The purpose and effect of the proposed amendments to rules in Chapter 40C-2, F.A.C., will be to update the types of consumptive use permits the District staff is delegated the authority to approve, and make conforming changes, corrections, and ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-2.041Permits Required

40C-2.101Publications Incorporated by Reference

40C-2.900Forms and Instructions

PURPOSE AND EFFECT: The purpose and effect of the proposed amendments to rules in Chapter 40C-2, F.A.C., will be to update the types of consumptive use permits the District staff is delegated the authority to approve, and make conforming changes, corrections, and clarifications in the Chapter 40C-2 rules and in the Applicant’s Handbook, Consumptive Uses of Water (AH), which is incorporated by reference in 40C-2.101(1)(a) F.A.C..

SUMMARY: Updating types of consumptive use permits that District staff is delegated the authority to approve.

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: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

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, 373.113, 373.171, 373.216 FS.

LAW IMPLEMENTED: 373.083(5), 373.103, 373.116, 373.219, 373.223, 373.229, 373.2295, 373.233, 373.236, 373.239, 373.244 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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, [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: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail], and Mary Ellen Winkler, Deputy General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-2.041 Permits Required.

(1) through (2) No change.

(3) Uses equal to or less than 500,000 gallons per day calculated as an annual average are processed pursuant to Section 1.4.5.5, Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(4) through (10) renumbered as (3) through (9) No change.

Rulemaking Authority 373.113, 373.216 FS. Law Implemented 373.219, 373.226 FS. History–New 1-2-77, Amended 1-1-83, 6-1-84, Formerly 40C-2.04, Amended 5-31-84, Formerly 40C-2.041, 40C-2.0041, Amended 7-23-91, 12-6-93, 2-15-95, 4-25-96, 1-7-99, 11-11-03, 8-14-14, 11-3-15, 7-1-18,               .

 

40C-2.101 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a) Parts I (https://www.flrules.org/Gateway/reference.asp? https://www.flrules.org/Gateway/reference.asp?No=Ref-08551), subsections 62-40.416(7)-(8), F.A.C., effective November 3, 2015, in Appendix G (https://www.flrules.org/Gateway/reference.asp?No=Ref-04443), and Limiting Conditions for subsection 40C-2.042(9), F.A.C., Dewatering General Permits by Rule in Appendix I (https://www.flrules.org/Gateway/reference.asp?No=Ref-05973) of the document entitled “Applicant’s Handbook, Consumptive Uses of Water,” effective effective date March 19, 2018. The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions that pertain to the District’s administration of the consumptive use permitting program.

(b) through (c) No change.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.17, 373.227(5) FS. Law Implemented 373.042, 373.0421, 373.079, 373.083(5), 373.103, 373.109, 373.219, 373.223, 373.226, 373.227, 373.229, 373.233, 373.236, 373.239, 373.250, 373.62, 373.805 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06, 2-13-08, 8-12-08, 3-8-09, 12-27-10, 2-2-12, 9-16-12, 8-14-14, 11-3-15, 3-19-18, 7-1-18,            .

 

40C-2.900 Forms and Instructions.

(1) Consumptive Use Permit Application, Form Number 40C-2-900(1), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04416. This form is referenced in subsection 40C-2.041(3)(4), paragraphs 40C-2.042(2)(c) and 40C-2.331(1)(a), F.A.C., and in Sections 1.4.3.3(b) and, 1.4.4.2, 1.4.5.5.1(c) and 1.4.5.5.2 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C. The following supplemental application forms referenced in the Consumptive Use Permit Application, Form Number 40C-2.900(1), are hereby incorporated by reference:

(a) through (g) No change.

(2) Consumptive Use Permit Minor Individual Supplemental Form, Form Number 40C-2.900(2), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04424. This form is referenced in subsection 40C-2.041(3)(4) and paragraph 40C-2.331(1)(a), F.A.C., and in Sections 1.4.3.3(b) and, 1.4.4.2, 1.4.5.5.1(c) and 1.4.5.5.2 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(3) Consumptive Use Permit Application for Landscape Irrigation for One Additional Day Per Week, Form Number 40C-2.900(3), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04425. This form is referenced in paragraphs 40C-2.042(2)(c) and 40C-2.331(1)(a), F.A.C., and in Sections 1.4.3.3(b) and, 1.4.4.2, and 1.4.5.1(c) of Part I of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C. 

(4) through (15) No change.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.109, 373.116, 373.118, 373.219, 373.229 FS. History–New 5-30-90, Amended 7-21-91, 7-23-91, 1-20-93, 2-15-95, 4-25-96, 10-2-96, 1-7-99, 2-15-06, 3-8-09, 2-2-12, 8-14-14, 11-3-15, 7-1-18,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 10, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 17, 2018