5015111, 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: 5015111

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

PURPOSE:

The proposed amendments make changes so that all provisions relating to permit transfers and certain reporting requirements are updated and consistent with prior rulemaking. The first update relates to an October 2005, rulemaking for the standard condition set forth in paragraph 40D-2.381(3)(p), F.A.C. That condition was modified to require new owners of land and withdrawal facilities included on a water use permit to transfer the water use permit within 45 days of the sale to themselves and prior to using the water. The correlative standard condition in Chapter 6 of the Basis of Review was not modified. This rulemaking would remedy this inconsistency. Section 6.2 of the WUP Basis of Review contains two Special Conditions that are placed on permits that pertain to reporting requirements. Because these conditions have been independently revised over time, inconsistencies have arisen. This rulemaking would remedy the problem by combining the two conditions into one.

SUMMARY:

The proposed amendments conform the standard permit condition regarding transfer of land and withdrawal facilities to rule change that was completed in 2005. Additionally, the proposed amendments combine Special Conditions Nos. 1 and 2 into one condition with the following additions and clarifications:
• All reports and data are to be submitted to the correct section for input to the District Regulatory Database;
• The correct postal zip code;
• Guidance for requesting online submittals;
• Synchronization of due dates with those in the particular special conditions and identification of a ten-day grace period;
• Specification of the number of copies of reports, plans and data required; and
• Specification of the number of electronically submitted reports, plans, and data required.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171 FS.

LAW:

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.

PRINT PUBLISH DATE:

12/21/2007 Vol. 33/51

COMMENTS:

From 12/21/2007 To 1/11/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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