The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend its rules to describe the point of entry into proceedings for District permitting decisions.

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.:RULE TITLE:

40B-1.1010Point of Entry into Proceedings

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend its rules to describe the point of entry into proceedings for District permitting decisions.

SUMMARY: Noticing of District permitting decisions; Point of entry into proceedings

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?” form and prepared a summary of the proposed new rule, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed new rule is not expected to require legislative ratification pursuant to subsection 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: 120.54(5), 373.044, 373.113 FS.

LAW IMPLEMENTED: 120.54(5), 120.60, 253.115, 373.079(4)(a), 373.083(5), 373.216, 373.219, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.421, 373.426, 373.427 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: Warren Zwanka, Senior Hydrologist, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1[phone] (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-1.1010 Point of Entry into Proceedings.

(1) For all District permitting decisions under Part II and Part IV of Chapter 373, F.S., and decision on petitions for formal determination of wetlands or other surface waters, the District shall require an applicant to publish, or inform an applicant that the applicant has the right to publish, written notice of a District decision in a newspaper of general circulation as set forth in Chapter 50, F.S., in the county or counties where the activity is proposed.

(2)(a) “Written notice” as set forth in Rule 28-106.111, F.A.C., means either receipt of actual written notice that the District has taken or intends to take final agency action, or publication of notice that the District has taken or intends to take final agency action. If final agency action materially differs from a written notice of the District’s intended action, persons who may be substantially affected shall have an additional 21 days, or for a notice of consolidated intent an additional 14 days, from the date of receipt or publication of notice of such action to request an administrative hearing. Such requests for an administrative hearing shall only address those aspects of the agency action which differ from the proposed agency action.

(b) Receipt of written notice of a District decision shall be deemed to be the fifth day after the date on which the written notice is deposited in the United States mail if actual notice is mailed, the date that the notice is sent if actual notice is issued by electronic mail, or the date that notice is published if actual notice is not issued to the persons who may be substantially affected. If the date of publication of a notice of District decision precedes the date that actual notice is received, the applicable 21-day or 14-day period in which to request an administrative hearing will be determined from the date that notice of District decision was published.

(3) When publication is made or notice is issued of a District decision on a permitting matter, the notice shall contain as a minimum:

(a) Name of applicant and a brief description of the proposed activity and its location;

(b) Location of the application and its availability;

(c) Statement of the District’s intended action and basis for the issuance or denial except when issuance is a ministerial act;

(d) Scheduled date of Board action, if such action is necessary;

(e) Notification of administrative hearing opportunity or right to judicial review, the procedures which must be followed and applicable time limits; and

(f) Notification of whether mediation under Section 120.573, F.S., is available as an alternative remedy.

(4) When an applicant publishes written notice of a District decision, the applicant shall provide an affidavit of publication to the District within 14 days of publication.

(5) For notices of agency action on a consolidated application for an environmental resource permit and use of state-owned lands concurrently reviewed by the District pursuant to Section 373.427, F.S., any petition for an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., must be filed within 14 days of receipt of written notice of consolidated intent to issue or deny a permit.

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 120.60, 253.115, 373.079(4)(a), 373.083(5), 373.216, 373.219, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.421, 373.426, 373.427 FS. History–New [DATE].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, Senior Hydrologist

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Suwannee River Water Management Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 25, 2014