40B-1.703: Procedures for Consideration of Permit Applications
40B-1.709: Suspension, Revocation, and Modification of District Permits
PURPOSE AND EFFECT: The purpose of the proposed rule is to revise the above sections of Chapter 40B-1, F.A.C., so that they are consistent with changes being proposed to Chapter 40B-2, F.A.C.
SUMMARY: This proposed rule will revise existing rule language for consistency with Chapter 40B-2, F.A.C., to include a new type of water use permit – a general permit by rule. The proposed rule also revises permit suspension, revocation, and modification language for consistency with Chapter 120, Florida Statutes, and Rule 28-106.2015, F.A.C., of the Uniform Rules of Procedure.
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, 383.083, 373.113, 373.118, 373.171, 373.4141 FS.
LAW IMPLEMENTED: 120.53, 120.57, 120.59, 120.60, 373.084, 373.085, 373.086, 373.106, 373.116, 373.118, 373.119, 373.229, 373.313, 373.413, 373.416, 373.426, 373.429 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: Linda Welch, Rules Coordinator, Suwannee River Water Management District, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only)
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-1.703 Procedures for Consideration of Permit Applications.
(1)(a) through (c) No change.
(d) Minor use permits by rule, as defined in Rule 40B-2.041, F.A.C., are a category of general permits for activities which have established standards and conditions for issuance of permits in district rules. A permit application is not required for any use that meets the requirements of Rule 40B-4.041, F.A.C., and is thereby considered to be an existing legal user of water.
(2) through (3) No change.
Rulemaking Specific Authority 373.044, 373.083, 373.113, 373.118, 373.171, 373.4141 FS. Law Implemented 120.57, 120.59, 120.60, 373.084, 373.085, 373.086, 373.106, 373.116, 373.118, 373.229, 373.313, 373.413, 373.416, 373.426 FS. History–New 6-16-88, Amended 12-22-92, 10-3-95, 1-29-01, 12-10-07,________.
40B-1.709 Suspension, Revocation, and Modification of District Permits.
(1) The District may suspend or revoke a permit, in whole or in part, when it determines that the permittee or his agent has:
(a) Submitted false or inaccurate information on his application or operational report.
(b) Violated Chapter 373, Florida Statutes, and the rules promulgated thereunder, or any other provision of Florida law related to the operation of the District.
(c) Failed to comply with an administrative order issued pursuant to Section 373.119, Florida Statutes.
(d) Violated a condition of the permit.
(e) Failed to permit inspection of the subject property.
(2) The District may modify the terms and conditions of the permit when it determines that the modification is necessary to protect the public health, safety, and welfare, prevent a public or private nuisance, or when the continued utilization of the permit becomes inconsistent with the objective of the District. In such instances, due consideration shall be given to the extent to which the permittee has detrimentally relied upon the permit.
(1)(3) The Executive Director shall initiate proceedings to suspend, revoke, or modify a permit or other authorization by serving a written nNotice rights of Intention upon the permittee by certified mail or by service of process, or by newspaper publication as provided in Section 120.65(5), F.S. The administrative complaint which shall include all of the information required by subsection 28-106.2015(4), F.A.C., of the Uniform Rules of Procedure state the nature of the intended action, and those findings of fact and conclusions of law which support the action.
(2)(4) The permittee may request an administrative hearing pursuant to Sections 120.569 and Section 120.57, Florida Statutes, by filing a petition for an administrative hearing with the District within 14 days of receipt of the District’s complaint Notice of Intention. Petitions are deemed filed upon receipt by the District Clerk. The petition must contain all of the following information required by subsection 28-106.2015(5), F.A.C., of the Uniform Rules of Procedure.:
(a) Name and address of the party making the request;
(b) A reference to the case number of the Notice of Intention; and
(c) A statement as to whether the party is requesting a formal subsection 120.57(1), Florida Statutes, or informal subsection 120.57(2), Florida Statutes, hearing.
(d) When a formal hearing is requested, the permittee shall admit or deny each finding of fact contained in the Notice of Intention or state that the permittee is without knowledge as to the same, which shall be deemed to be a denial. The District may decline to hold a formal hearing when there are no disputed issues of material fact.
(3)(5) Failure to comply with the provisions of subsection (2)(4), shall constitute a waiver of the right to a Section 120.69 or Section 120.57, Florida Statutes, administrative hearing. In such event, the administrative complaint shall become a final order of the District and all findings of fact and conclusions of law contained therein in the Notice of Intention shall be deemed uncontested and true in any further judicial or administrative proceedings.
(4)(6) The Board shall consider any timely filed the Notice of Intention for which a valid petition for a Sections 120.569 and 120.57, Florida Statutes, hearing has not been timely filed at the next available regulatory meeting following the expiration of the 14-day time period mentioned in subsection (2)(4). The permittee or other affected persons may state their objections to or comment in favor of the intended action, but the appearance shall not constitute grounds for an administrative appeal pursuant to Chapter 120, Florida Statutes.
(5)(7) In the case of an emergency, the District may take any action necessary to protect the public interest in accordance with Section 120.60(6), F.S. Executive Director may enter an order which suspends or revokes a permit, in whole or in part, or modifies the terms and conditions of the permit. The permittee shall take immediate whatever action is necessary to achieve cause immediate compliance with the emergency order, but shall have the right to request an of administrative hearing in accordance with appeal, subject to the provisions of subsections (2)(4) through (4)(7) above.
Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 120.53(1)(b), (c), 120.60(2), 373.119, 373.429 FS. History–New 9-15-81, Repromulgated 3-17-88, Amended 12-21-88,________.