4983489, 40D-8.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 4983489

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER LEVELS AND RATES OF FLOW

Overview

RULE:

40D-8.021	Definitions
40D-8.031	Implementation
40D-8.624	Guidance and Minimum Levels for Lakes

PURPOSE:

In the early 1980s, the District began incorporating ten year flood levels for priority lakes into its minimum flows and levels rules. The ten year flood level was at one time used by the Department of Health as a criterion for permitting septic tank construction in floodways. The District also included the level in its rules as advisory for those constructing lakeshore improvements. Specific references regarding use of the ten year flood level for septic tank location and construction are not now included in current District minimum flows and levels rules. Given that the Department of Health no longer utilizes ten year flood levels for septic tank permitting and that the flood levels are similarly not used for District regulatory programs, the ten year flood guidance levels are proposed to be repealed from District rules to promote organizational efficiency by eliminating unnecessary rules.

SUMMARY:

The proposed amendments delete all references to the Ten Year Flood Guidance Levels and the methodology used to establish Ten Year Flood Guidance Levels and include: a) deletion of the references to the Ten Year Flood Guidance Level from subsection 40D-8.021(4), paragraph 40D8-031(1)(b), subsection 40D-8.624(1), and paragraph 40D-8.624(3)(a), F.A.C.; b) deletion of subsection 40D-8.624(11); c) the renumbering of subsection 40D-8.624(12) as subsection 40D-8.624(11); d) the renumbering of subsection 40D-8.624(13) as subsection 40D-8.624(12) and correcting paragraph references due to the renumbering; and e) the deletion of the Ten Year Flood Guidance Levels from Tables 8-2 and 8-3, subsections 40D-8.624(13) and (14), F.A.C.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171 FS.

LAW:

373.036, 373.0361, 373.042, 373.0421, 373.086, 373.216, 373.219, 373.223, 373.229, 373.413, 373.414, 373.416 FS.

PRINT PUBLISH DATE:

12/21/2007 Vol. 33/51

COMMENTS:

From 12/21/2007 To 1/11/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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