Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO.: RULE TITLE:
40D-3.101: Content of Application
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to reduce the number of copies of site plans, and the requirements for such site plans, that are submitted for public supply well construction permit applications.
SUMMARY: This amendment is part of a District rulemaking initiative to reduce the number of copies of permit application forms, supporting documentation and compliance-related reports and documents that are required to be submitted. The overall effect of the rulemaking will be to reduce costs to the public that are associated with the submittal of permit applications and the reporting of permit compliance activities to the District.
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.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
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, 373.309, 373.337 FS.
LAW IMPLEMENTED: 373.109, 373.308, 373.309, 373.313, 373.316 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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 5 days before the workshop/meeting by contacting: Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone (352)796-7211, ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to ADACoordinator@swfwmd.state.fl.us.. 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: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, (352)796-7211 (4660) (OGC #2010053)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-3.101 Content of Application.

(1) No change.

(2) A permit applicant seeking to drill a public supply well shall submit:

(a) No change.

(b) A completed “Public Supply Well Information and Classification Form,” Form No. LEG-R.015.021 (08/11) (4/09), incorporated herein by reference; and

(c) Two Four sets of site plans, scaled drawings or legal plats with sufficient detail to demonstrate compliance with well set back requirements in Rule 62-532.400, F.A.C. and location requirements in Rule 62-555.312, F.A.C. signed, sealed and dated by a licensed professional engineer. Applicants for permits on existing projects may submit pre-existing site plans or detailed legal plats.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.109, 373.308, 373.309, 373.313, 373.316 FS. History–Readopted 10-5-74, Formerly 16J-3.07, Amended 7-1-90, 9-30-91, 12-31-92, 4-11-94, 10-19-95, 2-26-07, 8-19-08, 8-30-09, 9-12-10,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Bree Gathers
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 30, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 30, 2011