11621684, 40E-1.021 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 11621684

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-1.602	Permits Required
40E-1.603	Application Procedures for Processing Permit Applications or Notices of Intent
40E-1.604	Bond
40E-1.6058	Posting, Publication and Requests for Notification of 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-1.609	Suspension, Revocation and Modification of Permits
40E-1.610	Permit Renewal
40E-1.6105	Notification of Transfer of Interest in Real Property
40E-1.6107	Transfer of Surface Water Management, or Water Use, or Wetland Resource Permit
40E-1.659	Forms and Instructions (Repealed)
40E-1.711	Orders of Corrective Action and Consent Orders
40E-1.715	Civil Penalty Calculation
40E-1.721	Complaints, District Investigations, Probable Cause Determinations and Notices of Violations

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:

120.53(1), 218.075, 373.044, 373.109, 373.113, 373.119, 373.129, 373.136, 373.333(1), 373.4135, 373.4136, 373.416, 373.421, 668.003, 668.004, 668.50, 695.03, 704.06, F.S.

LAW:

120.53(1), 120.57, 120.60, 120.69, 218.075, 373.083, 373.085, 373.103, 373.106, 373.107, 373.109, 373.116, 373.119, 373.129, 373.136, 373.171, 373.209(3), 373.219, 373.229, 373.239, 373.243, 373.309, 373.323, 373.333(2), 373.413, 373.4135, 373.4136, 373.416, 373.417, 373.421, 373.422, 373.426, 373.429, 373.430, 373.436, Chapter 373 Parts II and IV, 373.603, 403.201, 668.003, 668.004, 668.50, 704.06, F.S.

PRINT PUBLISH DATE:

7/20/2012 Vol. 38/29

RELATED STATUTES
AND LAWS:

120.53(1), 218.075, 373.044, 373.109, 373.113, 373.119, 373.129, 373.136, 373.333(1), 373.4135, 373.4136, 373.416, 373.421, 668.003, 668.004, 668.50, 695.03, 704.06, F.S., 120.53(1), 120.57, 120.60, 120.69, 218.075, 373.083, 373.085, 373.103, 373.106, 373.107, 373.109, 373.116, 373.119, 373.129, 373.136, 373.171, 373.209(3), 373.219, 373.229, 373.239, 373.243, 373.309, 373.323, 373.333(2), 373.413, 373.4135, 373.4136, 373.416, 373.417, 373.421, 373.422, 373.426, 373.429, 373.430, 373.436, Chapter 373 Parts II and IV, 373.603, 403.201, 668.003, 668.004, 668.50, 704.06, 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=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.