Summary


Individual Water Use Permits and Individual Environmental Resource Permits are issued for projects having greater potential for impacts to the water resources. The current process requires that all Individual permits be scheduled for agency action at a Governing Board meeting. This approval step adds time and expense for applicants as well as costs for the District. Based upon a recent study of permitting practices, the District’s Office of Inspector General has recommended that the Governing Board delegate to designated staff authority to take agency action on routine, noncontroversial Individual permit applications under certain circumstances and that staff be delegated authority to initiate agency action on permit denials. Accordingly, amendments are proposed to Chapters 40D-1, 40D-2, 40D-4, and 40D-40, F.A.C., to implement a delegation process for agency action on certain Individual permits and for permit denials. Rule 40D-1.002, F.A.C., is amended to delegate to the Executive Director, Deputy Executive Director for Resource Regulation and the Regulation Department Directors the authority to issue selected Individual Water Use and Environmental Resource Permits. Rule 40D-1.600, F.A.C. is amended to state that Individual Permits may be issued by the Governing Board or staff. For those permits issuable by staff, upon request of the applicant, Executive Director or a Governing Board, the application may be referred to the Governing Board for agency action. Former Rule 40D-1.1020, F.A.C., is moved and renumbered as Rule 40D-1.6051, F.A.C., and is further amended to add a provision that if an application remains incomplete for more than 365 days and no further time extension will be granted, the application can be denied. Proposed denials will become final 21 days after notice unless the application is amended or withdrawn, a petition for hearing is filed, or a request is made to refer the application to the Governing Board.