40D-2.091: Publications Incorporated by Reference
40D-2.361: Renewal of Permits
PURPOSE AND EFFECT: The purpose of this rulemaking is to clarify that, in order to be considered as timely filed, an application for renewal of a water use permit must be received by the District no later than the expiration date of the permit to be renewed. The effect is to establish a uniform procedure for addressing when a renewal application must be received in order to avoid having an existing permit expire.
SUMMARY: subsection 40D-2.361(1), F.A.C., and Section 1.11 of the District’s Water Use Permitting Manual Part B, “Basis of Review” (BOR) are amended to provide that applications to renew a water use permit must be received by the District not later than the expiration date of the existing permit. A similar amendment is being made to Rule 40D-1.603, F.A.C., which addresses permit applications. Additional minor amendments are proposed for Rule 40D-2.361, F.A.C., to correct typographical errors and to BOR Section 1.11, to correct typographical errors and conform the language to subsection 120.60(4), F.S., Rule 40D-2.091, F.A.C., is amended to incorporate by reference the revised BOR.
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, 373.103, 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 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-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, 12-24-07,________.
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 by the District not later than the expiration date 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 subsection 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 subsection 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,________.