11898522, 40D-21.275 - Florida Administrative Rules, Law, Code, Register

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Notice: 11898522

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER SHORTAGE PLAN

Overview

RULE:

40D-21.275

Implementing a Water Shortage Declaration

PURPOSE:

The proposed rulemaking will amend Rule 40D-21.275, F.A.C., to provide that the District will send a Notice of Water Shortage by regular U.S. mail to those Permittees whose permits will be affected or whose permitted water use will otherwise be restricted by a Water Shortage Declaration.  The effect of the rulemaking is to make the District’s rule consistent with the requirements of statute.

SUMMARY:

Section 373.246(6), Florida Statutes, requires a water management district to “notify each permittee in the district by regular mail of any change in the condition of his or her permit, or any suspension of his or her permit or of any other restriction on the permittee’s use of water” upon the issuance of a Water Shortage Declaration. The proposed rulemaking will amend Rule 40D-21.275, F.A.C., to provide that the District will send a Notice of Water Shortage by regular U.S. mail to those Permittees whose permits will be affected or whose permitted water use will otherwise be restricted by a Water Shortage Declaration.  Previously, the District sent a Notice of Water Shortage to all Permittees in an area affected by a Water Shortage Declaration.  The rulemaking is necessary to make the District’s rule consistent with the requirements of statute.

RULEMAKING AUTHORITY:

373.044, 373.113 FS.

LAW:

373.175, 373.246 FS

PRINT PUBLISH DATE:

8/24/2012 Vol. 38/34

COMMENTS:

From 8/24/2012 To 9/14/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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