Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District
RULE NO.: RULE TITLE:
40C-3.035: Agreements
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to incorporate by reference the second amended water well permitting delegation agreement between the St. Johns River Water Management District (District) and the Florida Department of Health-Marion County Health Department (MCHD). The amendments to the agreement will clarify and update the responsibilities of both parties, including the use of electronic reporting submittals to the District by MCHD through the District’s E-permitting system, the compliance and enforcement responsibilities of each party, and the District’s continued regulation of earth-coupled geothermal well systems.
SUMMARY: The proposed rule would incorporate by reference the District’s second amended water well permitting delegation agreement with the MCHD allowing for local regulation of the construction, repair, and abandonment of water wells unless these wells are in a Chapter 62-524, F.A.C., delineated area or are part of an earth-coupled geothermal well system.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
This rule updates an existing delegation agreement between the District and MCHD to provide for electronic submittals of MCHD’s reports to the District through the use of the District’s E-permitting system, to clarify the compliance and enforcement responsibilities of each party, and to clarify the District’s continued regulation of earth-coupled geothermal well systems.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.046, 373.083, 373.308, 373.309 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on November 8, 2011, which is scheduled to begin immediately following the District’s Governing Board’s Regulatory Committee meeting that begins at 10:00 a.m.
PLACE: St. Johns River Water Management District Headquarters, 4049 Reid Street, Palatka, FL 32177-2529
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)326-3026 or email address wgaylord@sjrwmd.com

THE FULL TEXT OF THE PROPOSED RULE IS:

40C-3.035 Agreements.

The Governing Board hereby incorporates by reference the following documents:

(1) through (15) No change.

(16) An agreement between Florida Department of Health-Marion County Health Department and St. Johns River Water Management District entitled Second Amended Water Well Permitting Delegation Agreement dated (effective date) May 20, 2008.

Rulemaking Authority: 373.044, 373.113, 373.171 FS. Law Implemented 373.046, 373.083, 373.308, 373.309 FS. History--New 10-14-84, Amended 12-05-85, Formerly 40C-3.035, 40C-3.0035. Amended 1-8-96, 4-21-96, 7-21-96, 12-22-96, 3-10-97, 1-3-00, 9-06-01, 6-25-02, 7-24-02, 1-11-06, 5-18-06, 5-24-07, 5-20-08, ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Catherine Walker, Division Director, Division of Water Use Regulation, St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529, (386)329-4447, email cwalker@sjrwmd.com
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 14, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 30, 2010