15887065, 40C-2.031 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15887065

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

PERMITTING OF CONSUMPTIVE USES OF WATER

Overview

RULE:

40C-2.031	Implementation
40C-2.041	Permits Required
40C-2.042	General Permit by Rule
40C-2.051	Exemptions
40C-2.101	Publications Incorporated by Reference
40C-2.301	Conditions for Issuance of Permits
40C-2.302	Reservation of Water from Use
40C-2.311	Competing Applications (Repealed)
40C-2.321	Duration of Permit
40C-2.331	Modification of Permits
40C-2.351	Transfer of Permits
40C-2.361	Renewal of Permits
40C-2.381	Permit Limiting Conditions
40C-2.401	Identification Tags
40C-2.501	Permit Classification
40C-2.900	Forms and Instructions

PURPOSE:

In 2012 through mid-2014, the St. Johns River Water Management District (District), along with the Florida Department of Environmental Protection and other water management districts, engaged in statewide rulemaking to increase consistency in the consumptive use permit (CUP) programs.  That rulemaking was commonly referred to as the “CUPcon” rulemaking.  The purpose and effect of the new proposed amendments to rules in Chapter 40C-2, F.A.C., will be to: (1) clean up “glitches” inadvertently created during the CUPcon rulemaking; (2) clarify existing rules; (3) create additional streamlining; and (4) reduce regulatory burdens while protecting water resources.

SUBJECT:

Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to clean up inadvertent glitches, clarify existing rules, create additional streamlining, and reduce regulatory burdens 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; and (13) 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 Workshop.

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:

4/13/2015 Vol. 41/71

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-2.031&PDate=4/13/2015&Section=1

REFERENCE MATERIALS:

No reference(s).

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