11752537, 40C-21.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 11752537

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

THE WATER SHORTAGE PLAN

Overview

RULE:

40C-21.001	Policy and Purpose
40C-21.051	Definitions
40C-21.221	Monitoring and Evaluating Water Conditions
40C-21.231	Declaring a Water Shortage
40C-21.251	Water Shortage Phases
40C-21.271	General Water Use Restrictions (Repealed)
40C-21.291	Implementing or Modifying a Water Shortage Declaration
40C-21.331	Declaring a Water Shortage Emergency
40C-21.371	Water Use Restrictions in a Water Shortage Emergency
40C-21.391	Implementing a Water Shortage Emergency
40C-21.401	Monitoring (Repealed)
40C-21.421	Enforcement
40C-21.511	Classification System
40C-21.531	Source Classes
40C-21.551	Use Classes
40C-21.571	Method of Extraction or Diversion Classes (Repealed)
40C-21.601	Water Use Restrictions and Other Measures
40C-21.621	Phase I Moderate Water Shortage
40C-21.631	Phase II Severe Water Shortage
40C-21.641	Phase III Extreme Water Shortage
40C-21.651	Phase IV Critical Water Shortage

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-21.001&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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