5649491, 40D-1.1010 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5649491

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.1010	Point of Entry into Proceedings
40D-1.1024	Processing Procedures for Noticed General Permits Under Chapter 40D-400, F.A.C. (Transferred)
40D-1.603	Permit Application Procedures

PURPOSE:

The purpose of this rulemaking effort is to revise the District’s procedures for providing notice of the receipt of applications for water use and environmental resource permits, and notice of agency action concerning such permit applications. The effect will be to make greater use of internet noticing of these activities, require applicants to undertake some of the noticing requirements in specific situations and to eliminate certain noticing practices not required by statute.

SUMMARY:

District rules concerning permit application noticing and agency action noticing have remained largely unchanged since their inception in the 1980’s. Current noticing rules do not reflect technological advances in disseminating public information, such as the internet and electronic mail. Special noticing practices have also evolved over the years, which are not required by statute and which can now be accomplished more efficiently through the District’s website. Amendments to Rule 40D-1.603, F.A.C., will require applicants for individual water use and environmental resource permits to publish notice of the District’s receipt of application and notice of agency action concerning such applications. Applications for general permits will be noticed on the District’s website. Amendments will allow persons wishing to be notified of District receipt of applications for designated areas or of agency action on specific permits to submit such requests through email, and receive such notices by email. A subscription fee is established for those persons wishing to receive notices of permit applications by regular mail. Amendments eliminate the requirement to publish or send unrequested notices of agency action on water use permits to potentially affected property owners. Amendments to Rule 40D-1.1010, F.A.C., clarify that for water use and environmental resource permits and petitions for formal determination of wetlands or other surface waters, the District shall require an applicant to publish, or inform an applicant of its right to publish, notice of agency action on the application in a newspaper. Applicants for individual permits and other applicants required to publish notice of application will be required to publish notice of agency action. Amendments also clarify the meaning of “receipt of written notice” when notices are sent by email, the required content of published notices, and the time in which to file a petition for administrative hearing concerning consolidated applications for environmental resource permits and use of sovereignty state lands. Minor clarifying amendments are also proposed for Rule 40D-1.1024, F.A.C., which concerns processing procedures for noticed general environmental resource permits. Permit noticing rules contained in Chapters 40D-2, 40D-4, 40D-40, F.A.C., and the District’s Water Use Permit Information Manual Part B, Basis of Review are also being amended as part of this rulemaking package.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.113, 373.118, 373.414 FS.

LAW:

120.54(5), 120.60, 120.60(4), 253.115, 373.116, 373.118, 373.216, 373.219, 373.229, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.421, 373.426, 373.427 FS.

PRINT PUBLISH DATE:

5/23/2008 Vol. 34/21

COMMENTS:

From 5/23/2008 To 6/13/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.