The District proposed to amend its Water Use Permit (WUP) rules to refine the permit category now informally known as “Small General” WUPs and to incorporate the term, “Small General,” into existing rules. Amendments are proposed primarily to ...  


  • RULE NO: RULE TITLE
    40D-1.607: Permit Processing Fee
    40D-1.659: Forms and Instructions
    PURPOSE AND EFFECT: The District proposed to amend its Water Use Permit (WUP) rules to refine the permit category now informally known as “Small General” WUPs and to incorporate the term, “Small General,” into existing rules. Amendments are proposed primarily to Chapter 40D-2, F.A.C., and the District’s Water Use Permit Information Manual Part B, Basis of Review. However, as part of this effort, amendments are also proposed for Rule 40D-1.607, F.A.C., to incorporate the term, “Small General WUP.” The effect will be to specify the application fees for what will now be known formally as a “Small General WUP.” Amendments are also proposed to Rule 40D-1.659, F.A.C., to move the list or irrigation water use forms currently incorporated by reference in Rule 40D-2.091, F.A.C., which rule is intended to list documents incorporated by reference, to Rule 40D-1.659, F.A.C., which lists all District forms incorporated by reference. The effect of this amendment is to incorporate the forms used for reporting irrigation water use into the correct rule and establish a new form number for each form.
    SUMMARY: Rule 40D-1.607, F.A.C., is amended to use the term, “Small General WUP” instead of “general permit (withdrawal less than 100,000 gpd).” Rule 40D-1.659, F.A.C., is amended to incorporate by reference the District’s irrigation water use forms used for reporting annual and seasonal plant irrigation and recreation/aesthetic/golf course irrigation in the Southern Water Use Caution Area.
    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: 373.044, 373.113, 373.149, 373.171, 373.337 FS.
    LAW IMPLEMENTED: 373.109, 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.421(2), 668.50 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, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651

    THE FULL TEXT OF THE PROPOSED RULE IS:

    40D-1.607 Permit Processing Fee.

    A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to qualify for a permit with a lower fee or not require a permit. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The District's permit application processing fees are as follows:

    (1) through (6) No change.

    (7) Water use permit application fees shall be as follows:

    (a) through (h) No change.

    (i) Chapter 40D-2, F.A.C., Small Ggeneral Ppermit new (withdrawal less than 100,000 average gpd) $50.00.

    (j) Chapter 40D-2, F.A.C., Small Ggeneral Ppermit renewal (withdrawal less than 100,000 average gpd) $35.00.

    (k) Chapter 40D-2, F.A.C., Small Ggeneral Ppermit modification (withdrawal less than 100,000 average gpd) $15.00.

    (l) No change.

    (8) through (11) No change.

    Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2) FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00, 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08,__________.

     

    40D-1.659 Forms and Instructions.

    The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter. Copies of these forms may be obtained from the District.

    GROUND WATER

    (1) through (26) No change.

    (27) Irrigation Water Use FORM – Annual Crops, SOUTHERN WATER USE CAUTION AREA

    FORM NO. LEG-R.017.00 (____)

    (28) Irrigation Water Use FORM – Annual Recreational / Aesthetic / Golf, SOUTHERN WATER USE CAUTION AREA

    FORM NO. LEG-R.018.00 (____)

    (29) Irrigation Water Use FORM – Summer/Fall Seasonal, SOUTHERN WATER USE CAUTION AREA

    FORM NO. LEG-R.019.00 (____)

    (30) Irrigation Water Use FORM – Winter/Spring Seasonal, SOUTHERN WATER USE CAUTION AREA

    FORM NO. LEG-R.020.00 (____)

    SURFACE WATER

    (1) through (15) No change.

    OTHER

    (1) No change.

    Specific Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00,10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05, 2-6-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08,________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2008
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 13, 2008

Document Information

Comments Open:
9/12/2008
Summary:
Rule 40D-1.607, F.A.C., is amended to use the term, “Small General WUP” instead of “general permit (withdrawal less than 100,000 gpd).” Rule 40D-1.659, F.A.C., is amended to incorporate by reference the District’s irrigation water use forms used for reporting annual and seasonal plant irrigation and recreation/aesthetic/golf course irrigation in the Southern Water Use Caution Area.
Purpose:
The District proposed to amend its Water Use Permit (WUP) rules to refine the permit category now informally known as “Small General” WUPs and to incorporate the term, “Small General,” into existing rules. Amendments are proposed primarily to Chapter 40D-2, F.A.C., and the District’s Water Use Permit Information Manual Part B, Basis of Review. However, as part of this effort, amendments are also proposed for Rule 40D-1.607, F.A.C., to incorporate the term, “Small General WUP.” The effect will ...
Rulemaking Authority:
373.044, 373.113, 373.149, 373.171, 373.337 FS.
Law:
373.109, 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.421(2), 668.50 FS.
Contact:
Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
Related Rules: (2)
40D-1.607. Permit Processing Fee
40D-1.659. Forms and Instructions