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: The rulemaking is intended to add reporting forms to the list of District forms that will be used in related rulemaking for Chapter 40D-2, F.A.C. Simultaneously with this rulemaking the District is amending Chapter 40D-2, Water Use Permits, F.A.C., to include additional conservation standards and reporting for water use permittees and applicants.
SUMMARY: The proposed amendments will add forms to the District’s list of forms. The three forms being added to the list are to be used by Public Supply permittees to report information required, or proposed to be required by Chapter 40D-2, Water Use Permits, F.A.C. Two of forms will be used by Public Supply permittees to annually report required water demand and water conservation information to the District. Those two forms are titled “Public Supply Annual Report For General and Individual Permits, Form No. LEG-R.023.00 (09/09)” and “Public Supply Annual Report For General Water Use Permits Less Than 100,000 Gpd, Form No. Leg-R.047.00 (09/09)”. Another form, titled “SWFWMD Annual Reclaimed Water Supplier Report, Form No. LEG-R.026.00 (09/09)” will be used by Public Supply permittees to report the generation and distribution of reclaimed water.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rule seeks to add reporting forms to the list of District forms for proposed rules that are to be adopted simultaneously in Chapter 40D-2, F.A.C. The proposed Chapter 40D-2, F.A.C., rules require use of the forms as part of the effort to standardize conservation and reporting requirements Districtwide and, in some cases, to enhance the water conserving effect of existing provisions through more specific activity and reporting requirements and affects all water use permit types (agriculture, public supply, industrial/commercial, mining/dewatering and recreation/ aesthetic). The additional annual implementation and enforcement labor costs to the District are estimated to be $82,000. Nonetheless, it will not require an additional position in any particular department. To the extent that the proposed rule induces water conservation by their customers, water and sewer utilities owned by local governments may experience a decrease in volume related water revenue. Those permittees that have judiciously implemented water conservation measures in the past will experience the least amount of demand reduction. The transactional costs associated with this proposed rule are expected to be partially or fully offset by the avoided costs associated with obtaining water from traditional and alternative water sources. There may be other benefits associated with the conservation activities that are specific to each permittee or applicant, including increased operational efficiency and lower energy costs. To reduce rule compliance costs, small general permittees, which may be small businesses, are exempt from many analysis and reporting requirements in the proposed rule.
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: Annette Zielinski, Sr. Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651

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’s website at www.watermatters.org or from the District offices.

(1) GROUNDWATER

(a) through (gg) No change.

(hh) PUBLIC SUPPLY ANNUAL REPORT FOR GENERAL AND INDIVIDUAL PERMITS, FORM NO. LEG-R.023.00 (09/09), incorporated by reference in paragraph 40D-2.091(2)(h), F.A.C.

(ii) SWFWMD ANNUAL RECLAIMED WATER SUPPLIER REPORT, FORM NO. LEG-R.026.00 (09/09), incorporated by reference in paragraph 40D-2.091(2)(i), F.A.C.

(jj) PUBLIC SUPPLY ANNUAL REPORT FOR GENERAL WATER USE PERMITS LESS THAN 100,000 GPD, FORM NO. LEG-R.047.00 (09/09), incorporated by reference in paragraph 40D-2.091(2)(j), F.A.C.

(2) through (3) No change.

Rulemaking 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, 7-1-09, 8-30-09, 9-1-09, 10-26-09,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Bobby Lue, Brooksville Regulation Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 16, 2009