40D-2.091: Publications Incorporated by Reference
40D-2.361: Renewal of Permits
PURPOSE AND EFFECT: The purpose of this rulemaking is to clarify when renewal applications must be submitted in order to avoid having a permit expire and to incorporate a revised Water Use Permitting Manual Part B, Basis of Review (BOR). The effect of the amendments will be to make Rule 40D-2.361(1), F.A.C., consistent with Rule 40D-1.603, F.A.C., which is also being amended to clarify that in order to be considered as timely, an application to renew a permit must be received by the District not later than the expiration date of the permit to be renewed. Amendments are made to Section 1.11 of the BOR to reference Rule 40D-1.603(8), F.A.C., correct typographical errors, and conform the language to subsection 120.60(4), F.S.
SUBJECT AREA TO BE ADDRESSED: Water Use Permitting.
SPECIFIC AUTHORITY: 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS.
LAW IMPLEMENTED: 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, 373.229, 373.239, 373.243 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40D-2.091 Publications Incorporated by Reference.
The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:
(1) Water Use Permit Information Manual Part B, "Basis of Review ( ) (10/07) and Part D, "Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area (1/07);
(2) through (5) No change.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, .
40D-2.361 Renewal of Permits.
(1) Applications for renewal of permits shall be made no earlier than 1 year and should be made no later than that 90 days prior to the expiration date of the permit. Application for a permit renewal is timely only if actually received at the District prior to expiration of the existing permit. Mailing the application does not constitute receipt by the District.
(2)(a) Subsection (1) above shall be applicable to those permits which are not extended pursuant to subsection 40D-2.321(6)(5), F.A.C., based on the expiration date on the face of the permit.
(b) Subsection (1) above shall be applicable to those permits which are extended pursuant to subsection 40D-2.321(6)(5), F.A.C., based on the revised expiration date assigned to the permit.
Specific Authority 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.103, 373.239 FS. History–Readopted 10-5-74, Formerly 16J-2.14(2), Amended 9-1-84, 10-1-89, 7-2-98, 7-28-98,________.
WATER USE PERMIT INFORMATION MANUAL PART B,
BASIS OF REVIEW
1.0 PERMITTING PROCEDURES
1.11 RENEWAL OF PERMITS
1. Applications for permit renewal may be made at any time within 1 year prior to permit expiration, except as provided in Basis of Review Section 1.12. Permittees are encouraged to apply for renewal at least 90 days prior to the expiration date. Permits for which renewal applications have been timely submitted consistent with the provisions of subsection 40D-1.603(8), F.A.C., and that are under evaluation by the District shall remain in force past the expiration date until final action is taken by the District, or if the permit is denied or the terms of the permit limited, until the last day for seeking review of the District action or a later date fixed by order of the reviewing court.
2. Subsection 1. above shall be applicable to those permits which are not extended pursuant to Rule 40D-2.321(6)(5), F.A.C., and Section 1.9 above, based on the expiration date on the face of the permit.
3. Subsection 1. above shall be applicable to those permits which are extended pursuant to Rule 40D-2.321(6)(5), F.A.C., and Section 1.9 above, based on the revised expiration date assigned to the permit.
Amended 1-1-07, Revised 8-23-07,______.