The purpose of this rulemaking is to incorporate the publications, forms, and agreements contained in Rule 40D-4.091, F.A.C., into Rule 40D-1.659, F.A.C. The effect of this rulemaking is that all the documents related to District permitting will be ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.: RULE TITLE:

40D-1.659: Forms and Instructions

PURPOSE AND EFFECT: The purpose of this rulemaking is to incorporate the publications, forms, and agreements contained in Rule 40D-4.091, F.A.C., into Rule 40D-1.659, F.A.C. The effect of this rulemaking is that all the documents related to District permitting will be located in one rule. This rulemaking will also rearrange Rule 40D-1.659, F.A.C., so that the publication, forms, and agreements are organized by subject matter to correspond with the appropriate rule chapter.

SUMMARY: Forms and Instructions

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

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

The Agency 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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.

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.

RULEMAKING AUTHORITY: 373.044, 373.046, 373.113, 373.149, 373.171, 373.337, 373.414 FS.

LAW IMPLEMENTED: 373.079, 373.083, 373.114, 373.116, 373.171, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.403, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.419, 373.421, 373.429, 373.441, 373.705, 373.707, 668.50 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: Adrienne E. Vining, Senior Attorney, SWFWMD, 7601 U.S. Highway 301 North, Tampa, FL 33637. [phone], ext 2139. (OGC# 2015030)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

 

40D-1.659 Forms, and Instructions, and Agreements Incorporated by Reference.

The following forms, and instructions and agreements have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.WaterMatters.org.

(1) REGULATION OF WELLS GROUND WATER:

(a) through (g) No change.

(h) PUBLIC SUPPLY WELL INFORMATION AND CLASSIFICATION FORM, FORM NO. LEG-R.015.02 (08/11), (http://www.flrules.org/Gateway/reference.asp?No=Ref-00740), incorporated by reference in paragraph 40D-3.101(2)(b), F.A.C.

(2) CONSUMPTIVE USE OF WATER:

(h) through (o) renumbered (a) through (h) No change.

(i)(p) LETTER MODIFICATION SHORT FORM APPLICATION, FORM NO. LEG-R.035.02 (5/14), (http://www.flrules.org/Gateway/reference.asp?No=Ref-03747), incorporated by reference in subsection 40D-2.331(2), F.A.C.

(q) through (v) renumbered (j) through (o) No change.

(w) PUBLIC SUPPLY WELL INFORMATION AND CLASSIFICATION FORM, FORM NO. LEG-R.015.02 (08/11), (http://www.flrules.org/Gateway/reference.asp?No=Ref-00740), incorporated by reference in paragraph 40D-3.101(2)(b), F.A.C.

(x) through (ll) renumbered (p) through (dd) No change.

(3)(2) ENVIRONMENTAL RESOURCE PERMITTING SURFACE WATER.: The following forms are for use with grandfathered surface water or environmental resource permit applications or permits. Activities authorized pursuant to Chapter 62-330, F.A.C., shall use the forms incorporated therein.

(a) Activities authorized pursuant to Chapters 62-330 and 62-342, F.A.C., shall use the forms incorporated therein.

(a) JOINT APPLICATION FOR: ENVIRONMENTAL RESOURCE PERMIT/AUTHORIZATION TO USE STATE OWNED SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT, FORM 547.27/ERP (08/11), incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.

(b) STATEMENT OF COMPLETION AND REQUEST FOR TRANSFER TO OPERATION ENTITY, FORM 547.27/SOC (4/09), incorporated by reference in subparagraph 40D-4.351(2)(a)1., F.A.C.

(c) MITIGATION BANK PERFORMANCE BOND TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/PB (4/09), incorporated by reference in paragraph 40D-4.091(6)(a), F.A.C.

(d) MITIGATION BANK IRREVOCABLE LETTER OF CREDIT TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/ILC (4/09), incorporated by reference in paragraph 40D-4.091(6)(b), F.A.C.

(e) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/CIFA (4/09), incorporated by reference in paragraph 40D-4.091(6)(c), F.A.C.

(f) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE PERPETUAL MANAGEMENT FINANCIAL RESPONSIBILITY, FORM MB/PMFA (4/09), incorporated by reference in paragraph 40D-4.091(6)(d), F.A.C.

(g) NOTIFICATION AND REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT, FORM NO. LEG-R.043.01 (9/11), incorporated by reference in paragraph 40D-4.351(1)(a), F.A.C.

(h) STATEMENT OF INSPECTION FOR PROPER OPERATION AND MAINTENANCE, FORM NO. LEG-R.044.00 (4/09), incorporated by reference in subsection 40D-4.351(3), F.A.C.

(i) ENVIRONMENTAL RESOURCE PERMIT MODIFICATION SHORT FORM, FORM NO. LEG-R.013.02 (08/11), incorporated by reference in paragraph 40D-4.331(2)(b), F.A.C.

(b) Southwest Florida Water Management District Environmental Resource Permitting Applicant’s Handbook Volume II (10/1/13) (http://www.flrules.org/Gateway/reference.asp?No=Ref-07116) is also available at the District’s website and from the District upon request. Applicant’s Handbook Volume II applies only to permit applications, exemptions, notices and petitions for formal or informal delineations that are processed under the statewide environmental resource permit rule to be adopted by the Department of Environmental Protection as Chapter 62-330, F.A.C.

(c) Operating Agreement Concerning Regulation Under Chapter 373, Part IV, F.S., Between Southwest Florida Water Management District and Department of Environmental Protection (7/1/07), available at (http://www.flrules.org/Gateway/reference.asp?No=Ref-07117).

(d) Memorandum of Understanding Between the Southwest Florida Water Management District and the Environmental Protection Commission of Hillsborough County Regarding Coordination of Regulatory Activities (10/19/05), available at (http://www.flrules.org/Gateway/reference.asp?No=Ref-07118).

(e) Coordination Agreement Between the U.S. Army Corps of Engineers Jacksonville District and the Southwest Florida Water Management District State Programmatic General Permit (8/12/15), available at (

http://www.flrules.org/Gateway/reference.asp?No=Ref-07119).

(4)(3) OTHER:

(a) through (g) No change.

 

Rulemaking Authority 373.044, 373.046, 373.113, 373.149, 373.171, 373.337, 373.414 FS. Law Implemented 373.079, 373.083, 373.114, 373.116, 373.171, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.403, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4131,373.4144, 373.416, 373.419, 373.421, 373.429, 373.441, 373.705, 373.707, 668.50 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05(1) and (2), 10-19-05(5), 10-19-05(20), 2-6-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09, 1-27-10, 4-12-10, 4-27-10, 9-5-10, 9-12-10, 12-7-10, 1-16-11, 6-16-11, 12-12-11, 12-29-11, 2-9-12, 10-14-12, 2-13-13, 5-19-14, 6-29-14, 2-18-15,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adrienne E. Vining, Senior Attorney

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 08/25/15

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/19/15