To repeal Chapter 40E-23, F.A.C., and that portion of Section 3.2.3 of the Basis of Review for Water Use Applications within the South Florida Water Management District which refers to Chapter 40E-23, F.A.C., because these rules are unnecessary ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-23.011: Policy and Purpose
40E-23.021: Definitions
40E-23.023: Boundaries
40E-23.031: Implementation
40E-23.043: Application
40E-23.053: Criteria for Designation
PURPOSE AND EFFECT: To repeal Chapter 40E-23, F.A.C., and that portion of Section 3.2.3 of the Basis of Review for Water Use Applications within the South Florida Water Management District which refers to Chapter 40E-23, F.A.C., because these rules are unnecessary given the requirement to perform an end user feasibility evaluation contained in Section 3.2.3.2 of the Basis of Review.
SUMMARY: To repeal unnecessary rule chapter.
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 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:
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, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.223, 373.229, 373.250 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 12, 2012, 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: 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: Paulette Glebocki, Hydrogeologist – Lead, Water Use Bureau, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone [phone], ext. 6941 or [phone] or by email to [e-mail]. For procedural questions, please contact Kathie Ruff, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone [phone], ext. 6320 or [phone] or by email to [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-23.011 Policy and Purpose.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.103(1), 373.216-.249, 403.064(1) FS. History–New 11-17-91, Repealed________.

 

40E-23.021 Definitions.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History–New 11-17-91, Repealed________.

 

40E-23.023 Boundaries.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History–New 11-17-91, Repealed________.

 

40E-23.031 Implementation.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History–New 11-17-91, Repealed________.

 

40E-23.043 Application.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History–New 11-17-91, Amended 7-11-96, 4-9-97, 12-10-97, Repealed________.

 

40E-23.053 Criteria for Designation.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History–New 11-17-91, Amended 7-11-96, 4-9-97, 12-10-97, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven Memberg, P. G., Water Use Policy Principal Scientist, Water Use Bureau; Phone [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 11, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 7, 2011