40D-1.603: Permit Application Procedures
PURPOSE AND EFFECT: The purpose of this rule amendment is 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. The effect will be to clarify when permit renewal applications must be received in order to avoid having a permit expire.
SUMMARY: Rule 40D-1.603, F.A.C., is amended to establish a uniform procedure for addressing late filings of applications to renew water use permits. Similar amendments are also being made to Rule 40D-2.361, F.A.C., and Section 1.11 of the District’s Water Use Permit Information Manual Part B, “Basis of Review” (BOR). The amendment clarifies that, in order to be considered as timely filed, an application to renew a water use permit must be received by the District not later than the expiration date of the existing permit. Minor additional amendments are also proposed to correct typographical errors.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.116, 373.118, 373.229, 373.413, 120.60(4) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-1.603 Permit Application Procedures.
(1) No change.
(2) No later than 30 days after receipt of an initial application or modification of an application for modification of an individual surface water management permit, an individual Environmental Resource Permit or an initial application or application for renewal or modification of an individual water use permit application for withdrawals of 500,000 gpd annual average daily or greater pursuant to Chapter 40D-2, F.A.C., the District shall publish notice thereof in a newspaper having general circulation as defined in Chapter 50, F.S. Upon receipt of an application for an initial or modification of a general Environmental Resource Permit pursuant to Chapter 40D-40, F.A.C., a general surface water management permit pursuant to Chapter 40D-40, F.A.C., (January 11, 1993) or a noticed general surface water management permit pursuant to Chapter 40D-400, F.A.C., or for an initial application or application for renewal or modification of a general water use permit for less than 500,000 gpd annual average daily pursuant to Chapter 40D-2, F.A.C., the District shall post notice thereof in the District’s headquarters and in each of the District’s service offices. In the event that after posting of notice an application for a general permit is modified such that it is an application for an individual permit, notice of the application shall be published in a newspaper as provided above. In addition, the District shall provide a letter giving notice of receipt of the application to any person who has filed a written request within the immediately preceding six months for notification of any pending applications affecting the particular designated area. Each notice and letter shall state that interested persons shall have the opportunity to inspect a copy of the application and submit written comments concerning the application. The District may request persons submitting objections or comments to furnish additional information. In addition, each notice and letter will advise that if notice of agency action or opportunity to request an administrative hearing pursuant to Chapter 120, F.S., regarding a permit application is desired, a written request referencing the permit application number must be filed with and received by the Processing and Records Section by the date specified in the letter, newspaper notice or the posted notice as applicable pursuant to this subsection. The date specified in such notice or letter to obtain notice of agency action or to request a hearing shall be no less than that 14 days from the date of mailing, publication or posting as applicable. Upon request, the District will provide the applicant with a copy of all objections and comments received.
(3) through (7) No change.
(8) Applicants who seek to renew a permit must submit a timely and sufficient application for renewal in order to avoid expiration of the permit. Application for renewal of a permit is timely only if actually received by the District not later than the expiration date of the existing permit. Mailing the application does not constitute receipt by the District. When timely and sufficient application for renewal is made, the existing permit shall not expire until the application for renewal has been finally acted upon by the District, or if the permit is denied or the terms of the permit are limited, until the last day for seeking review of the District action or a later date fixed by order of the reviewing court.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.116, 373.118, 373.229, 373.413, 120.60(4) FS. History–New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, 7-2-98, 7-22-99, 11-8-00, 9-26-02, 12-24-07,________.