The purpose of this rulemaking is to repeal Rule 40D-2.322, F.A.C., to be consistent with Section 373.236, F.S., and other water management districts rules. The effect is to reduce the regulatory burden on a permittee when its reporting period ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.:RULE TITLE:
40D-2.322Population and Impact Analysis and Verification of 10-year Requirements
PURPOSE AND EFFECT: The purpose of this rulemaking is to repeal Rule 40D-2.322, F.A.C., to be consistent with Section 373.236, F.S., and other water management districts rules. The effect is to reduce the regulatory burden on a permittee when its reporting period demands are less than the projected demands when its permit application was issued.
SUMMARY: The repeal of Rule 40D-2.322, F.A.C., related to the Population and Impact Analysis and Verification of 10-year Requirements, eliminates the automatic reduction in permitted quantities, the requirement for additional groundwater modeling and the reduction in permit duration when a permittee’s reporting period demands are less than 90% of the projected demands used when the permit application was issued or when certain specified requirements are not completed.
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.
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, 373.171 FS.
LAW IMPLEMENTED: 373.103, 373.171, 373.219, 373.223, 373.227, 373.250 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sonya White, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone], (4660), e-mail: [e-mail]. (OGC #2012019)
THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.322 Population and Impact Analysis and Verification of 10 year Requirements.

 

Rulemaking Authority 373.044, 373.113, 373.171 FS.  Law Implemented 373.103, 373.171, 373.219, 373.223, 373.227, 373.250 FS. History-New 6-30-10,  Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Laura J. Donaldson, Esquire
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 30, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012