Title: Letter from DER re third workshop on the standardization of rules
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 Material Information
Title: Letter from DER re third workshop on the standardization of rules
Alternate Title: Letter from DER to SWFWMD re third workshop on the standardization of rules was conducted in Tallahassee on February 18, 1977 and will be discussed at the next meeting to be held on March 24 in Tallahassee
Physical Description: 10p.
Language: English
Publication Date: March 3,1977
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 54
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052788
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.

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i


A STATE OF FLORIDA
0 DEPARTMENT OF ENVIRONMENTAL REGULATION
0.,.. 2562 EXECUTIVE CENTER CIRCLE, EAST
MONTGOMERY BUILDING
TALLAHASSEE, FLORIDA 32301
REUBIN O'D. ASKEW JOSEPH W. LANDERS, JR.
GOVERNOR SECRETARY

March 3, 1977 ,


Mr. Donald R. Feaster
Executive Director
"Southwest Florida Water
Management District
P. O. Box 457
Brooksville, Florida 33512

Dear Don:

On February 18, 1977, the third workshop on the standardization of rule-^
was conducted in Tallahassee. A list of those in attendance is attached.
At the workshop the general outline for the sequence of parts was reviewed
and sace minor changes were made. Attached is a copy of the general out-
line as revised on February 18, 1977.

The main purpose of the workshop was to develop a standard procedural rule.
It was decided that this could not be accanplished in total and time at this
Workshop would be best used in developing headings, with the words to be
filled in after agreement to the headings. The model rule, Chapter 17-1,
F.A.C., and material supplied by John Wheeler of the SFWMD were used to
Develop headings for a standardized procedural rule. Attached, is the first
draft of the general headings for the procedural rule. This is to be re-
S\ viewed by all participants and written comments submitted on or before
March 21. The standardized procedural rule w.ll be discussed at the nex
r standardization meeting to B eld on March 24, at 10:00 ajm. in Tallahassee.

Also discussed at the workshop was the renumbering of MD rules to chapter
number 17. There was no consensus on this matter. Some'of the WMD repre-
sentatives preferred each WMD to have their own chapter numbers or a
separate chapter number for all WMD. Sane expressed no preference. DER
representatives felt MD' s should be in Chapter 17 ,Since. the department
exercises general supervisory authority over the WMD and renumbering 'in thi ;
manner would stress consolidated regulatory efforts. In the absence of
any agreement, DER has requested the Secretary of State to renumber" all
WMD rules using the DER control number -17 (see attached February 24 letter).









Printed on 100% Recycled Paper







Mr. Donald R. Feaster
Page Two
March 3, 1977


Please retain the attached material for use at the March 24 workshop. If you
have any ccmments on this summary or the attached material, please contact me.
Sincerely,



les B. Littlejohn, Chief
Bureau of Water Resources
Management

CBL:shs

cc: John Bottcher
Scott Hoffman
Rip Caleen
Vicki Tschinkel
Bill White
John Wheeler
Michael D. Young
Jack Merriam
Buddy Blain
Jim Stidham
Jay T. Ahern
Herb Webb
Diane Hunt









STANDARDIZATION WORKSHOP
February 18, 1977


NAME AGENCY


Scott Hoffman DER-BWRM

Rip Caleen DER-General Counsel

Vicki Tschinkel DER-Secretary's Office

Bill White DER-Office of General Counsel

SJohn Wheeler SFWMD

SMichael D Young SJRWMD

Jack Merriam SJRWMD

Buddy Blain SWFWMD

Jim Stidham NWFWMD

Jay T.. hern SWFWMD

Herb Webb SJRWMD

C. Littlejohn DER-BWRM

Diane Hunt DER-BWRM











**







"'1 february 18, 1977 /.


SEQUENCE OF CHAPTERS


Chapter 0 General


Chapter 1 Procedural


Chapter 2. Consumptive Use of Water


Chapter 3 Well Construction


Chapter 4 Management and Storage of Water


Chapter 5 Artificial Recharge

*
Chapter 6 Works of District


Chapter 7 Property Acquisition and Disposal


Chapter 8 (Reserved for Local)


Chapter 9 (Open)









0








Februaryy 18, 1977



SECTION HEADINGS
Chapter 0


.001 Description of Organization



.002 Delegations of Authority



.003 Interagency Agreements



.01 Policy and Purpose



.02 Definitions



_ .03 Implementation



.06 Basins



S07 Meetings and Workshops



.08 Agendas and Notices



.39 Bonds



.60-. 64 Minimum Rate of Flows and Levels


.65-. 69 Saltwater Barrier Line


.80-.89 Reserved for Local


.90 Forms and Instructions








February 18, 1977 3.


SECTION HEADINGS (cont'd)
Chapter 1



Draft format developed by DER (to be reviewed by January 31).







February 18, 1977

SECTION HEADINGS (cont' d)
Chapters 2, 3, 4, 5, 6, 7


.01 Policy and Purpose



.02 Definitions



.03 Implementation



.04 Permits Required



.05 Exemptions



.06-.09 (Open/Reserved for Local)



.10 Content of Application



.11 Notice of Application Form



.12 Notice and Hearing Requirements



.13 Times for Receiving Objections and for Hearings



.20 Permit Processing Fee



.30 Conditions for Issuance of Permits



.31 Competing Applications



,32 Duration of Permit







"" ruary 18, 1977 5t


SECTION HEADINGS (cont'd)
Chapters 2, 3, 4, 5, 6, 7


.33 Modification of Permits


.34 Revocation of Permits


.35 Transfer of Permits


.36 Renewal of Permits


.37 Reapplying for Permits


.38 Limiting Conditions


.39 Bonds


.40 Identification Tags


.41 Completion Report


.45 Emergency Authorization


.46 Inspection


.47 Abatement

I
.48 Remedial and Emergency Measures


.49 Unlawful Use







2bruary 18, 1977


SECTION HEADINGS (cont'd)
Chapters 2, 3, 4, 5, 6, 7


.50 Permit Classification



.51 Declaration of Water Shortage



.52 Change, Suspension, or Restriction of Permits During
Water Shortage



.53 Procedures Under Water Shortage



.54 Declaration of Emergency Due to Water Shortage



.55 Procedures Under Emergency Due to Water. Shortage



. 60-.64 Minimum rates of flow and levels



.65-69 Saltwater Barrier Line



.70 Constructions Standards



.75 (Open)



.80-.89 (Reserved for Local)



.90 Forms and Instructions








SUGGESTED HEADINGS FOR STANDARD PROCEDURAL RULE


A. Rule Making Proceedings

1. Commencement of Proceedings
2. Notice of proceeding and proposed rule
3. Context of notices
4. Petition to instruct rule make proceedings
5. Agency action on petition
6. Rules effective prior to 1/1/75
7. Rule making proceeding hearings
8. Description of publication by reference
9. Emergency rule hearing
10. Economic impact statement

B. Declaratory Statements

1. General
2. Purpose and Use
3. Agnecy disposition
4. Filing and indexing

C. Decisions Determine Substantial Interests

1. General
2. Parties
3. Appearances
4. Consolidation
5. Joinder of Parties
6. Disqualifications
7. Conference

a. Pre-hearing conference
b. Rule proceeding under 120.57
c. Requests for formal and informal proceedings

8. Formal Proceedings

a. Amendment of petition
b. Formal proceedings
c. Continuance of hearing or extension of item
d. Subpoena
e. Witness Fees
f. Transcript
g. Recommendation and order of the court
h. Order of presentation
i. Pleadings

9. Informal proceedings

a. Informal proceedings
b. Submission of evidence

10. Order

a. Final order

11. Request for hearing





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