14544003, 40E-1.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14544003

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

GENERAL AND PROCEDURAL

Overview

RULE:

40E-1.021	Definitions
40E-1.602	Permits Required
40E-1.603	Application Procedures for Processing Permit Applications or Notices of Intent
40E-1.6065	Consideration of Intended Agency Decision on Permit Applications
40E-1.607	Permit Application Processing Fees
40E-1.6107	Transfer of Surface Water Management, or Water Use, or Wetland Resource Permit
40E-1.615	Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern
40E-1.659	Forms and Instructions (Repealed)

PURPOSE:

The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules as part of the Florida Department of Environmental Protection's statewide effort  to improve consistency among the water management districts (referred to as CUP Consistency or CUPCon). This re-initiation of rule development will cure discrepancies between the versions of rules that were published on December 10, 2013, and acted on by the Governing Board on February 13, 2014, as well as correct some inadvertent text inaccuracies.  There are no substantive changes to the rule text as adopted by the Governing Board in February 2014.

SUMMARY:

Amendments to this chapter include: 1) updating rule references and deleting rules proposed for repeal; 2) clarifying when agency action shall occur for specific types of permit applications and the procedure for notifying applicants when projects do not qualify for noticed general water use permits; 3) clarifying types of permits and recommendations to be considered by the Governing Board; 4) replacing old forms with new ones; 5) reformatting the fee table so that it is easier to read; 6) conforming the permit types to those proposed in Rule 40E-2.071, F.A.C.; and 7) incentivizing the online submissions of applications for Noticed General Permits by reducing the application fee.

RULEMAKING AUTHORITY:

218.075, 373.044, 373.109, 373.113, 373.416, 373.4131, 373.4135, 373.4136, 373.421(2), 373.421(6)(b), 695.03, 704.06, F.S.

LAW:

120.60, 218.075, 373.079, 373.083, 373.106, 373.107, 373.109, 373.113, 373.116, 373.171, 373.229, 373.309, 373.4131, 373.4135, 373.4136, 373.4141, 373.416, 373.417, 373.421(2), 373.421(6)(b), 373.422, 373.426, 373.429, 373.436, 380.051, 403.201, 668.003, 668.004, 668.50, 704.06, F.S.

PRINT PUBLISH DATE:

5/23/2014 Vol. 40/101

COMMENTS:

From 5/23/2014 To 6/13/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-02753 Form No. 0483 Request for Surface Water Management, Water Use or Wetland Resource Permit Transfer

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