25277441, 40D-2.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25277441

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.091	Publications and Forms Incorporated by Reference
40D-2.101	Content of Application
40D-2.801	Water Use Caution Areas

PURPOSE:

The purpose of this rulemaking is to amend Chapter 40D-2, F.A.C., to remove the elements of and references to the Dover Plant City Water Use Caution Area Recovery Strategy in District rules, the WUP Applicant’s Handbook Part B, and the Dover/Plant City Water Use Caution Area Supplemental Form.

SUMMARY:

Chapter 40D-80, F.A.C. requires reassessment of the Dover Plant City Water Use Caution Area Recovery Strategy if the objectives to establish and achieve the MAL and to reduce cold-protection withdrawals by 20 percent compared to the freeze event that occurred in 2010 were not accomplished by January 2020. A recent staff assessment determined that the MAL has been achieved and that, while there have been reductions in cold-protection quantities used since 2010, the specified 20 percent reduction has not been fully achieved. A reassessment of the Recovery Strategy was completed, with the conclusion that the objective to reduce cold-protection use by 20% based on the 2010 event was impractical and unreasonable. Based on the MAL being achieved and the recommendation to eliminate the objective to reduce the January 2010 cold-protection quantities by 20 percent, a Recovery Strategy is not necessary. This rulemaking will amend Chapter 40D-2 to remove elements of and references to the Recovery Strategy. Rule 40D-80.075 is being repealed contemporaneously with this rulemaking.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171 F.S.

LAW:

373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715, 403.0877 FS.

PRINT PUBLISH DATE:

11/18/2021 Vol. 47/224

COMMENTS:

From 11/18/2021 To 12/9/2021 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-00286 Dover/Plant City Water Use Caution Area Supplemental Form - Form No. LEG-R.050.00 (12/10)
Ref-00287 Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area - Form No. LEG-R.051.00 (12/10)
Ref-03965 LEG-R.050.02 Dover/Plant City WUCA Supplemental Form
Ref-03966 CUPCon - LEG-R.051.01 - Net Benefit Supplemental Form Dover/Plant City WUCA
Ref-13871 Water Use Applicant's Handbook Part B

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