8622347, 40D-1.002 - Florida Administrative Rules, Law, Code, Register

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Notice: 8622347

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.002

Delegation of Authority

PURPOSE:

The purpose of this rulemaking is to incorporate by reference the Southwest Florida Water Management District’s well construction permitting agreements with Manatee County and with Sarasota County. The effect will be to continue for another five years the delegation to the counties of the District’s authority to regulate water well construction pursuant to Part III of Chapter 373, F.S.

SUMMARY:

Since 1978, both Manatee and Sarasota counties have been delegated authority to regulate water well construction through agreements with the District. This rulemaking will continue such delegations for another five years, through May 2015. Some minor changes are proposed for this 5-year term. Under the agreements, the counties will continue to review and issue all water well construction permit applications except for potable water wells in delineated areas, District wells and some wells that also require an underground injection control permit. These wells will continue to be permitted by the District. The District will also issue permits in any areas that may, in the future, be covered under the District’s Memorandum of Agreement with the U.S. Environmental Protection Agency. The counties will continue using the District’s on-line permitting system, which currently accounts for approximately 80% of permitting, and will scan in and enter well construction permit applications and other documents that are submitted on paper. Because data can be entered and documents scanned more promptly, all original paper documents will now be furnished to the District on a monthly as opposed to a bi-weekly basis. The District will continue to be responsible for issuing and renewing water well contractor licenses. The counties will continue to be responsible for compliance and enforcement efforts involving water well permits and contractors as well as unlicensed well construction activities. Monthly summary reports will no longer be required. Provisions have been added to address records management, data entry, scanning requirements and third party fee payment vendors for on-line permitting. Each county’s current well construction-related fees are also made part of the agreement.

RULEMAKING AUTHORITY:

373.044, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309 FS.

LAW:

253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308 FS.

PRINT PUBLISH DATE:

5/14/2010 Vol. 36/19

COMMENTS:

From 5/14/2010 To 6/4/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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