8092921, 40D-2.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8092921

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.091	Publications and Forms Incorporated by Reference
40D-2.301	Conditions for Issuance of Permits
40D-2.801	Water Use Caution Areas

PURPOSE:

To amend Chapter 40D-2, F.A.C., and Part B, Basis of Review, of the Water Use Permit Information Manual to set forth the permitting criteria applicable to new and renewal water use permit applications and water use permittees that will be governed by the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan is encompassed within rule amendments to Chapter 40D-80, F.A.C. that are simultaneously with this rulemaking being proposed for adoption.

SUMMARY:

The proposed amendments revise the Conditions for Issuance of Permits, Part B, Basis of Review, of the Water Use Permit Information Manual, and the Northern Tampa Bay Water Use Caution Area (“NTBWUCA”) provisions to reflect the permitting criteria for wetlands, lakes, streams, springs, saltwater intrusion/aquifers levels and minimum flows and levels applicable to water withdrawals within the Northern Tampa Bay Water Use Caution Area through the year 2020 that will be governed by the Comprehensive Plan. The revised permitting criteria, together with all other permitting criteria, if satisfied, allows for the renewal of Tampa Bay Water’s Central System Facilities that are currently permitted pursuant to rules that will expire in December 2010. The Comprehensive Plan is encompassed within rule amendments to Chapter 40D-80, F.A.C., that are simultaneously with this rulemaking being proposed for adoption. The amendments also clarify the purpose for which a water use caution area is established.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171 FS.

LAW:

373.036, 373.0361, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.196, 373.1963, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.2295, 373.239, 373.243, 373.250 FS.

PRINT PUBLISH DATE:

12/31/2009 Vol. 35/52

COMMENTS:

From 12/31/2009 To 1/21/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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