40C-2.101: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose and effect of this rule development is to amend the permit application procedures for consumptive use permits in the Applicant’s Handbook, Consumptive Uses of Water to: (1) indicate that the regulatory delegations to District staff are located in the Statement of Agency Organization and Operation which is found on the District’s website; (2) remove or revise certain references to the Governing Board for clarity and accuracy and because permit delegations are no longer subject to rulemaking due to the 2010 enactment of amendments to Section 373.083(5), F.S.; (3) clarify and reorganize the rules describing: procedures for evaluation of individual permit applications; procedures for objections to such permits; notices provided in the permitting process; requests for administrative hearing; and procedures at regulatory meetings.
SUBJECT AREA TO BE ADDRESSED: The rule development addresses amendments to procedural rules associated with consumptive use permit applications.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.083, 373.116, 373.216, 373.219, 373.229 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 15, 2010, 10:00 a.m.
PLACE: Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Wendy Gaylord, Rules Coordinator, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, (386)326-3026, or wgaylord@sjrwmd.com
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40C-2.101 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference Parts I, II and III, the “Water Conservation Public Supply” requirements in Appendix I, and “Legal Description of the Central Florida Coordination Area of the St. Johns River Water Management District” in Appendix L of the document entitled “Applicant’s Handbook, Consumptive Uses of Water”, ___________ 3-8-09. The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions that pertain to the District’s administration of the consumptive use permitting program.
(2) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.073, 373.079, 373.083, 373.103, 373.109, 373.196, 373.219, 373.223, 373.229, 373.233, 373.236, 373.239, 373.250, 373.62 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06, 2-13-08, 8-12-08, 3-8-09,_________.
APPLICANT’S HANDBOOK SECTIONS:
5.0 Procedures for Processing
5.4 Individual Permits
5.4.1 Staff Evaluation
5.4.1.3 All reviews will be completed and the application will be approved or denied presented to the Board for action within 90 days after the application is determined to be complete.
5.4.1.4 The applicant should be given a minimum 14 days notice when the staff’s review is complete and the application has been scheduled for District action on the application a Board meeting. This notice includes the place, date and time of the meeting, and a copy of the staff report which recommends approval or denial. The staff report recommending approval or denial of the application shall be the District’s Notice of Intended Action. The applicant is advised to read the report carefully. If any part of the report is in error, or if the applicant does not agree with the staff’s recommendation, the applicant should immediately contact the District staff prior to the date set for action by the Governing Board.
If after contacting District staff regarding its report, the applicant is still dissatisfied with the staff’s position, by waiving the ninety day time frame, the applicant has the option of requesting that the District staff take additional time to meet with the applicant to further discuss the application, the applicant’s position, and staff’s position application be removed from the agenda and rescheduled at a later time.
5.4.1.5 Notification to Public for Input
When the District receives an application, it will provide notice that an application has been filed. Such notice will be given by regular mail to property owners listed on the application form, or by publication of a newspaper advertisement when requested by the applicant pursuant to section 4.4.2 in those instances when the number of adjacent landowners exceeds 100. Additionally, notice of the application will be given by regular mail to those persons who have previously filed a written request for notification of pending applications within the affected area.
The District will also publish a notice of the pending application in a newspaper having general circulation in the affected area (however, the District will not publish a newspaper notice when it has published an advertisement pursuant to section 4.4.2). Such notice will be published upon receipt of the application for a permit. In order for the District staff to properly evaluate any information which interested persons may submit, these persons should contact the District within 14 days of the date of publication of notice of receipt of application if they have objections, comments or information regarding the proposed withdrawal. Notice of intended agency action will be provided to the Applicant and to persons who have requested notice as required by Section 120.60, F.S., and Section 373.116, F.S.
5.4.1.6 Objections
In order for the District staff to properly evaluate any information which interested persons may submit regarding an application, these persons should contact the District within 14 days of the date of publication of notice of receipt of application and provide their objections, comments or information regarding the proposed withdrawal in writing.
Notice of intended agency action will be provided to the Applicant and to persons who have requested notice as required by Section 120.60, F.S. An applicant or a person whose substantial interests may be determined by the intended agency action may request an administrative hearing in accordance with Chapter 120, F.S., Chapter 28-106, F.A.C., and Rule 40C-1.1007, F.A.C. Making a written objection or appearing at a Board meeting does not make a person a “party” for Chapter 120, F.S., purposes.
Written objections should be received by the District at least 7 days prior to the date of the regulatory meeting at which the permit application is scheduled for Governing Board consideration in order to be included in the official record of the application and made available to the Board in their deliberations.
Unless an objection to a permit application is received or a request for an administrative hearing in accordance with Chapter 28-106 and Rule 40C-1.1007, F.A.C., is received, the application may be presented to the Governing Board on a consent agenda and therefore may not receive individual consideration.
If the applicant is notified that the District staff will recommend denial to the Board, or the Governing Board does in fact deny the permit, then the applicant may request an administrative hearing in accordance with Chapter 28-106 and Rule 40C-1.1007, F.A.C.
5.4.2 Regulatory Meeting
5.4.2.1 The Governing Board of the SJRWMD normally meets on the second Tuesday of each month to act on permit applications that have not been delegated to District staff to approve. (See the District’s Statement of Agency Organization and Operation at floridaswater.com for a listing of these regulatory delegations.) At each regulatory meeting the Board has copies of the staff reports, along with the staff’s recommendations, which were provided to them several days before the meeting to allow time for consideration. When applications are formally presented to the Board for action, the Board invites comments from the applicants, District staff, persons who may be impacted by the use, and members of the general public. However, if no requests to speak concerning an application are made at the meeting, the application may be presented to the Governing Board on a consent agenda and therefore may not receive individual consideration. Revised 8-12-08,________.
5.4.2.2 Upon presentation of an application, the Board will either approve the application, deny the application, or continue the application for consideration at a later day within applicable time frames established by the provisions of Chapter 120, F.S.
5.4.2.3 If the applicant, an objector, or any other person whose substantial interest may be determined is dissatisfied with staff recommendation or an action taken by the Board, they may file a petition for an administrative hearing in accordance with Chapter 28-106 and Rule 40C-1.1007, F.A.C.