Title: Proposed Revisions to 40D-8 amd 40D-80
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Permanent Link: http://ufdc.ufl.edu/WL00004777/00001
 Material Information
Title: Proposed Revisions to 40D-8 amd 40D-80
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Proposed Revisions to 40D-8 amd 40D-80 (JDV Box 39)
General Note: Box 29, Folder 3 ( Water Supply Funding & Development - 1997 ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004777
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
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TO: Chiuk Littleinhn

To: Butch Calhoun

To: Terry Pride

To: Chuck Aller

To:

To:

To:


NUMBER OF PAGES (including

FROM: Janet Llewell


i
OFFICE:

PHONE #: ____..___

IF ANY PAGES ARE NOT CLEARLY I
ABOVE.

COMENTS: Attached
and 40D-8


Fax #:


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are th4 proposed revisions to 40D-8


0 that we discussed on Aug. 20.


The Department 1ill be formally transmitting


these to SMFWMD sho tly.
"Proteca. Conserve and Manage Floida's Erivironnient and Natural Resourccs'
Printed on rcyclei paper.


COSYSTEM MANS.EMENT Fax :54-922-53 Rug 21 '97 22:44

Depar ment of

Environmental Protection

Marjory Stoneman Couglas Building d
on Chiles 3900:Comnoriwealth Boulevard f
vernor Talla lassee. Floridi 32399.3000



DEP FAX TANSMITTAL FOR I

PHONE: 904-488-0784 .
SUNCOM: 278-0784 I DATE: '"
FAX: 904-922-5380

To: Jake Varn Fax #: 850/222-8410 Phone#:


FjLs


4 0 %







Come Ats oAn ugit 9 1Draft of


I
Pee S-1, lIhe 22-24.40C-8.011

Cozrmment:
This actionn is intended to convey the police and so ofthe rule. The intent of 40D
8.011(2) appears to be to convey some of their on related to M[L stabliahment
contained in the statute, however it i worded from the statute. For example,
the statute provides that minimum wsa le arto be the flow or level where
additional withdrawals would cae Siifs nt hi the water resource. Thi
par.aaph, as proposed, states that nimum Fl w,. ad Levels ...may include a schedule
of variations and other measures appropriate for the protection of .......the water
resources."

recommendation:
As this pararaph merely intends to nve statutory rovisions, Delete 40D-8.011(2) and
remember accordingly.

Page 8-2, lines 4346, 40D-8.021 (7A)

Comment:
The use of the term "Recovery Flow or oLve" m- ding as it implies that &Ill recovery
to the watet resources will be achieved if the o or levell is achieved. (It is noted that the
rule provides that these definitions are appcalf to ALL the District's rules, so that this
uiLtion also applies to 40D-80).

RecUmendation:
Delea this definition, and in its place add a dution ofnterim Flow or Level" that
reads as follows: i

"Interim Flow or Level" a flq* or level b low khe Minimum Flow or Level
that is used as a provisional level toward Atat attainment of the Minimum
Flow or Level, as part of the District's recovery strategy set forth in Chapter
40D-80, F.A.C." -

NOTE : The tenn "Recovery Flow or Lold be replaced with the term "Interim.
Flow or Level" throughout 40D-80 Crr the term "Recovery Quantities"
should be replaced with the term i throughout 40D-80 (Seecomments
on 40D-80).





1I
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..,. .^---' ^ HU9 21 '97 22.4,.^



Pate 8-2. liner 47-48 40D-8.021(8)

Comments j i
This denition of water resources api~ ae Ie i or asive than previous
interpretations established in rule ora w. ue in this definition, "natural systems"
would have a much broader connotation ti thdeaition ofthis term used in the Water
Resources Implementation Rule (prey s the St Water Policy Rule), Rule 62-
40, .A.C.

ecominmeadttion: :
We recoamend that you delete this dniti. iit that a definition of naturall
systems" is essential we recommend ihat you the fion i section 62-40.210(16).

P. g 9o-3. lines 27-3140D-s.031(1)
I I
Comment:
The lanage in this paragraph ap s to and could be construed to mean
that the ru1l provisions that shoud app the provision that were in effect on
May 2, 1978. !

RecommeAdation: .
Review this provision, particularly the refens y 2, 1978", to determine if it s still
meaningful or applicable. Delete, or revise for crication, as appropriate.

?ate 8-4, lIes 13-28. 40P-8.031fA

Comment: '
We continue to be concerned that t1sectio4 nt accurately reflect the new
statutory provisions in Sec. 373.042(I)), E language does not appear to clarir
the statute, and may create unnecessary c n d controversy.

Recommendation:
Revise as follows:
SI J I
"(4) The Gvernig Board shall e lih and Levels pursuant to Sections
373.042 and 373.0421, F.S. Nonconsumtive .t the board shall consider include
recreation, navigation or aesthetic and sc ai supported by the water body."

Pa2e 8-4. line 29 through Page 8-.0 Ing 2.4 .031 (M

Comments:
This section could be construed to an t t can not take any action to reduce
harm until .a recovery strategy is in e.


i I
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Recommendation:
Revise as follows:

"(5) In areaswhere the existing flow or lev5 ls blow ae established minimum Flow or
Level: I
(a) Additional withdrawal quati es may b alley only as provided for in the
District's recovery strategy I
(b) Exi ting pemnits with withdawaor contriute to the existing olow
orlevel being below the ls im Fm v or vel hall not be revoked
automatically. Existing pesnittees will uetoet to the applicable recovery
strategy developed pursuant to C 37 .0421(2), .S.
(c) Pursuant to 373.042(2), F.S the 1 expeditiously implement a
recovery strategy with the ent 'to a v rcovy to the established Minimum
Flow or Level as soon as prctica.le. portion ofthe recovery strategy
containing criteria that mu be mt by e and applicants under Chapter
40D-2, F.A.C. shall be contmJned Coia C ter 40D-80, F..C. The entire
recovery strategy shall be 'tined in Dstrict' applicable Regional Water
Supply Plan for the area, athe i t 's tManagement Plan.

Pa e -5. lines 3-6. 40D-8.031(6)

Comment:
In areas where the flow or level.is trend ab te minium tflow orlevelthe
Governing Board may wish to rta he flib to allow a temporary lowering below
the minimum flow or level when i i ia par of a recovery or prevention plan.
Without thi flexibility, this provision could resu id the permits having to be denied in the
portions of the Northern Tampa Bay area that i n above the minimum lovel,
while permits could be issued in areas belo emidn level if consistent with the
recovery plan.

Recommendation:
Revise as follows:
i
"(6) Where the existing flow or level is above t e. FnmumFlow or Level, permits shall
not be granted that would cause the aca flo or level to fat below the. Mnimu
Flow:or Level individually or C'Wum tiv) wih other permitted withdrawals on a
Lon-term average basis unlesi:otherwise provided for in a recovery or prevention
strategy developed pursuant t6 Ch. 3730. 21(2), F.S.

Page S-5. lines 14-18, 40D-.0331(8 ,

Comment i j
The last sentence of this section rerq' that'al the conditions for issuance in 40D-2.301
and 40D-4.301 be met for issuancesfa lenijres ve of a permittee'
demonstration of compliance with t require rents If 40D-8 and a recovery strategy in


~U-r LI '?i





ECOSYS- :M MNf-:, NT Fax:904-b22-


Recommendation:
Delete the last sentence so that the ationr

"(8) Establishment of a Minimum w orL hl
determination by the Govoerin th any i
M~nnim Flow or Level is av ae or a i
example, the Ditrict may by regulation or ird
necessary pursuant to Section 3,73.22(3) '.S.

Page 85. line 24 1

Comment:
The title is incorrect.

Recommendation:
Revise to read:

"40D-8.041 Minimum Flows."

Pa-e 8*-10, !ies 31-40 40D-S.624
I .


comment:
This paragraph appears to be background ibfosn
text.

Recommendation:
Delete these lines.


I


t


not be deemed to be a
uantity above the established
n to consumptive uses For
reserve such quantities as it deems













that does not need to be in the rule
... .c


40D-80. These criteria for issuance i* ud, a r that the applicant demostrat
that the proposed withdrawal is not twmfi1 tb;i w resources. In areas where the
testing flow or level is below then imuii or thi it will not be met.
This would result in renewals or ewpeCmI.igdeed, even when the withdrawal is
consistent ith the recoverystrater,. Th i to the provisions of Ch.
373.0421(2, F.S,, which provides fthe ofa recovery strategy that
includes posing or a timetable flr of dFL. We believe that it was the
legislature'sintent that permits be issued o reanwed in areas where the level was
below the L as long as the is of peiit s consistent with the Distdct's
recovery strategy.


i

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J
i


Idd~~





Fax:904-922-53 Auci 21 'S7


4


Comments on Augut 8, 1997 Draft of
4OD- 0, LC
I I
I I


Comment:
The use of the terms "'Recovey Levl and" gezQuantities" is miurldinpg it
impliea that achievement of these levsI or the quantities wil result in full
recovery. .

IRecoi.smenat.on:
Replace these terms with "Interim Lvel" ft :Quuantite" throughout the rule.

gaze 80-3. ine8 i

Comment:
The use of the term "Environmental alanin co g as this term huas long been
used in environmental regulation to ef to a of natural system valie with
other factors. This is not consistent ith the nt ed nin in this section

ILcommendation:




..stated r tr are wanted. the t Uer be rlceo w "tinrme reovay s ".
Pa g 80-4, 1!nes 38S-39

Comment:
This sentence has an extra word inadvertently sle
I
Recommendation:
Revise as shown:

"..stated above, are warranted. ThetDistrict evaluate the water resource recovery
attained. in 'light of the reductions in quantities ti dwn.~.eleved-based oan:" .

1 ae 80-4.I!.'ls 1 and 1 2

Comment:; i ,
As discussed above, the term "environm tal ba an activities" is confusing.

Recommendation:
Replace with activities to optimiz wat reso mit.

Page 80-4.1ines 6-6.40D- i
I


,, .f,.


ZSZSYSTEM MA~if;ir;,~NT


33:6~




rCsY$-iM jj.Fa 49 -


Comment:
The term "rndication activities" as d this a s still unclear. Is the intent
that the Central System water use r iti be a t aticaly modified by the ndo to
reflect the quantity reductions as of arch 199 some affirmative action need
to be taken by the permitted or the Dstict yth

Recommendation:
Rovise to cify what is meant by difi n and what acioneed to be
taken by March 1, 1998. I

Page 80-4, l nes 3S-40

Comment:

This provision is unclear. Since the re d sh eis s o, is this the same as saying that
ALL existing permittees in an area t is t wew ciLevel" will be
considered o pact the level? If i th to sti h between those whose
drawdown effects can be detected though caution and those that can not?

Recommeadatlon:
If the above reflects the intent, revis to read:

" ...the flow or level during the pro' sed p iterm For purposes of this Chapter, in
areas where the existing level is below the L d, r withdrawl is deemed to
impact an Interim Level when it is :alcu to ave a drawdown effect of greater than
0.0 feet upon a recovery level. W ira wh down effect can not be detected
through calculation shall not be coniderr to U act the Interim Level."
I
ae 80-4, line 45 j,

Comment:
In evaluatigthe permitted's responiblityto i W e'' nt measures to reduce impacts, the
District may wish to consider new w iter U.pp. l it'are anticipated to come on line.

Recommendation: i -
Add the following and renumber ac ordiy: I

"2. The potential for development 4f addtionalwa4 supplies that would offset the
impact on the Interim Level."


SI
i
: i



6'


Fax:904-922-53


MH" 21 '93 22.4,


I --I --
















Date:


Send To:


Firm:


Telecopier No:

Confirmation No:


STEEL HECTOR & DAVIS LLP
215 South Monroe, Suite 601
Tallahassee, Florida 32301-1804
(904) 222-2300
Telecopier Cover Sheet
Confirmation #(904) 222-2300

August 22, 1997

DIANNA (SONNY VERGARA'S OFFICE)

SWFWM

352/754-6874
352/796-7211
Total Pages Including Cover Sheet: 7


Letter Size


Originator: Jake Varn


Legal Size

Ext 904-222- 2300


Special Messages: 9 0u tf Aw 'n"tE -e t oso s PDrAt eO -A4> A
\Mooak 6W11P riTVA Dttes< RA. fWT U4 AS4a Ai> oTtUQ. 14tZSQ v(tS(6 Muf 0D KJMIIAA19 -MC
(eL %wwov 11iWMA A^I4 f Pox Pn#itw wM"I> LUir4 ftuit orlf.


The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If
the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please notify us immediately by telephone collect and return the original message to us at the above
address via the U.S. Postal Service. We will reimburse you for postage. Thank you.


Original Mailed

Original sent Overnight Courier


Original Held in File


52W/lm /


Client Code: SWFWM


MIAMI: FAX (305) 577-7001

WEST PALM BEACH: FAX (561) 655-1509


TALLAHASSEE: FAX (904) 222-8410

Matter Code:








STEEL HECTOR & DAVIS LLP
215 South Monroe, Suite 601
Tallahassee, Florida 32301-1804
(904) 222-2300
Telecopier Cover Sheet
Confirmation #(904) 222-2300


Date:

Send To:

Firm:

Telecopier No:

Confirmation No:


August 25, 1997

Keith Hetrick

FHBA

224-7933

224-4316

Total Pages Including Cover Sheet: 7


______ Letter Size

Originator: Jake Varn


Legal Size

Ext 904-222- 2300


Special Messages:

DEEP'S PROPOSED REVISIONS.

THANKS ---------- DIANNE






The information contained n this trasinusion i aitomay privileged and cowfide l li intended only for th e ueofthe individual or nity named above. If
the reader of this message is not the intended recipient, you ae hereby notified that any dissmintion, distribution or copy of this communication is strictly
prohibited If you have received this communication in error, please notify us immediately by telephone collect and return the original message to us at the above
addressvi the U.S. Postl Service, We will reimburse you for postage. Thankyou.


Original Mailed

Original sent Overnight Courier

Original Held in File


MIAMI: FAX (305) 577-7001

WEST PALM BEACH: FAX (561) 655-1509

TALLAHASSEE: FAX (904) 222-8410


Client Code: 37746


Matter Code: 1362




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