To update the District's rules to ensure that its rules are correct and comply with statutory requirements, in accordance with s. 120.74, F.S. Specifically, the amendments: 1) update references to repealed rules; 2) update titles of agency positions;...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-20.010: Review of General Water Use Permit Applications
40E-20.061: Delegation of Authority Pertaining to General Water Use Permits
40E-20.091: Publications Incorporated by Reference
40E-20.101: Content of General Water Use Permit Applications
40E-20.301: Conditions for Issuance of General Water Use Permits
40E-20.321: Duration of General Water Use Permits

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statutory requirements, in accordance with Section 120.74, F.S. Specifically, the amendments: 1) update references to repealed rules; 2) update titles of agency positions; 3) update rules to comply with Section 120.55(1)(a)5., regarding incorporation of materials by reference; and remove references to basin expiration dates that have passed.

In addition, the amendments update the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District”, incorporated by reference in Rule 40E-2.091, F.A.C., as follows: 1) update references to repealed rules; 2) update delegation pursuant to Section 373.079(4) and (5), F.S.; 3) clarify types of permits; 4) correct typographical errors; 5) delete sections regarding basin expiration dates; 6) update rules to reflect compliance reports should be submitted every 10 years rather than 5, in accordance with Section 373.236(3), F.S.; 7) change definition of “Xeriscape” to “Florida Friendly Landscaping” pursuant to Section 373.185, F.S.; 8) update name of map; 9) move Figure 3-4 and relabel Figures 3-5 and 3-6; 10) update rules to incorporate forms in accordance with Section 120.55(1)(a)4. and 5., F.S.; 11) add ePermitting option to be consistent with other rules; and 12) delete outdated contact information.

SUBJECT AREA TO BE ADDRESSED: General water use permits

RULEMAKING AUTHORITY: 120.54(5), 120.60, 373.044, 373.113, 373.118, 373. 171, F.S.

LAW IMPLEMENTED: 120.54(5), 120.60, 373.118, 373.042, 373.0421, 373.103, 373.118, 373.1501, 373.1502, 373.171, 373.219, 373.223, 373.229, 373.2295, 373.470, F.S.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, [phone] (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], [phone], 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], [phone], ext. 6299, or [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-20.010 Review of General Water Use Permit Applications.

General Water Use permit applications are processed pursuant to the provisions of Section 120.60, F.S., Part VI of and Chapters 40E-1, F.A.C., and 28-106 Chapter 28-107, F.A.C.

Rulemaking Specific Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History–New 7-2-98, Amended 8-14-02,________.

40E-20.061 Delegation of Authority Pertaining to General Water Use Permits.

The Governing Board delegates to the Executive Director the authority to issue general water use permits under this chapter pursuant to Section 373.118, F.S. The Executive Director hereby executes such delegated authority through the Chief Director and supervisors of the Bureau Division that reviews water use permit applications.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118 FS. History–New 8-14-02, Amended________.

40E-20.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – March 18, 2010,” and associated forms incorporated by reference in paragraph 40E-2.091(1)(a), F.A.C., are applicable and referenced throughout this chapter is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.171, 373.223, 373.229 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10,________.

40E-20.101 Content of General Water Use Permit Applications.

(1) Except in those circumstances detailed in subsection (4) below, an application for a General Water Use permit shall be filed with electronically at www.sfwmd.gov.ePermitting, or at the South Florida Water Management District Regulation Reception Desk, 3301 Gun Club Road, West Palm Beach, FL 33406, or at any of the District’s Service Centers. The addresses and phone numbers of the District’s Service Centers are online at www.sfwmd.gov, “Locations.”  Water Use Permit Application, Form No. 0645-W-01, which is incorporated by reference in subsection 40E-2.101(1), F.A.C., shall be filed with the District prior to commencement of any use of water authorized in this chapter. The application for all General Water Use Permits shall contain: with the District. 

(a) through (d) No change.

(2) Applicants for a Standard General Water Use Permit under subsection 40E-20.302(1), F.A.C., shall submit Form No. 0645-W01, Water Use Permit Application, __(date)    , __(hyperlink), and shall include the following forms, if applicable:

(a) Form No. 0645-G60, Table A Description of Wells, __(date)___, (hyperlink), for permits with wells;

(b) Form No. 0645-G61-1, Table B Description of Surface Water Pumps, __(date)___, (hyperlink), for permits with pumps;

(c) Form No. 0645-G61-2, Table C Description of Culverts, __(date)___, (hyperlink), for permits with irrigation culverts;

(d) Form No. 0645-G65, Table D Crop Information, __(date)___, (hyperlink), for agricultural permits;

(e) Form No. 0645-G74, Table E Water Received From or Distributed to Other Entities, __(date)___, (hyperlink), (2)              for public water supply permits;

(f) Form No. 0645-G69, Table F Past Water Use & Table G Projected Water Use, __(date)___, (hyperlink), for public water supply permits;

(g) Form No. 0645-G70, Table H Projected Water Use, __(date)___, (hyperlink), for public water supply permits;

(h) Form No. 0645-G71, Table I Water Treatment Method and Losses, __(date)___, (hyperlink), for public water supply permits;

(i) Form No. 0645-G72, Table J Aquifer Storage and Recovery, __(date)___, (hyperlink), for public water supply permits; and

(j) Form No. 0645-G73, Table K Water Supply System Interconnections, _(date)___, (hyperlink), for public water supply permits.

file the following parts of Form 0645 – Water Use Permit Applications, as incorporated by reference in Rule 40E-1.659, F.A.C.

(a) Part RC-1A Administrative Information for Water Use Permit Applications, and

(b) Part RC-1W Application for a Water Use permit (all Standard General Water Use Permits) or Part RC-1G Application for a General Water Use Permit (Standard General Water Use Permits with recommended maximum allocations < 3 million gallons per month).

(3) Applicants for a Dewatering Water Use General Permit under subsection 40E-20.302(2), F.A.C. shall electronically file or file with the District Form 0445, _____(date)   , __(hyperlink)______, Mining/Dewatering Permit Application (RC-1A, RC-1W, RC-1G), incorporated by reference herein in Rule 40E-1.659, F.A.C.

(4) Applicants are not required to file an application to qualify for a No-Notice Short-Term Dewatering Permit, if the conditions of Rule 40E-20.301 and subsection 40E-20.302(3), F.A.C., are satisfied.

(5) Copies of the forms referenced above are 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].

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103(1), 373.219, 373.223, 373.229 FS. History– New 8-14-02, Amended 8-31-03(2), 8-31-03(3),________.

40E-20.301 Conditions for Issuance of General Water Use Permits. 

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

(i) Is in accordance with the established minimum flows and levels (MFL) and implementation provisions in Chapter 373, F.S., Chapters 40E-2 and 40E-8, F.A.C.; and

(j) through (k) No change.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.036, 373.042, 373.103(4), 373.1501, 373.1502, 373.223, 373.229, 373.2295, 373.470 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, 7-2-09,________.

40E-20.321 Duration of General Water Use Permits.

(1) No change.

(2) The duration of the general water use permit authorized in subsection 40E-20.302(1), F.A.C., shall not exceed the following time periods:

(a) No change.

(b) For uses with a maximum monthly allocation greater than 3 mgm (up to 15 mgm), authorized by a Major Standard General Water Use Permit, the period shall not exceed the basin expiration date as specified in the document described in Rule 40E-20.091, F.A.C., as applicable to the location of the project; or, for Major Standard General Water Use Permits issued, renewed or modified after the applicable basin expiration date, the period shall be based on the provisions in Rule 40E-2.321, F.A.C., and the applicable provisions in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District”, incorporated by reference in Rule 40E-20.091, F.A.C.

(3) through (6) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.236 FS. History–New 9-3-81, Formerly 16K-2.031(2)(j), 16K-2.032(2)(d), Amended 7-26-87, 4-20-94, 8-14-02, 8-31-03, 4-23-07, 2-13-08,________.