The St. Johns River Water Management District (SJRWMD) 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
St. Johns River Water Management District

RULE NO.: RULE TITLE:
40C-2.031: Implementation
40C-2.041: Permits Required
40C-2.042: General Permit by Rule
40C-2.051: Exemptions
40C-2.101: Publications Incorporated by Reference
40C-2.301: Conditions for Issuance of Permits
40C-2.302: Reservation of Water from Use
40C-2.311: Competing Applications
40C-2.321: Duration of Permit
40C-2.331: Modification of Permits
40C-2.351: Transfer of Permits
40C-2.361: Renewal of Permits
40C-2.381: Limiting Conditions
40C-2.401: Identification Tags
40C-2.501: Permit Classification
40C-2.900: Forms and Instructions

PURPOSE AND EFFECT: The St. Johns River Water Management District (SJRWMD) 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 (MFLs), and water supply related programs of the WMDs. This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida. This rule development will make appropriate rule amendments to SJRWMD’s Chapters 40C-1, 40C-2, 40C-20, 40C-21, 40C-22, and 40C-8, F.A.C., and the Applicant’s Handbook: Consumptive Uses of Water to address the following goals of the DEP and the WMDs for this rulemaking: (1) making the CUP rules less confusing for applicants; (2) treating applicants equitably statewide; (3) providing consistent protection of the environment; (4) streamlining the application and permitting process; and (5) incentivizing behavior that protects water resources, including water conservation. Additional information about the statewide CUP consistency initiative is available at DEP’s website at: www.dep.state.fl.us/water/waterpolicy/cupcon.htm.

SUBJECT AREA TO BE ADDRESSED: Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) annual allocation requirements and other rules needed to provide continuous reasonable assurance throughout the duration of a permit; (8) modification of permits; (9) 10-year compliance reports; (10) compliance monitoring and forms; (11)

application forms; (12) permit fees to address related changes to permit thresholds or permit types; (13) procedural rules in Chapter 40C-1, F.A.C.; (14) water shortage plan rules in Chapter 40C-21, F.A.C.; (15) minimum flows and levels (MFLs) rules in Chapter 40C-8, F.A.C.; and (16) 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 Workshops.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171, FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250, FS.

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

DATE AND TIME: August 10, 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: Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Thomas Mayton, Jr., Esq., St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], [e-mail] or Wendy Gaylord, Legal Administrative Assistant, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], [e-mail]

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