Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose of this rule amendment is to incorporate by reference a revised Water Use Permit Information Manual, Part B, “Basis of Review” (BOR). The effect will be to delete former BOR subsection 1.14 Permit Compliance, which describes an outdated permit compliance process.
SUMMARY: The District’s Water Use Permit Information Manual Part B, Basis of Review (BOR), sets forth the guidelines by which the District issues and administers water use permits. Section 1.14 of the BOR describes an outdated compliance process as it existed when the BOR was first developed. Current compliance procedures are more adaptable to specific circumstances and allow District staff to respond to the specialized needs of permittees and changing climatic conditions. The District is proposing to delete Section 1.14 from the BOR. 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, 373.113, 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.
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,________.

 

Water Use Permit Information Manual

Part B, Basis of Review

1.14 PERMIT COMPLIANCE

Pumpage in excess of the amount permitted is a violation of the permit. The District generally addresses this violation according to the following procedures.

If over-pumpage is reported, District staff will request that the Permittee provide written explanation of the over-pumpage, which will be placed in the permit file. If the Permittee demonstrates that the recurrence of over-pumpage is unlikely and no adverse impacts have occurred, no action will be taken.

If the District determines that the Permittee is likely to need an increase in the quantity permitted, the Permittee must submit an application for modification of the permit. If the Permittee continues to exceed the quantities permitted without obtaining a modification, the District may then take appropriate enforcement action. If the permit is due for renewal within 1 year of the violation, and no adverse impacts are expected as a result of the over-pumpage, the modification may be addressed at renewal. Agricultural water use quantities are determined using the District’s agricultural water use model. The permitted quantities derived from this model are based on a 2-in-10 year drought occurrence. It is therefore anticipated that, because of varying climatic conditions and other factors, an agricultural permittee’s water use may vary both below, and occasionally above, the permitted quantity. These factors will be taken into consideration when comparing actual use with permitted quantities.

Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 26, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 2007