40B-2.041: Permits Required
PURPOSE AND EFFECT: The purpose of the proposed rule is to update this section of Chapter 40B-2, Florida Administrative Code, based on the 2010 Legislature’s approval of Senate Bill 550 that deletes mandatory delegation of water use permit approvals to the Executive Director and authorizes the Governing Board to establish the scope and terms of any delegation. The effect of the rule will be to set forth procedures and terms for approval and denial of water use permit applications.
SUMMARY: This proposed rule will set forth procedures and terms for approval and denial of water use permit applications.
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: 373.103, 373.118, 373.219, 373.226, 373.244 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 and Contracts Coordinator, SRWMD, 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-2.041 Permits Required.
(1) through (3) No change.
(4) General Water Use Permit.
Except as provided in subsection (3) above or (5) below, a general water use permit is required under the general permit procedures in paragraph 40B-1.703(1)(c), F.A.C., for all withdrawals or diversions which are less than ten million gallons per day maximum daily rate of withdrawal and less than two million gallons per day average daily rate of withdrawal. Either the Executive Director, the Assistant Executive Director, or the Department Deputy Executive Director shall approve general permit applications under this paragraph for all withdrawals or diversions less than 1.0 million gallons per day without a hearing, except that any application recommended for denial shall be presented to the Governing Board for final agency action. The Governing Board shall take final agency action on general permit applications under this paragraph for all withdrawals or diversions equal to or greater than 1.0 million gallons per day average daily rate of withdrawal.
(5) through (6) No change.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.103, 373.118, 373.219, 373.226, 373.244 FS. History–New 10-1-82, Amended 5-1-83, 6-16-88, 4-14-08, 1-6-10,_________.