To amend Rule 40E-3.035, Florida Administrative Code, to incorporate by reference, the following documents: 1) the water well delegation agreements with Lee County and the Broward, Glades, Highlands, Miami-Dade, Orange, Osceola, Polk, and Palm Beach ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-3.035: Agreements
PURPOSE AND EFFECT: To amend Rule 40E-3.035, Florida Administrative Code, to incorporate by reference, the following documents: 1) the water well delegation agreements with Lee County and the Broward, Glades, Highlands, Miami-Dade, Orange, Osceola, Polk, and Palm Beach County Health Departments to delegate the implementation of the water well regulatory program; 2) the first amendments to the delegation agreements with the City of Cape Coral, Collier County, and the Hendry, Martin, Okeechobee, Osceola, and St. Lucie County Health Departments to reaffirm and update the permitting, compliance and enforcement responsibilities; and, 3) the second amendments to the delegation agreements with the Martin, Okeechobee, and St. Lucie County Health Departments to include a provision concerning legal support.
SUMMARY: To incorporate by reference the Delegation Agreements of the Water Well Regulatory Program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.103, 373.308, 373.309, 373.323, 373.324, 373.326, 373.329, 373.333 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 15, 2010, 9:00 a.m.
PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
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 South Florida Water Management District Clerk at 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 IS: James Harmon, Director, Water Use Regulation Division, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, Telephone [phone], ext. 6777 or [phone], email: [e-mail], or Lindy Cerar, Senior Hydrogeologist, South Florida Water Management District, P.O. Box 24680, West Palm Beach, FL 33416-4680, Telephone [phone], ext. 2886 or [phone], email: [e-mail]. For procedural questions or to obtain copies of the materials incorporated by reference, contact: Kathie Ruff, Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, Telephone [phone], ext. 6320 or [phone], email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-3.035 Agreements.

The Governing Board hereby incorporates by reference the following documents, which 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, [phone], ext. 2087, or [phone]:

(1) “Delegation Agreement between South Florida Water Management District and Lee County,” dated September 13, 2005. “Agreement between Lee County and South Florida Water Management District dated January 9, 1985.

(2) “Delegation Agreement between South Florida Water Management District and Miami-Dade County Health Department”, dated August 10, 2005. “Agreement between Dade County and South Florida Water Management District,” dated January 31, 1985.

(3) “Agreement between Collier County and South Florida Water Management District,” dated February 5, 1985; “Amendment to the Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Collier County,” dated May 11, 2005.

(4) “Agreement between the City of Cape Coral and South Florida Water Management District,” dated October 10, 1986; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and the City of Cape Coral,” dated August 10, 2005.

(5) “Agreement between the Martin County Health Department and South Florida Water Management District,” dated June 12, 1998; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Martin County Health Department,” dated April 18, 2005; “Second Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Martin County Health Department,” dated May 13, 2010.

(6) “Agreement between the Osceola County Health Department and South Florida Water Management District,” dated February 11, 1999; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Osceola County Health Department,” dated April 18, 2005.

(7) “Agreement between the St. Lucie County Health Department and South Florida Water Management District,” dated April 13, 2000; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and St. Lucie County Health Department,” dated May 11, 2005; “Second Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and St. Lucie County Health Department,” dated May 13, 2010.

(8) “Agreement between the Hendry County Health Department and South Florida Water Management District,” dated September 14, 2000; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Hendry County Health Department,” dated April 18, 2005.

(9) “Agreement between the Okeechobee County Health Department and South Florida Water Management District,” dated April 11, 2002; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Okeechobee County Health Department,” dated April 18, 2005, “Second Amendment to the Water Well Permit Program Delegation Agreement between South Florida Water Management District and Okeechobee County Health Department,” dated May 13, 2010.

(10) “Water Well Construction Permit Program Delegation Agreement between the South Florida Water Management District and Glades County Health Department,” dated May 11, 2005.

(11) “Delegation Agreement between the South Florida Water Management District and Orange County Health Department,” dated May 11, 2005.

(12) “Delegation Agreement between South Florida Water Management District and Osceola County and Polk County Health Departments,” dated May 11, 2005.

(13) “Delegation Agreement between South Florida Water Management District and Palm Beach County Health Department,” dated May 11, 2005.

(14) “Delegation Agreement between South Florida Water Management District and State of Florida Department of Health, Broward County Health Department,” dated June 8, 2005.

(15) “Delegation Agreement between South Florida Water Management District and Highlands County Health Department,” dated May 13, 2010.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.308, 373.309, 373.323, 373.324, 373.326, 373.329, 373.333 FS. History–New 3-16-05, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: James Harmon, Director, Water Use 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: March 11, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 26, 2010