6128865, 40D-2.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6128865

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.021	Definitions
40D-2.041	Permits Required
40D-2.091	Publications and Forms Incorporated by Reference
40D-2.321	Duration of Permits
40D-2.501	Permit Use Types
40D-2.621	Water-Conserving Credits

PURPOSE:

The Southwest Florida Water Management District’s Water Use Permit (WUP) rules are being revised in association with the District’s ongoing development, implementation and refinement of its comprehensive electronic permitting and information system known as the Water Management Information System or WMIS. As part of this overall effort, proposed amendments to Chapter 40D-2, F.A.C., and the District’s Water Use Permit Information Manual Part B, Basis of Review, are intended to refine the permit category now informally known as “Small General” WUPs and to incorporate the term, “Small General,” into existing rules. Additional amendments are also proposed for Chapter 40D-1, F.A.C., as part of this effort. The overall purpose of this rulemaking is to re-define the Small General WUP category based upon minimal risk to the water resource for most water demands of less than 100,000 gallons per day, and to reduce where appropriate the level of information required to be submitted in support of applications for and compliance monitoring of Small General WUPs. The effect of this rulemaking package will be to limit the types of permits appropriate for the Small General permit category to those water uses that do not require significant evaluation or monitoring due to little-to-no risk of adverse impacts.
Some additional amendments not specifically limited to Small General WUPs are also proposed at this time for clarification purposes. The effect of these clarifying amendments will be to make existing WUP rules, practices and forms more consistent.

SUMMARY:

As to those rule amendments related to the Small General WUP category, Rule 40D-2.041, F.A.C., is amended to define the Individual, General and Small General WUP categories, as the General WUP category will now include some water uses that previously would have been considered as Small General WUPs. Rule 40D-2.621, F.A.C., is amended to limit water-conserving credits to General and Individual WUPs. Rule 40D-2.091, F.A.C., is amended to adopt an updated version of the District’s BOR, which is being revised to reduce the permit application submittal and compliance monitoring requirements for Small General WUPs. BOR sections 1.9, 1.11 and Rule 40D-2.321, F.A.C., are also amended to delete provisions relating to the District’s one-time permit renewal redistribution process for Small General and General WUPs, as this process has been completed and is no longer needed. Rule 40D-2.621, F.A.C., is amended to clarify that water-conserving credits are applicable to Individual and General WUPs issued in the Southern Water Use Caution Area of the District and may be used for the water source for which they were earned. Several additional BOR sections are amended to clarify those reporting and other information requirements that apply only to Individual and General WUPS and do not apply to Small General WUPs.
As to those amendments not specifically limited to Small General WUPs, Rule 40D-2.021, F.A.C., is revised to identify more correctly those definitions that apply only in the Southern Water Use Caution Area. Rule 40D-2.091, F.A.C., is amended to move the list of irrigation water use forms used for monitoring purposes to Rule 40D-1.659, F.A.C. Rule 40D-2.501, F.A.C., is amended to use the term “permit use types” instead of “permit classification” when referring to the types of water uses authorized in WUPs. BOR sections 1.4, 1.6, 3.6, 3.7 are amended to clarify the use of forms for permit applications and for reporting irrigation water use.

RULEMAKING AUTHORITY:

373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS.

LAW:

373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.103, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.236, 373.239, 373.243, 373.246 FS.

PRINT PUBLISH DATE:

9/12/2008 Vol. 34/37

COMMENTS:

From 9/12/2008 To 10/3/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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