Pursuant to paragraph 40E-63.460(3)(d), F.A.C., the South Florida Water Management District is required to revise Part IV of Chapter 40E-63, F.A.C., to ensure that the objectives of the Everglades Forever Act, Section 373.4592(4)(f)5., F.S., are met ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-63.432: Permit Modifications, Transfers and Renewals
40E-63.434: Permit Duration
PURPOSE AND EFFECT: Pursuant to paragraph 40E-63.460(3)(d), F.A.C., the South Florida Water Management District is required to revise Part IV of Chapter 40E-63, F.A.C., to ensure that the objectives of the Everglades Forever Act, Section 373.4592(4)(f)5., F.S., are met when the C-139 Basin is found to be out of compliance for a fourth time. To allow time for the District to revise these rules, it is necessary to extend the duration of the existing Works of the District permits issued under Part IV of Chapter 40E-63, F.A.C., until such time as the new rules and criteria are adopted and effective.
SUMMARY: The proposed rule amendments will extend the C-139 Works of the District permits for an initial 1 year term. If, after the 1 year term, new rules and criteria are not yet effective, existing permits will be extended automatically for 6 month terms until such time as the revised rules are effective. Once the new rules and criteria are effective, the permit expiration date will be 90 days from that effective date.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS.
LAW IMPLEMENTED: 373.085, 373.4592 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 9, 2007, 9:00 a.m. to complete
PLACE: Okeechobee Shrine Club, 1855 S.W. 53rd St., Okeechobee, FL 34974, or
DATE AND TIME: May 10, 2007, 9:00 a.m. to complete
PLACE: South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
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: District Clerk’s Office [phone]. 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: Jose Gomez, Staff Engineer, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416 4680, telephone [phone], extension 2718 or [phone], email: [e-mail]. For procedural issues: Joyce Rader, Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, extension 6259, or [phone], email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-63.432 Permit Modifications, Transfers and Renewals.

(1) through (2) No change.

(3) A permittee shall apply for a permit renewal prior to the expiration of an existing permit, subject to the following requirements and limitations:

(a) No change.

(b) Permit renewals will be effective for 5 years from the date of issuance.

(b)(c) When timely application is made for a modification or renewal, the existing permit shall not expire until final agency action is taken by the District on the application. If the permit is denied or the pending approved permit conditions are modified from the previous issuance, the existing permit shall not expire until the last day for seeking review of the District order, or until any resulting legal proceedings are completed.

(c)(d) If the permittee allows the permit to expire prior to applying for a permit renewal, an application for a new permit shall be required.

(4) No change.

Specific Authority 373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS. Law Implemented 373.085, 373.4592 FS. History–New 1-24-02, Amended________.

 

40E-63.434 Permit Duration.

Pursuant to the EFA, Section 373.4592(4)(f)2., F.S., new permits or permit renewals issued pursuant to this Part are valid for a 5-year term, unless:

(1) through (3) No change.

(4) A permit application for a new permit or a permit renewal has been filed by a permittee on a timely basis prior to the expiration date of a previously-issued permit, and the District has not completed review of the application, in which case the previously-issued permit will remain effective until final agency action is taken by the District on the application; or.

(5)(a) The District has begun rulemaking pursuant to paragraph 40E-63.460(3)(d), F.A.C., prior to the expiration of previously-issued permits.

(b) If the District has begun rulemaking pursuant to paragraph 40E-63.460(3)(d), F.A.C., by publishing a Notice of Rule Development as required by Section 120.54(2)(a), F.S., the expiration dates of existing permits under this Part shall be extended automatically for an initial 1 year term. If, after the 1 year term, the revised rules are not effective, existing permits shall be extended automatically for 6 month terms until such time as the revised rules are effective. Once the revised rules are effective, the permit expiration date shall be 90 days from that effective date.

Specific Authority 373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS. Law Implemented 373.085, 373.4592 FS. History–New 1-24-02, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pamela Sievers, Director, Everglades Regulation
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 15, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 23, 2007