by the applicant 30 days after the District receives the notice of intent, unless a notice that the project does not qualify for the noticed general permit is sent by regular United States mail or electronic mail by the District within 30 days, in accordance with Rule 40E-400.211, F.A.C. If notice that the proposed project does not qualify for the noticed general permit is sent by regular United States mail or electronic mail by the District to the applicant, the review process under subsection (1) shall be initiated or the applicant shall be required to apply for the appropriate permit if the requested activity is not covered by the noticed general permit rule.

Rulemaking Authority 120.53(1), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.60, 373.107, 373.109, 373.116, 373.229, 373.417, 373.421, 373.422, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Formerly 16K-1.08(1)-(8), Amended 7-1-86, 7-26-87, 11-21-89, 5-11-93, 10-3-95, 4-1-96, 7-2-98, 6-12-00, 10-1-06, 12-1-11,________.

40E-1.6065 Consideration of Intended Agency Decision on Permit Applications.

(1) After the application for a permit is declared by staff to be complete, if a governing board hearing on the permit application is required, the District shall prepare a Staff Review Summary, which shall contain its recommendations regarding the subject application and which shall constitute intended agency decision. A notice of intended agency decision together with the Staff Review Summary shall be furnished to the applicant and any persons requesting the same pursuant to Rule 40E-1.6058, F.A.C., as applicable. The notice shall state the District Staff's recommendation that the District Governing Board approve, deny, or approve with conditions the permit application and the reasons therefore.

(2) The District Governing Board shall consider the application for a conceptual approval, individual environmental resource, individual surface water management, or individual water use permit application at its next available regularly scheduled regulatory meeting following the mailing or electronic mailing of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S.

(3) No change.

(4) Because the District Governing Board may take a final agency action which materially differs from the noticed intended agency action, applicants and other interested persons should be prepared to defend their position regarding the permit application when it is considered by the District Governing Board. If the District Governing Board takes final agency action which materially differs from the intended agency decision, the District shall mail by regular United States mail or electronic mail a notice of the final agency action to all persons who were notified of the intended agency decision.

Rulemaking Specific Authority 120.53(1), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.60, 373.079, 373.083, 373.107, 373.109, 373.116, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended 6-12-00, 10-1-06,________.

40E-1.607 Permit Application Processing Fees.

Introductory paragraph – No change.

(1) Water Use Permit Application processing fees are in the following table:

TABLE 40E-1.607(1)

PERMIT APPLICATION PROCESSING FEES FOR

WATER USE PERMIT APPLICATIONS

REVIEWED PURSUANT TO CHAPTERS 40E-2 AND 40E-20, F.A.C.

Fee amounts shall apply to applications for new permits, permit modifications, and permit renewals, except as noted.

 

Category	Amount
Individual Public Water Supply with a duration less than 20 years
Maximum monthly allocation through Aquifer Storage and Recovery  No change
Permit Transfer to Another Entity Pursuant to Rules 40E-0.107 40E-1.611 and 40E-2.351, F.A.C.	$300
Letter Modification to Individual Permit through
Letter Modification to General Permit  No change.

 

(2) No change.

(3) through (7) No change.

Rulemaking Authority 373.044, 373.109, 373.113, 373.421(2), 373.421(6)(b) FS. Law Implemented 218.075, 373.109, 373.421(2), 373.421(6)(b), 403.201 FS. History–New 1-8-89, Amended 1-2-91, 11-15-92, 6-1-93, 1-23-94, 10-3-95, 4-1-96, 11-8-99, 5-24-00, 6-26-02, 7-11-02, 8-10-03, 8-14-03, 11-18-07, 11-1-09, 12-15-11, _________.

40E-1.6107 Transfer of Environmental Resource, Surface Water Management, or Water Use, or Wetland Resource Permit.

(1) To transfer an environmental resource, surface water management, or water use permit, the permittee, in addition to satisfying the applicable provisions in Rules 40E-2.351, and 40E-4.351, 40E-20.351, and 40E-40.351, F.A.C., must submit Form No. 0483, __(date), (hyperlink), Request for Environmental Resource, Surface Water Management, Water Use, or Wetland Resource Permit Transfer, incorporated by reference herein and available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6436, or [phone].

(2) In addition, the permittee must provide information required in Rule 40E-1.6105, F.A.C., and file a statement from the proposed transferee in writing or at the District’s e-Permitting website that it has reviewed the District permit and project design and will be bound by all terms and conditions of the permit, including all compliance requirements, for the duration of the permit.

(2) through (4) renumbered (3) through (5) No change.

Rulemaking Specific Authority 120.53(1), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 373.083, 373.171, 373.309, 373.416, 373.426, 373.429, 373.436, 668.003, 668.004, 668.50 FS. History–New 5-11-93, Amended 10-3-95, 10-1-06,________.

40E-1.615 Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern. 

(1) through (2) No change.

(3) The following coordinated agency review procedures apply to projects which require permits pursuant to Chapters 40E-2 or 40E-20 (Consumptive Use) and 40E-4 or 40E-40, (Environmental Resource), F.A.C.:

(a) The Coordinated Review Application shall consist of the application information required by Rules 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent), 40E-2.101 (Content of Application) or 40E-4.101 (Content of Application), F.A.C.

(b) No change.

(c) The District’s Coordinated Review process follows the permit review procedures set forth in Rule 40E-1.603, F.A.C. (Application Procedures for Processing Permit Applications or Notices of Intent Conceptual Approval, Individual and Standard Permits).

(d) No change.

(e) The Certification of the Coordinated Review Application required by Section 380.051(2)(a), F.S., and subsections 9J-19.002(3) (Purpose) and 9J-19.009(1) and (2) (Completion of Substantive Review), F.A.C., shall occur within 60 days after the District begins substantive review, and shall consist of the notice of proposed agency action together with the staff report on the individual permit pursuant to subsection 40E-1.603(6) (Application Procedures for Processing Permit Applications or Notices of Intent Conceptual Approval, Individual and Standard Permits), F.A.C., which may recommend denial to the Governing Board, or approval, or approval with conditions to its designee.

(f) No change.

Rulemaking Authority 373.044, 373.113, 380.051, 668.003, 668.004, 668.50 FS. Law Implemented 380.051, 668.003, 668.004, 668.50 FS. History–New 9-22-87, Amended 10-3-95, 10-1-06, 12-1-11,_______.

40E-1.659 Forms and Instructions.

The following forms and instructions are incorporated by reference throughout the District’s rules as specified below and are listed herein for convenience.  Hyperlinks are provided in the rules in which the forms and instructions are referenced and copies can be obtained without cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6436, or [phone]:

 

Form No. 0050A	Date 7-89	Title Application to the South Florida Water Management District for a Permit for Utilization of District Works or Modification of Existing Permit Works of the District No.
0108	3-91	Application for Release of Mineral, Canal, and Road Reservations Reserved Under Chapters 6456, 6957, 7305, 9131, 14717 and 20658, Laws of Florida
0123	4-95	Well Construction Permit Application
0124	11-90	Well Completion Report
0186	____	State of Florida Water Well Contractor’s Application, incorporated by reference in subsection 40E-3.038(3), F.A.C.
0188-QMQ	____ 8-03	Quarterly Report of Withdrawals, incorporated by reference in paragraph 40E-2.091(1)(a), F.A.C.
0188-MDQ	8-03	Monthly Report of Daily Withdrawals
0188-QASR	____ 8-03	Quarterly Report of Injections and Withdrawals for Aquifer Storage and Recovery (ASR) Wells, incorporated by reference in paragraph 40E-2.091(1)(a), F.A.C.
0188-QMON	____ 8-03	Quarterly Report of Monitoring Requirements, incorporated by reference in paragraph 40E-2.091(1)(a), F.A.C.
0188-QMQF	____ 8-03	Quarterly Report of Withdrawals from Wells and Surface Water Pumps, incorporated by reference in paragraph 40E-2.091(1)(a), F.A.C.
0188-QCROP	____ 8-03	Report of Planting and Harvest of Seasonal Crops, incorporated by reference in paragraph 40E-2.091(1)(a), F.A.C.
0188-QBWDR	____ 8-03	Quarterly Report of Bulk Water Delivered and Received, incorporated by reference in paragraph 40E-2.091(1)(a), F.A.C.
0195	6-91	Public Water Supply Well Information and Classification
0196	10-89	Water Well Inspection Scheduling Card
0444	12-11	No change.
0445	____ 8-03	Mining/Dewatering Permit Application (RC-1A, RC-1W, RC-1G), incorporated by reference in subsection 40E-2.101(3), F.A.C.
0483	____ 9-04	Request for Environmental Resource, Surface Water Management, Water Use or Wetland Resource Permit Transfer, incorporated by reference in subsection 40E-1.6107(1), F.A.C.
0645-W01	____ 8-03	Water Use Permit Application (RC-1A, RC-1W, RC-1G) , incorporated by reference in subsection 40E-2.101(1), F.A.C.
0645-G60	____ 8-03	Table A Descriptions of Wells, incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C.
0645-G61-1	____ 8-03	Table B Description of Surface Water Pumps, incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C.
0645-G61-2	____ 8-03	Table C Description of Culverts, incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C.
0645-G65	____ 8-03	Table D Crop Information, incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C.
0645-G74	____ 8-03	Table E Water Received From or Distributed to Other Entities, incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C.
0645-G69	____ 8-03	Table F Past Water Use & Table G Projected Water Use, incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C.
0645-G70	____ 8-03	Table H Projected Water Use (For Per Capita Greater than 200 GPD), incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C.
0645-G71	____ 8-03	Table I Water Treatment Method and Losses, incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C.
0645-G72	____ 8-03	Table J Aquifer Storage and Recovery, incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C.
0645-G73   0779	____ 8-03 01-01 5-5-92	Table K Water Supply System Interconnections, incorporated by reference in paragraph 40E-2.101(1)(a), F.A.C. Guidance for Preparing an Application for a “Works of the District” Permit in the Everglades/Application for a Works of the District Permit
0830	4-94	Special Use Application and License, incorporated by reference in subsection 40E-63.091(9), F.A.C.
0881A through 1024 1045       1105 thru 1106 1109	11-10         8-03	No change. Application for a C-139 Basin Pollutant Source Control Permit and Guidebook for Preparing an Application for a C-139 Basin Pollutant Source Control Permit, incorporated by reference in subsection 40E-63.430(2), F.A.C. No change. Water Use General Permit
1189 thru 1318 62-532.900(1)	10-07-10	No change. State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well, incorporated by reference in subsection 40E-3.101(1), F.A.C.
62-532.900(2)	10-07-10	State of Florida Well Completion Report, incorporated by reference in subsection 40E-3.411(1), F.A.C.

 

Rulemaking Authority 218.075, 373.044, 373.113, 373.4136, 373.416, 695.03, 704.06 FS. Law Implemented 218.075, 373.113, 373.4135, 373.4136, 373.416, 704.06 FS. History–New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90, Amended 7-26-87, 11-21-89, 1-4-93, Formerly 40E-1.901, Amended 5-11-93, 4-20-94, 10-3-95, 6-26-02, 8-14-02, 8-31-03, 9-16-03, 9-20-04, 2-12-06, 1-23-07, 8-7-07, 7-4-10, 12-15-11,________.

40E-1.711 Orders of Corrective Action and Consent Order Agreements.

(1) No change.

(2) Consent Order Agreement.

(a) A consent order agreement is final agency action wherein all parties and the District, by negotiation, have arrived at a resolution of alleged violations of law for the purpose of achieving full and expeditious compliance with Chapters 373 and 403, F.S., and District rules promulgated thereunder. A consent order agreement, executed by all parties to an enforcement action, shall have the same force and effect as a final order entered by the District after a formal Section 120.57, F.S., administrative hearing, and shall be enforced in like manner.

(b) The resolution of an enforcement action which requires only the payment of civil penalties and costs but no corrective action shall be memorialized by use of a letter agreement. Any other remedial action required, such as mitigation, restoration, or procurement of permits shall be implemented by use of a consent order agreement.

(c) Upon execution by the Chair of the Governing Board, or a duly authorized designee, and filing by the District Clerk, a consent order agreement shall constitute agency action subject to the provisions of Rule 40E-0.109 40E-1.511, F.A.C.

(3) No change.

Rulemaking Specific Authority 120.53, 373.044, 373.113 FS. Law Implemented 373.119, 373.129, 373.136, 373.430, 373.603 FS. History–New 5-11-93, Formerly 40E-1.614, Amended 10-3-95,________.

40E-1.715 Civil Penalty Calculation. 

(1) Consistency and equitable treatment are essential elements of the District’s enforcement guidelines. Therefore, the District has developed two a civil penalty matrices matrix (CPMs) for use in calculating appropriate civil penalties in enforcement actions. The Consumptive Use CPM, Form No. ______, is incorporated by reference herein and utilized for violations of into this chapter and Chapters 40E-2, 40E-3, 40E-4, 40E-5, 40E-20, and 40E-21 40E-40, 40E-41, 40E-61, 40E-63 and 40E-400, F.A.C. The Environmental Resource CPM, Form No.______, is incorporated by reference herein and utilized for violations of Chapters 40E-4, 40E-40, 40E-41, 40E-61, 40E-63, and 40E-400, F.A.C. Copies of the CPMs are also available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33405, 1(800)432-2045, ext. 6436, or [phone].

(2) The CPM is the initial basis for determining the appropriate amount for a particular penalty. The CPM reflects the District’s statutory authority under Section 373.129, F.S., to seek civil penalties of up to $10,000 per day, per violation. The CPM is comprised of two principle components:

(a) The actual or potential harm to the public and the environment that may occur as a result of the violation; and

(b) The extent of deviation from statutory or regulatory requirements.

(3) Because an economic advantage can be derived through avoidance of expenditures necessary to achieve compliance with District permitting rules and regulations, the District shall consider in its assessment of civil penalties any economic benefit which the violator may have gained through noncompliance.

(4) Multiple penalties shall be calculated for every violation which constitutes an independent and substantially distinguishable violation, or when the same person has violated the same requirement in substantially different locations.

(5) Multi-day penalties shall be calculated where daily advantage is being gained by the violator for an ongoing violation, computed by multiplying the original assessment amount by the number of days of noncompliance.

Rulemaking Specific Authority 120.53(1), 373.044, 373.113, 373.333(1) FS. Law Implemented 120.69, 373.129, 373.209(3), 373.430, 373.603 FS. History–New 10-3-95, Amended________.