11753022, 62-40.110 - Florida Administrative Rules, Law, Code, Register

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Notice: 11753022

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

WATER RESOURCE IMPLEMENTATION RULE

Overview

RULE:

62-40.110	Declaration and Intent
62-40.120	Department Rules
62-40.210	Definitions
62-40.310	General Policies
62-40.410	Water Supply Protection and Management
62-40.412	Water Conservation
62-40.416	Water Reuse and Recycling
62-40.473	Minimum Flows and Levels
62-40.474	Reservations
62-40.510	Florida Water Plan
62-40.520	District Water Management Plans
62-40.530	Department Review of District Water Management Plans
62-40.531	Regional Water Supply Plans
62-40.540	Water Data

PURPOSE:

The Department of Environmental Protection gives notice that it is developing rules as instructed by House Bill 639 and as part of the statewide effort to improve consistency in the Consumptive Use Permitting Programs implemented by the Water Management Districts.   House Bill 639 requires the Department to initiate rule making by October 1, 2012 to revise the Water Resource Implementation Rule, Chapter 62-40, F.A.C., to include criteria for reuse offsets and credits.  The criteria that will be proposed is the product of the Reclaimed Water Policy Workgroup, meeting since January 2009, and comprised of representatives of the Florida Department of Environmental Protection, Florida’s five water management districts, Florida Water Environment Association Utility Council, Florida League of Cities, Florida Association of Counties, individual local government utilities, and environmental consulting firms.  The Workgroup was convened to discuss how state regulatory policy could better optimize the reuse of reclaimed water.  In addition to offsets and credits, Chapter 62-40 will also be revised to include other recommendations of the Reclaimed Water Policy Workgroup and recommendations resulting from the Consumptive Use Permitting Consistency Initiative.  The Consumptive Use Permitting Initiative began in the fall of 2011 as 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 DEP’s Chapter 62-40, F.A.C., 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) reuse credits and offsets;  (2) declaration and intent; (3) definitions; (4) general policies; (5)  water supply protection and management; (6) water conservation requirements; (7) water reuse and recycling; (8) minimum flows and levels; (9) reservations; (10) Florida water plan; (11) district water management plans; (12) department review of  district water management plans; (13) regional water supply plans; (14) water data; (15) review and application; and (16) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.

RULEMAKING AUTHORITY:

373.026(7), 373.043, 373.036(1)(d), 373.171, F.S.

LAW:

373.023, 373.026, 373.036(1)(d), 373.042, 373.046, 373.103, 373.106, 373.171, 373.703, 373.223, 373.246, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891, F.S.

PRINT PUBLISH DATE:

7/20/2012 Vol. 38/29

RELATED STATUTES
AND LAWS:

373.026(7), 373.043, 373.036(1)(d), 373.171, F.S., 373.023, 373.026, 373.036(1)(d), 373.042, 373.046, 373.103, 373.106, 373.171, 373.703, 373.223, 373.246, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891, 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=62-40.110&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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