Duration of Permits, Modification of Permits

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-2.321Duration of Permits

40D-2.331Modification of Permits

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 81, April 27, 2015 issue of the Florida Administrative Register.

These changes are in response to written comments received from the Joint Administrative Procedures Committee dated May 28, 2015.  The rule changes are as follows: inclusion the date of the District’s Water Use Permit Applicant’s Handbook Part B in its reference in the rule as required by Section 120.54 (1)(i)1., F.S.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-2.321 Duration of Permits.

(1) When requested by an applicant, a WUP shall have a duration of 20 years provided the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (__/__), (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676), for the requested duration.

(2) If there are pre-existing adverse impacts resulting from the permittee’s existing permit that are being addressed through a mitigation plan that includes a minimum flow and recovery strategy that must be eliminated by the tenth year of the permit, the water use permit shall have a duration of 10 years provided that the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (__/__), (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676), for the permit’s duration. Subsection (3) shall not apply to a permit required to have a 10 year duration pursuant to subsection 40D-2.321(2), F.A.C.

(3) Permits that do not qualify for a 20 year permit duration pursuant to subsection 40D-2.321(1), F.A.C., shall be issued for a shorter duration that reflects the period for which the applicant has provided sufficient data to demonstrate such reasonable assurances that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (__/__), (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676).

(4) through (7) No change.

Rulemaking Authority 373.044, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.219, 373.223, 373.227, 373.236, 373.250 FS. History–New 10-5-74, Amended 12-31-74, 10-24-76, 1-6-82, 3-11-82, Formerly 16J-2.13, Amended 10-1-89, 7-28-98, 1-1-03, 1-1-07, 2-13-08, 12-30-08, 6-30-10, 1-1-13, 5-19-14, ________.

 

40D-2.331 Modification of Permits.

(1) A permittee may seek modification of any of the terms and conditions of an unexpired permit except when the sole purpose is to modify the expiration date. Notwithstanding, a permittee may seek modification for the sole purpose of modifying the expiration date if it is pursuant to subsection 40D-2.321(5), F.A.C, or when a public water supply permittee achieves demonstrable savings attributable to implementation of a water conservation plan pursuant to Sections 2.4.8.6 and 2.4.8.7 of the Applicant’s Handbook. A permit expiration date may also be modified upon request and documentation by the permittee, if the modification application is deemed by the District to be substantial, as described in the WUP Applicant’s Handbook Part B, (__/__), Section 1.4.11 resulting in the modification application to (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676), be processed as a renewal application with modification. A request for modification shall be reviewed in accordance with the rules in effect at the time the modification is filed.

(2) through (3) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.171, 373.219, 373.236, 373.239 FS. History–New 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, 11-2-09, 7-10-13, 5-19-14, ________.

 

THE PERSON TO BE CONTACTED REGARDING THE NOTICE OF CHANGE TO PROPOSED RULES AND A COPY OF THE CHANGES IS: Melissa Knight Nodhturft, Staff Attorney, 7601 U.S. Highway 301 N., Tampa, FL  33637, [phone] (4672) (OGC #2015008).