Water Management Districts, Northwest Florida Water Management District

Northwest Florida Water Management District

RULE NOS.:RULE TITLES:

40A-1.021Definitions

40A-1.2025Fees

40A-1.203Permit Application Procedure

40A-1.205Suspension, Revocation and Modification of District Permits

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 Chapters  40A-1,  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.

SUMMARY:  Consistency Initiative, Florida’s five Water Management Districts have developed draft rules to incorporate proposed changes to the permitting processes. The Initiative is intended to improve consistency and streamline the permitting process in the consumptive use or water use programs implemented by the districts. In accordance with this Initiative, the Northwest Florida Water Management District (NWFWMD) is revising its water use permit application thresholds, application procedures and supporting documentation to meet the conditions for issuance, with attention paid to special areas of resource concern. Permitting rules are designed to ensure reasonable and beneficial uses of water within the jurisdiction and water supply context of the NWFWMD.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The agency has determined that this rule 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 been prepared by the agency and is available on the District website.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to 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:  373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 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: Angela Chelette, Northwest Florida Water Management District, Bureau of Groundwater 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 text of the proposed rule is available on the District’s website (www.nwfwmd.state.fl.us).

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40A-1.021 Definitions.

Terms as defined in Chapters 120 and 373, F.S., apply throughout these rules. In addition:

(1) “District” – means the Northwest Florida Water Management District; and

(2) District Offices – locations staffed by District personnel from which materials incorporated by reference into the rule can be obtained.  These are:

(a) District Headquarters, Permitting Section, 152 Water Management Drive, Havana, FL  32333-9700;

(b) Tallahassee Field Office, Carr Building, Suite 225, 3800 Commonwealth Blvd., MS LS225, Tallahassee, FL 32399; and

(c) Crestview Field Office, 180 E. Redstone Avenue, Crestview, FL 32539-7385.

(3)(2) “Executive Director” – means the person employed by the Governing Board to direct the District’s operations, supervise staff and administrative procedures, and execute policies adopted by the Board.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.069, 373.079 FS. History–New 3-31-80, Formerly 16G-1.01 F.A.C., Amended __________.

 

40A-1.2025 Fees.

(1) A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules. This fee is for the purpose of helping defray the costs of evaluation, processing, noticing, advertising, and mailing required in connection with consideration of such applications, as well as costs of monitoring and inspecting for compliance with the permit. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to be exempt or the fee submitted is determined by the District to be an incorrect amount. The appropriate fees are established in each separate rule. Failure of any person to pay the fees established in the appropriate rule shall result in the denial of an application.

(2) Any portion of the fees enumerated in any District rule in excess of $100 shall be waived for any city or county government upon receipt of a certification from such city or county of hardship required in Section 218.075, F.S. The Governing Body of the city or county requesting the fee waiver shall provide certification in the form of a written statement from the Florida Department of Revenue or using Form 165, effective ____________, which is hereby incorporated by reference and can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices. Any such certification shall be presumed to be valid for the entire fiscal year of the city or county during which certification is made unless the certification clearly indicates a duration to the contrary.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 218.075, 373.109 FS. History–New 5-7-95, Amended 3-2-00, __________.

 

40A-1.203 Permit Application Procedure.

(1) Procedures for permit applications shall be in accordance with Chapter 120, F.S., and Part II of this Chapter.

(2) A permit application shall be:

(a) filed with the District on the appropriate form provided by the Board; and

(b) accompanied by the appropriate fee in accordance with the schedule of fees established by the Board. The failure of any person to pay the required fee shall result in the denial or revocation of the application permit.

(3) No later than 30 days after receipt of an application for an agricultural or forestry surface water management permit pursuant to paragraph 40A-44.041(2)(b) or (c), F.A.C., or an Individual water use permit pursuant to Rule 40A-2.041 40A-2.031, F.A.C., the District shall cause publish a notice thereof to be published in a newspaper having general circulation as defined in Chapter 50, F.S. or by any other manner allowed by Statute. In addition, the District shall provide a copy of the notice to any person who has filed a written request for notification of any pending applications affecting the particular designated area. Interested persons may object to or comment upon the proposed permit in writing by the date specified in the notice. The District may request persons submitting objections or comments to furnish additional information. The District may consider objections or comments received after the designated time period if proposed agency action has not been taken on the application. The District will provide the applicant with a copy of all objections and comments received.

(4) Publication of the notice of application pursuant to subsection (3) shall constitute constructive notice of the permit application to all substantially affected persons. Persons who wish to receive a Notice of Proposed Agency Action and the staff report regarding a permit application must file a written request with the District by the date specified in the notice. Notices of Proposed Agency Action will be mailed only to persons who have filed such requests. Failure to timely request an administrative hearing pursuant to the directions contained in the Notice of Proposed Agency Action constitutes a waiver of the right to an administrative hearing on the application.

(5) thru (13) no change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60 FS. History–New 10-1-84, Amended 1-5-86, 7-1-98, 3-2-00, 8-6-13,__________.

 

40A-1.205 Suspension, Revocation and Modification of District Permits.

(1) thru (9) No change.

(10) District staff is authorized to administratively cancel a permit when the permittee or permittee’s authorized agent surrenders the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit. The permittee surrending an individual water use permit granted under Chapter 40A-2, F.A.C., shall ensure that all ground water wells have been either properly capped or plugged and abandoned according to subsection 40A-3.521(2), F.A.C., and that all surface water withdrawal points have been dismantled. Prior to an administrative cancellation, District staff shall perform a site visit to confirm these requirements have been met.  Permit cancellation shall be requested using Water Use Permit Cancellation Form, Form No. 162, effective __________, hereby incorporated by reference, and which can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.243, 373.246, 373.429 FS. History–New 10-1-84, Amended 8-6-13,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Angela Chelette, Chief, Bureau of Ground Water Regulation, Division of Resource Regulation

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2013

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

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