11621587, 40E-0.101 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11621587

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-0.101	Scope
40E-0.102	Time for Consideration of Emergency Petition for Variance or Waiver
40E-0.107	Emergency Action
40E-0.108	Emergency Authorization
40E-0.109	Point of Entry Into Proceedings and Mediation
40E-0.111	Exemptions and Variances for Well Construction Permits
40E-0.115	Variances from Water Use Restrictions

PURPOSE:

The South Florida Water Management District (SFWMD) gives notice that it is developing rules, 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), minimum flows and levels, and water supply related programs of the WMDs.  Procedural issues will also be addressed.  This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida.  SFWMD anticipates potential amendments to Chapters 40E-0, 40E-1, 40E-2, 40E-3, 40E-5, 40E-8, 40E-10, 40E-20, 40E-21, 40E-22, 40E-24, and the Basis of Review for Water Use Permit Applications within the South Florida Water Management District. These changes will address the goals of the DEP and the WMDs for this rulemaking, including: 1) making the consumptive use permitting program less confusing for applicants, particularly those who work in more than one District; 2) treating applicants equitably statewide; 3) providing consistent protection of the environment; 4) streamlining the permitting process; and, 5) incentivizing behavior that protects water resources, including conservation. Additional information about the statewide CUP consistency initiative and this rule development effort is available at DEP's website at: http://www.dep.state.fl.us/water/waterpolicy/cupcon.htm.

SUBJECT:

This rule development will address amendment, repeal, or development of rules needed to accomplish CUP consistency goals and is expected to include, but not be limited to, such topics as:  1) conditions for issuance of consumptive use permit applications; 2) technical permit application review criteria; 3) water conservation; 4) limiting conditions; 5) permit thresholds; 6) permit types; 7) permit duration; 8) modification of permits; 9) 10-year compliance reports; 10) compliance monitoring and forms; 11) application forms; 12) permit fees to address  changes to permit thresholds or permit types; 13) procedural rules; and 14) 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), 120.60, 373.044, 373.113, 373.171, 373.439, 668.003, 668.004, 668.50, F.S.

LAW:

120.54(5), 120.569, 120.57, 120.60, 373.146, 373.175, 373.246, 373.303, 373.308, 373.313, 373.316, 373.326, 373.413, 373.427, 373.439, 668.003, 668.004, 668.50, F.S.

PRINT PUBLISH DATE:

7/20/2012 Vol. 38/29

RELATED STATUTES
AND LAWS:

120.54(5), 120.60, 373.044, 373.113, 373.171, 373.439, 668.003, 668.004, 668.50, F.S., 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.175, 373.246, 373.303, 373.308, 373.313, 373.316, 373.326, 373.413, 373.427, 373.439, 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-0.101&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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