14423141, 40E-2.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14423141

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

CONSUMPTIVE USE

Overview

RULE:

40E-2.011	Policy and Purpose
40E-2.041	Permits Required
40E-2.061	General Permits by Rule
40E-2.071	Noticed General Permits and Individual Permits
40E-2.091	Publications Incorporated by Reference
40E-2.101	Content of Application
40E-2.301	Conditions for Issuance of Permits
40E-2.321	Duration of Permit
40E-2.331	Modification of Permits
40E-2.381	Permit Conditions

PURPOSE:

The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules implemented by the water management districts as part of the Florida Department of Environmental Protection's statewide effort (referred to as CUP Consistency or CUPCon). This re-initiation of rule development will cure discrepancies between the versions of rules that were published on December 10, 2013, and acted on by the Governing Board on February 13, 2014, as well as correct some inadvertent text inaccuracies. The one substantive change since the text was adopted by the Governing Board in February 2014 is to correct Table 2-3 of the Applicant's Handbook to reflect the duration for General Permit by Rule for Short-Term Dewatering is up to one year rather than 180 days.  This correction is consistent with proposed subsection 40E-2.061(2), F.A.C.

SUBJECT:

Amendments to this chapter include: 1) requiring a signle noticed general permit for contiguous areas unless served by separate withdrawal facilities; 2) grant a general permit by rule for the use of water for cooling/heating systems, a use that previously required a water use permit; 3) set forth circumstances under which the water use would likely qualify for such a general permit as well as specify those criteria under which an applicant must apply for an individual permit; replace old water use forms with new ones; incorporate provisions from Chapter 40E-20, F.A.C.; conform to the Water Resource Implementation rule on minimum flows and levels; provide for modifications of permits by letter for certain types of projects or activities; and facilitate implementation of the recent amendments to Section 373.236(5), F.S.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171, F.S.

LAW:

373.042, 373.0421, 373.079, 373.083, 373.103(1), 373.109, 373.118, 373.196, 373.203, 373.216, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.244, 373.249, 373.250, F.S.

PRINT PUBLISH DATE:

5/9/2014 Vol. 40/91

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118, 373.171, F.S., 373.042, 373.0421, 373.079, 373.083, 373.103(1), 373.109, 373.118, 373.196, 373.203, 373.216, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.244, 373.249, 373.250, 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=40E-2.011&PDate=5/9/2014&Section=1

REFERENCE MATERIALS:

No reference(s).

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