11768057, 40B-2.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11768057

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

PERMITTING OF WATER USE

Overview

RULE:

40B-2.011	Policy and Purpose
40B-2.021	Definitions
40B-2.025	Processing of Water Use Permit Applications (Repealed)
40B-2.031	Implementation
40B-2.041	Permits Required
40B-2.051	Exemptions
40B-2.101	Content of Application
40B-2.201	Permit Fees (Repealed)
40B-2.301	Conditions for Issuance of Permits
40B-2.311	Competing Applications (Repealed)
40B-2.321	Duration of Permits
40B-2.331	Modification of Permits
40B-2.341	Revocation of Permits (Repealed)
40B-2.351	Transfer of Permits
40B-2.361	Renewal of Permits
40B-2.381	Limiting Conditions
40B-2.441	Temporary Water Use Permits (Repealed)
40B-2.451	Emergency Authorization for Withdrawal or Diversion (Repealed)
40B-2.501	Classification of Permits
40B-2.751	Investigation, Enforcement, and Penalties (Repealed)
40B-2.781	Enforcement (Repealed)
40B-2.901	Forms and Instructions (Repealed)

PURPOSE:

The Suwannee River Water Management District (SRWMD) 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 water use permit (WUP), 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 SRWMD’s Chapters 40B-1, 40B-2,  40B-21, and 40B-8, F.A.C., and the Water Use Permitting Guide to address the following goals of the DEP and the WMDs for this rulemaking:  (1) making the WUP 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 WUP 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 WUP consistency goals, on the following subjects:  (1) water 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 40B-1, F.A.C.; (14) water shortage plan rules in chapter 40B-21, F.A.C.; (15) minimum flows and levels (MFLs) rules in chapter 40B-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=40B-2.011&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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