The Northwest Florida Water Management District (NWFWMD) gives notice that it is developing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (...

Notice of Development of Rulemaking

 

WATER MANAGEMENT DISTRICTS
Northwest Florida Water Management District

RULE NO.: RULE TITLE:
40A-21.001: Policy and Purpose
40A-21.031: Elements of the Plan
40A-21.051: Definitions
40A-21.221: Evaluating Water Conditions
40A-21.231: Declaring a Water Shortage
40A-21.251: Water Shortage Phases
40A-21.271: Water Use Restrictions
40A-21.275: Variances
40A-21.291: Implementing a Water Shortage Declaration
40A-21.331: Declaring a Water Shortage Emergency
40A-21.371: Water Use Restrictions in a Water Shortage Emergency
40A-21.391: Implementing a Water Shortage Emergency Declaration
40A-21.401: Monitoring
40A-21.421: Enforcement
40A-21.511: Classification System
40A-21.531: Source Classes
40A-21.551: Use Classes
40A-21.571: Method of Extraction or Diversion Classes

PURPOSE AND EFFECT: The Northwest Florida Water Management District (NWFWMD) gives notice that it is developing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP), minimum flows and levels (MFLs), and water supply related programs of the WMDs. This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida. This rule development will make appropriate rule amendments to NWFWMD’s Chapters 40A-1, 40A-2, and 40A-21, F.A.C., to address the following goals of the DEP and the WMDs for this rulemaking: (1) making the CUP rules less confusing for applicants; (2) treating applicants equitably statewide; (3) providing consistent protection of the environment; (4) streamlining the application and permitting process; and (5) incentivizing behavior that protects water resources, including water conservation. Additional information about the statewide CUP consistency initiative is available at DEP’s website at: www.dep.state.fl.us/water/waterpolicy/cupcon.htm.

SUBJECT AREA TO BE ADDRESSED: Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) annual allocation requirements and other rules needed to provide continuous reasonable assurance throughout the duration of a permit; (8) modification of permits; (9) 10-year compliance reports; (10) compliance monitoring and forms; (11) application forms; (12) permit fees to address related changes to permit thresholds or permit types; (13) an Applicant’s Handbook to assist applicants with the requirements of Chapter 40A-2, F.A.C. (14) procedural rules in Chapter 40A-1, F.A.C.; (15) water shortage plan rules in Chapter 40A-21, F.A.C.; and (16) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.

Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171, FS.

LAW IMPLEMENTED: 373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250, FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Immediately following the Chapter 62-40 rule workshop of the Florida Department of Environmental Protection, which is scheduled to begin September 24, 2012, 1:00 p.m. CDT

PLACE: Escambia County Commission Chambers, Room 100, 221 Palafox Place, Pensacola, FL

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Angela Chelette, Northwest Florida Water Management District, Bureau of Ground Water Regulation, 152 Water Management Drive, Havana, Florida 32333, [phone], [e-mail] or Terri Peterson, Administrative Assistant, Northwest Florida Water Management District, Bureau of Ground Water Regulation, 152 Water Management Drive, Havana, Florida 32333, [phone], [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.