11751858, 40C-1.1004 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11751858

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ORGANIZATION AND PROCEDURE

Overview

RULE:

40C-1.1004	Variances from Water Shortage Orders or Water Shortage Emergency Orders
40C-1.1005	Time for Consideration of Emergency Petition for Variances
40C-1.1007	Point of Entry Into Proceedings
40C-1.1008	Timeframe for Providing Requested Information
40C-1.1011	Submitting Notice of Intent for Consumptive Use Permits Under Rule 40C-20.042, F.A.C. (Repealed)
40C-1.1012	Submitting Notice of Intent for Consumptive Use Permits Under Chapter 40C-22, F.A.C. (Repealed)
40C-1.106	Interagency Agreements
40C-1.135	Delegations of Authority
40C-1.601	General
40C-1.602	Licenses or Permits Required
40C-1.603	Permit Fees
40C-1.607	Issuance of a License or Permit
40C-1.610	License or Permit Renewal
40C-1.612	Transfer of Ownership or Permit

PURPOSE:

The St. Johns River Water Management District (SJRWMD) 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 SJRWMD’s Chapters 40C-1, 40C-2, 40C-20, 40C-21, 40C-22, and 40C-8, F.A.C., and the Applicant’s Handbook: Consumptive Uses of Water 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:

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)  permit duration; (6) water conservation requirements; (7) annual allocation requirements and other rules needed to provide continuous reasonable assurance throughout the duration of 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 40C-1, F.A.C.; (14) water shortage plan rules in chapter 40C-21, F.A.C.; (15) minimum flows and levels (MFLs) rules in chapter 40C-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 Workshops.

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=40C-1.1004&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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