11622072, 40E-21.011 - Florida Administrative Rules, Law, Code, Register

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Notice: 11622072

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

WATER SHORTAGE PLAN

Overview

RULE:

40E-21.011	Policy and Purpose
40E-21.051	Definitions
40E-21.221	Evaluating Water Conditions
40E-21.231	Declaring a Water Shortage
40E-21.251	Water Shortage Phases
40E-21.271	General Water Use Restrictions
40E-21.275	Variances
40E-21.291	Implementing a Water Shortage Declaration
40E-21.331	Declaring a Water Shortage Emergency
40E-21.371	Water Use Restrictions in a Water Shortage Emergency
40E-21.391	Implementing a Water Shortage Emergency Declaration
40E-21.401	Monitoring
40E-21.421	Enforcement
40E-21.501	Specific Restrictions
40E-21.521	Phase I Moderate Water Shortage
40E-21.531	Phase II Severe Water Shortage
40E-21.541	Phase III Extreme Water Shortage
40E-21.551	Phase IV Critical Water Shortage
40E-21.631	Source Classes
40E-21.651	Use Classes
40E-21.671	Method of Withdrawal Classes
40E-21.691	Surface Water Use Basin Descriptions

PURPOSE:

The South Florida Water Management District (SFWMD) gives notice that it is developing rules, as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP), minimum flows and levels, and water supply related programs of the WMDs.  Procedural issues will also be addressed.  This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida.  SFWMD anticipates potential amendments to Chapters 40E-0, 40E-1, 40E-2, 40E-3, 40E-5, 40E-8, 40E-10, 40E-20, 40E-21, 40E-22, 40E-24, and the Basis of Review for Water Use Permit Applications within the South Florida Water Management District. These changes will address the goals of the DEP and the WMDs for this rulemaking, including: 1) making the consumptive use permitting program less confusing for applicants, particularly those who work in more than one District; 2) treating applicants equitably statewide; 3) providing consistent protection of the environment; 4) streamlining the permitting process; and, 5) incentivizing behavior that protects water resources, including conservation. Additional information about the statewide CUP consistency initiative and this rule development effort is available at DEP's website at: http://www.dep.state.fl.us/water/waterpolicy/cupcon.htm.

SUBJECT:

This rule development will address amendment, repeal, or development of rules needed to accomplish CUP consistency goals and is expected to include, but not be limited to, such topics as:  1) conditions for issuance of consumptive use permit applications; 2) technical permit application review criteria; 3) water conservation; 4) limiting conditions; 5) permit thresholds; 6) permit types; 7) permit duration; 8) modification of permits; 9) 10-year compliance reports; 10) compliance monitoring and forms; 11) application forms; 12) permit fees to address  changes to permit thresholds or permit types; 13) procedural rules; and 14) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above. 
Note: Members of the District's Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY:

373.044, 373.113, F.S.

LAW:

373.026, 373.042, 373.0421, 373.103, 373.119, 373.175, 373.246, 373.603, 373.609, F.S.

PRINT PUBLISH DATE:

7/20/2012 Vol. 38/29

RELATED STATUTES
AND LAWS:

373.044, 373.113, F.S., 373.026, 373.042, 373.0421, 373.103, 373.119, 373.175, 373.246, 373.603, 373.609, F.S.

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=40E-21.011&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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