Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-1.659: Forms and Instructions
PURPOSE AND EFFECT: Amendments proposed to Rule 40D-1.659, F.A.C., are part of a larger rule package, the purpose of which is to adopt revised and updated Water Use Permit application and supplemental information forms. The revised forms will coordinate with ongoing refinements in the information-gathering capabilities of the District’s Water Management Information System, or WMIS, which is being expanded to allow electronic submittal of a greater range of permit applications. The effect will be to elicit through the permit application forms all of the specific information and supporting documentation normally required to determine that a requested water use meets the conditions for permit issuance.
SUMMARY: The District has completed a comprehensive review of the application information requirements for the various types of District WUPs and now seeks to revise its permit application forms in concert with efforts to expand electronic permitting through the District’s Water Management Information System or WMIS. Revised application forms have been developed for Individual, General and Small General WUPs. A new application form is developed for use in renewing Small General WUPs for agricultural water use. Revised supplemental information forms are proposed for agricultural, commercial or industrial, and recreation or aesthetic water use types. Revised supplemental application forms for mining or dewatering and for public supply water uses are still under development and will be proposed in subsequent rulemaking. The information-gathering format embodied in the revised forms is also designed to facilitate electronic permitting through WMIS, which has recently been expanded to accept General and Individual WUP applications in addition to Small General WUP applications.
Rule 40D-1.659, F.A.C., is amended to list the new WUP application forms and to identify the specific rule in which these forms are incorporated by reference.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 373.044, 373.113, 373.149, 373.171, 373.337 FS.
LAW IMPLEMENTED: 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899; (352)796-7211, extension 4660

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.659 Forms and Instructions.

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.watermatters.org.

(1) GROUND WATER

(a) through (g) No change.

(h) SMALL GENERAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES LESS THAN 100,000 GALLONS PER DAY FORM NO. LEG-R.027.00 (3/09) WUP-1 FORM 46.20-002 (1/08), incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.

(i) GENERAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES OF 100,000 TO 499,999 GALLONS PER DAY, FORM NO. LEG-R.028.00 (3/09) WUP-2 FORM 46.20-003 (1/08), incorporated by reference in paragraph 40D-2.101(2)(b), F.A.C.

(j) INDIVIDUAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES OF 500,000 GALLONS PER DAY OR GREATER, FORM NO. LEG-R.029.00 (3/09) WUP-3 FORM 46.20-004 (1/08), incorporated by reference in paragraph 40D-2.101(2)(a), F.A.C.

(k) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – AGRICULTURE, FORM NO. LEG-R.030.00 (3/09) WUP-4 FORM 46.20-004 (09/07), incorporated by reference in subparagraph 40D-2.101(2)(a)1., F.A.C.

(l) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – INDUSTRIAL OR COMMERCIAL, FORM NO. LEG-R.031.00 (3/09) WUP-5 FORM 46.20-005 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)2., F.A.C.

(m) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – MINING OR AND DEWATERING, FORM NO. LEG-R.032.00 (3/09) WUP-6 FORM 46.20-006 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)3., F.A.C.

(n) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – PUBLIC SUPPLY, FORM NO. LEG-R.033.00 (3/09) WUP-7 FORM 46.20-007 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)4., F.A.C.

(o) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – RECREATION OR AESTHETIC, FORM NO. LEG-R.034.00 (3/09) WUP-8 FORM 46.20-008 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)5., F.A.C.

(p) MODIFICATION SHORT FORM, FORM NO. LEG-R.035.00 (3/09) 42.00-034 (3/00), incorporated by reference in subparagraph 40D-2.231(2)(b), F.A.C.

(q) through (t) No change.

(u) SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.007.02 007.01 (3/09) (11/07)

(v) ALTERNATIVE WATER SUPPLY SUPPLEMENTAL FORM SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.009.00 (09/07)

(w) through (dd) renumbered (v) through (cc) No change.

(dd) Application to Renew a Small General Water Use Permit for Agricultural Use, FORM No. LEG-R.036.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c), F.A.C.

(ee) Small General Water Use Permit Application – Agriculture Attachment, FORM No. LEG-R.037.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c), F.A.C.

(ff) Small General Water Use Permit Application – Industrial or Commercial Attachment, FORM No. LEG-R.038.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c), F.A.C.

(gg) Small General Water Use Permit Application – Recreation or Aesthetic Attachment, FORM No. LEG-R.039.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c), F.A.C.

(2) SURFACE WATER

(a) through (o) No change.

(3) OTHER

(a) through (c) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS.  Law Implemented 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50 FS.  History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D‑1.1.901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2‑16‑99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05, 2-6-07, 2-26-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 30, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 10, 2009