The Suwannee River Water Management District (District) gives notice of proposed rulemaking to amend rules 40B-1.703, 40B-1.704, 40B-1.706, and 40B-1.709, F.A.C. The purpose of this rulemaking is to correct rule citations ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-1.703Procedures for Consideration of Permit Applications

40B-1.704Bond

40B-1.706Fees

40B-1.709Suspension, Revocation, and Modification of District Permits

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice of proposed rulemaking to amend Rules 40B-1.703, 40B-1.704, 40B-1.706, and 40B-1.709, F.A.C. The purpose of this rulemaking is to correct rule citations and a misspelling, align procedural rules with agency delegated authorities, and assign a lower cost application fee for minor modifications of Works of the District permits as set forth in Rule 40B-4.1110, F.A.C. The effect will be more understandable rules that reflect agency procedures, and lower regulatory costs.

SUMMARY: General and procedural rules

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: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” forms and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” forms and summary and the analysis performed by the District, the proposed rule amendments are not expected to require legislative ratification pursuant to Section 120.541(3), F.S.

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, 373.083, 373.109, 373.113, 373.118, 373.171, 373.4141 FS.

LAW IMPLEMENTED: 120.57, 120.59, 120.60, 218.075, 373.084, 373.085, 373.086, 373.103, 373.106, 373.116, 373.118, 373.119, 373.219, 373.229, 373.313, 373.413, 373.414, 373.416, 373.426, 373.429 FS.

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

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: SRWMD at [phone] or 1(800)226-1066 (FL only). 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: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only).

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-1.703 Procedures for Consideration of Permit Applications.

(1) General Permits.

(a) through (c) no change.

(d) General permits by rule, as defined in rule 40B-2.041, F.A.C., are a category of general permits for activities which have established standards and conditions for issuance of permits in district rules. A permit application is not required for any use that meets the requirements of rule 40B-2.041, F.A.C. 40B-24.041, F.A.C., and is thereby considered to be an existing legal use user of water.

(2) Individual Permits.

(a) through (b) no change.

(c) The Governing Board hereby delegates authority to the Executive Director or their designee Assistant Executive Director to issue individual environmental resource permits that require no special limiting conditions or that require only the following special limiting conditions pursuant to subsection 40B-4.1140(1), Florida Administrative Code (F.A.C.), under chapters 40B-4 and 40B-400, F.A.C.:

1. Permits that identify non-profit associations as operation and maintenance entities under subsection 40B-4.2035(3), F.A.C.; or

2. Permits that require the following documents to be recorded in legal records:

a. Final plats; and

b. Deed restrictions; and

c. Drainage easements.

unless Unless objection to the permit application or the notice of application proposed agency action is made according to statute and these rules by a substantially affected person, the Executive Director or Assistant Executive Director shall either issue the permit or place the application on the agenda of the next regularly scheduled meeting of the Governing Board.

(3) no change.

Rulemaking Authority 373.044, 373.083, 373.113, 373.118, 373.171, 373.4141 FS. Law Implemented 120.57, 120.59, 120.60, 373.084, 373.085, 373.086, 373.106, 373.116, 373.118, 373.229, 373.313, 373.413, 373.416, 373.426 FS. History–New 6-16-88, Amended 12-22-92, 10-3-95, 1-29-01, 12-10-07, 10-25-09, 3-24-14, 4-8-15, [DATE].

 

40B-1.704 Bond.

(1) no change.

(2) Applicants for environmental resource permits under chapters 40B-4 and 40B-400, Florida Administrative Code (F.A.C.), shall furnish a bond or other form of surety for certification of completion of construction as required by paragraphs 40B-4.1140(2)(c) and 40B-400.091(2) 40B-400.115(1)(j), F.A.C. The forms of surety acceptable to the District include but are not limited to, cash deposit, letter of credit, and performance bond. Bonds and other forms of surety shall be in the following amounts: project area less than one acre, $1,000; project area less than 10 acres, $2,000; project area less than 40 acres, $3,000; project area less than 100 acres, $4,000; project area less than 200 acres, $5,000; project area greater than or equal to 200 acres, $10,000. The District shall release the bond or other form of surety, without interest, upon final acceptance of certification of completion of construction and transfer of operation and maintenance to an entity approved by the District as required by rule 40B-400.091(2) 40B-4.2035, F.A.C.

(3) through (4) no change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.103, 373.219, 373.413, 373.414, 373.416 FS. History–New 9-15-81, Amended 1-10-10, [DATE].

 

40B-1.706 Fees.

(1) no change.

(2) Upon delegation of the administration of a permitting program from the department to the district, the fees for such permits established by department rule shall be collected by the district pursuant to section 373.109, F.S.

TABLE 1.A. SCHEDULE OF PERMIT FEES
WATER USE PERMITS
Water Use Permits less than 2,000,000 GPD-ADR	$230
Modification or Renewal of Water Use Permits less than 2,000,000 GPD-ADR	$115
Water Use Permits equal to or greater than 2,000,000 GPD-ADR	$530
Modification or Renewal of Water Use Permits equal to or greater than 2,000,000 GPD-ADR	$265
TABLE 1.B. SCHEDULE OF PERMIT FEES
ENVIRONMENTAL RESOURCE AND WORKS OF THE DISTRICT PERMITS
Use of the reviewing agency’s electronic self-certification system	$0
Verification of exemption under sections 373.406, 403.813, F.S., chapter 62-330 or 40B-4, F.A.C.	$100
Verification of qualification to use a General Permit under chapter 62-330, F.A.C., or Noticed General under chapter 40B-4, F.A.C.	$250
Variance or Waiver under section 120.542, F.S.	$0
Variances or Waivers	$550
Works of the District General Permits	$490
Major Modification of a Works of the District General Permit	$245
Minor Modification of a Works of the District Permit	$100
All Individual or Conceptual Approval Permits under chapters 62-330 or 40B-4, F.A.C.:
(1)    through (3) no change.
New Determinations of the Landward Extent of Wetlands and Other Surface Waters.
(1) through (2) no change.
Reissuance of Informal Determinations.	$50
Reissuance of Formal Determinations, in accordance with subsection 62-330.201(5), F.A.C.	$350
Application for any activity when submitted by the Department of Defense.	$0
Any fee in excess of $100, as determined by this section, shall be reduced to this amount, which shall not exceed $100, for public projects when the applicant is a county or municipality (or under contract thereto) that qualifies under section 218.075, F.S.	$100

Rulemaking Authority 373.044, 373.109, 373.113, 373.118, 373.171 FS. Law Implemented 218.075, 373.109 FS. History–New 6-16-88, Amended 11-25-90, 12-22-92, 10-16-94, 11-8-94, 10-3-95, 1-3-96, 6-22-99, 5-6-12, 10-1-13, 3-24-14, [DATE].

 

40B-1.709 Suspension, Revocation, and Modification of District Permits.

(1) through (3) no change.

(4) The Board shall consider any timely filed petition for a sections 120.569 and 120.57, F.S., hearing at the next available regular regulatory meeting following expiration of the 14-day time period in subsection (2).

(5) no change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1)(b), (c), 120.60(2), 373.119, 373.429 FS. History–New 9-15-81, Repromulgated 3-17-88, Amended 12-21-88, 10-25-09, [DATE].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, P.G.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 8, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2021