7028734, 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: 7028734

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-2.331	Modification of Permits

PURPOSE:

Amendments are proposed to Rules 40D-2.091, 40D-2.101, 40D-2.331, F.A.C., to adopt revised and updated Water Use Permit (WUP) application and supplemental information forms. The revised forms will coordinate with ongoing refinements in the information-gathering capabilities of the District’s Water Management Information System, or WMIS, which is being expanded to allow electronic submittal of a greater range of permit applications. The effect will be to elicit through the permit application forms all of the specific information and supporting documentation normally required to determine that a requested water use meets the conditions for permit issuance.

SUMMARY:

The District has completed a comprehensive review of the application information requirements for the various types of District WUPs and now seeks to revise its permit application forms in concert with efforts to expand electronic permitting through the District’s Water Management Information System or WMIS. Revised application forms have been developed for Individual, General and Small General WUPs. A new application form is developed for use in renewing Small General WUPs for agricultural water use. Revised supplemental information forms are proposed for agricultural, commercial or industrial, and recreation or aesthetic water use types. Revised supplemental application forms for mining or dewatering and for public supply water uses are still under development and will be proposed in subsequent rulemaking. The information-gathering format embodied in the revised forms is also designed to facilitate electronic permitting through WMIS, which has recently been expanded to accept General and Individual WUP applications in addition to Small General WUP applications.
Specifically, Rule 40D-2.091, F.A.C., is amended to incorporate an updated version of the District’s Water Use Permit Information Manual Part B, Basis of Review, which is revised to identify and incorporate by reference the new permitting forms. Rule 40D-2.101, F.A.C., is amended to  specify the new application forms and supplemental forms to be used in applying for Individual, General and Small General WUPs. Rule 40D-2.331, F.A.C., is revised to incorporate by reference a Modification Short Form to be used when requesting a letter modification to an existing permit.

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, 373.229, 373.239, 373.243 FS.

PRINT PUBLISH DATE:

4/17/2009 Vol. 35/15

COMMENTS:

From 4/17/2009 To 5/8/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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