11763692, 40A-1.1002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11763692

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Northwest Florida Water Management District

Chapter:

GENERAL AND PROCEDURAL RULES

Overview

RULE:

40A-1.1002	Variances from Water Shortage Plan (Repealed)
40A-1.1003	Variance and Emergency Variance or Authorization Procedures
40A-1.1010	Point of Entry Into Proceedings
40A-1.2025	Fees
40A-1.203	Permit Application Procedure
40A-1.205	Suspension, Revocation, Cancellation and Modification of District Permits
40A-1.206	Temporary Permits (Repealed)
40A-1.207	Complaints
40A-1.208	Administrative Enforcement Action
40A-1.209	Emergency Action
40A-1.510	District Investigations and Probable Cause Determination

PURPOSE:

: The Northwest Florida Water Management District (NWFWMD) 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 (MFLs), and water supply related programs of the WMDs. This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida. This rule development will make appropriate rule amendments to NWFWMD’s Chapters 40A-1, 40A-2, and 40A-21, F.A.C., to address the following goals of the DEP and the WMDs for this rulemaking: (1) making the CUP rules less confusing for applicants; (2) treating applicants equitably statewide; (3) providing consistent protection of the environment; (4) streamlining the application and permitting process; and (5) incentivizing behavior that protects water resources, including water conservation. Additional information about the statewide CUP consistency initiative is available at DEP’s website at: www.dep.state.fl.us/water/ waterpolicy/cupcon.htm.

SUBJECT:

TO BE ADDRESSED: Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) annual allocation requirements and other rules needed to provide continuous reasonable assurance throughout the duration of a permit; (8) modification of permits; (9) 10-year compliance reports; (10) compliance monitoring and forms; (11) application forms; (12) permit fees to address related changes to permit thresholds or permit types; (13) an Applicant’s Handbook to assist applicants with the requirements of Chapter 40A-2, F.A.C. (14) procedural rules in Chapter 40A-1, F.A.C.; (15) water shortage plan rules in Chapter 40A-21, F.A.C.; and (16) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171 FS.

LAW:

373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250 FS.

PRINT PUBLISH DATE:

7/20/2012 Vol. 38/29

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.171 FS., 373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250 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=40A-1.1002&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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