The purpose and effect of the rule development is to delete from Chapter 40C-22, F.A.C., the delegations to District staff that authorize staff to inform applicants submitting notices of intent to use a noticed general permit if the proposed ...

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

Rule No.: RULE TITLE
40C-22.001: Policy and Purpose
PURPOSE AND EFFECT: The purpose and effect of the rule development is to delete from Chapter 40C-22, F.A.C., the delegations to District staff that authorize staff to inform applicants submitting notices of intent to use a noticed general permit if the proposed consumptive use does not qualify for a noticed general permit. Amendments to Sections 373.083(5) and 373.118(5), F.S., enacted in 2010, provide that delegations are not subject to rulemaking. Regulatory delegations regarding consumptive use permits will be described solely in the Statement of Agency Organization and Operation, available on the District’s website at floridaswater.com.
SUBJECT AREA TO BE ADDRESSED: The rule development concerns the delegation of authority to District staff to notify an applicant that a proposed consumptive use does not qualify for a noticed general permit.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.083, 373.118 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 15, 2010, 10:00 a.m.
PLACE: Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Wendy Gaylord, Rules Coordinator, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], or [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40C-22.001 Policy and Purpose.

(1) The District has determined that certain minor consumptive uses, either singly or cumulatively, have a minimal adverse impact on the water resources of the District. This chapter’s purpose is to provide noticed general consumptive use permits for those certain minor consumptive uses. Persons using a noticed general permit under this chapter shall be subject to the notice provisions of Rule 40C-1.1012, F.A.C., before the first consumptive use is conducted as authorized herein. Compliance with the limiting conditions of the noticed general permit is required to qualify for a noticed general permit under this chapter.

(2) For notices of intent to use a noticed general permit under this chapter which are received and reviewed by a permitting office, the Governing Board appoints the Directors and Assistant Directors of the permitting offices as its agents for the purposes of reviewing these notices and informing the applicant, pursuant to Rule 40C-1.1012, F.A.C., if the proposed consumptive use does not qualify for a noticed general permit. Any individual listed in subsection 40C-22.001(3), F.A.C., may act on behalf of the Directors and Assistant Directors of the permitting offices.

(3) For notices of intent to use a noticed general permit under this chapter which are received and reviewed by the headquarters office, the Governing Board appoints the Executive Director, Assistant Executive Director, Deputy Assistant Executive Director, Director of the Department of Resource Management, Assistant Directors of the Department of Resource Management, Directors of the Service Centers, and the Director of the Division of Consumptive Use Permitting, as its agents for the purposes of reviewing these notices and informing the applicant, pursuant to Rule 40C-1.1012, F.A.C., if the proposed consumptive use does not qualify for a noticed general permit.

Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS. History–New 4-25-96, Amended 10-2-96,________.