18819666, 40CER17-01 - Florida Administrative Rules, Law, Code, Register

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Notice: 18819666

Notice of Emergency Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Overview

RULE:

40CER17-01

Minimum Flows for Silver Springs

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The District is required by section 373.042(2)(a), F.S., to adopt a minimum flow or minimum water level (MFL) for Silver Springs (an Outstanding Florida Spring) by July 1, 2017.  To ensure that the District meets its statutory requirement to adopt MFLs  for Silver Springs by July 1, 2017, to set limits on further withdrawals that would be significantly harmful to the water resource values (water resources or ecology of the area) of Silver Springs, the District is adopting this emergency rule.  The basis for this finding of an immediate danger to the public health, safety, or welfare also includes section 373.042(2)(c), F.S., which provides as follows:

The Legislature finds as provided in s. 373.801(3)(b) that the adoption of minimum flows and minimum water levels or recovery or prevention strategies for Outstanding Florida Springs requires immediate action. The department and the districts are authorized, and all conditions are deemed to be met, to use emergency rulemaking provisions pursuant to s. 120.54(4) to adopt minimum flows and minimum water levels pursuant to this subsection and to adopt recovery or prevention strategies concurrently with a minimum flow or minimum water level pursuant to s. 373.805(2). The emergency rules shall remain in effect during the pendency of procedures to adopt rules addressing the subject of the emergency rules.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The procedure used by the District to adopt the emergency rule is fair under the circumstances. Affected persons have had a minimum of one week prior notice of the emergency rule. The District included the proposed emergency rule in the Governing Board’s monthly meeting packet which is available to the public at a minimum of seven days prior to the day that the Board and Executive Director approved and filed the emergency rule for adoption. The public is given an opportunity to comment on all matters before the Board during its meetings. The Board’s meeting packet information is posted on the District’s website. Additionally, on March 9, 2017, the District posted on its website a copy of the Silver Springs MFLs proposed in rule 40C-8.031(7), F.A.C., and stated that the District intended to adopt the Silver Springs MFLs as emergency rules by April 13, 2017. At the rule workshop held on March 16, 2017, District staff again stated that the District intended to adopt the Silver Springs MFLs as emergency rules by April 13, 2017. This emergency rule will also be posted on the District’s website.

SUMMARY:

Until the MFLs proposed in 40C-8.031(7), F.A.C., become effective, this emergency rule will temporarily establish minimum water flows and levels for Silver Springs, an Outstanding Florida Spring, pursuant to the mandate of section 373.042, F.S. Each water flow and level has an associated duration and return interval. The terms herein are already defined in Chapter 40C-8, F.A.C. As with all minimum flows and levels established by the District, if adopted, the minimum flows and levels in this rule amendment would be used as a basis for imposing limitations on withdrawals of groundwater and surface water in the consumptive use permit regulatory process and for reviewing proposed surface water management systems in the environmental resource permit regulatory process.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Thomas Mayton, Jr., Esq., St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, (386)329-4108, tmayton@sjrwmd.com.

PRINT PUBLISH DATE:

4/12/2017 Vol. 43/71

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=40CER17-01&PDate=4/12/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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