The purpose and effect of this rulemaking is to incorporate by reference the Well Construction Permitting Agreements Between the Southwest Florida Water Management District and Sarasota County, Manatee County, and the Florida Department of Health in ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-1.002Delegation of Authority

PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to incorporate by reference the Well Construction Permitting Agreements Between the Southwest Florida Water Management District and Sarasota County, Manatee County, and the Florida Department of Health in Marion County, which were recently approved by the District’s Governing Board. These Agreements memorialize and continue the long-standing delegation by the District of the well construction permitting program in Sarasota, Manatee, and Marion Counties. The Agreements are effective June 1, 2016, and expire May 31, 2021, unless terminated earlier. The amendment of this rule to incorporate these Agreements by reference maintains the regulatory status quo for well construction permitting in Sarasota, Manatee and Marion Counties.

SUMMARY: Delegation of Authority

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 amendment. 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, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309 FS.

LAW IMPLEMENTED: 253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308, 373.309, 373.427 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rose Crampton, SWFWMD, 7601 U.S. Highway 301 North, Tampa, FL 33637. [phone], ext 4657 (OGC# 2016017)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-1.002 Delegation of Authority.

(1) through (2) No change.

(3) The Governing Board hereby incorporates by reference the following documents, copies of which may be obtained from the District’s website at www.WaterMatters.org/permits/wellconstruction or from the Southwest Florida Water Management District, Document Services Section, 2379 Broad Street, Brooksville, Florida 34604-6899:

(a) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Manatee County, effective June 1, 20160, available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-07262).

(b) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Sarasota County, effective June 1, 20160, available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-07263).

(c) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Florida Department of Health Marion County Health Department, effective June 1, 2016 October 1, 2009, and amendment, effective October 1, 2011, available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-07264).Gateway/reference.asp?No=Ref-00714.

Rulemaking Authority 373.044, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309 FS. Law Implemented 253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308, 373.309, 373.427 FS. History–New 3-1-84, Amended 3-10-96, 7-22-99, 12-2-99, 9-26-02, 7-20-04, 10-19-05, 5-21-06, 7-13-06, 12-24-07, 5-12-08, 12-7-09, 7-22-10, 12-7-10, 12-4-11, 6-29-14, 2-18-15,_______ .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adrienne E. Vining, 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: May 24, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 07/05/16