Title: Notice of Proposed Rule 40D-1, 40D-4 and 40D-400
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 Material Information
Title: Notice of Proposed Rule 40D-1, 40D-4 and 40D-400
Alternate Title: SWFWMD. Notice of Proposed Rule 40D-1, 40D-4 and 40D-400, Eminent Domain
Physical Description: 14p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 12 ( SF MINIMUM FLOWS AND LEVELS, Volumes 1 and 2 ), Item 31
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052684
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text








NOTICE OF


PROPOSED RULE


40D-1, 40D-4 AND 40D-400


EMINENT DOMAIN






0 printed on
L~recycled paper









SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.:

Procedural 40D-1, F.A.C.

RULE TITLE: RULE NO.:

Application Procedures for Conceptual,

Individual and Standard General

Surface Water Permits and

Individual Water Use Permits 40D-1.603

Limiting Conditions 40D-1.6105

PURPOSE AND EFFECT: Entities with the power of eminent domain

sometimes need to obtain Environmental Resource Permits (ERPs)

prior to their obtaining ownership of property encompassed by the

project area described in an ERP application. Under such

circumstances an authorized representative of the entity signs the

permit application, which is submitted prior to the entity

acquiring ownership of the project area. Because the District's

current noticing procedure does not address this situation, the

actual owners of the property may not receive notice of the permit

application, or the District's action regarding the permit. The

purpose and effect of the rule amendments to 40D-1.603 is to

provide a noticing procedure for the actual property owners when an

entity with the power of eminent domain applies for an Individual

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or Standard General ERP. Under the procedure the District will

mail the property owners identified in the application both a

notice of receipt of application and a notice of agency action for

individual and standard general permit applications.

The rule amendments also address the limiting conditions contained

in Rule 40D-1.6105, F.A.C., by adding that permits can be issued

contingent upon the power to acquire property rights through

eminent domain.

SUMMARY: The rule amendments address the noticing procedure the

District will follow when an entity with the power of eminent

domain applies for an Individual or Standard General ERP. The rule

amendments also address the District's permitting procedures by

adding the power to acquire property through eminent domain as part

of the limiting conditions.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: A Statement of

Estimated Regulatory Cost is not being prepared based on the

District's determination that the proposed revisions to 40D-1.603

and 40D-1.6105, F.A.C., will not result in a substantial increase

in costs to affected parties and there will not be significant

adverse effects on competition, employment, investment or

productivity. Any person who wishes to provide information

regarding the statement of estimated regulatory costs, or to

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provide a proposal for a lower cost regulatory alternative must do

so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 120.53, 120.54, 120.60, 373.044, 373.113,

373.118, 373.149, 373.171 FS.

LAW IMPLEMENTED: 120.53(1), 120.54, 120.57, 120.60(2), (3),

373.085, 373.113, 373.116, 373.118, 373.171, 373.219, 373.229,

373.413, 373.416 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING

WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: 9 a.m., October 28, 1997

Place: Governing Board Room, District Headquarters, 2379 Broad

Street (U.S. Highway 41 South), Brooksville, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

Karen E. West, Assistant General Counsel, Office of General

Counsel, 2379 Broad Street, Brooksville, Florida 34609-6899, (352)

796-7211, extension 4651.

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.603 Application Procedures for Conceptual, Individual

and Standard General Surface Water Permits and Individual Water Use

Permits

(1) through (5) No change.



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(6) In addition to. and concurrent with the noticing required

pursuant to subsections (4) and (9) when the applicant is an

entity with the power of eminent domain that does not have current

ownership or control of the entire project area described in the

application, the District shall provide the property owners)

identified in the application:

(a) with a written notice of receipt of the application in

accordance with subsection (4) and

(b) with a written notice of the agency action on the

application in accordance with subsection (9). The owners of

property, not owned by the applicant, identified in the application

shall be those identified in the County Property Appraiser's

records thirty (30) days prior to the filing of the application.

(6) through (11) Renumbered (7) through (12).

Specific Authority 120.53, 120.54, 120.60, 373.044, 373.113,

373.118 FS. Law Implemented 120.53(1), 120.54, 120.57, 120.60(2),

(3), 373.113, 373.116, 373.118, 373.171, 373.229, 373.413 FS.

History New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-

96.

40D-1.6105 Limiting Conditions

(1) All permits issued pursuant to these Rules are contingent

upon the continued ownership, lease, or other legal control of

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property rights in underlying, overlying or adjacent lands, or the

power to acquire such property rights through eminent domain.

(2) and (3) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law

Implemented 373.085, 373.219, 373.413, 373.416 FS. History -

Readopted 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly

40D-0.381. Amended

NAME OF PERSON ORIGINATING THE PROPOSED RULE: Richard T. Tschantz,

Interim General Counsel, Office of General Counsel

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:

Governing Board of the Southwest Florida Water Management District

DATE PROPOSED RULE APPROVED: June 24, 1997

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 25,

1997

The Southwest Florida Water Management District does not

discriminate on the basis of any individual's disability status.

Anyone requiring reasonable accommodation as provided for in the

American's With Disabilities Act should contact Dianne Lee at

(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-

800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.:

Individual Environmental Resource Permits 40D-4, F.A.C.

RULE TITLE: RULE NO.:

Content of Application 40D-4.101

PURPOSE AND EFFECT: The District's current environmental resource

permitting rules require that the owner of property described in an

Environmental Resource Permit (ERP) application sign the permit

application. However, entities with the power of eminent domain

may need to obtain ERPs prior to their obtaining ownership of the

property encompassed by the project area described in an

application. The purpose and effect of the rule amendment is to

exempt entities with the power of eminent domain from the

requirement that the property owner sign the ERP application.

SUMMARY: The rule amendments address the District's rule

requirement that the owner of property described in an ERP

application sign the permit application when the applicant is an

entity with the power of eminent domain.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: A Statement of

Estimated Regulatory Cost is not being prepared based on the

District's determination that the proposed revisions to 40D-4.101,

F.A.C., will not result in a substantial increase in costs to

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affected parties and there will not be significant adverse effects

on competition, employment, investment or productivity. Any person

who wishes to provide information regarding the statement of

estimated regulatory costs, or to 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 FS.

LAW IMPLEMENTED: 373.042, 373.413 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING

WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: 9 a.m., October 28, 1997

Place: Governing Board Room, District Headquarters, 2379 Broad

Street (U.S. Highway 41 South), Brooksville, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

Karen E. West, Assistant General Counsel, Office of General

Counsel, 2379 Broad Street, Brooksville, Florida 34609-6899, (352)

796-7211, extension 4651.

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-4.101 Content of Application

(1) and (2) No change.

(3) Notwithstanding the provisions of subsection (2). persons

authorized by entities with the power of eminent domain may sigc

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the application in lieu of the owner when applying on behalf of the

entity and notice to the property owners) is provided pursuant to

40D-1.603 (6).

(3) through (5) Renumbered (4) through (6).

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law

Implemented 373.042, 373.413 FS. History Readopted 10-5-74,

Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-

84, 3-1-88, 10-3-95, 10-16-96.

NAME OF PERSON ORIGINATING THE PROPOSED RULE: Richard T. Tschantz,

Interim General Counsel, Office of General Counsel

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:

Governing Board of the Southwest Florida Water Management District

DATE PROPOSED RULE APPROVED: June 24, 1997

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 25,

1997

The Southwest Florida Water Management District does not

discriminate on the basis of any individual's disability status.

Anyone requiring reasonable accommodation as provided for in the

American's With Disabilities Act should contact Dianne Lee at

(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-

800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.:

Environmental Resource Permits 40D-400, F.A.C.

RULE TITLE: RULE NO.:

Processing Procedures for

Noticed General Permits 40D-400.211

PURPOSE AND EFFECT: Entities with the power of eminent domain may

need to obtain Environmental Resource Permits (ERPs) prior to their

obtaining ownership of property encompassed by the project area

described in an ERP application. Under such circumstances an

authorized representative signs the permit application, which is

submitted prior to the entity acquiring ownership of the project

area. Because the District's current processing procedure for

Noticed General ERPs does not address this situation, the actual

owners of the land may not receive notice of the permit

application, or the District's action regarding the permit. The

purpose and effect of the rule amendment is to provide a noticing

procedure for the actual property owners when an entity with the

power of eminent domain submits an application for a Noticed

General ERP. For these Noticed General ERP applications, the

District will mail notice to the property owners identified in the



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application within three days of its receipt of the permit application.

SUMMARY: The rule amendment addresses the noticing procedure that

the District will follow when an entity with the power of eminent

domain applies for a Noticed General ERP.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: A Statement of

Estimated Regulatory Cost is not being prepared based on the

District's determination that the proposed revisions to

40D-400.211, F.A.C., will not result in a substantial increase in

costs to affected parties and there will not be significant adverse

effects on competition, employment, investment or productivity.

Any person who wishes to provide information regarding the

statement of estimated regulatory costs, or to 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, F.S.

LAW IMPLEMENTED: 373.118, 373.413, 373.414, 373.416, 373.426, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING

WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: 9 a.m., October 28, 1997

Place: Governing Board Room, District Headquarters, 2379 Broad

Street (U.S. Highway 41 South), Brooksville, Florida.



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THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

Karen E. West, Assistant General Counsel, Office of General

Counsel, 2379 Broad Street, Brooksville, Florida 34609-6899, (352)

796-7211, extension 4651.

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-400.211 Processing Procedures for Noticed General

Permits

(1) No change.

(2) Any person wishing to construct, operate, maintain,

alter, abandon, or remove a surface water management system

pursuant to a noticed general permit set forth in this chapter

shall provide notice to the District by submitting an Application

including the appropriate application fee as required in Chapter

40D-1, F.A.C., to the District at least 30 days prior to

undertaking construction, operation, maintenance, alteration,

abandonment, or removal of the system. For the purposes of this

subsection, and subsection (3) the application form is only

considered submitted when it is actually received by the District.

L3) When the applicant is an entity with the power of eminent

domain that does not have current ownership or control of the

entire project area described in the application, within three days

of receipt of an application the District shall mail to the

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property owners) identified in the application a written notice of

receipt of the application in accordance with 40D-1.603(4) and (9).

The owners of property, not owned by the applicant, identified in

the application shall be those identified in the County Property

Appraiser's records thirty (30) days prior to the filing of the

application.

(3) through (7) Renumbered (4) through (8).

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented

373.118, 373.413, 373.414, 373.416, 373.426, F.S. History--New:

10-3-95. Amended.

NAME OF PERSON ORIGINATING THE PROPOSED RULE: Richard T. Tschantz,

Interim General Counsel, Office of General Counsel

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:

Governing Board of the Southwest Florida Water Management District

DATE PROPOSED RULE APPROVED: June 24, 1997

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 25,

1997

The Southwest Florida Water Management District does not

discriminate on the basis of any individual's disability status.

Anyone requiring reasonable accommodation as provided for in the

American's With Disabilities Act should contact Dianne Lee at



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(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-


800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.

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