3921339, 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: 3921339

Notice of Development of Rulemaking

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-2.331	Modification of Permits

PURPOSE:

To amend rules to extend permit durations upon modification of a water use permit where the review of the application for modification is equivalent to a renewal application review.

SUBJECT:

Water Use Permit modifications – duration for significant modifications. Under current District rules, permits that are modified during their permit term retain the existing expiration date as the majority of modifications involve only portions of the permitted activity and the entire activity is not reevaluated. However, in some cases, the modification is of such a magnitude that it essentially results in a total reevaluation of the permitted activity. When these types of modifications are limited to the existing permit term, this results in the staff and applicant performing another total reevaluation within only a few years time. In these cases, it is more efficient for both the District and the applicant to handle the modification as a full renewal, thereby extending the permit by a full permit term. A renewal permit fee will be assessed rather than a modification fee, and such a renewal is predicated upon a request by the applicant.

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:

3/23/2007 Vol. 33/12

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS., 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.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=40D-2.091&PDate=3/23/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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