40D-2.041: Permits Required
40D-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose of this rulemaking is to delegate to District staff authorization to take agency action on certain applications for Individual Water Use Permits. Related amendments are also proposed to Chapter 40D-1, F.A.C., concerning permitting processes and Chapter 40D-4, F.A.C., concerning permitting of Individual Environmental Resource Permits. The effect of this rulemaking will be to enable designated staff to take agency action to approve certain Individual Water Use Permit applications unless the applicant, District Executive Director or a Governing Board member requests that the permit application be referred to the Governing Board for agency action. Amendments also incorporate a revised Water Use Permit Information Manual Part B, “Basis of Review” which is being updated to reflect the changes being proposed in this rulemaking.
SUMMARY: As part of the District’s ongoing efforts to improve permitting processes for applicants, amendments are proposed to delegate to staff authority to take agency action on certain Individual Water Use Permits. Rule 40D-2.041, F.A.C., is amended to provide that Individual Water Use Permits may be issued by the Governing Board or designated District staff. Governing Board approval will be required if the permit is for a combined annual average daily demand of 10 million gallons per day or greater, the permit is a new permit, the permit is a renewal or modification of a permit that increases the authorized withdrawal quantity or allows a change in water use of 100,000 gallons per day or more or 10% or more of the permitted withdrawal quantity, or the permit authorizes environmental augmentation. Rule 40D-2.091, F.A.C., is amended to incorporate a revised Water Use Permit Information Manual Part B, “Basis of Review,” which is being revised to reflect the proposed amendments. BOR sections 1.6 and 4.3 are amended to reflect the changes in processing of Individual 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, 373.149, 373.171, 373.216, 373.249 FS.
LAW IMPLEMENTED: 373.036, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.224, 373.226, 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, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, ext. 4651
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-2.041 Permits Required.
(1) No change.
(2) Water Use Permit categories are based on the combined annual average daily water demand, defined as the total reasonable-beneficial water quantity necessary for the proposed water use, to be obtained during one year from ground water, surface water, alternative water supply, imported water or any other water source, divided by 365 days and expressed in gallons per day (gpd). The District issues the following categories of Water Use Permits:
(a) Individual. Water Use Permits for a combined annual average daily water demand of 500,000 gpd or greater are issued as Individual Water Use Permits. Individual Water Use Permits are issued by the Governing Board or designated District staff. Individual Water Use Permits must receive approval from the Governing Board if any of the following applies:
1. The permit is for a combined annual average daily water demand of 10,000,000 gpd or greater;
2. The permit is a new permit;
3. The permit is a renewal or modification of an existing permit that increases the authorized withdrawal quantity by, or allows a change in water use of, 100,000 gpd or more, or 10% or more of the prior permitted withdrawal quantity; or
4. The permit authorizes environmental augmentation as provided in Chapter 4, Section 4.3 A.1.a.ii.(4) of the Basis of Review.
(b) through (c) No change.
(3) No change.
Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 9-4-77, 10-16-78, Formerly 16J-2.04(1), (2), (4), (5), Amended 9-1-84, 11-19-84, 10-1-89, 2-10-93, 4-11-94, 1-1-07, 12-30-08,_________.
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” (______), and
(2) Part D, “Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area” (1/07).
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,_________.
1.6 APPLICATION REVIEW PROCESS
Once the permit application and appropriate information supplements are received, District staff will identify any deficiencies in the application and request any needed information within 30 days of receipt. District staff will evaluate the application in terms of water needs and potential impact and may request clarification of the information submitted. District staff will work with the Applicant to obtain all of the information necessary to support the application. However, it is the Applicant’s responsibility to provide the information requested.
Staff will notify the Applicant when all information has been received and the application is complete. Once the application is complete, the District must issue or deny the permit within 90 days. Typically, permits authorizing withdrawals < 500,000 gpd will be issued or denied within 60 days. The District has established two procedures for issuing permits, based on the quantity of water permitted. The Governing Board must approve all permits authorizing annual average withdrawals 500,000 gpd. District staff typically issues permits authorizing withdrawals of < 500,000 gpd unless the permit involves unusual circumstances. Permits which do not require Governing Board approval may be issued in a shorter period of time than those which must be approved by the Governing Board.
If a permit requires Governing Board approval, District staff will prepare a staff report and recommendation. This information is delivered to the permit applicant and interested persons and constitutes proposed agency action. Any person whose substantial interest may be affected by action on a permit and objects to it may file a petition for hearing within 21 days of receipt of notice of the proposed agency action. Procedures for filing a petition for hearing are described in Chapter 120, F.S., and Chapter 28-106, F.A.C. If no petition for hearing is filed, the permit will be acted on at the next Governing Board meeting indicated in the notice. If a valid objection is received, a hearing may be scheduled or the objection may be resolved through negotiations. For permits which do not require Governing Board approval, District staff prepares the permit which constitutes final agency action. Objectors may file a petition for hearing within 21 days of receipt of notice of final agency action. If no request for hearing is timely filed, the permit stands as issued by District staff.
Amended 1-1-07, 12-24-07, 12-30-08,_________.