5608460, 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: 5608460

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-2.381	Standard Permit Conditions
40D-2.401	Identification Tags

PURPOSE:

The District proposes to amend Rules 40D-2.381 and 40D-2.401, F.A.C., and Section 6.1 of the District’s Water Use Permit Information Manual Part B, Basis of Review (BOR) concerning the requirement to attach identification tags to all wells from which water is withdrawn under a District-issued Water Use Permit. The effect will be to limit the requirement for a well tag to those wells or other withdrawal facilities that are required to be metered or for which withdrawal quantities are required to be reported to the District. Rule 40D-2.091, F.A.C., is amended to adopt by reference the revised BOR Section 6.1.

SUMMARY:

The District currently requires that, for each withdrawal facility or well used to withdraw water under a water use permit issued by the District, a permanent identification tag must be affixed to the withdrawal facility or well, regardless of the quantities authorized or whether the amounts withdrawn from the facility are reported to the District. Well identification tags serve as a compliance mechanism to ensure that water use permittees are using facilities authorized by the permit, and District staff conducts site visits to confirm that each well tag has been affixed to the proper facility. Staff has determined that it is no longer cost effective to require well tags or conduct compliance site visits if the quantities being withdrawn from a well are not required to be reported to the District or the withdrawal facility is not required to be metered. The proposed amendment will limit the requirement to affix identification tags to only those facilities that are required to be metered or for which withdrawal quantities must be reported to the District.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 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, 373.224, 373.226, 373.229, 373.239, 373.243, 373.244 FS.

PRINT PUBLISH DATE:

5/23/2008 Vol. 34/21

COMMENTS:

From 5/23/2008 To 6/13/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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