To amend rules to extend permit durations upon modification of a water use permit where the review of the application for modification is equivalent to a renewal application review.

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
40D-2.331: Modification of Permits
PURPOSE AND EFFECT: To amend rules to extend permit durations upon modification of a water use permit where the review of the application for modification is equivalent to a renewal application review.
SUMMARY: Under current District rules, permits that are modified during their permit term retain the existing expiration date as the majority of modifications involve only portions of the permitted activity and the entire activity is not reevaluated. However, in some cases, the modification is of such a magnitude that it essentially results in a total reevaluation of the permitted activity. When these types of modifications are limited to the existing permit term, this results in the staff and applicant performing another total reevaluation within only a few years time. In these cases, it is more efficient for both the District and the applicant to handle the modification as a full renewal, thereby extending the permit by a full permit term. A renewal permit fee will be assessed rather than a modification fee, and such a renewal is predicated upon a request by the applicant.
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, 373.118, 373.149, 373.171, 373.216, 373.249 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen A. Lloyd, Assistant General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.091 Publications Incorporated by Reference.

The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:

(1) Part B, “Basis of Review for Water Use Permit Applications” (_____) (1/07) and Part D, “Requirements for the Estimation of Permanent and Temporal Service Area populations in the Southern Water Use Caution Area (_____), of the Water Use Permitting Manual;

(2) through (6) No change.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07,_________.

 

40D-2.331 Modification of Permits.

(1) A permittee may seek modification of any of the terms and conditions of an unexpired permit except when the sole purpose is to modify the expiration date. However, upon request and documentation by the permittee, modification applications that are deemed by the District to be substantial, as described in Basis of Review Section 1.12 shall be processed as a renewal application with modification. A request for modification shall be reviewed in accordance with the rules in effect at the time the modification is filed.

(2) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.294 FS. Law Implemented 373.171, 373.239 FS. History– Readopted 10-5-74, Formerly 16J02.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07,________.

 

BASIS OF REVIEW AMENDMENTS:

1.9 PERMIT DURATION

The District typically issues permits in accordance with the following guidelines:

1. through 3. No change.

4. Permits that are modified prior to renewal will maintain the original expiration date unless the modification is deemed by the District to be substantial as described in the Basis of Review Section 1.12, and if requested by the applicant, shall be processed as a renewal application with modification extended as a result of the modification.

5. through 6. No change.

Revised _________

1.11 RENEWAL OF PERMITS

1. Applications for permit renewal may be made at any time within 1 year prior to permit expiration, except as provided in Basis of Review Section 1.12. Permittees are encouraged to apply for renewal at least 90 days prior to the expiration date. Permits for which renewal applications have been submitted that are under evaluation by the District shall remain in force past the expiration date until final action is taken by the District.

2. through 3. No change.

Revised ________

1.12 MODIFICATION OF PERMITS

1. Formal Modification.

a. The terms and conditions of a permit may be modified at any time during the term of a permit. Any proposed change in the terms or conditions of a permit (e.g., a change in a crop or acreage or the quantities needed) requires submittal of an application for modification. Ordinarily, only the modified aspects of the permit will be addressed in the evaluation of the application for modification. Therefore, in most cases the original expiration date will remain on a modified permit. However, if the modification is deemed to be substantial by the District, as described in the paragraph below, the applicant may request that it be addressed as a renewal application with modification. Applicants who wish to change a portion of their current permit may submit an application for modification or the District may require modification of a permit to address a problem with the existing permit.

b. An application to modify a permit shall be deemed by the District to be substantial if the amount of effort, time and materials required to be submitted to complete the application and the amount of effort, time and documentation required of District staff to evaluate the submission are similar to that required for a renewal application for the same permit. Upon request by the applicant, the District shall process the application for modification as a renewal application with modification notwithstanding that it is submitted prior to one year before the permit expiration date.

2. No change.

(For related rules on this issue, see Chapter 40D-2.331, F.A.C.)

Amended 1-1-07, Revised________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen A. Lloyd, Assistant General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 27, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 23, 2007