To implement revisions related to the statewide effort headed by the Florida Department of Environmental Protection (DEP) and the five water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP), minimum flows ...  

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    WATER MANAGEMENT DISTRICTS

    Southwest Florida Water Management District

    RULE NOS.:RULE TITLES:

    40D-1.603Permit Application Procedures

    40D-1.607Permit Processing Fee

    40D-1.659Forms and Instructions

    PURPOSE AND EFFECT: To implement revisions related to the statewide effort headed by the Florida Department of Environmental Protection (DEP) and the 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. Chapters 40D-1, 40D-2, 40D-8, 40D-21, and 40D-80, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual Part B are being amended to (1) make the CUP rules less confusing for applicants; (2) treat applicants equitably statewide; (3) provide consistent protection of the environment; (4) streamline the application and permitting process; and (5) incentivize behavior that protects water resources, including water conservation.

    SUMMARY: The proposed amendments include (1) conforming changes to reflect the elimination of several permit types resulting in only individual water use permits and general water use permits by rule; (2) adopting new statewide forms; (3) incorporating existing forms that have been revised to include changes to Chapters 40D-1; 40D-2; 40D-8; 40D-21; and 40D-80, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual Part B; (4) correcting typographical errors; (5) conforming terminology changes; and (6) deleting obsolete forms related to consumptive use permitting.

    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, 373.118, 373.149, 373.171 FS.

    LAW IMPLEMENTED: 120.60, 373.0421, 373.109, 373.116, 373.118, 373.223, 373.227, 373.229, 373.413 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: SWFWMD Human Resources Director, (352)796-7211, ext. 4702; 1(800)423-1476 (FL only), ext. 4702; or to ADACoordinator@swfwmd.state.fl.us. 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: Laura Donaldson, General Counsel, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, (813)985-7481 or 1(800)836-0797 (Florida only), laura.donaldson@swfwmd.state.fl.us or Sonya White, Senior Legal Assistant, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, (813)985-7481, (Ext. 4660) or 1(800)836-0797 (Florida only), Sonya.White@swfwmd.state.fl.us

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    40D-1.603 Permit Application Procedures.

    (1) No change.

    (2) No later than 30 days after submittal of an initial application or an application for modification of an individual surface water management permit, an individual ERP or an initial application or application for renewal or modification modication of an individual WUP for annual average quantities withdrawals of 500,000 gpd or greater pursuant to Chapter 40D-2, F.A.C., the applicant shall publish at the applicant’s expense a notice of the District’s receipt of the application in a newspaper having general circulation as defined in Chapter 50, F.S., in the county or counties in which the activity is proposed. No later than 30 days after receipt of an application for an initial or modification of a general surface water management permit or ERP pursuant to Chapter 40D-40, F.A.C., or a noticed general ERP pursuant to Chapter 40D-400, F.A.C., or for an initial application or application for renewal or modification of an individual a general WUP for annual average quantities withdrawals of less than 500,000 gpd pursuant to Chapter 40D-2, F.A.C., the District shall post notice thereof on the District’s website at www.watermatters.org. In the event that after the posting of notice of an application for a general permit is modified such that it is an application for an individual WUP for annual average quantities of less than 500,000 gpd is modified to 500,000 gpd or greater permit, notice of the application shall be published by the applicant in a newspaper as provided herein.

    (3) through (14) No change.

    Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 120.60(4), 373.116, 373.118, 373.229, 373.413 FS. History–New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, 7-2-98, 7-22-99, 11-8-00, 9-26-02, 12-24-07, 4-7-08, 11-2-08, 9-1-09, 12-11-12,_________.

     

    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 (4) No change. 

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

    (a) For a Chapter 40D-2, F.A.C., individual permit that authorizes annual average quantities from

    any source or combined sources that is 500,000 gpd or greater, the fees shall be as follows:

    1. new individual permit no greater than 10 years

     

     

    $1,000.00

    2.(b) Chapter 40D-2, F.A.C.,  new individual permit no greater than 20 years

    $2,000.00

    3.(c) Chapter 40D-2, F.A.C.,  renewal individual permit no greater than 10 years

    $   750.00

    4.(d) Chapter 40D-2, F.A.C.,  renewal individual permit no greater than 20 years

    $1,500.00

    5.(e) Chapter 40D-2, F.A.C.,  individual permit modification

    $   300.00

    6.(f) Chapter 40D-2, F.A.C.,  individual permit temporary

    $   200.00

    (b) For a Chapter 40D-2, F.A.C., individual permit that authorizes:

    1. Annual average quantities from any source or combined sources that is 100,000 gpd or greater but less than 500,000 gpd; or

    2. Annual average quantities from any source or combined sources that is less than 100,000 gpd and:

    a. The drought annual average quantities are 100,000 gpd or greater in the Southern Water Use Caution Area;

    b. Annual average quantities are for mining or dewatering;

    c. The primary source is from surface water and the combined annual average quantities is at least 50,000 gpd;

    d. The withdrawal is required by the permit to be metered and reported to the District;

    e. The maximum quantity equals or exceeds 3,000,000 gpd for crop protection or other use; or

    f. At least one permitted facility is located within the Dover-Plant City Water Use Caution Area and requires crop protection quantities.

    the fees shall be as follows:

     

     

    1.(g) Chapter 40D-2, F.A.C., new individual general permit no greater than 10 years                         $ 250.00                                                                                                                                                                                                                                                                                                                   

    2.(h) Chapter 40D-2, F.A.C., new individual general permit no greater than 20 years

    $   500.00

    3.(i) Chapter 40D-2, F.A.C., renewal individual general permit greater than 10 years

    $   185.00

    4.(j) Chapter 40D-2, F.A.C., renewal individual general permit no greater than 20 years

    $   370.00

    5.(k) Chapter 40D-2, F.A.C., general individual permit modification

    $     75.00

    6.(l) Chapter 40D-2, F.A.C., general individual permit temporary

    (c) For a Chapter 40D-2, F.A.C., individual permit that authorizes annual average quantities from any source or combined sources that is less than 100,000 gpd unless the criteria listed in 40D-1.607(7)(b)2. apply, the fees shall be as follows:

     

    $     50.00

     

     

    1.(m) Chapter 40D-2, F.A.C., new individual permit Small General Permit no greater than 10 years

    $     50.00

    2.(n) Chapter 40D-2, F.A.C., new individual permit Small General Permit no greater than 20 years

    $   100.00

    3.(o) Chapter 40D-2, F.A.C., renewal individual permit Small General Permit no greater than 10 years

    $     35.00

    4.(p) Chapter 40D-2, F.A.C., renewal individual permit Small General Permit no greater than 20 years

    $     70.00

    5.(q) Chapter 40D-2, F.A.C., Small General individual permit Permit modification

    $     15.00

    (d)(r) Chapter 40D-2, F.A.C., permit fees for those new and renewal permits and modifications to permits that are issued for a duration greater than 20 years shall be equal to the ratio of the number of years granted to 20 years multiplied by the corresponding 20 year permit fee specified above.

    (e)(s) For those public supply utilities that which are solely wholesale customers of water supplied by another entity and are required to obtain a permit for such activities pursuant to Chapter 40D-2, F.A.C., permit fees shall be one-half of the applicable fee provided in paragraphs (a) through (r) above.

    (6) through (10) No change.

    Rulemaking 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, 12-30-08, 12-7-09, 6-30-10, 9-5-10, 12-29-11,________.

     

    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 or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.WaterMatters.org.

    (1) GROUND WATER

    (a) APPLICATION FOR A WATER WELL CONTRACTOR’S LICENSE, FORM NO. LEG-R.003.01 (6/10), (HYPERLINK), incorporated by reference in subsection 40D-3.037(5), F.A.C.

    (b) APPLICATION FOR RENEWAL OF A WATER WELL CONTRACTOR’S LICENSE, FORM NO. LEG-R.004.02 (4/09), (HYPERLINK), incorporated by reference in subsection 40D-3.037(5), F.A.C.

    (c) PROPOSED WELL CONSTRUCTION LOCATION AND DESIGN FORM, FORM NO. LEG-R.006.01 (4/09), (HYPERLINK), incorporated by reference in paragraph 40D-2.101(5)(a), F.A.C.

    (d) STATE OF FLORIDA PERMIT APPLICATION TO CONSTRUCT, REPAIR, MODIFY, OR ABANDON A WELL, FORM NO. LEG-R.040.01 (6/10), (HYPERLINK), incorporated by reference in subsection 40D-3.101(1), F.A.C.

    (e) State of Florida WELL COMPLETION REPORT, FORM NO. LEG-R.005.02 (6/10), (HYPERLINK), incorporated by reference in paragraph 40D-3.411(1)(a), F.A.C.

    (f) WELL GROUTING/ABANDONMENT FORM, FORM NO. LEG-R-041.00 (4/09), (HYPERLINK), incorporated by reference in subsection 40D-3.531(5), F.A.C.

    (g) WELL VERIFICATION FOR ALL NON-DOMESTIC USE WELLS LOCATED IN THE MOST IMPACTED AREA OF THE SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.016.01 (4/09), (HYPERLINK), incorporated by reference in subsection 40D-3.101(1), F.A.C.

    (h) SMALL GENERAL WATER USE PERMIT APPLICATION FORM NO. LEG-R.027.01 (9/12), incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.

    (i) GENERAL WATER USE PERMIT APPLICATION FORM NO. LEG-R.028.01 (9/12), incorporated by reference in paragraph 40D-2.101(2)(b), F.A.C.

    (j) INDIVIDUAL WATER USE PERMIT APPLICATION FORM NO. LEG-R.100.00 (EFFECTIVE DATE) (HYPERLINK), LEG-R.029.01 (9/12), incorporated by reference in subsection 40D-2.101(1)(2)(a), F.A.C.

    (i)(k) WATER USE PERMIT APPLICATION Agricultural Use Supplemental Form A, SUPPLEMENTAL FORM Agriculture, Form No. LEG-R.030.02 (EFFECTIVE DATE) (HYPERLINK), LEG-R.030.01 (12/10) incorporated by reference in subsection subparagraph 40D-2.101(1)(2)(a)1., F.A.C.

    (j)(l) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORMIndustrial/ or Commercial Use Supplemental Form B, Form No. LEG-R.031.01 (EFFECTIVE DATE) (HYPERLINK), LEG-R.031.00 (3/09), incorporated by reference in subsection subparagraph 40D-2.101(1)(2)(a)2., F.A.C.

    (k)  Water Use Permit Application – Landscape/Recreation Use – Supplemental Form C, Form No. LEG-R.034.01 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in subsection 40D-2.101(1), F.A.C.

    (l)(m) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – MINING/ OR DEWATERING USE – SUPPLEMENTAL FORM D, FORM NO. LEG-R.112.00 (EFFECTIVE DATE) (HYPERLINK), LEG-R.032.01 (9/09), incorporated by reference in subsection subparagraph 40D-2.101(1)(2)(a)3., F.A.C.

    (m)(n) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – PUBLIC SUPPLY USE – SUPPLEMENTAL FORM E, FORM NO. LEG-R.033.02 (EFFECTIVE DATE) (HYPERLINK), LEG-R.033.01 (9/09), incorporated by reference in subsection subparagraph 40D-2.101(1)(2)(a)4., F.A.C.

    (n)(o) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORMOTHER USE – SUPPLEMENTAL FORM F, RECREATION OR AESTHETIC, FORM NO. LEG-R.109.00 (EFFECTIVE DATE) (HYPERLINK), LEG-R.034.00 (3/09), incorporated by reference in subsection subparagraph 40D-2.101(1)(2)(a)5., F.A.C.

    (o) Water Use Permit Application – Institutional Use – Supplemental Form G, Form No. 110.00 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in subsection 40D-2.101(1), F.A.C.

    (p) MODIFICATION SHORT FORM APPLICATION, FORM NO. LEG-R.035.02 (EFFECTIVE DATE) (HYPERLINK), LEG-R.035.00 (3/09), incorporated by reference in subsection paragraph 40D-2.331(2)2.231(2)(b), F.A.C.

    (q) ANNUAL CROP SUMMARY REPORT, FORM AGRICULTURAL WATER USE FORM – SEASONAL CROPS, NORTHERN TAMPA BAY WATER USE CAUTION AREA, FORM NO. LEG-R.102.00 (EFFECTIVE DATE) (HYPERLINK), FORM NO. LEG-R.024.00 (4/09), incorporated by reference in subsection paragraph 40D-2.091(2)(f), F.A.C.

    (r) IRRIGATION WATER USE FORM – ANNUAL CROPS, NORTHERN TAMPA BAY WATER USE CAUTION AREA, FORM NO. LEG-R.025.00 (4/09), incorporated by reference in paragraph 40D-2.091(2)(g), F.A.C.

    (r)(s) AGRICULTURAL WATER ALLOTMENT FORM, FORM NO. LEG-R.042.00 (4/09), (HYPERLINK), incorporated by reference in paragraph 40D-2.101(5)(b), F.A.C.

    (s)(t) APPLICATION TO TRANSFER A WATER USE PERMIT, FORM NO. LEG-R.002.05 (EFFECTIVE DATE) (HYPERLINK), LEG-R.002.04 (9/12), incorporated by reference in subsection 40D-2.351(1), F.A.C.

    (t)(u) SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.007.02 (9/12), (HYPERLINK), incorporated by reference in subsection 40D-2.101(6), F.A.C.

    (u)(v) NET BENEFIT SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.010.01 (9/12), (HYPERLINK), incorporated by reference in paragraph 40D-2.101(6)(b), F.A.C.

    (v)(w) SOUTHERN WATER USE CAUTION AREA GROUND WATER REPLACEMENT CREDIT APPLICATION, FORM NO. LEG-R.011.02 (9/12), (HYPERLINK), incorporated by reference in paragraph 40D-2.101(6)(b), F.A.C.

    (w)(x) PUBLIC SUPPLY WELL INFORMATION AND CLASSIFICATION FORM, FORM NO. LEG-R.015.02 (08/11), (HYPERLINK), incorporated by reference in paragraph 40D-3.101(2)(b), F.A.C.

    (x)(y) Irrigation Water Use FORM – Annual Crops, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.017.01 (9/12), (HYPERLINK), incorporated by reference in paragraph 40D-2.091(2)(b), F.A.C.

    (y)(z) Irrigation Water Use FORM – Annual Landscape/recreation, Recreational/Aesthetic/Golf, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.018.02 (EFFECTIVE DATE) (HYPERLINK), LEG-R.018.01 (9/12),  incorporated by reference in paragraph 40D-2.091(2)(c), F.A.C.

    (z)(aa) Irrigation Water Use FORM – Summer/Fall Seasonal, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.019.01 (9/12), (HYPERLINK), incorporated by reference in paragraph 40D-2.091(2)(d), F.A.C.

    (aa)(bb) Irrigation Water Use FORM – Winter/Spring Seasonal, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.020.01 (9/12), (HYPERLINK), incorporated by reference in paragraph 40D-2.091(2)(e), F.A.C.

    (cc) Application to Renew a Small General Water Use Permit for Agricultural Use, FORM NO. LEG-R.036.01 (9/12), incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.

    (dd) Small General Water Use Permit Application – Agriculture Attachment, FORM NO. LEG-R.037.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c)1., F.A.C.

    (ee) Small General Water Use Permit Application – Industrial or Commercial Attachment, FORM NO. LEG-R.038.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c)2., F.A.C.

    (ff) Small General Water Use Permit Application – Recreation or Aesthetic Attachment, FORM NO. LEG-R.039.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c)3., F.A.C.

    (gg) WATER USE PERMIT APPLICATION – MINING AND DEWATERING MATERIALS OTHER THAN PHOSPHATE, FORM NO. LEG-R.048.01 (9/12), incorporated by reference in paragraph 40D-2.101(2)(d), F.A.C.

    (hh) SMALL GENERAL WATER USE PERMIT APPLICATION – PUBLIC SUPPLY ATTACHMENT, FORM NO. LEG-R.045.00 (12/09), incorporated by reference in subparagraph 40D-2.101(2)(c)4., F.A.C.

    (bb)(ii) PUBLIC SUPPLY ANNUAL REPORT FOR GENERAL AND INDIVIDUAL PERMITS OVER 100,000 GPD ANNUAL AVERAGE QUANTITIES, FORM NO. LEG-R.103.00 (EFFECTIVE DATE) (HYPERLINK), LEG-R.023.00 (09/09), incorporated by reference in paragraph 40D-2.091(2)(h), F.A.C.

    (cc)(jj) SWFWMD ANNUAL RECLAIMED WATER SUPPLIER REPORT, FORM NO. LEG-R.026.00 (09/09), (HYPERLINK), incorporated by reference in paragraph 40D-2.091(2)(i), F.A.C.

    (kk) PUBLIC SUPPLY ANNUAL REPORT FOR GENERAL WATER USE PERMITS LESS THAN 100,000 GPD, FORM NO. LEG-R.047.00 (09/09), incorporated by reference in paragraph 40D-2.091(2)(j), F.A.C.

    (dd)(ll) DOVER/PLANT CITY WATER USE CAUTION AREA SUPPLEMENTAL FORM – FORM NO. LEG-R.050.01 (08/11), (HYPERLINK), incorporated by reference in subsection 40D-2.101(7), F.A.C.

    (ee)(mm) NET BENEFIT SUPPLEMENTAL FORM DOVER/PLANT CITY WATER USE CAUTION AREA – FORM NO. LEG-R.051.00 (12/10), (HYPERLINK), incorporated by reference in subsection 40D-2.101(7), F.A.C.

    (ff)(k) Florida Department of Environmental Protection’s Landscape Guidance: Models for Ordinances, Covenants, and Restrictions, (1/09) (HYPERLINK).;

    (gg)(l) Landscape Irrigation and Florida Friendly Design Standards, dated December (12/06) 2006 (HYPERLINK).; and

    (hh)(m) University of Florida’s Institute of Food and Agricultural Science’s Department of Fisheries and Aquatic Sciences publication “Regulations Pertaining to Non-native Fish in Florida Aquaculture” (FA121) (HYPERLINK).

    (ii)(n) Flow Meter Pre-Installation Information Work Sheet, Form No. LEG-R.052.00 (9/12). http://www.flrules.org/Gateway/reference.asp?No=Ref-02198.

    (jj)(o) Flow Meter Post-Installation Information Reimbursement Form, Form No LEG-R.053.00 (9/12). http://www.flrules.org/Gateway/reference.asp?No=Ref-02199.

    (kk)FLOW METER ACCURACY REPORT FORM, FORM NO. LEG-R.101.00 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in subsection 40D-2.091(2), F.A.C.

    (ll) CROP PROTECTION REPORT FORM, FORM NO. LEG-R.104.00 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in subsection 40D-2.091(2), F.A.C.

    (mm)  WATER USE/PUMPAGE REPORT FORM, FORM NO. LEG-R.105.00 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in subsection 40D-2.091(2), F.A.C.

    (nn)  WATER QUALITY REPORT FORM, FORM NO. LEG-R.106.00  (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in subsection 40D-2.091(2), F.A.C.

    (2) through (3) No change.

    Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented 373.083, 373.116, 373.206, 373.207, 373.209, 373.216373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.705, 373.707, 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(1) and (2), 10-19-05(5), 10-19-05(20), 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, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09, 1-27-10, 4-12-10, 4-27-10, 9-5-10, 9-12-10, 12-7-10, 1-16-11, 6-16-11, 12-12-11, 12-29-11, 2-9-12, 10-14-12, 2-13-13,________.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Laura Donaldson

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 19, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012

     

Document Information

Comments Open:
12/26/2013
Summary:
The proposed amendments include (1) conforming changes to reflect the elimination of several permit types resulting in only individual water use permits and general water use permits by rule; (2) adopting new statewide forms; (3) incorporating existing forms that have been revised to include changes to Chapters 40D-1; 40D-2; 40D-8; 40D-21; and 40D-80, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual Part B; (4) correcting typographical errors; (5) ...
Purpose:
To implement revisions related to the statewide effort headed by the Florida Department of Environmental Protection (DEP) and the 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. Chapters 40D-1, 40D-2, 40D-8, 40D-21, and 40D-80, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual Part B are being amended to (1) make ...
Rulemaking Authority:
373.044, 373.113, 373.118, 373.149, and 373.171, F.S.
Law:
120.60, 373.0421, 373.109, 373.116, 373.118, 373.223, 373.227, 373.229, and 373.413, F.S.
Contact:
Laura Donaldson, General Counsel, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, (813) 985-7481 or 1-800-836-0797 (Florida only), laura.donaldson@swfwmd.state.fl.us or Sonya White, Senior Legal Assistant, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, (813)985-7481 (Ext. 4660) or 1-800-836-0797 (Florida only), Sonya.White@swfwmd.state.fl.us.
Related Rules: (3)
40D-1.603. Permit Application Procedures
40D-1.607. Permit Processing Fee
40D-1.659. Forms and Instructions