11615767, 40E-2.010 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11615767

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

CONSUMPTIVE USE

Overview

RULE:

40E-2.010	Review of Consumptive Use Permit Applications
40E-2.011	Policy and Purpose
40E-2.031	Implementation
40E-2.041	Permits Required
40E-2.091	Publications Incorporated by Reference
40E-2.101	Content of Application
40E-2.331	Modification of Permits
40E-2.341	Revocation of Permits
40E-2.381	Permit Conditions
40E-2.451	Emergency Authorization
40E-2.501	Permit Classification

PURPOSE:

To update the District’s rules to ensure that its rules are correct and comply with statutory requirements, in accordance with Section 120.74, F.S.

SUMMARY:

The proposed amendments include: 1) updating references to repealed rules; 2) updating titles of referenced rule chapters; 3) correcting typographical errors; 4) updating delegation pursuant to Sections 373.079(4) and 373.083(5), F.S.; 5) updating rules to incorporate forms in accordance with Section 120.55(1)(a)4. and 5., F.S.; and 6) adding ePermitting option to be consistent with other rules.
In addition, the amendments update the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., as follows: 1) update references to repealed rules; 2) update delegation pursuant to Sections 373.079(4) and (5), F.S.; 3) clarify types of permits; 4) correct typographical errors; 5) delete sections regarding basin expiration dates; 6) update rules to reflect compliance reports should be submitted every 10 years rather than 5, in accordance with Section 373.236(3), F.S.; 7) change definition of “Xeriscape” to "Florida Friendly Landscaping" pursuant to Section 373.185, F.S.; 8) update name of map; 9) move Figure 3-4 and re-label Figures 3-5 and 3-6; 10) update rules to incorporate forms in accordance with Section 120.55(1)(a)4. and 5., F.S.; 11) add e-Permitting option to be consistent with other rules; and 12) delete outdated contact information.

RULEMAKING AUTHORITY:

120.54(5), 120.60, 373.044, 373.113, 373.118, 373.171 FS.

LAW:

120.54(5), 120.60, 373.042, 373.0421, 373.079, 373.083, 373.103(1), 373.109, 373.196, 373.203, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.232. 373.233, 373.236, 373.239, 373.244, 373.246, 373.249, 373.250 FS.

PRINT PUBLISH DATE:

7/6/2012 Vol. 38/27

COMMENTS:

From 7/6/2012 To 7/27/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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