The purpose and effect of this rulemaking is to make District permit application processing rules more consistent with respect to use of the term, “District,” and to conform such rules to recent statutory amendments relating to the processing of ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-1.1003: Time for Consideration of a Petition for an Emergency Variance or Waiver
40D-1.1010: Point of Entry into Proceedings
40D-1.600: Permit Applications - General and Noticed General Permits
40D-1.604: Bonds
40D-1.6105: Limiting Conditions
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to make District permit application processing rules more consistent with respect to use of the term, “District,” and to conform such rules to recent statutory amendments relating to the processing of permit applications.
SUMMARY: Rule 40D-1.600, F.A.C., which required general environmental resource permits concurrently reviewed with an application for a proprietary authorization deemed to be of heightened public concern to be issued by the Governing Board, is repealed. Rules 40D-1.604 and 40D-1.1003, F.A.C., are amended to replace the word “Board” with the word “District.” Rule 40D-1.6105, F.A.C., is amended to replace the word “Board” with the word “District” and to correct a citation to a District permitting form. Paragraph 40D-1.1010(2)(a), F.A.C., is amended to apply to all final agency action taken by the District, whether by staff or the Governing Board.
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: 120.54(5), 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 120.54(5), 120.60, 253.115, 373.079(4)(a), 373.083(5), 373.085, 373.216, 373.219, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.421, 373.426, 373.427 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: Martha A. Moore, Senior Attorney, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], ext. 4660

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.600 Permit Applications – General and Noticed General Permits.

(1) General Permits issued pursuant to Sections 373.118 and 373.414, F.S., under Chapters 40D-2, 40D-4, and 40D-40, F.A.C., are issued by staff except when the application is concurrently reviewed with an application for a proprietary authorization that is deemed to be of heightened public concern pursuant to 18-21.0051(4), F.A.C., or denied in which case final action is taken by the Governing Board.

(2) Noticed General Permits are issued or denied by staff.

Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.118 FS. History–New 10-1-84, Amended 12-22-94, 7-2-98, 9-26-02, 9-25-07, Repealed________.

 

40D-1.604 Bonds.

(1) The District Board may require the applicant for a permit to furnish a bond made payable to the District and its successors, with a reputable bonding corporation authorized to do business in this State as surety, conditioned upon full compliance with the terms of the permit. The amount of the bond shall be in such amount as the District Board shall determine to be adequate.

(2) In the alternative to subsection (1), the District Board may require liability insurance in such amount as the District Board shall determine endorsed in favor of the District or a hold harmless agreement satisfactory to the District Board.

(3) The District Board may require that such bond or liability insurance be maintained as a condition of the continued validity of the permit.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.085, 373.413, 373.416 FS. History–Readopted 10-5-74, Formerly 16J-0.13, 40D-1.391, 40D-1.1900, Amended 6-5-05,________.

 

40D-1.6105 Limiting Conditions.

(1) No change.

(2) A permit may be assigned to a subsequent owner subject to all terms and conditions contained in such permit upon notification in writing to the District Board of such assignment, provided ownership, lease, or other control of all such lands is conveyed to the assignee and further provided that the assignee, by accepting such assignment, does assume responsibility for complying with all such terms and conditions. To assign a permit a subsequent owner must submit a Notification and Request for Transfer of Environmental Resource Permit Form No. LEG-R.043.00 (4/09) 04-10R-022 (7/01) or an Application to Transfer a Water Use Permit, Form No. LEG-R.002.03 (09/07), as appropriate, that includes the signature of the permittee(s) or a copy of the legally recorded deed(s) to all of the land covered by the permit. Copies of these forms may be obtained from the District.

(3) If only a part of such lands is so conveyed, or if the ownership, lease, or other legal control is divided, such permit shall immediately terminate unless the terms of the permit are modified by the District Board or the permit is transferred pursuant to District rules.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.219, 373.413, 373.416 FS. History–Readopted 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly 40D-0.381, Amended 12-16-97, 8-25-02, 10-19-05, 11-25-07,________.

 

40D-1.1003 Time for Consideration of a Petition for an Emergency Variance or Waiver.

The District Governing Board shall grant or deny a petition for a variance or waiver within 45 days of its receipt by the District.

Rulemaking Specific Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 373.079(4)(a), 373.083(5), 120.54(5) FS. History–New 7-2-98,________.

 

40D-1.1010 Point of Entry into Proceedings.

(1) No change.

(2)(a) “Written notice” as set forth in Rule 28-106.111, F.A.C., means either receipt of actual written notice that the District has taken or intends to take final agency action, or publication of notice that the District has taken or intends to take final agency action. If final agency the District’s Governing Board takes action which materially differs from a written notice of the District’s intended action, persons who may be substantially affected shall have an additional 21 days, or for a notice of consolidated intent an additional 14 days, from the date of receipt or publication of notice of such action to request an administrative hearing. Such requests for an administrative hearing shall only address those aspects of the agency action which differ from the proposed agency action.

(b) No change.

(3) through (6) No change.

Rulemaking Specific Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 120.60, 253.115, 373.079(4)(a), 373.083(5), 373.216, 373.219, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.421, 373.426, 373.427 FS. History– New 7-2-98, Amended 11-2-08,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 23, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 31, 2009