The proposed rulemaking will amend Rule 40D-21.275, F.A.C., to provide that the District will send a Notice of Water Shortage by regular U.S. mail to those Permittees whose permits will be affected or whose permitted water use will otherwise be ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-21.275: Implementing a Water Shortage Declaration

PURPOSE AND EFFECT: The proposed rulemaking will amend Rule 40D-21.275, F.A.C., to provide that the District will send a Notice of Water Shortage by regular U.S. mail to those Permittees whose permits will be affected or whose permitted water use will otherwise be restricted by a Water Shortage Declaration. The effect of the rulemaking is to make the District’s rule consistent with the requirements of statute.

SUMMARY: Section 373.246(6), FS., requires a water management district to “notify each permittee in the district by regular mail of any change in the condition of his or her permit, or any suspension of his or her permit or of any other restriction on the permittee’s use of water” upon the issuance of a Water Shortage Declaration. The proposed rulemaking will amend Rule 40D-21.275, F.A.C., to provide that the District will send a Notice of Water Shortage by regular U.S. mail to those Permittees whose permits will be affected or whose permitted water use will otherwise be restricted by a Water Shortage Declaration. Previously, the District sent a Notice of Water Shortage to all Permittees in an area affected by a Water Shortage Declaration. The rulemaking is necessary to make the District’s rule consistent with the requirements of statute.

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 amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification or submittal of a SERC.

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 FS.

LAW IMPLEMENTED: 373.175, 373.246 FS.

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

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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899, telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702, TDD (FL only) 1(800)231-6103 or email to ADACoordinator@ swfwmd.state.fl.us. 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: Sonya White, Southwest Florida Water Management District, Office of General Counsel, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (ext. 4660) (OGC #2012012)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-21.275 Implementing a Water Shortage Declaration.

(1) through (2) No change.

(3) The District shall send a Notice of Water Shortage by regular mail to each Permittee whose permit will be affected or whose permitted water use will otherwise be restricted by the Water Shortage declaration located in the affected area.

(4) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 11-19-84, Amended 4-9-06, 7-5-12,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Pettit, Staff Attorney, Office of General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 31, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 17, 2012