40D-3.041: Permits Required
PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Rule 40D-3.041, F.A.C., to incorporate the statutory exemptions established in Section 373.326, F.S., by Chapter 2012-205, Laws of Florida. The effect of this rulemaking will be that the District will require permits for only those wells identified as Class V, Group 1, pursuant to subsection 62-528.600(2)(a), F.A.C.
SUMMARY: Chapter 2012-205, Laws of Florida, amended Section 373.326, F.S., to exempt from the permitting requirements of Part III of Chapter 373, F.S., those wells identified in Chapter 62-528, F.A.C., as Class I, II, III, IV, or Class V Groups 2-9. Rule 40D-3.041, F.A.C., previously required well construction permits for all injection wells. The proposed rule changes will amend Rule 40D-3.041, F.A.C., to require permits for those wells not exempted in Section 373.326, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rulemaking will not result in increased costs to small businesses or other regulated entities as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require a Statement of Estimated Regulatory Costs or legislative ratification.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.171, 373.309, 373.337 FS.
LAW IMPLEMENTED: 373.106, 373.306, 373.308, 373.309, 373.313, 373.316 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899, telephone (352)796-7211, ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to ADACoordinator@swfwmd.state.fl.us.. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sonya White, Office of General Counsel, Southwest Florida Water Management District, 7601 Highway 301 North, Tampa, FL 33637-6759, (813)985-7481 (4660) (OGC #2012021)
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-3.041 Permits Required.
(1) Unless expressly exempted by statute or District rule, a permit must be obtained from the District prior to construction, repair, modification or abandonment of any water well, including:
(a) through (f) No change.
(g) Injection wells identified as Class V, Group 1, pursuant to subsection 62-528.600(2)(a), F.A.C.
(h) through (i) No change.
(2) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.106, 373.306, 373.308, 373.309, 373.313, 373.316 FS. History–Readopted 10-5-74, Amended 12-31-74, 12-1-77, 2-4-79, 11-8-82, Formerly 16J-3.06(2)-(5), 16J-3.10, Amended 7-1-90, 9-30-91, 12-31-92,________.