7522949, 40B-2.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7522949

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

PERMITTING OF WATER USE

Overview

RULE:

40B-2.011	Policy and Purpose
40B-2.021	Definitions
40B-2.025	Processing of Water Use Permit Applications (Repealed)
40B-2.041	Permits Required
40B-2.051	Exemptions
40B-2.101	Content of Application
40B-2.201	Permit Fees (Repealed)
40B-2.301	Conditions for Issuance of Permits
40B-2.311	Competing Applications (Repealed)
40B-2.321	Duration of Permits
40B-2.331	Modification of Permits
40B-2.341	Revocation of Permits (Repealed)
40B-2.351	Transfer of Permits
40B-2.361	Renewal of Permits
40B-2.381	Limiting Conditions
40B-2.441	Temporary Water Use Permits (Repealed)
40B-2.451	Emergency Authorization for Withdrawal or Diversion (Repealed)
40B-2.501	Classification of Permits
40B-2.751	Investigation, Enforcement, and Penalties (Repealed)
40B-2.781	Enforcement (Repealed)

PURPOSE:

The purpose of the proposed rule is to comprehensively update Chapter 40B-2, F.A.C., for consistency with Part II, Chapter 373, F.S., and current state water policy. The proposed rule also incorporates by reference a Water Use Permitting Guide.
The effect of the proposed rule is to provide a permitting program that results in more efficient water uses and specifically includes in Rule 40B-2.041, F.A.C., water conservation measures for qualifying landscape irrigation uses that are consistent with the current requirements of the St. Johns River and Southwest Florida water management districts.

SUMMARY:

Consistent with Chapter 373, F.S., the proposed rule substantively revises the definitions of terms used in Chapter 40B-2, F.A.C.; adds a section regarding the application process; creates a minor permit by rule for certain landscape irrigation activities; creates a new exemption by rule for groundwater remediation activities authorized by FDEP; revises the application information requirements; provides more detailed conditions for issuance and incorporates a permitting guide by reference; adds a permit duration provision; provides more detailed permit modification, revocation, transfer, and renewal provisions; revises the limiting conditions by incorporating by reference new standard and special limiting conditions; adds a section regarding temporary permits; provides more detailed water use classifications; and adds a section regarding enforcement.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.083, 373.113, 373.116, 373.118, 373.119, 373.129, 373.136, 373.171, 373.219(2) FS.

LAW:

120.60, 373.016, 373.019, 373.023, 373.042, 373.044, 373.0421, 373.083, 373.103, 373.109, 373.116, 373.117, 373.1175, 373.118, 373.129, 373.136, 373.216, 373.219, 373.223, 373.226, 373.227, 373.229, 373.232, 373.233, 373.236, 373.239, 373.243, 373.244, 373.246, 373.250 FS.

PRINT PUBLISH DATE:

8/21/2009 Vol. 35/33

COMMENTS:

From 8/21/2009 To 9/11/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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