6315493, 40D-3.037 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6315493

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

REGULATION OF WELLS

Overview

RULE:

40D-3.037

Rules, Publications and Agreements Incorporated by Reference

PURPOSE:

The purpose of this rulemaking is to amend Rule 40D-3.037, F.A.C., to incorporate by reference a Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region 4, Superfund Division and the Southwest Florida Water Management District. The effect of the Memorandum of Agreement (MOA) is to establish a working relationship between the two agencies on District permitting matters involving well construction and other regulated activities that are proposed in or near selected Superfund sites within the District.

SUMMARY:

The District and EPA have entered into a Memorandum of Agreement (MOA) to outline a cooperative relationship between the agencies and to establish a protocol for sharing information when the District is reviewing an application for a permit to regulate activity proposed in or near certain designated Superfund sites within the District. The District anticipates that this will occur most often in the context of reviewing applications for well construction permits. Therefore, this rulemaking amends Rule 40D-3.037, F.A.C., to incorporate by reference the Memorandum of Agreement between the U.S. Environmental Protection Agency, Region 4, Superfund Division and the Southwest Florida Water Management District. The MOA will improve coordination between the two agencies and enable each agency to implement their respective regulatory practices in a manner that best minimizes the potential effects of ground water contamination in areas that are or could be impacted by a Superfund site. Information sharing will include detailed geographic descriptions of the contaminated areas associated with the Superfund sites covered by the Agreement. Upon receipt of this information, the District will make available to the public through its website aerial depictions of the contaminated areas. This will enable persons who seek to apply for District permits authorizing activities in or around the selected Superfund sites to know the extent of groundwater contaminant plumes and associated buffer areas. Making this information available to the public and to District staff will also avoid the potential for property owners to unwittingly risk causing pollutants to spread and thus become potentially responsible parties for cleanup of a Superfund site. Presently, the MOA applies to only one site located within Polk County. Additional sites will be added as site-specific information is developed.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.309 FS.

LAW:

373.046, 373.308, 373.309, 373.323, 373.324, 373.333 FS.

PRINT PUBLISH DATE:

10/24/2008 Vol. 34/43

COMMENTS:

From 10/24/2008 To 11/14/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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