The overall purpose is to repeal a rule and clarify a rule for consistency with Florida Statutes.

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NOS.:              RULE TITLES:

40A-1.1002              Variances from Water Shortage Plan

40A-1.207              Complaints

PURPOSE AND EFFECT: The overall purpose is to repeal a rule and clarify a rule for consistency with Florida Statutes.

SUMMARY: This rule development will cover repealing a rule and clarifying a rule for consistency with Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The District has determined that this rule will not have an adverse impact on small business or 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 District.

The District 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: Upon review of the proposed changes to the rule, the District has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

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 (formerly “Specific Authority”): 120.54(5), 373.044, 373.113, FS.

LAW IMPLEMENTED: 120.54(5), 373.175, 373.219(2), 373.246, 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: Selina Potter, Bureau Chief, Northwest Florida Water Management District, Bureau of Groundwater Regulation, 152 Water Management Drive, Havana, FL 32333, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40A-1.1002 Variances from Water Shortage Plan.

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 373.175, 373.246 FS. History–New 7-1-98, Repealed            .

 

40A-1.207 Complaints.

(1) Any person may file a written complaint with the District alleging that a person is making a diversion, withdrawal, impoundment, or consumptive use of water not exempt under the provisions of Chapter 373, F.S., and without a permit.in violation of any of the provisions of Chapter 373, F.S., the rules promulgated thereunder or an order issued pursuant thereto, or that a lawfully issued District permit is causing a public or private nuisance.

(2) No change.

Rulemaking Authority 373.044 FS. Law Implemented 373.219(2) FS. History–New 10-1-84, Amended                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Selina Potter, Bureau Chief, Bureau of Groundwater Regulation

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2017