The purpose and effect of the rulemaking is to correct the legal descriptions and maps and figures of the boundaries of the Southern Water Use Caution Area (SWUCA), the most impacted area of the SWUCA and the Northern Tampa Bay Water Use Caution ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-1.6105: Limiting Conditions
40D-1.659: Forms and Instructions

 

PURPOSE AND EFFECT: The purpose and effect of the rulemaking is to correct the legal descriptions and maps and figures of the boundaries of the Southern Water Use Caution Area (SWUCA), the most impacted area of the SWUCA and the Northern Tampa Bay Water Use Caution Area.

SUMMARY: Discrepancies have been discovered between the boundaries of the Southern Water Use Caution Area (SWUCA) as adopted by rule and the District’s Geographic Information System (GIS) feature classes representing the SWUCA. The discrepancies were investigated and it was determined that several corrections or clarifications should be made to the legal description, and maps and figures contained in and incorporated in Rules 40D-1.6105, 40D-1.659, 40D-2.091, 40D-2.101, 40D-2.351 and 40D-2.801, F.A.C., and Part B, Basis of Review, Water Use Permit Information Manual, including permit applications and forms.

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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.

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, 373.149, 373.171, 373.337 FS.

LAW IMPLEMENTED: 373.079(4)(a), 373.083, 373.083(5), 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.4135, 373.414, 373.416, 373.419, 373.421, 373.705, 373.707, 668.50 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

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: The Southwest Florida Water Management District, Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899, telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to ADACoordinator@swfwmd. state.fl.us. 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 RULES IS: Barbara Martinez, Office of General Counsel, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2011042)

THE FULL TEXT OF THE PROPOSED RULES IS:

40D-1.6105 Limiting Conditions.

(1) No change.

(2) A permit may be assigned to a subsequent owner subject to all terms and conditions contained in such permit upon notification in writing to the District of such assignment, provided ownership, lease, or other control of all such lands is conveyed to the assignee and further provided that the assignee, by accepting such assignment, does assume responsibility for complying with all such terms and conditions. To assign a permit, a subsequent owner must submit a Notification and Request for Transfer of Environmental Resource Permit, Form No. LEG-R.043.00 (4/09), incorporated by reference in subsection 40D-4.351(1), F.A.C., or an Application to Transfer a Water Use Permit, Form No. LEG-R.002.04 (__12)(4/09), incorporated by reference in subsection 40D-2.351(1), F.A.C., as appropriate, that includes the signature of the permittee(s) or a copy of the legally recorded deed(s) to all of the land covered by the permit. Copies of these forms may be obtained from the District’s website at www.watermatters.org or from the District offices.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.219, 373.413, 373.4135, 373.416 FS. History–Readopted 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly 40D-0.381, Amended 12-16-97, 8-25-02, 10-19-05, 11-25-07, 8-30-09, 11-2-09,________.

40D-1.659 Forms and Instructions.

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.watermatters.org.

(1) GROUND WATER

(a) through (f) No change.

(g) WELL VERIFICATION FOR ALL NON-DOMESTIC USE WELLS LOCATED IN THE MOST IMPACTED AREA OF THE SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.016.01 (  )(4/09), incorporated by reference in subsection 40D-3.101(1), F.A.C.

(h) SMALL GENERAL WATER USE PERMIT APPLICATION FORM NO. LEG-R.027.01 (  )(12/10), incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.

(i) GENERAL WATER USE PERMIT APPLICATION FORM NO. LEG-R.028.01 (  )(12/10), incorporated by reference in paragraph 40D-2.101(2)(b), F.A.C.

(j) INDIVIDUAL WATER USE PERMIT APPLICATION FORM NO. LEG-R.029.01 ( )(12/10), incorporated by reference in paragraph 40D-2.101(2)(a), F.A.C.

(k) through (s) No change.

(t) APPLICATION TO TRANSFER A WATER USE PERMIT, FORM NO. LEG-R.002.04 ( __)(4/09), incorporated by reference in subsection 40D-2.351(1), F.A.C.

(u) SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.007.02 (____)(4/09), incorporated by reference in subsection 40D-2.101(6), F.A.C.

(v) NET BENEFIT SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.010.01 (  )(4/09), incorporated by reference in paragraph 40D-2.101(6)(b), F.A.C.

(w) SOUTHERN WATER USE CAUTION AREA GROUND WATER REPLACEMENT CREDIT APPLICATION, FORM NO. LEG-R.011.01 (   )(4/09), incorporated by reference in paragraph 40D-2.101(6)(c), F.A.C.

(x) No change.

(y) Irrigation Water Use FORM – Annual Crops, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.017.01 (  )(4/09), incorporated by reference in paragraph 40D-2.091(2)(b), F.A.C.

(z) Irrigation Water Use FORM – Annual Recreational/Aesthetic/Golf, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.018.01 ( 12)(4/09), incorporated by reference in paragraph 40D-2.091(2)(c), F.A.C.

(aa) Irrigation Water Use FORM – Summer/Fall Seasonal, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.019.01 (   )(4/09), incorporated by reference in paragraph 40D-2.091(2)(d), F.A.C.

(bb) Irrigation Water Use FORM – Winter/Spring Seasonal, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.020.01 (   )(4/09), incorporated by reference in paragraph 40D-2.091(2)(e), F.A.C.

(cc) Application to Renew a Small General Water Use Permit for Agricultural Use, FORM NO. LEG-R.036.01 (     )(12/10), incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.

(dd) through (fff) No change.

(gg) WATER USE PERMIT APPLICATION – MINING AND DEWATERING MATERIALS OTHER THAN PHOSPHATE, FORM NO. LEG-R.048.00 ( )(8/09), incorporated by reference in paragraph 40D-2.101(2)(d), F.A.C.

(hh) through (mm) No change.

(2) through (3) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented 373.083, 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.705, 373.707, 668.50 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05(1) and (2), 10-19-05(5), 10-19-05(20), 2-6-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09, 1-27-10, 4-12-10, 4-27-10, 9-5-10, 9-12-10, 12-7-10, 1-16-11, 6-16-11,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Pettit, Senior Attorney

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 27, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 27, 2012