40C-20.011: Policy and Purpose
PURPOSE AND EFFECT: The purpose and effect of this proposed rule is to delete from Chapter 40C-40, F.A.C., the delegations to District staff to issue standard general consumptive use permits because amendments to Sections 373.083(5) and 373.118(5), F.S., enacted in 2010, provide that delegations are not subject to rulemaking. Regulatory delegations regarding consumptive use permits will be described solely in the Statement of Agency Organization and Operation, available on the District’s website at floridaswater.com.
SUMMARY: The proposed rule removes from Rule 40C-20.011, F.A.C., the delegation of authority to District staff to issue standard general consumptive use permits.
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, 373.171 FS.
LAW IMPLEMENTED: 373.083, 373.118 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 9, 2010, which begins at 1:00 p.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
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, email wgaylord@sjrwmd.com.
THE FULL TEXT OF THE PROPOSED RULE IS:
40C-20.011 Policy and Purpose.
(1) The rules in this chapter establish a general consumptive use permitting program for certain water uses whose adverse impact, either singly or cumulatively, on the water resources of the District is determined to be minimal. Consumptive uses of water which are non-exempt, which do not exceed 500,000 gallons per day calculated as an annual average, and which do not qualify for a general permit by rule under Rule 40C-2.042, F.A.C., or a noticed general permit under Chapter 40C-22, F.A.C., require a standard general permit under this chapter. The purpose of this chapter is to set forth the requirements for obtaining a standard general consumptive use permit and the conditions under which the use may be exercised.
(2) For standard general permit applications which are received and reviewed by a permitting office, the Governing Board appoints the Directors and Assistant Directors of the permitting offices as its agents for the purpose of reviewing and issuing these applications. Any individual listed in subsection 40C-20.011(3), F.A.C., may act on behalf of the Directors and Assistant Directors of the permitting offices.
(3) For standard general permit applications which are received and reviewed by the headquarters office, the Governing Board appoints the Executive Director, Assistant Executive Director, Deputy Assistant Executive Director, Director of the Department of Resource Management, Assistant Directors of the Department of Resource Management, and the Director of the Division of Consumptive Use Permitting, Department of Resource Management, as its agents for the purpose of reviewing and issuing these applications.
Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS. History–New 7-23-91, Amended 4-25-96,________.