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 Protection's statewide ...

Notice of Development of Rulemaking

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NOS.:RULE TITLES:

40E-2.011Policy and Purpose

40E-2.041Permits Required

40E-2.061No-Notice General Permit by Rule

40E-2.071Noticed General Permits and Individual Permits

40E-2.091Publications Incorporated by Reference

40E-2.101Content of Application

40E-2.301Conditions for Issuance of Permits

40E-2.321Duration of Permit

40E-2.331Modification of Permits

40E-2.381Limiting Conditions

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) setting forth the policy for permit applications that do not meet the provisions in this chapter for a general permit; 2) requiring a single noticed general permit for contiguous areas unless the projects are served by separate withdrawal facilities; 3) granting a general permit by rule for short-term dewatering and for closed-loop systems; 4) setting forth circumstances under which the water use would qualify for a noticed general permit and when an applicant must apply for an individual permit; 5) replacing old water use forms with new ones; 6) incorporating provisions from Chapter 40E-20, F.A.C.; 7) conforming to the Water Resource Implementation Rule on minimum flows and levels; 8) providing for modifications of permits by letter for certain types of projects or activities; and 9) facilitating implementation of the recent amendments to Section 373.236(5), F.S.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.

LAW IMPLEMENTED: 373.042, 373.0421, 373.079, 373.083, 373.103(1), 373.109, 373.118, 373.196, 373.203, 373.216, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.244, 373.249, 373.250 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.