40D-2.091: Publications and Forms Incorporated by Reference
40D-2.101: Content of Application
PURPOSE AND EFFECT: The purpose of this rulemaking is to adopt and incorporate by reference a revised Water Use Permit Application Supplemental Form – Public Supply, Form No. LEG-R.033.01 (9/09) and a new Small General Water Use Permit Application Public Supply Attachment, Form No. LEG-R.045.00 (9/09), and to repeal the Public Supply Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.012.00 (4/09). The effect will be to have more specialized application forms for public supply water uses that are intended to eliminate or reduce the necessity for submittal of additional information in order to complete a permit application. Updated and revised forms are being implemented in conjunction with the District’s expansion of its on-line permitting system.
SUMMARY: The District is revising its Water Use Permit (WUP) application forms in coordination with expansion of the Water Management Information System, or WMIS, which can now accept General and Individual WUP applications in addition to applications for Small General WUPs. Rule 40D-2.101, F.A.C., is amended to incorporate a revised Public Supply Supplemental form to be submitted for Individual and General WUPs and a new Public Supply Attachment form for use with Small General WUP applications for public supply water use. The Public Supply Supplemental Form for use only in the Southern Water Use Caution Area is no longer needed and is repealed. Section 1.4.1 of the Water Use Permit Information Manual Part B, Basis of Review, which describes application forms, is revised accordingly. Rule 40D-2.091, F.A.C., is amended to incorporate by reference the revised Basis of Review.
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: Barbara Martinez, Sr. Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4660
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-2.091 Publications Incorporated by Reference.
(1) The following publications are hereby incorporated by reference into this Chapter, and are available from the District’s website at www.watermatters.org or from the District upon request:
(a) Water Use Permit Information Manual Part B, “Basis of Review” (________) (8/30/09); and
(b) No change.
(2) No change.
Rulemaking 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, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, ________.
40D-2.101 Content of Application.
(1) No change.
(2) The following District application forms shall be used to obtain a new Water Use Permit or to renew an existing Water Use Permit. All permit application forms described herein have been approved by the District Governing Board and are incorporated by reference into this Chapter. Forms are available upon request from any District office or from the District’s website at www.watermatters.org.
(a) Individual Water Use Permit. Application for a new or renewal of an existing Individual Water Use Permit shall be made using the Individual Water Use Permit Application, Form No. LEG-R.029.00 (3/09). Applicants shall also submit one or more of the following Supplemental Forms as appropriate for each type of water use proposed in the permit application:
1. through 3. No change.
4. Water Use Permit Application Supplemental Form – Public Supply, Form No. LEG-R.033.0100 (9/09) (3/09)
5. No change.
(b) General Water Use Permit. Application for a new or renewal of an existing General Water Use Permit shall be made using the General Water Use Permit Application Form, No. LEG-R.028.00 (3/09). Applicants shall also submit one or more Supplemental Forms listed in subparagraph (2)(a) above as appropriate for each type of water use proposed in the permit application. Applicants seeking an initial or renewal General Water Use Permit for a combined annual average daily water demand of less than 100,000 gallons per day for public supply use may submit the Small General Water Use Permit Application – Public Supply Attachment, Form No. LEG-R.045.00 (9/09), in lieu of the Supplemental Form – Public Supply.
(c) Small General Water Use Permit. Application for a new Small General Water Use Permit shall be made using the Small General Water Use Permit Application, Form No. LEG-R.027.00 (3/09). To renew a Small General Water Use Permit issued solely for agricultural use, application shall be made using the Application to Renew a Small General Water Use Permit for Agricultural Use, Form No. LEG-R.036.00 (3/09). Application to renew all other Small General Water Use Permits shall be made using the Small General Water Use Permit Application, Form No. LEG-R.027.00 (3/09). One or more of the following Attachment Forms for a specific water use shall be submitted with the application form if the application proposes one of the specified water uses:
1. through 3. No change.
4. Small General Water Use Permit Application – Public Supply Attachment, Form No. LEG-R.045.00 (9/09).
(3) through (5) No change.
(6) Southern Water Use Caution Area Application Forms. In addition to the permit application and information forms identified in subsections (1)-(5) above, all applicants for permits in the Southern Water Use Caution Area (SWUCA) shall submit the “Supplemental Form – Southern Water Use Caution Area,” Form No. LEG-R.007.02 (4/09) (03/09) incorporated herein by reference. Applicants in the SWUCA shall also submit the following application and supplemental forms as appropriate for the intended water use type as described in Chapters 3 and 4 of the Water Use Permit Information Manual, Part B “Basis of Review.” All SWUCA application and supplemental information forms may be obtained from the District’s website at www.watermatters.org or from District offices:
(a) Public Supply Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.012.01 (4/09);
(a)(b) Net Benefit Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.010.01 (4/09); and
(b)(c) Southern Water Use Caution Area Ground Water Replacement Credit Application, Form No. LEG-R.011.01 (4/09).
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.229 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, 10-1-89, 10-23-89, 2-10-93, and 1-1-03. Formerly 16J-2.06. Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07, 9-10-08, 7-1-09, 8-30-09,_________.
WATER USE PERMIT INFORMATION MANUAL PART B
BASIS OF REVIEW
1.4.1 SOUTHERN WATER USE CAUTION AREA (SWUCA) APPLICATION FORMS
All Permit Applicants in the Southern Water Use Caution Area (SWUCA) shall submit the Supplemental Form–Southern Water Use Caution Area, Form No. LEG-R.007.02 (4/09) incorporated by reference in subsection 40D-2.101(6), F.A.C., in addition to the appropriate application and supplemental form(s) described in Section 1.4, above. Applicants for public supply quantities of 100,000 gallons per day or more, including water imported wholesale, shall submit the Public Supply Supplemental Form-Southern Water Use Caution Area, Form No. LEG-R.012.00 (09/07) incorporated by reference in paragraph 40D-1.659(1)(y), F.A.C. Permit Applicants in the SWUCA shall also submit the following application and supplemental forms as appropriate for their situation and intended water use type as described in Chapters 3 and 4 of Part B of the Basis of Review for Water Use Permit Applications, of the Water Use Permit Information Manual and incorporated by reference in subsection 40D-2.101(6), F.A.C.:
1. Net Benefit Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.010.01 (4/09); and
2. Southern Water Use Caution Area Ground Water Replacement Credit Application, Form No. LEG-R.011.01 (4/09).
All SWUCA application forms may be obtained from any District Service Office and from the District’s website at www.watermatters.org.
New 11-25-07, Amended 5-12-08, 7-1-09,_______.