The South Florida Water Management District (SFWMD) gives notice that it is developing rules, as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-2.010: Review of Consumptive Use Permit Applications
40E-2.011: Policy and Purpose
40E-2.031: Implementation
40E-2.041: Permits Required
40E-2.051: Exemptions
40E-2.061: No-Notice General Permit by Rule
40E-2.091: Publications Incorporated by Reference
40E-2.101: Content of Application
40E-2.301: Conditions for Issuance of Permits
40E-2.321: Duration of Permit
40E-2.331: Modification of Permits
40E-2.341: Revocation of Permits
40E-2.351: Transfer of Permits
40E-2.381: Limiting Conditions
40E-2.451: Emergency Authorization
40E-2.501: Permit Classification

PURPOSE AND EFFECT: The South Florida Water Management District (SFWMD) gives notice that it is developing rules, as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP), minimum flows and levels, and water supply related programs of the WMDs. Procedural issues will also be addressed. This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida. SFWMD anticipates potential amendments to Chapters 40E-0, 40E-1, 40E-2, 40E-3, 40E-5, 40E-8, 40E-10, 40E-20, 40E-21, 40E-22, 40E-24, and the Basis of Review for Water Use Permit Applications within the South Florida Water Management District. These changes will address the goals of the DEP and the WMDs for this rulemaking, including: 1) making the consumptive use permitting program less confusing for applicants, particularly those who work in more than one District; 2) treating applicants equitably statewide; 3) providing consistent protection of the environment; 4) streamlining the permitting process; and, 5) incentivizing behavior that protects water resources, including conservation. Additional information about the statewide CUP consistency initiative and this rule development effort is available at DEP's website at: http://www.dep.state.fl.us/water/waterpolicy/ cupcon.htm.

SUBJECT AREA TO BE ADDRESSED: This rule development will address amendment, repeal, or development of rules needed to accomplish CUP consistency goals and is expected to include, but not be limited to, such topics as: 1) conditions for issuance of consumptive use permit applications; 2) technical permit application review criteria; 3) water conservation; 4) limiting conditions; 5) permit thresholds; 6) permit types; 7) permit duration; 8) modification of permits; 9) 10-year compliance reports; 10) compliance monitoring and forms; 11) application forms; 12) permit fees to address changes to permit thresholds or permit types; 13) procedural rules; and 14) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.

Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY: 120.54(5), 120.60, 373.044, 373.113, 373.118, 373.171, F.S.
LAW IMPLEMENTED: 120.54(5), 120.60, 373.036, 373.042, 373.0421, 373.103, 373.109, 373.118, 373.1501, 373.1502, 373.196, 373.203, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.2295, 373.232, 373.233, 373.236, 373.239, 373.244, 373.246, 373.249, 373.250, 373.470, F.S.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 21, 2012, immediately following the Chapter 62-40 rule workshop of the Florida Department of Environmental Protection, which is scheduled to begin at 9:00 a.m.

PLACE: PLACE: Florida Cattlemen’s Association, 800 Shakerag Road, Kissimmee, FL 34744

DATE AND TIME: August 22, 2012, immediately following the Chapter 62-40 rule workshop of the Florida Department of Environmental Protection, which is scheduled to begin at 9:00 a.m.

PLACE: South Florida Water Management District, Lower West Coast Service Center, Large Conference Rm., 2301 McGregor Blvd., Fort Myers, FL 33901

DATE AND TIME: August 23, 2012, immediately following the Chapter 62-40 rule workshop of the Florida Department of Environmental Protection, which is scheduled to begin at 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’s Office, 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Beth Ross, Esq., South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6257 or [phone], [e-mail], or Steven Memberg, Water Use Policy Principal Scientist, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 2133 or [phone], [e-mail]. For procedural questions, contact Jan Sluth, Sr. Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6299, or [phone], [e-mail]. Information regarding this rule development effort can be accessed at SFWMD’s website www.sfwmd.gov

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.