In 2012 through mid-2014, the St. Johns River Water Management District (District), along with the Florida Department of Environmental Protection and other water management districts, engaged in statewide rulemaking to increase consistency in the ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-2.031Implementation

40C-2.041Permits Required

40C-2.042General Permit by Rule

40C-2.051Exemptions

40C-2.101Publications Incorporated by Reference

40C-2.301Conditions for Issuance of Permits

40C-2.302Reservation of Water from Use

40C-2.311Competing Applications

40C-2.321Duration of Permit

40C-2.331Modification of Permits

40C-2.351Transfer of Permits

40C-2.361Renewal of Permits

40C-2.381Permit Limiting Conditions

40C-2.401Identification Tags

40C-2.501Permit Classification

40C-2.900Forms and Instructions

PURPOSE AND EFFECT: In 2012 through mid-2014, the St. Johns River Water Management District (District), along with the Florida Department of Environmental Protection and other water management districts, engaged in statewide rulemaking to increase consistency in the consumptive use permit (CUP) programs. That rulemaking was commonly referred to as the “CUPcon” rulemaking. The purpose and effect of the new proposed amendments to rules in Chapter 40C-2, F.A.C., will be to: (1) clean up “glitches” inadvertently created during the CUPcon rulemaking; (2) clarify existing rules; (3) create additional streamlining; and (4) reduce regulatory burdens while protecting water resources.

SUBJECT AREA TO BE ADDRESSED: Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to clean up inadvertent glitches, clarify existing rules, create additional streamlining, and reduce regulatory burdens on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) annual allocation requirements and other rules needed to provide continuous reasonable assurance throughout the duration of a permit; (8) modification of permits; (9) 10-year compliance reports; (10) compliance monitoring and forms; (11) application forms; (12) permit fees to address related changes to permit thresholds or permit types; and (13) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.

Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

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.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 29, 2015, 1:00 p.m. – 3:00 p.m.

PLACE: Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177

Information on how to attend the rule workshop by telephone is available at: http://floridaswater.com/ruledevelopment/ under the Notice of Rule Development column for this rulemaking.

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 48 hours before the workshop/meeting by contacting: District Clerk at [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Thomas Mayton, Jr., Esq., St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], [e-mail] or Wendy Gaylord, Legal Administrative Assistant, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], or [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: The preliminary text will be available for review on April 17, 2015, at http://floridaswater.com/ruledevelopment/.