11445241, 40E-0.102 - Florida Administrative Rules, Law, Code, Register

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Notice: 11445241

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE

Overview

RULE:

40E-0.102	Time for Consideration of Emergency Petition for Variance or Waiver
40E-0.109	Point of Entry Into Proceedings and Mediation
40E-0.113	Variances from Specified Review Criteria for Environmental Resource Permits (Repealed)

PURPOSE:

The South Florida Water Management District (SFWMD) gives notice that is is developing as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP) programs of the WMDs. This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida. This rule development will make appropriate rule amendments to SFWMD's Chapters 40E-1, 40E-2, 40E-20, 40E-21, 40E-22, 40E-8, and the Basis of Review for Water Use Permit Applications within the South Florida Water Management District, to address the following goals of the DEP and the WMDs for this rulemaking: (1) making the CUP rules less confusing for applicants; (2) treating applicants equitably statewide; (3) providing consistent protection of the environment; (4) streamlining the application and permitting process; and (5) incentivizing behavior that protects water resources, including water conservation. Additional information about the statewide CUP consistency initiative is available at DEP's website at: www.dep.state.fl.us/waterpolicy/cupcon.htm.

SUBJECT:

Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) annual allocation requirements and other rules needed to provide continuous reasonable assurance throughout the duration of a permit; (6) modification of permits; (7) 10-year compliance reports; (8) compliance monitoring and forms; (9) permit fees to address (in a revenue-neutral manner) related changes to permit thresholds or permit types; (10) procedural rules in Chapter 40E-1, F.A.C.; (11) water shortage plan rules in Chapter 40E-21, F.A.C.; (12) minimum flows and levels (MFLs) in Chapter 40E-8, F.A.C.; and (13) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above. Note: Members of the District's Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.113, 373.118, 373.171, F.S.

LAW:

120.569, 120.57, 120.60, 373.146, 373.175, 373.246, 373.303, 373.308, 373.313, 373.316, 373.326, 668.003, 668.004, 668.50

PRINT PUBLISH DATE:

6/1/2012 Vol. 38/22

RELATED STATUTES
AND LAWS:

120.54(5), 373.044, 373.113, 373.118, 373.171, F.S., 120.569, 120.57, 120.60, 373.146, 373.175, 373.246, 373.303, 373.308, 373.313, 373.316, 373.326, 668.003, 668.004, 668.50

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40E-0.102&PDate=6/1/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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