Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE NO: RULE TITLE
40E-1.021: Definitions
40E-1.511: Point of Entry Into Proceedings
40E-1.603: Application Procedures for Conceptual Approval, Individual and General Permits
40E-1.615: Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern
40E-1.5095: Publication of Notice of Agency Decision or Intended Agency Decision
40E-1.6058: Publication and Requests for Notification of Permit Applications or Notices of Intent
40E-1.6065: Consideration of Intended Agency Decision on Permit Applications
40E-1.6105: Notification of Transfer of Interest in Real Property
40E-1.6107: Transfer of Environmental Resource, Surface Water Management, or Water Use Permit
PURPOSE AND EFFECT: The proposed amendments incorporate provisions to allow for noticing, delivery and receipt of documents through electronic media.
SUMMARY: The proposed rules set forth definitions describing the electronic terminology used throughout the District's rules, and provide for electronic noticing, electronic filings, electronic receipt and/or electronic transmission by the District.
SUMMARY OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has not been prepared based on the District's determination that the proposed revisions will not result in a substantial increase in the costs to affected parties and there will not be significant adverse effects on competition, employment, investment or productivity.
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.
SPECIFIC AUTHORITY: 120.53, 120.53(1), 120.54(5), 373.044, 373.113, 373.4136, 380.051, 668.003, 668.004, 668.50, FS.
LAW IMPLEMENTED: 120.53, 120.53(1), 120.54(5), 120.569, 120.57, 120.60, 120.60(3), 373.083, 373.107, 373.109, 373.113, 373.116, 373.146, 373.171, 373.229, 373.309, 373.413, 373.4135, 373.4136, 373.416, 373.417, 373.421, 373.422, 373.426, 373.427, 373.429, 373.436, 380.051, 668.003, 668.004, 668.50, FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 9:00 a.m., June 14, 2006.
PLACE: South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
Although Governing Board meetings, hearings and workshops are normally recorded, affected persons are advised that it may be necessary for them to ensure that a verbatim record of the proceeding is made, including the testimony and evidence upon which any appeal is to be based.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: the South Florida Water Management District Clerk's Office at (561) 682-6436. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ronda Wise, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone 1-800-432-2045, extension 6500 or (561) 682-6500 (internet: rwise@sfwmd.gov). For procedural questions, Jan Sluth, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone 1-800-432-2045, extension 6299, or (561) 682-6299 (internet: jsluth@sfwmd.gov).

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-1.021               Definitions.

When used in this chapter, Chapters 40E-4, Chapters 40E-40, 40E-41, 40E-61, and 40E-400, F.A.C.:

(1) “e-Permitting website” means the District’s website address for e-Permitting at http://my.sfwmd.gov/ePermitting.

(2) “Electronic filing” means filing or submission of an Environmental Resource, Surface Water Management Permit or Consumptive Use Permit Application; Response to Request for Additional Information; or Request for Permit Transfer at the District's e-Permitting website.  Electronic filing is governed by the provisions of Chapter 668, F.S.  If the applicant or sender of electronic data inhibits the ability of the District to store or print the electronic data, it shall not be considered filed with or received by the District.  Filings received by the District after 5:00 p.m. shall be deemed filed on the next regular business day.

(3) “Electronic mail” means an electronic or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval.  Electronic mail received after 5:00 p.m. shall be deemed received on the next regular business day. 

(4) “Electronic record” means information that is stored in an electronic medium and is retrievable in a perceivable form, including public records as defined in Section 119.011, Florida Statutes.

(5) “Electronic signature” means an electronic sound, symbol, or process attached to an electronic record and executed or adopted by a person with the intent to sign the record. 

PROPOSED EFFECTIVE DATE:  October 1, 2006

Specific Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 668.003, 668.004, 668.50 FS. History–New      .

40E-1.5095 Publication of Notice of Agency Decision or Intended Agency Decision.

In cases where a project is determined to be of heightened public concern, or where there is the likelihood of a request for an administrative hearing, where the proposed activity is potentially harmful to the water resources of the District or contrary to the overall objectives of Chapter 373, F.S., as outlined in Section 373.016, F.S., or if objection(s) to the application has been received, the District shall publish, or require the permit applicant to publish notice of agency decision or intended agency decision in the Florida Administrative Weekly or newspapers of general circulation in the area affected by such decisions as required by Chapter 50, F.S., and shall post notice and mail send by regular United States mail or electronic mail copies of its notice to applicants and interested groups. Such publication may be used as evidence of constructive and sufficient notice.

PROPOSED EFFECTIVE DATE:  October 1, 2006

Specific Authority 120.54(5), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.569, 120.57, 373.146, 373.413, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended 6-12-00, _______.

40E-1.511 Point of Entry Into Proceedings.

Procedures regarding point of entry into proceedings determining substantial interests and mediation are set forth in the Uniform Rules of Procedure Rule 28-106.111, F.A.C. The following exceptions are applied in combination with the applicable Uniform Rules of Procedure.

(1)(a) “Receipt of written notice of agency decision” as set forth in Rule 28-106.111, F.A.C., means receipt of either written notice through regular United States mail, electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action.

(b) No Changes.

(2) through (3)  No Changes.

PROPOSED EFFECTIVE DATE:  October 1, 2006

Specific Authority 120.54(5), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Amended 7-26-87, 5-11-93, 10-3-95, 7-2-98, 6-12-00, __________.

40E-1.603 Application Procedures for Conceptual Approval, Individual and

General Permits.

(1) (a) through (e)  No Changes.

(2) No Changes.

(3)(a) through (d)  No Changes.

(e) Noticed general permits under Chapter 40E-400, F.A.C., may be utilized by the applicant 30 days after the District receives the notice of intent, unless a notice that the project does not qualify for the noticed general permit is mailed sent by regular United States mail or electronic mail by the District within 30 days, in accordance with Rule 40E-400.211, F.A.C. If notice that the proposed project does not qualify for the noticed general permit is mailed sent by regular United States mail or electronic mail by the District to the applicant, the review process under subsection

(1) shall be initiated or the applicant shall be required to apply for the appropriate permit if the requested activity is not covered by the noticed general permit rule.

PROPOSED EFFECTIVE DATE:  October 1, 2006

Specific Authority 120.53(1), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.60, 373.107, 373.109, 373.116, 373.229, 373.417, 373.421, 373.422, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Formerly 16K-1.08(1)-(8), Amended 7-1-86, 7-26-87, 11-21-89, 5-11-93, 10-3-95, 4-1- 96, 7-2-98, 6-12-00, ______.

40E-1.6058 Publication and Requests for Notification of Permit Applications or

Notices of Intent.

(1) Written Notice of Receipt of Permit Application or Notice of Intent. 

(a) Persons who wish to be notified in writing or by electronic mail of any permit application or notice of intent which affects a designated geographic area shall notify the District in writing or by electronic mail, and shall specify their area of interest by county. Requests must be renewed every 6 months. The District shall provide written notice in writing or by electronic mail of receipt of application or notice of intent to all persons who have filed in the preceding 6 months a written or electronic request for notification of any application or notice of intent affecting the designated geographic area in which the proposed activity is to occur.

(b) Notices of intent for general permits shall be posted in the District Service Center responsible for reviewing the notice of intent. 

(2) (a) through (c)  No Changes.

(3) No Changes.

(4) Persons who wish to be advised of the proposed agency action regarding a particular permit application shall file a written or electronic request for further notice within 14 days of receipt of the notice of application.

(5) The governing board may charge a subion fee for information requested in accordance with this section to any person who has filed a written or electronic request for notification of any pending applications, pursuant to Rule 40E-1.125, F.A.C.

PROPOSED EFFECTIVE DATE:  October 1, 2006

Specific Authority 373.044, 373.113, 668.003, 668.004, 668.50, FS. Law Implemented 120.53(1), 120.60(3), 668.003, 668.004, 668.50  FS.

History–New 10-3-95, Amended 7-2-98, 6-12-00, ______.

40E-1.6065 Consideration of Intended Agency Decision on Permit Applications.

(1) No Changes.

(2) The Governing Board shall consider the application for a conceptual approval, individual environmental resource, individual surface water management, or individual water use permit application at its next available regularly scheduled regulatory meeting following the mailing or electronic mailing of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S.

(3)  No Changes.

(4) Because the Governing Board may take a final agency action which materially differs from the noticed intended agency action, applicants and other interested persons should be prepared to defend their position regarding the permit application when it is considered by the Governing Board. If the Governing Board takes final agency action which materially differs from the intended agency decision, the District shall mail by regular United States mail or electronic mail a notice of the final agency action to all persons who were notified of the intended agency decision.

PROPOSED EFFECTIVE DATE:  October 1, 2006

Specific Authority 120.53(1), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.60, 373.107, 373.109, 373.116, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended 6-12-00, ________.

40E-1.6105 Notification of Transfer of Interest in Real Property.

Within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing or electronically at the District's e-Permitting website, of the transfer giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer. Notification of a transfer shall not constitute a permit transfer pursuant to Rule 40E-1.6107, F.A.C.

PROPOSED EFFECTIVE DATE:  October 1, 2006

Specific Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 373.083, 373.171, 373.309, 373.416, 373.426, 373.429, 373.436, 668.003, 668.004, 668.50 FS. History–New 5-11-93, _______.

40E-1.6107  Transfer of Environmental Resource, Surface Water Management, or

Water Use Permit.

(1) To transfer an environmental resource, surface water management, or water use permit, the permittee, in addition to satisfying the applicable provisions in Rules 40E-2.351 and 40E-4.351, F.A.C., must provide information required in Rule 40E- 1.6105, F.A.C., and file a together with a written statement from the proposed transferee in writing or at the District's e-Permitting website that it has reviewed the District permit and project design and will be bound by all terms and conditions of the permit, including all compliance requirements, for the duration of the permit.

(2) through (4)  No Changes.

PROPOSED EFFECTIVE DATE:  October 1, 2006

Specific Authority 120.53(1), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 373.083, 373.171,373.309, 373.416, 373.426, 373.429, 373.436, 668.003, 668.004, 668.50 FS. History–New 5-11-93, Amended 10-3-95, _______.

40E-1.615 Coordinated Agency Review Procedures for the Florida Keys Area of

Critical State Concern.

(1)   No Changes.

(2) (a) through (b) No Changes.

(3) (a) through (c)  No Changes.

(d) If the applicant waives the time limits required by Chapter 120 and Section 380.051, F.S., as set forth in Rule 9J-19.007, F.A.C., the District shall delay initiation of substantive review until written notice is received by electronic mail at the District's e-Permitting website or in writing from the Permit Coordinator indicating that substantive review should begin, as provided in subsection 9J-19.007(3) (Coordination of Time for Sufficiency Review), F.A.C. If the applicant does not waive the time limits, the District shall begin substantive review when the Coordinated Review Application is complete.

PROPOSED EFFECTIVE DATE:  October 1, 2006

Specific Authority 373.044, 373.113, 380.051, 668.003, 668.004, 668.50 FS. Law Implemented 380.051, 668.003, 668.004, 668.50 FS.

History–New 9-22-87, Amended 10-3-95, ___________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Robert M. Brown, Director, Environmental Resource Regulation Division.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 8, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 9, 2005