6775079, 40D-2.041 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6775079

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.041	Permits Required
40D-2.091	Publications and Forms Incorporated by Reference

PURPOSE:

The purpose of this rulemaking is to delegate to District staff authorization to take agency action on certain applications for Individual Water Use Permits. Related amendments are also proposed to Chapter 40D-1, F.A.C., concerning permitting processes and Chapter 40D-4, F.A.C., concerning permitting of Individual Environmental Resource Permits. The effect of this rulemaking will be to enable designated staff to take agency action to approve certain Individual Water Use Permit applications unless the applicant, District Executive Director or a Governing Board member requests that the permit application be referred to the Governing Board for agency action. Amendments also incorporate a revised Water Use Permit Information Manual Part B, “Basis of Review” which is being updated to reflect the changes being proposed in this rulemaking.

SUMMARY:

As part of the District’s ongoing efforts to improve permitting processes for applicants, amendments are proposed to delegate to staff authority to take agency action on certain Individual Water Use Permits. Rule 40D-2.041, F.A.C., is amended to provide that Individual Water Use Permits may be issued by the Governing Board or designated District staff. Governing Board approval will be required if the permit is for a combined annual average daily demand of 10 million gallons per day or greater, the permit is a new permit, the permit is a renewal or modification of a permit that increases the authorized withdrawal quantity or allows a change in water use of 100,000 gallons per day or more or 10% or more of the permitted withdrawal quantity, or the permit authorizes environmental augmentation. Rule 40D-2.091, F.A.C., is amended to incorporate a revised Water Use Permit Information Manual Part B, “Basis of Review,” which is being revised to reflect the proposed amendments. BOR sections 1.6 and 4.3 are amended to reflect the changes in processing of Individual permits.

RULEMAKING AUTHORITY:

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

LAW:

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

PRINT PUBLISH DATE:

2/13/2009 Vol. 35/06

COMMENTS:

From 2/13/2009 To 3/6/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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