Title: Governing Board Meeting: Sept 27, 1994
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00002306/00001
 Material Information
Title: Governing Board Meeting: Sept 27, 1994
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Governing Board Meeting: Sept 27, 1994, Rulemaking
General Note: Box 10, Folder 14 ( SF-Water Use Caution Areas-SWFWMD - 1993-1994 ), Item 21
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002306
Volume ID: VID00001
Source Institution: Levin College of Law, 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
1. LJ -.. ,1u LI-

6tP'- U Co e -
6U3 CA
Governing Board Meeting
September 27, 1994

RULEMAKING

DISCUSSION ITEM


1. Chapter 40D-2. Florida Administrative Code Southern Water Use Caution Area Rules -
Discussion of Changes Proposed by the Public at the Governing Board Workshop on
September 19. 1994

The Governing Board will hold a workshop on September 19, 1994, to provide the public
with the opportunity to present proposed changes to the revisions to Chapter 40D-2, Florida
Administrative Code. Staff will discuss its response to as many of the proposals as
appropriate at the September Governing Board meeting. All other proposed changes will be
discussed at the October 31, 1994, Governing Board adoption hearing.

Staff Recommendation:

This item is presented for the Board's information, and no action is required; however,
guidance from the Board on each of the proposed changes discussed is requested.

Presenters: Kenneth A. Weber, Chief Regulatory Geologist, Technical Services Dept.
Karen A. Lloyd, Senior Attorney, Office of General Counsel









Governing Board Meeting
September 28, 1994

RULEMAKING

DISCUSSION ITEM


2. Workshop and Approval Continued Public Hearing and Approval on Chapters 40D-4. 40
45. and 400. Florida Administrative Code Environmental Resource Pernit Rlemaking

During the August meeting, the Governing Board approved amendments to the proposed
Environmental Resource Permitting rules which are contained within Chapters 40D-4, 40D-
40, 40D-45, 40D-400, Florida Administrative Code, and the Basis of Review. These
amendments completed the documents for District staff to rely upon during the upcoming
administrative hearing on the consolidated rule challenge.

During the past month, the District has conducted discovery and prepared for the
administrative hearing which will begin September 26, 1994. It is staffs position that during
the time ofthe hearing as wel as awaiting the hearing officer's order, that these rules need to
be continued on the record for at a minimum a status report and also for any further
amendments either to resolve the litigation or in response to direction from the hearing officer.
Therefore, at this time, no action is required.

Staff Recommendation:

Resume public hearing for status of proposed rules and pending rule challenge. No action is
expected at this time; however, if action is required, staff will make a recommendation at this
time.

Presenter: A. Wayne Alfieri, Senior Supervising Attorney, Office of General Counsel


III




_ I.- A


0


0


RULEMAKING UPDATE
September 1994





I. PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS
AUTHORIZED INITIATION OF RULEMAKING


E I X ZATB ACIOf l KcTrD
a_________________ ______ ___________RM. ATE
1. Miscellaneous Revisions and May 1992 Board Workshop January 1995
Inter-District Consistency November 1994
(Ch. 40D-1)
2. Revisions to incorporate January None-Expedited Rule N/A
statutory notice requirements 1993 Pending Effective
(Ch. 40D-1) Date of 40D-1 ERP
Challenge
3. Amendments to implement January To Board for N/A
Environmental Resource 1994 Expedited Rule
Permitting (Ch. 40D-1) (original) Initiation -
_eptember 1994
4. Revisions to Water Use Permit May 1994 Regulation Committee TBA 1994
Fees (Ch. 40D-1) September 1994
5. Southern Water Use Caution March 1994 Board Workshops October 31,
Area rule amendments Conceptual September 19 and 27, 1994
(Ch. 40D-2)__ 1994
6. JAPC objection to waivers in March 1994 To be addressed in October 31,
Phase I miscellaneous water conjunction with 1994
use permit amendments Southern Water Use
(Ch. 40D-2) Caution Area
rulemaking


1 of 3




- --. ,,~~ LLL~~ L *~L Cl-in- -i--- -I--I-~C I~---Cr*I--I


NM SCTIEDUED
ACTION


__ __ __ __ __ __ __ __ __ __ __ __ L I. ..


7. Revisions to water use
permitting rules,
(Ch. 40D-2), second and
subsequent phases,
including:
a) Modifying pumpage
reporting/compliance
standards to clarify
compliance period
b) Requiring tracts using
common irrigation system to
be encompassed by single
permit
(c) Requiring tracts within a
crop rotation scheme to be
encompassed by a single
permit
(d) Allowing quantity
replacement if reuse source
is lost
(e) Defining limitations on
public supply rotational
quantities
(f) Clarifying mine-
dewatering monitoring
requirements
(g) Clarifying PSC exemption/
approval requirement
(h) Establishing criteria for
permitting pasture irrigation
(i) Establishing criteria for
withdrawals from saline-water
sources
(j) Requiring the metering of
withdrawals be continued once
required, if permit drops
below metering threshold
(k) Staggering permit
duration to evenly distribute
renewal dates


May 1992
(All)


To be addressed in
conjunction with
Southern Water Use
Caution Area
rulemaking


PROJECTED
BROALRDT
APPROYA DATm


October 31,
1994


8. Amend Well Completion Report May 1994 None-expedited rule N/A
Form (Ch. 40D-3) Effective September
19,94

9. Comprehensive revision of September TBA TBA 1995,
MSSW rules to provide for 1990 and Following
interdistrict consistency and March 1991 Resolution of
improved review processes ERP Rule
(Ch. 40D-4) Challenge

10. Revisions to create new MSSW July 1992 Public Workshop TBA 1995
Site Condition Assessment and November 1994
and Phased Construction September
permits, and revise 1992
Conceptual Permits
(Ch. 40D-4)
11. Incorporate Additional Waters January Begin DOAH Hearing N/A
and Wetland Criteria pursuant 1994 September 26, 1994
to 373.414 and permit
streamlining (ERP)
(Ch. 40D-4)


2 of 3


a


RULE.


a


I. I


zummox~O~
DAtE~


uiu~


- --r -7 -- --i-F-- 7




1. 1 A J i I I


INITZATIOM
DAT.


NEXT SCHEDULE
ACTION


PROJECTED .
BO&RD.
APROMVL DATE


12. Incorporation of secondary September To be addressed in N/A
and cumulative impact review 1992 conjunction with
criteria into District MSSW Additional Waters and
rules (Ch. 40D-4) Wetland Criteria
required by 1993
permit streamlining
legislation
13. Adopt Notice Form and amend February None-expedited rule N/A
Completion Statement Form 1994 Effective TBA
(Ch. 40D-4) (Pending resolution
of ERP challenges)
14. Revise Processing Procedure December None-expedited rule N/A
for General Permits 1993 Effective TBA
Associated with Wetland (Pending resolution
Resource Permits (Ch. 40D-4) of ERP challenges)
15. JAPC comments to mitigation April TBA Adoption
banking rules (Ch. 40D-4) 1994 Pending
Resolution of
ERP Challenge

16. Adopt rules regarding April TBA December
agricultural exemption 1994 1994;
(Ch. 40D-4) Adoption May
be Delayed
Pending
Resolution of
ERP
Challenges

17. Amend Application Form to August None-expedited rule N/A
add As-Built Owner 1993 Effective TBA
Acknowledgement Form (Pending resolution
of ERP challenge and
JAPC concerns)


II. PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS NOT
YET AUTHORIZED INITIATION OF RULEMAKING



RULE STAFF gCOMEDaTION.

1. JAPC objections regarding Governing Board authorize initiation of
incorporation of Civil Rules of rulemaking, following resolution of
Procedures (Ch. 40D-1) District Court of Appeal cases.
2. Adopt rules* as required by 1993
permit streamlining legislation
addressing the following issues:
------------------------------------------ ------------------------------------------
a. Criteria used in granting Complete inter-district and DEP work group
requests by local governments deliberations; incorporate rule by
for delegation of MSSW programs reference following DEP adoption
(Ch. 40D-4)


*Rulemaking on these
of DEP and the WMDs.
\ conjunction with the


issues is being coordinated and controlled by a work group consisting
Southwest Florida Water Management District must proceed in
work group and not independently.


\recaps\update.aug


3 of 3


-i


RULE.




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs