11445532, 40E-1.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 11445532

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

GENERAL AND PROCEDURAL

Overview

RULE:

40E-1.021	Definitions
40E-1.603	Application Procedures for Processing Permit Applications or Notices of Intent
40E-1.6065	Consideration of Intended Agency Decision on Permit Applications
40E-1.607	Permit Application Processing Fees
40E-1.6107	Transfer of Surface Water Management, or Water Use, or Wetland Resource Permit
40E-1.615	Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern
40E-1.659	Forms and Instructions (Repealed)
40E-1.711	Orders of Corrective Action and Consent Orders
40E-1.715	Civil Penalty Calculation

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:

373.044, 373.109, 373.113, 373.171, F.S.

LAW:

120.53(1), 120.54(5), 120.569, 120.57, 120.60, 218.075, 373.083, 373.085, 373.103, 373.106, 373.107, 373.109, 373.116, 3373.119, 373.129, 373.136, 373.146, 373.171, 373.209, 373.219, 373.229, 373.239, 373.333, 373.243, 373.309, 373.323, 668.003, 668.004, 668.50, F.S.

PRINT PUBLISH DATE:

6/1/2012 Vol. 38/22

RELATED STATUTES
AND LAWS:

373.044, 373.109, 373.113, 373.171, F.S., 120.53(1), 120.54(5), 120.569, 120.57, 120.60, 218.075, 373.083, 373.085, 373.103, 373.106, 373.107, 373.109, 373.116, 3373.119, 373.129, 373.136, 373.146, 373.171, 373.209, 373.219, 373.229, 373.239, 373.333, 373.243, 373.309, 373.323, 668.003, 668.004, 668.50, F.S.

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-1.021&PDate=6/1/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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