Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-1.607: Permit Processing Fee
PURPOSE AND EFFECT: The rulemaking is intended to set forth the permit fees for applicants electing to apply for a 20 year water use permits as being proposed in related rulemaking in Chapter 40D-2, F.A.C.
SUMMARY: The proposed amendments set forth the permit fees for new, renewal and modifications of Individual, General and Small General Permits for 20 year water use permits and permits for greater and less than 20 years.
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, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.109, 373.421(2) 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: Ken Weber, Water Use Permitting Program Director, Strategic Program Office, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4303

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.607 Permit Processing Fee.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to qualify for a permit with a lower fee or not require a permit. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The District’s permit application processing fees are as follows:

(1) through (6) No change.

(7) Water use permit application fees shall be as follows:

(a) Chapter 40D-2, F.A.C., new individual permit no greater than 10 years permit new                       $1,000.00

(b) Chapter 40D-2, F.A.C., new individual permit no greater than 20 years                                            $2,000.00

(c)(b) Chapter 40D-2, F.A.C., renewal individual permit no greater than 10 years permit renewal     $750.00

(d) Chapter 40D-2, F.A.C., renewal individual permit no greater than 20 years permit renewal          $1,500.00

(e)(c) Chapter 40D-2, F.A.C., individual permit modification                                                                    $300.00

(f)(d) Chapter 40D-2, F.A.C., individual permit temporary                                                                        $200.00

(g)(e) Chapter 40D-2, F.A.C., new general permit new no greater than 10 years                                   $250.00

(h) Chapter 40D-2, F.A.C., new general permit no greater than 20 years                                                $500.00

(i)(f) Chapter 40D-2, F.A.C., renewal general permit renewal greater than 10 years                              $185.00

(j) Chapter 40D-2, F.A.C., renewal general permit no greater than 20 years                                           $370.00

(k)(g) Chapter 40D-2, F.A.C., general permit modification                                                                        $75.00

(l)(h) Chapter 40D-2, F.A.C., general permit temporary                                                                             $50.00

(m)(i) Chapter 40D-2, F.A.C., new Small General Permit new no greater than 10 years                         $50.00

(n) Chapter 40D-2, F.A.C., new Small General Permit no greater than 20 years Permit new                 $100.00

(o)(j) Chapter 40D-2, F.A.C., renewal Small General renewal Permit no greater than 10 years             $35.00

(p) Chapter 40D-2, F.A.C., renewal Small General Permit no greater than 20 years                                $70.00

(q)(k) Chapter 40D-2, F.A.C., Small General Permit modification                                                               $15.00

(r) Chapter 40D-2, F.A.C., permit fees for those new and renewal permits and modifications to permits that are issued for a duration greater than 20 years shall be equal to the ratio of the number of years granted to 20 years multiplied by the corresponding 20 year permit fee specified above.

(s)(l) For those public supply utilities which are solely wholesale customers of water supplied by another entity and are required to obtain a permit for such activities pursuant to Chapter 40D-2, F.A.C., permit fees shall be one-half of the applicable fee provided in paragraphs (a) through (r)(k) above.

(8) through (11) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2) FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08, 12-30-08,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Weber, Water Use Permitting Program Director, Strategic Program Office, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4303
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 12, 2008 and February 13, 2009