11746135, 40D-1.002 - Florida Administrative Rules, Law, Code, Register

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Notice: 11746135

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.002	Delegation of Authority
40D-1.1001	Variances from Water Well Construction Rules
40D-1.1002	Variances and Waivers from Water Shortage Rules and Orders
40D-1.1003	Time for Consideration of a Petition for an Emergency Variance or Waiver
40D-1.1010	Point of Entry into Proceedings
40D-1.102	Definitions
40D-1.1021	Emergency Authorizations for Activities Regulated Under Part IV of Chapter 373, F.S. (Repealed)
40D-1.1022	Emergency Authorizations for Activities Regulated Under Part III Chapter 373, F.S.
40D-1.140	District Funds
40D-1.602	Permits Required
40D-1.603	Permit Application Procedures
40D-1.604	Bonds (Repealed)
40D-1.6051	Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications
40D-1.607	Permit Processing Fee
40D-1.608	Permit Fee Reduction for Certain Counties, Municipalities, and Other Authorized Entities
40D-1.6105	Limiting Conditions
40D-1.659	Forms and Instructions

PURPOSE:

The Southwest Florida Water Management District (SWFWMD) 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 (MFLs), and water supply related 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 SWFWMD’s Chapters 40D-1, 40D-2, 40D-8, 40D-20, 40D-21, and 40D-22, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual 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/water/waterpolicy/cupcon.htm.

SUBJECT:

This rule development will include, but may not be limited to, 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)  permit duration; (6) water conservation requirements; (7) annual allocation requirements and other rules needed to provide continuous reasonable assurance throughout the durationof a permit; (8) modification of permits; (9) 10-year compliance reports; (10) compliance monitoring and forms; (11) application forms; (12) permit fees to address related changes to permit thresholds or permit types; (13) procedural rules in chapter 40D-1, F.A.C.; (14) water shortage plan rules in chapter 40D-21, F.A.C.; (15) minimum flows and levels (MFLs) rules in chapter 40D-8, F.A.C.; and (16) 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, 373.113, 373.171, FS.

LAW:

373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250, FS.

PRINT PUBLISH DATE:

7/20/2012 Vol. 38/29

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.171, FS., 373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250, FS.

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=40D-1.002&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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