The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules implemented by the water management districts as part of the Florida Department of Environmental's statewide effort (...

Notice of Development of Rulemaking

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NOS.:RULE TITLES:

40E-1.021Definitions

40E-1.602Permits Required

40E-1.603Application Procedures for Processing Permit Applications or Notices of Intent

40E-1.6065Consideration of Intended Agency Decision on Permit Applications

40E-1.607Permit Application Processing Fees

40E-1.6107Transfer of Surface Water Management, or Water Use, or Wetland Resource Permit

40E-1.615Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern

40E-1.659Forms and Instructions

PURPOSE AND EFFECT: The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules as part of the Florida Department of Environmental Protection's statewide effort  to improve consistency among the water management districts (referred to as CUP Consistency or CUPCon). This re-initiation of rule development will cure discrepancies between the versions of rules that were published on December 10, 2013, and acted on by the Governing Board on February 13, 2014, as well as correct some inadvertent text inaccuracies.  There are no substantive changes to the rule text as adopted by the Governing Board in February 2014.

SUBJECT AREA TO BE ADDRESSED: Amendments to this chapter include: 1) updating rule references and deleting rules proposed for repeal; 2) clarifying when agency action shall occur for specific types of permit applications and the procedure for notifying applicants when projects do not qualify for noticed general water use permits; 3) clarifying types of permits and recommendations to be considered by the Governing Board; 4) replacing old forms with new ones; 5) reformatting the fee table so that it is easier to read; 6) conforming the permit types to those proposed in Rule 40E-2.071, F.A.C.; and 7) incentivizing the online submissions of applications for Noticed General Permits by reducing the application fee.

RULEMAKING AUTHORITY: 218.075, 373.044, 373.109, 373.113, 373.416, 373.4131, 373.4135, 373.4136, 373.421(2), 373.421(6)(b), 695.03, 704.06 FS.

LAW IMPLEMENTED: 120.60, 218.075, 373.079, 373.083, 373.106, 373.107, 373.109, 373.113, 373.116, 373.171, 373.229, 373.309, 373.4131, 373.4135, 373.4136, 373.4141, 373.416, 373.417, 373.421(2), 373.421(6)(b), 373.422, 373.426, 373.429, 373.436, 380.051, 403.201, 668.003, 668.004, 668.50, 704.06 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Steven Memberg, Water Use Policy Principal Scientist, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone: [phone], ext. 2133 or [phone], email: [e-mail], or Jennifer Bokankowitz, Attorney, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone: [phone], ext. 2258 or [phone], email: [e-mail]. For procedural questions contact Jan Sluth, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone: [phone], ext. 6299 or [phone], email: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE AND IS AVAILABLE ONLINE AT: www.sfwmd.gov/rules.