40D-3.037: Rules and Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Rule 40D-3.037, F.A.C., to incorporate by reference a Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region 4, Superfund Division and the Southwest Florida Water Management District. The effect of the Memorandum of Agreement (MOA) is to establish a working relationship between the two agencies on District permitting matters involving well construction and other regulated activities that are proposed in or near selected Superfund sites within the District.
SUMMARY: The District and EPA have entered into a Memorandum of Agreement (MOA) to outline a cooperative relationship between the agencies and to establish a protocol for sharing information when the District is reviewing an application for a permit to regulate activity proposed in or near certain designated Superfund sites within the District. The District anticipates that this will occur most often in the context of reviewing applications for well construction permits. Therefore, this rulemaking amends Rule 40D-3.037, F.A.C., to incorporate by reference the Memorandum of Agreement between the U.S. Environmental Protection Agency, Region 4, Superfund Division and the Southwest Florida Water Management District. The MOA will improve coordination between the two agencies and enable each agency to implement their respective regulatory practices in a manner that best minimizes the potential effects of ground water contamination in areas that are or could be impacted by a Superfund site. Information sharing will include detailed geographic descriptions of the contaminated areas associated with the Superfund sites covered by the Agreement. Upon receipt of this information, the District will make available to the public through its website aerial depictions of the contaminated areas. This will enable persons who seek to apply for District permits authorizing activities in or around the selected Superfund sites to know the extent of groundwater contaminant plumes and associated buffer areas. Making this information available to the public and to District staff will also avoid the potential for property owners to unwittingly risk causing pollutants to spread and thus become potentially responsible parties for cleanup of a Superfund site. Presently, the MOA applies to only one site located within Polk County. Additional sites will be added as site-specific information is developed.
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, 373.309 FS.
LAW IMPLEMENTED: 373.046, 373.308, 373.309, 373.323, 373.324, 373.333 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 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-3.037 Rules, and Publications and Agreements Incorporated by Reference.
(1) The regulations promulgated by the Department governing the construction of water wells as set forth in Chapter 62-532, F.A.C. (3-28-02), the construction of water wells in delineated areas as set forth in Chapter 62-524, F.A.C. (6-27-00), the licensing requirements for Water Well Contractors as set forth in Chapter 62-531, F.A.C. (11-25-07), and the construction of public supply water wells as set forth in Chapter 62-555, F.A.C. (1-17-05), are hereby incorporated by reference and made a part of this rule and shall apply to all water wells constructed, repaired, modified or abandoned in the District.
(2) The Department’s Water Well Contractor Disciplinary Guidelines and Procedures Manual (October 2002) and the Department’s Florida Unified Citations Dictionary for Water Well Construction (October 2002) are hereby incorporated by reference and made a part of this rule.
(3) Well Construction Forms are incorporated by reference into Rule 40D-1.659, F.A.C., and are available from the District upon request and from the District’s website at www.watermatters.org.
(4) The Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region IV, Superfund Division and the Southwest Florida Water Management District (August 2008) is incorporated by reference.
Specific Authority 373.044, 373.113, 373.309 FS. Law Implemented 373.046, 373.308, 373.309, 373.323, 373.324, 373.333 FS. History– New 7-1-90, Amended 12-31-92, 4-11-94, 6-27-94, 9-22-94, 7-5-95, 10-19-95, 7-15-99, 6-23-03, 1-8-04, 8-19-08,________.