Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
40D-2.101: Content of Application
40D-2.331: Modification of Permits
PURPOSE AND EFFECT: Amendments are proposed to Rules 40D-2.091, 40D-2.101, 40D-2.331, F.A.C., to adopt revised and updated Water Use Permit (WUP) 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.
Specifically, Rule 40D-2.091, F.A.C., is amended to incorporate an updated version of the District’s Water Use Permit Information Manual Part B, Basis of Review, which is revised to identify and incorporate by reference the new permitting forms. Rule 40D-2.101, F.A.C., is amended to specify the new application forms and supplemental forms to be used in applying for Individual, General and Small General WUPs. Rule 40D-2.331, F.A.C., is revised to incorporate by reference a Modification Short Form to be used when requesting a letter modification to an existing permit.
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, 373.118, 373.149, 373.171, 373.216, 373.249 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 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-2.091 Publications Incorporated by Reference.

The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:

(1) Water Use Permit Information Manual Part B, “Basis of Review” ( ________) (3-26-09);

(2) through (3) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS. History– New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, ________.

 

40D-2.101 Content of Application.

(1) In order to obtain a Water Use Permit, an applicant shall file with the District the appropriate form entitled “Water Use Permit aApplication” form, including the appropriate supplemental forms or attachments as may be required for the type of permit and the water use or uses for which application is being made. The aApplication shall consist of all completed forms and other documentation submitted in support of the application for the water use permit, which shall constitute include the following information:

(1) iInformation sufficient to demonstrate that the water use meets the criteria and conditions established in Rule 40D-2.301, F.A.C.

(2) The following District application forms shall be used to obtain a new Water Use Permit or to renew an existing Water Use Permit. All permit application forms described herein have been approved by the District Governing Board and are incorporated by reference into this Chapter. Forms are available upon request from any District office or from the District’s website at www.watermatters.org.

(a) Individual Water Use Permit. Application for a new or renewal of an existing Individual Water Use Permit shall be made using the Individual Water Use Permit Application, Form No. LEG-R.029.00 (3/09). Applicants shall also submit one or more of the following Supplemental Forms as appropriate for each type of water use proposed in the permit application:

1. Water Use Permit Application Supplemental Form – Agriculture, Form No. LEG-R.030.00 (3/09)

2. Water Use Permit Application Supplemental Form – Industrial or Commercial, Form No. LEG-R.031.00 (3/09)

3. Water Use Permit Application Supplemental Form – Mining or Dewatering, Form No. LEG-R.032.00 (3/09)

4. Water Use Permit Application Supplemental Form – Public Supply, Form No. LEG-R.033.00 (3/09)

5. Water Use Permit Application Supplemental Form – Recreation or Aesthetic, Form No. LEG-R.034.00 (3/09)

(b) General Water Use Permit. Application for a new or renewal of an existing General Water Use Permit shall be made using the General Water Use Permit Application Form, No. LEG-R.028.00 (3/09). Applicants shall also submit one or more Supplemental Forms listed in subparagraph (2)(a) above as appropriate for each type of water use proposed in the permit application.

(c) Small General Water Use Permit. Application for a new Small General Water Use Permit shall be made using the Small General Water Use Permit Application, Form No. LEG-R.027.00 (3/09). To renew a Small General Water Use Permit issued solely for agricultural use, application shall be made using the Application to Renew a Small General Water Use Permit for Agricultural Use, Form No. LEG-R.036.00 (3/09). Application to renew all other Small General Water Use Permits shall be made using the Small General Water Use Permit Application, Form No. LEG-R.027.00 (3/09). One or more of the following Attachment Forms for a specific water use shall be submitted with the application form if the application proposes one of the specified water uses:

1. Small General Water Use Permit Application – Agriculture Attachment, Form No. LEG-R.037.00 (3/09)

2. Small General Water Use Permit Application – Industrial or Commercial Attachment, Form No. LEG-R.038.00 (3/09)

3. Small General Water Use Permit Application – Recreation or Aesthetic Attachment, Form No. LEG-R.039.00 (3/09)

Information required on the appropriate Water Use Permit Application and supplemental forms listed in Rule 40D-1.659, F.A.C., GROUND WATER (8)-(15), (21)-(25).

(3) through (4) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.229 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, 10-1-89, 10-23-89, 2-10-93, 1-1-03, Formerly 16J-2.06, Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07, 9-10-08, ________.

 

40D-2.331 Modification of Permits.

(1) No change.

(2) Modifications may be requested by:

(a) Formal application, using the same Individual, General or Small General Water Use Permit Application Form and applicable Supplemental or Attachment Form(s) submitted for a new permit as are incorporated in subsection 40D-2.101(2), F.A.C., or

(b) Through use of Letter, provided a Modification Short Form, Form No. LEG-R.035.00 (3/09), incorporated herein by reference and available at any District office or through the District’s website at www.watermatters.org. A Modification Short Form may be submitted, provided is submitted and the annual average daily withdrawal will not increase by more than 100,000 gpd or more than 10% of the total permitted quantity, the use of the water will not change, the modification does not cause the total annual average daily quantity to equal or exceed 500,000 gpd, the proposed changes would not cause impacts beyond those considered in the initial permit and is not a request to extend a permit term. Within the SWUCA, except to reactivate a sStandby quantities for Alternative Water Supply permit as provided in Section 1.12 of the Basis of Review, a Modification Short Form shall not be used modification by letter is not available for modifications that include a request to Self-Relocate or to increase water withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level.

(3) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.171, 373.239 FS. History–Readopted 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, ________.


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