The overall purpose of this rule amendment is to update rule references and incorporate a form.

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NOS.:RULE TITLES:

40A-44.051 Exemptions

40A-44.052 Authorization for Certain Forestry Projects

40A-44.091 Processing of Permits

40A-44.101 Content of Application

40A-44.331 Modification of Permits

40A-44.341 Revocation of Permits

40A-44.351 Transfer of Permits

PURPOSE AND EFFECT: The overall purpose of this rule amendment is to update rule references and incorporate a form.

SUMMARY: This rule development will cover updating rule references and incorporating form A-44D.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The agency has determined that this rule will not have an adverse impact on small business or 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 District.

The District 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 here: Upon review of the proposed changes to the rule and incorporated forms, the District has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to 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, 373.418, 373.813, 380.06, FS.

LAW IMPLEMENTED: 373.116, 373.118, 373.406, 373.406(5), 373.413, 373.4141, 373.416, 373.416(2), 373.418, 373.423, 373.426, 373.429, 380.06, 380.06(9), 403.813, 403.927(3), 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: Selina Potter, Bureau Chief, Northwest Florida Water Management District, Bureau of Performance and Compliance Improvement, 152 Water Management Drive, Havana, FL 32333, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40A-44.051 Exemptions.

(1) No change.

(2) Projects permitted pursuant to this chapter are exempted from the provisions of Chapter 62-330 40A-4, F.A.C., as long as the land served by the project continues to be used for agriculture or forestry.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418, 373.813 FS. Law Implemented 373.416, 373.406, 373.413, 373418, 373.426, 403.813 FS. History–New 10-1-84, Amended          .

 

40A-44.052 Authorization for Certain Forestry Projects.

(1) through (4) No change.

(5) If at any time the District discovers that an Authorization has been used to conduct minor forestry works which do not qualify for an Authorization under this section, or an authorized activity is not being conducted in accordance with the conditions described in this section, the District shall either require application for a permit pursuant to Chapter 62-330 40A-4, 40A-6 or 40A-44, F.A.C., or shall take administrative or judicial enforcement action, or any combination thereof, as it deems appropriate.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History–New 10-1-84, Amended 9-15-86, 8-1-89, 7-1-92, 8-6-13,            .

 

40A-44.091 Processing of Permits.

(1) No change.

(2) General surface water management permits for projects other than impoundments constructed in waters in the State shall be processed in accordance with all applicable provisions of Chapter 40A-1, F.A.C., and may be issued by the Executive Director or his designee after the submitted application is determined to be complete and meets the requirements of this chapter. However, upon a determination that the District and its resources would be better served, the Executive Director may require any application to be referred to the Governing Board for approval.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.116, 373.118, 373.406, 373.413, 373.4141, 373.416, 373.426, 380.06(9) FS. History–New 10-1-84, Amended 7-1-92, 7-1-98, 8-6-13,           .

 

40A-44.101 Content of Application.

(1) Applications for permits required by this chapter shall include:

(a) through (f) No change.

(g) An inventory of endangered or threatened species, and species of special concern known to occur on the site, as listed pursuant to Rules 5B-40.0055, and 68A-27.003-, and 68A-27.005, F.A.C.; Section 581.185(2)(b) and (h), F.S.; and 50 CFR 17.11-12; and,

(h) No change.

(2) through (3) No change.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.116, 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History–New 10-1-84, Amended 7-1-92, 8-6-13,           .

 

40A-44.331 Modification of Permits.

An application for modification of a surface water management permit shall be processed in accordance with this rule, unless otherwise revoked, suspended or expired.

(1) No change.

(2) Applications to modify Individual Surface Water Construction or Individual Operation and Maintenance permits may be made;

(a) No change.

(b) By letter, provided the requested modification does not:

1. through 5. No change.

6. Exceed water quality standards at points of discharge as provided in Chapters 62-302 and 62-4, F.A.C.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.418, 380.06 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426, 373.429, 380.06 FS. History–New 10-1-84, Amended 7-1-98,           .

 

40A-44.341 Revocation of Permits.

(1) No change.

(2) The conversion of a project to any use other than forestry or agriculture shall result in the revocation of the permit and be subject to the applicable provisions of Chapter 403, F.S., and Chapter 62-330 40A-4, F.A.C.

(a) through (b) No change.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.423, 373.429 403.927(3) FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 7-1-98, 8-6-13,           .

 

40A-44.351 Transfer of Permits.

(1) through (2) No change.

(3) Requests for transfer of permit shall be made on Form No. A44-D, Request for and Acceptance of Transfer of Permit Issued, effective 7-1-92, which is hereby incorporated by reference, copies of which can be obtained by contacting the District or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07540 or the District’s website www.nwfwater.com.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416(2), 373.418, 373.426 FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 8-6-13,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Selina Potter, Bureau Chief, Bureau of Performance and Compliance Improvement

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 27, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 20, 2016