11752052, 40C-2.031 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11752052

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

PERMITTING OF CONSUMPTIVE USES OF WATER

Overview

RULE:

40C-2.031	Implementation
40C-2.041	Permits Required
40C-2.042	General Permit by Rule
40C-2.051	Exemptions
40C-2.101	Publications Incorporated by Reference
40C-2.301	Conditions for Issuance of Permits
40C-2.302	Reservation of Water from Use
40C-2.311	Competing Applications (Repealed)
40C-2.321	Duration of Permit
40C-2.331	Modification of Permits
40C-2.351	Transfer of Permits
40C-2.361	Renewal of Permits
40C-2.381	Permit Limiting Conditions
40C-2.401	Identification Tags
40C-2.501	Permit Classification
40C-2.900	Forms and Instructions

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-2.031&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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