8490718, 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: 8490718

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 purpose of this rulemaking is to amend section 5.1 of the Water Use Permit Information Manual Part B, “Basis of Review” to specify when water use permittees are required to submit the Flow Meter Accuracy Verification Form, LEG-R.021.01(4/09), and incorporate the revised Basis of Review by reference. The effect will be to require the submittal of the Flow Meter Accuracy Verification Form, required every 5 years, during a specific month depending upon the county in which the permitted water withdrawal facilities are located.

SUMMARY:

Water use permittees required to monitor and report water withdrawal quantities to the District are also required to maintain accurate totalizing flow meters on each withdrawal facility. Permit conditions require the testing of flow meters and submittal of the Flow Meter Accuracy Verification Form to the District at a minimum of once every 5 years. Use of the reporting form was first added to permits located within the Southern Water Use Caution Area in January 2003, which resulted in most forms being due in January 2008. The high demand for water meter testing could not be met by the limited number of certified meter testing companies, which resulted in many delays and time extension requests, The large volume of reports that were submitted in January overwhelmed staff resources. To address this, the District is proposing to stagger the months for submittal of the report, which will now be due in a given month according to the county in which the withdrawal facilities are located. The form submittal months are intended to correlate with varied planting seasons among the counties where possible, in an effort to avoid making agricultural permittees turn withdrawal facilities on during off-season periods solely for testing purposes. It is anticipated that by spreading out the due dates for submittal of the form, testing companies will be able to target specific counties within the District and thereby reduce travel costs, which should result in lower costs passed on to affected permittees.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171 FS.

LAW:

373.036, 373.0361, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 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:

4/16/2010 Vol. 36/15

COMMENTS:

From 4/16/2010 To 5/7/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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