reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.6065 - Consideration of Intended Agency Decision on Permit Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) After the application for a permit is
				declared by staff to be complete, the District shall prepare a Staff Review
				Summary, which shall contain its recommendations regarding the subject
				application and which shall constitute intended agency decision. A notice of
				intended agency decision together with the Staff Review Summary shall be
				furnished to the applicant and any persons requesting the same pursuant to Rule
				 40E-1.6058, F.A.C., as
				applicable. The notice shall state the District Staff's recommendation that the
				District approve, deny, or approve with conditions the permit application and
				the reasons therefore.
(2) The
				District shall consider the application for a standard right of way occupancy
				permit at its next regularly scheduled Governing Board meeting following the
				mailing or electronic mailing of notice of intended agency decision, unless an
				administrative hearing is requested and granted pursuant to Section
				 120.569, F.S. If staff's
				recommendation is for denial, the District shall consider the application at
				its next available regularly scheduled Governing Board meeting following the
				mailing or electronic mailing of notice of intended agency decision, unless an
				administrative hearing is requested and granted pursuant to Section
				 120.569, F.S.
(3) In no case shall agency action be taken
				later than 60 days after the application for a conceptual approval or
				individual environmental resource permit, or later than 90 days after an
				individual water use, water well, right of way occupancy, or works of the
				district permit is declared complete unless waived by the applicant or stayed
				by the filing of a petition for an administrative hearing. The permit applicant
				may voluntarily waive the timeline for governing action on the permit
				application in Section
				 120.60, F.S., in order to
				resolve any outstanding issues, including third party objections, regarding the
				project.
(4) Because the District
				may take a final agency action which materially differs from the noticed
				intended agency action, applicants and other interested persons should be
				prepared to defend their position regarding the permit application when it is
				considered by the District. If the District takes final agency action which
				materially differs from the intended agency decision, the District shall mail
				by regular United States mail or electronic mail a notice of the final agency
				action to all persons who were notified of the intended agency
				decision.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 120.60,
					 373.079,
					 373.083,
					 373.4141
					 FS.
New 7-2-98, Amended 6-12-00, 10-1-06, 10-23-12, 10-1-13,
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.608 - Denial of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 120.53(1),
					 120.57,
					 120.60
					 FS.
New 9-3-81, Amended 10-3-95, 7-2-98, 6-12-00, Repealed by
					 Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.609 - Suspension, Revocation and Modification of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Procedures concerning the District's
				suspension, revocation and modification of a permit are contained in the
				Uniform Rules of Procedure, Rule
				 28-106.2015, F.A.C.
(2) The District may temporarily suspend or
				revoke a permit, in whole or in part, when it determines that the permittee or
				an agent of the permittee has:
(a) Submitted
				false or inaccurate information on an application or operational
				report;
(b) Violated Chapter 373,
				F.S., or portions of Chapter 403, F.S., for which authority has been delegated
				to the District, and the rules promulgated thereunder, or any other provision
				of Florida law related to the operations or regulations of the
				District;
(c) Failed to comply with
				an Administrative Order issued pursuant to Section
				 373.119, F.S.;
(d) Violated a condition of the
				permit;
(e) Failed to permit
				inspection of the subject property.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.610 - Permit Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1) Holders of
				renewable permits shall make timely application as required by Rule
				 40E-1.603, F.A.C., for renewal
				so as to avoid expiration during the renewal process. When timely application
				is made, the existing permit shall not expire until final agency action, or if
				the permit is denied or the terms limited, until the last day for seeking
				review of the District order or a later date fixed by order of the reviewing
				court.
(2) Application for a permit
				renewal is timely only if actually filed at the District prior to expiration of
				the existing permit. Mailing the application does not constitute
				filing.
Rulemaking Authority
					 120.53(1),
					 373.044,
					 373.113 FS. Law Implemented
					 120.60,
					 373.219,
					 373.239,
					 373.323,
					 373.413
					 FS.
New 5-11-93, Amended
					 6-12-00.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.6105 - Notification of Transfer of Interest in Real Property

Current through Reg. 50, No. 138; July 16, 2024
Within 30 days of any transfer of interest or control of the
				  real property at which any permitted facility, system, consumptive use, or
				  activity is located, the permittee must notify the District, in writing or
				  electronically at the District's e-Permitting website, of the transfer giving
				  the name and address of the new owner or person in control and providing a copy
				  of the instrument effectuating the transfer. Notification of a transfer shall
				  not constitute a permit transfer pursuant to Rule
				   40E-1.6107,
				  F.A.C.
Rulemaking Authority
					 373.044,
					 373.113,
					 668.003,
					 668.004,
					 668.50 FS. Law Implemented
					  373.083,
					  373.171,
					  373.309,
					  373.416,
					  373.426,
					  373.429,
					  373.436,
					  668.003,
					  668.004,
					  668.50 FS.
New 5-11-93, Amended
					 10-1-06.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.6107 - Transfer of Surface Water Management, or Water Use, or Wetland Resource Permit

Current through Reg. 50, No. 138; July 16, 2024
(1) The procedures for
				the transfer of environmental resource permits are set forth in Rule
				 62-330.340, F.A.C. To transfer a
				surface water management, water use, or wetland resource permit, the permittee,
				in addition to satisfying the applicable provisions in Rule
				 40E-2.351, F.A.C., must submit
				Form No. 0483, (October 1, 2013),
http://www.flrules.org/Gateway/reference.asp?No=Ref-02753
,
				Request for Surface Water Management, Water Use, or Wetland Resource Permit
				Transfer, incorporated by reference herein. Form No. 0483 is also available at
				no cost by contacting the South Florida Water Management District Clerk's
				Office, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext.
				2729, or (561)682-2729.
(2) In
				addition, the permittee must provide information required in Rule
				 40E-1.6105, F.A.C., and file a
				statement from the proposed transferee in writing or at the District's
				e-Permitting website that it has reviewed the District permit and project
				design and will be bound by all terms and conditions of the permit, including
				all compliance requirements, for the duration of the permit.
(3) The District shall approve the transfer
				of a permit unless it determines that the proposed transferee cannot provide
				reasonable assurances that conditions of the permit will be met. The
				determination shall be limited solely to the ability of the new permittee to
				comply with the conditions of the existing permit, and it shall not concern the
				adequacy of those permit conditions.
(4) The District shall approve the transfer
				of the permit if the requirements in subsections (1) and (2) are met. If the
				District proposes to deny the transfer, it shall provide both the permittee and
				the proposed transferee a written objection to such transfer together with the
				notice of right to request a Chapter 120, F.S., proceeding on such
				determination.
(5) Until transfer
				is approved by the District, the permittee shall be liable for compliance with
				the permit. The permittee transferring the permit shall remain liable for any
				corrective actions that are required as a result of any violations of the
				permit which occurred prior to the transfer of the permit.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.083,
					 373.171,
					 373.219,
					 373.309,
					 373.413,
					 373.4131,
					 373.414,
					 373.416,
					 373.426,
					 373.429,
					 373.436,
					 668.003,
					 668.004,
					 668.50
					 FS.
New 5-11-93, Amended 10-3-95, 10-1-06, 10-23-12, 10-1-13,
					 7-14-14, 8-7-16.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.611 - Emergency Action (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54(5),
					 373.439 FS. Law Implemented
					 120.54(5),
					 373.439
					 FS.
New 9-3-81, Amended 7-2-98, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.6115 - Emergency Authorization (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54(5),
					 373.439 FS. Law Implemented
					 120.54(5),
					 373.439
					 FS.
New 7-2-98, Amended 6-12-00, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.612 - Administrative Enforcement Action (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 373.044,
					 373.113 FS. Law Implemented
					 120.53(1)(b),
					 (c),
					 120.60(2),
					 120.68,
					 120.69,
					 373.119,
					 373.129,
					 373.136,
					 373.209,
					 373.433,
					 373.603
					 FS.
New 9-3-81, Amended 5-11-93, Transferred to
					  40E-1.705.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.614 - Orders of Corrective Action and Consent Agreements (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 373.044,
					 373.113 FS. Law Implemented
					 373.119,
					 373.129,
					 373.136
					 FS.
New 5-11-93, Transferred to
					  40E-1.705.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.615 - Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				applies to applications for environmental resource, surface water management,
				and water use permits for projects located in the Florida Keys Area of Critical
				State Concern when the applicant has elected coordinated agency review under
				Section  380.051, F.S.
(2) The following coordinated agency review
				procedures apply to projects which are eligible for exemptions from District
				environmental resource and water use permitting requirements:
(a) No permit and no coordinated agency
				review participation by the District is required for the water uses exempted by
				Rule  40E-2.051 (Exemptions), F.A.C.,
				or identified in Rule
				 40E-2.061, F.A.C.
(b) No permit and no coordinated agency
				review participation by the District is required for surface water management
				activities which are exempted by Rule
				 62-330.051 (Exempt Activities),
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.659 - Forms and Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  218.075,
					 373.044,
					  373.113,
					 373.171,
					 373.4136,
					 373.416,
					 695.03,
					 704.06 FS. Law Implemented
					 218.075,
					 373.113,
					  373.4135,
					  373.4136,
					  373.416,
					  704.06 FS.
New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90,
					 Amended 7-26-87, 11-21-89, 1-4-93, Formerly  40E-1.901, Amended 5-11-93,
					 4-20-94, 10-3-95, 6-26-02, 8-14-02, 8-31-03, 9-16-03, 9-20-04, 2-12-06,
					 1-23-07, 8-7-07, 7-4-10, 12-15-11, 5-20-12, 10-23-12, 10-1-13, 7-14-14, 9-7-15,
					 8-7-16, Repealed 4-17-24.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.701 - Interagency Agreements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  120.54(8),
					 373.044,
					  373.046,
					 373.113,
					 373.171,
					 373.414 FS. Law Implemented
					 120.54(8),
					 373.046,
					  373.403,
					  373.413,
					  373.414,
					  373.413,
					  373.429 FS.
New 11-15-92, Amended 1-23-94, Repealed
					 10-3-95.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.702 - Environmental Resource, Surface Water Management Permit and Consumptive Use Enforcement Guidelines

Current through Reg. 50, No. 138; July 16, 2024
The following guidelines apply to the District's
				  Environmental Resource, Consumptive Use and Surface Water Management Permit
				  enforcement programs:
(1) Adverse
				impacts to water resources shall be recovered by requiring complete
				restoration.
(2) In those cases
				where restoration of the adverse impact is not environmentally feasible, the
				District shall require mitigation to offset such impacts.
(3) If the violation cannot be resolved in a
				negotiated, pro-active manner, it is the District's policy to seek full
				compliance with District permits and rules through appropriate legal
				action.
(4) The District shall
				provide for prompt resolution of enforcement matters in a manner that best
				protects the public interest and water resources.
(5) The District shall ensure that violators
				do not gain an economic advantage over competitors by circumventing District
				permitting requirements. Enforcement action shall be designed to remove any
				economic advantage resulting from the failure to comply with District permits
				and rules.
Rulemaking Authority
					 120.53(1),
					 373.044,
					 373.113 FS. Law Implemented
					 120.62,
					 120.69,
					 373.083(2),
					 373.119,
					 373.129,
					 373.136,
					 373.430,
					 373.433,
					 373.603
					 FS.
New 10-3-95, Amended 7-2-98,
					 8-7-16.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.705 - Administrative Enforcement Action (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 373.044,
					 373.113 FS. Law Implemented
					 120.53(1)(b),
					 (c),
					 120.60(2),
					 120.68,
					 120.69,
					 373.119,
					 373.129,
					 373.136,
					 373.209,
					 373.433,
					 373.603
					 FS.
New 9-3-81, Amended 5-11-93, Formerly  40E-1.612, Amended
					 10-3-95, 7-2-98, Repealed 6-12-00.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.711 - Orders of Corrective Action and Consent Orders

Current through Reg. 50, No. 138; July 16, 2024
(1) Orders of Corrective Action.
(a) An order of corrective action may
				accompany and be served with an administrative complaint upon an alleged
				violator pursuant to Rule
				 28-106.2015, F.A.C. An order of
				corrective action shall include a description of remedial action, with
				implementation timeframes, and shall, if applicable, set forth any damages,
				costs of investigation, or other demands that the District is authorized to
				recover pursuant to Chapter 373 or 403, F.S. Unless a responsive pleading and
				request for a Section
				 120.57, F.S., administrative
				hearing is filed within fourteen (14) days after service of the order of
				corrective action, the order for corrective action shall become final and
				effective, and shall constitute a final adjudication of the matters alleged,
				subject only to judicial review under Chapter 120 or 373, F.S.
(b) Orders of corrective action, which
				constitute final agency action, shall be enforceable pursuant to the
				enforcement provisions in Chapters 373 and 403, F.S.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.715 - Civil Penalty Calculation

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				District has the authority under Section
				 373.129, F.S. to assess civil
				penalties of up to $15,000 per day, per violation.
(2) Because an economic advantage can be
				derived through avoidance of expenditures necessary to achieve compliance with
				District permitting rules and regulations, the District shall consider in its
				assessment of civil penalties any economic benefit which the violator may have
				gained through noncompliance.
(3)
				Multiple penalties shall be calculated for every violation which constitutes an
				independent and substantially distinguishable violation, or when the same
				person has violated the same requirement in substantially different
				locations.
(4) Multi-day penalties
				shall be calculated where daily advantage is being gained by the violator for
				an ongoing violation, computed by multiplying the original assessment amount by
				the number of days of noncompliance.
Rulemaking Authority
					 120.53(1),
					 373.044,
					 373.113,
					 373.333(1) FS.
					 Law Implemented  120.69,
					  373.129,
					  373.209(3),
					  373.430,
					  373.603 FS.
New 10-3-95, Amended 10-23-12,
					 4-17-24.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.721 - Complaints, District Investigations, Probable Cause Determinations and Notices of Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person may
				file a written complaint with the District alleging that a person is in
				violation of any of the provisions of Chapter 373, F.S., or provisions of
				Chapter 403, F.S., for which authority has been delegated to the District, or
				the rules promulgated thereunder or an order issued pursuant thereto. Any
				person may file a written complaint alleging that a lawfully issued District
				permit is causing a public or private nuisance. District investigations and
				probable cause determinations preliminary to District action are not subject to
				the provisions of Section
				 120.57, F.S., or the rules in
				this part promulgated thereunder.
(2) The complaint shall specify to the best
				of complainant's knowledge the identity of the alleged violator, the location
				and nature of the alleged violation, and any additional information deemed
				relevant or material by the complainant. The complaint must be signed by the
				complainant or the complainant's agent and contain an address or phone number
				where the complainant can be reached. The District shall request that the
				complainant to furnish any additional information reasonably necessary to aid
				in investigating the complaint.
(3)
				Upon receipt of a complaint filed pursuant to this section, the District shall
				conduct an investigation and make a determination of probable cause. Nothing in
				this rule shall preclude the District from conducting investigations and
				probable cause determinations as otherwise authorized or required by
				law.
(4) An investigation or
				determination of probable cause is a non-adversary executive function to
				discover or procure evidence as part of the fact finding function of the
				District. The District need not have an administrative complaint pending to
				conduct an investigation or make such a determination.
(5) Upon receipt of a field inspection or
				investigation report and upon a finding of probable cause, District staff are
				authorized to issue a Notice of Violation providing instructions for compliance
				with Chapter 373, F.S., and all applicable District rules. Nothing in this rule
				shall preclude the District from seeking injunctive relief or filing any other
				action that is authorized by Chapter 373, F.S.
Rulemaking Authority
					  120.53(1),
					 120.54(10),
					 373.044,
					 373.113 FS. Law Implemented
					 120.53(1),
					  120.57(4),
					  373.219(2),
					  373.229(2),
					  373.333(2),
					  373.429 FS.
New 9-3-81, Formerly 16K-1.09, 16K-2.03(3), Amended
					 5-11-93, Formerly 40E-1.510, Amended
					 10-3-95.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.801 - Public Meetings of the South Florida Water Management District

Current through Reg. 50, No. 138; July 16, 2024
(1) All public meetings of the South Florida
				Water Management District are open to the public at all times and are
				authorized to be conducted, in whole or in part, via communications media
				technology. The Executive Director, or designee, shall determine the use and
				availability of communications media technology.
(2) "Communications media technology" means
				the electronic transmission of printed matter, audio, full-motion video,
				freeze-frame video, compressed video, and digital video by any method
				available.
(3) When a quorum is
				required for a public meeting of the South Florida Water Management District,
				the quorum shall be established by a simple majority of those members eligible
				to vote. Eligibility to vote occurs when a person has been duly appointed by an
				entity or person with lawful authority to appoint and during the term of such
				appointment, including any statutory holdover period.
(4) Those participating via communications
				media technology shall be treated equally to those physically present for
				purposes of establishing a quorum and voting.
(5) The District shall ensure that members of
				the public have a reasonable opportunity to be heard when holding a public
				meeting via communications media technology to encourage public engagement.
				Members of the public participating via communications media technology shall
				have the same opportunity to be heard as those physically present for purposes
				of public comment.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.079(7) FS.
					 Law Implemented 373.079(7)
					 FS.
New 4-11-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.901 - Forms and Instructions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 20.52(14),
					 120.53,
					 120.55(1)(a)
					 FS.
New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90,
					 Amended 7-26-87, 11-21-89, Transferred to
					  40E-1.659.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.010 - Review of Consumptive Use Permit Applications

Current through Reg. 50, No. 138; July 16, 2024
Consumptive use permit applications are processed pursuant to
				  Section  120.60, F.S. and Chapters 40E-1
				  and 28-106, F.A.C.
Rulemaking Authority
					 120.54(5),
					 120.60 FS. Law Implemented
					 120.54(5),
					 120.60
					 FS.
New 7-2-98, Amended
					 10-23-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the
				policy of the District to control all water uses within its boundaries,
				pursuant to the provisions of Chapter 373, F.S. and Chapter 62-40 and Title
				40E, F.A.C.
(2) The rules in this
				chapter implement the comprehensive water use permit system contemplated in
				Chapter 373, Part II, F.S.
(3)
				Additional rules relating to water use are found in Chapter 40E-5, F.A.C.
				(Artificial Recharge), Chapter 40E-8, F.A.C. (Minimum Flows and Levels (MFLs),
				Chapter 40E-10, F.A.C. (Water Reservations), Chapter 40E-21, F.A.C. (The Water
				Shortage Plan), Chapter 40E-22, F.A.C. (Regional Water Shortage Plans), and
				Chapter 40E-24, F.A.C. (Mandatory Year-Round Landscape Irrigation Conservation
				Measures).
(4) Standards for the
				construction, repair and abandonment of water wells are found in Chapters
				40E-3, F.A.C. (Water Wells).
(5) If
				an application for any proposed water use does not meet the provisions of this
				chapter for a general permit or evidence indicates the potential for harm, the
				District will provide the permit applicant with the option to either withdraw
				the general permit application or supply the additional information, and if
				applicable, the fee required for an individual permit. In the event one of
				these options is not selected, staff will recommend that the Governing Board
				deny the general permit application. The criteria in the "Applicant's Handbook
				for Water Use Permit Applications within the South Florida Water Management
				District, " incorporated by reference in Rule
				 40E-2.091, F.A.C., will be
				utilized to determine whether the conditions for issuance in Rule
				 40E-2.301, F.A.C., are
				satisfied.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.216 FS. Law Implemented
					  373.083,
					  373.203,
					  373.216,
					  373.219,
					  373.249 FS.
New 9-3-81, Formerly 16K-2.01, Amended 7-4-82, 2-24-85,
					 11-18-91, 8-1-02, 8-31-03, 7-2-09, 10-23-12,
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.031 - Implementation

Current through Reg. 50, No. 138; July 16, 2024
(1) The effective dates for the water use
				permitting program established in this chapter are:
(a) If the use or withdrawal of water exceeds
				100, 000 gallons per day, the effective dates are:
1. January 12, 1977, for the portion of the
				District formerly within the Ridge and Lower Gulf Coast Water Management
				District,
2. March 2, 1974, for the
				remainder of the District;
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.041 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				expressly exempt by law or District rule, a water use permit must be obtained
				from the District prior to any use or withdrawal of water.
(2) The District issues water use permits in
				two forms, individual water use permits and general water use permits. A water
				use permit may be obtained by meeting the requirements of this
				chapter.
(3) Under certain
				circumstances the District may issue a temporary water use permit pursuant to
				Section  373.244, F.S.
(4) A water user seeking a noticed general
				permit shall obtain one permit for all withdrawals intended to serve contiguous
				areas. Unless obtaining multiple permits whose withdrawal quantities are
				monitored and reported from each withdrawal facility or point of diversion, if
				required by Subsection 4.1.1 of the Applicant's Handbook, and evaluated for
				feasibility of using reclaimed water, if required by Subsection 2.2.4.B of the
				Applicant's Handbook, two or more projects shall be aggregated and treated as a
				single project for permitting purposes when the District determines that the
				projects are physicially proximate and either:
(a) Share the same irrigation infrastructure;
				or,
(b) Are operated as a common
				enterprise.
However, when multiple use classifications, as set forth in
				  Rule  40E-21.651, F.A.C., are served
				  by separate withdrawal facilities, the District is authorized to issue separate
				  noticed general permits.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
No permit is required under Rule
				   40E-2.041, F.A.C., for the
				  following water uses:
(1) Water used
				strictly for domestic use at a single family dwelling or duplex provided that
				the water is obtained from one withdrawal facility for each single family
				dwelling or duplex.
(2) Water used
				strictly for fire fighting purposes.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.219
					 FS.
New 9-3-81, Formerly 16K-2.025, Amended 2-24-85, 4-20-94,
					 3-15-10.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.061 - General Permits by Rule

Current through Reg. 50, No. 138; July 16, 2024
Certain specified uses have been determined to be
				  reasonable-beneficial, not interfering with existing legal uses, and consistent
				  with the public interest pursuant to Section
				   373.223, F.S. The Board hereby
				  grants a General Permit by Rule for all non-exempt consumptive uses within the
				  District that satisfy the following criteria:
(1) General Permit by Rule for Landscape
				Irrigation at a Single Family Dwelling or Duplex.
(a) The Board hereby grants a general permit
				to each person for the use, withdrawal, or diversion of water at a single
				family dwelling or duplex including, but not limited to, home lawn and
				ornamental irrigation, car washing, and other incidental uses provided that
				water is obtained from a single on-site withdrawal facility, such as a private
				irrigation well or surface water diversion, for each single family dwelling or
				duplex; that landscape irrigation is conducted in accordance with Chapters
				40E-21 and 40E-24, F.A.C., or with any approved variance; and that the amount
				of water used is limited to only that necessary for efficient
				utilization.
(b) When reclaimed
				water is available, the use of a private irrigation well or surface water
				diversion for home lawn and ornamental irrigation is not authorized under this
				section. Reclaimed water is deemed available when reclaimed water is provided
				by a utility through a point of connection at the property boundary.
(c) Persons using or proposing to use water
				in a manner that differs from the conditions imposed by Chapter 40E-24, F.A.C.,
				shall apply for a modification of this permit pursuant to subsection
				 40E-2.331(4),
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.071 - Noticed General Permits and Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The use of water, which does not qualify
				for a general permit by rule, qualifies for a noticed general permit if the
				use:
(a) Does not withdraw from the following
				sources:
1. Surface water from the C-23, C-24
				or C-25 Canals, or any connected canal systems that derive water supply from
				these District canals;
2. Surface
				water from the L-1, L-2 or L-3 Canals;
3. Surface water within the Lake
				Istokpoga/Indian Prairie Canal System depicted in Figures 21-20 and 21-21,
				Chapter 40E-21, F.A.C.;
4. Surface
				or groundwater within the Picayune Strand or Fakahatchee Estuary, groundwater
				indirectly from the Picayune Strand or Fakahatchee Estuary or any canal
				identified in Figure 3-4 of the Applicant's Handbook, or surface water
				indirectly from any canal identified in Figure 3-4 of the Applicant's
				Handbook;
5. Surface water from the
				Lower East Coast Everglades Waterbodies, the North Palm Beach
				County/Loxahatchee River Watershed Waterbodies, or the integrated conveyance
				system identified in Figures 3-1 and 3-2 of the Applicant's Handbook;
6. Surface water from the protected canal
				reaches identified in Figure 3-1 in Chapter 40E-10, F.A.C.;
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.101 - Content of Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Except in those
				circumstances detailed in subsection (5), below, applications for permits
				required by this chapter shall be filed electronically at
				www.sfwmd.gov.ePermitting, or at the South Florida Water Management District
				Regulation Reception Desk, 3301 Gun Club Road, West Palm Beach, FL 33406, or at
				any of the District's Service Centers. The addresses and phone numbers of the
				District's Service Centers are online at
www.sfwmd.gov
, "Locations."
(2) The application for all water use permits
				shall contain:
(a) The appropriate permit
				application processing fee required by Rule
				 40E-1.607, F.A.C.;
(b) The information required in Section
				 373.229(1),
				F.S.;
(c) Information sufficient to
				show that the use meets the criteria and conditions established in Rule
				 40E-2.301, F.A.C.;
				and,
(d) The application forms, as
				specified below, signed by the applicant or the authorized agent of the
				applicant.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.301 - Conditions for Issuance of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				In order to obtain a permit, permit renewal, or permit modification under this
				chapter, an applicant must give reasonable assurances that the proposed water
				use at the time the permit application is deemed complete:
(a) Will not cause harmful saline water
				intrusion;
(b) Will not harm
				offsite land uses;
(c) Will not
				cause harm to wetlands or other surface waters;
(d) Will not cause pollution of the water
				resources;
(e) Is otherwise a
				reasonable-beneficial use as defined in Section
				 373.019(13),
				F.S., with consideration given to the factors set forth in Rule
				 62-40.410, F.A.C.;
(f) Will not interfere with presently
				existing legal uses;
(g) Is in
				accordance with Section
				 373.2295, F.S., concerning
				interdistrict transfer of groundwater and Section
				 373.223(3),
				F.S., concerning water transport and use of groundwater or surface water across
				county boundaries.
(h) For uses
				with a recommended maximum allocation which exceeds 100, 000 gallons per day or
				uses within a mandatory reuse zone, makes use of a reclaimed water source in
				accordance with the criteria contained in the "Applicant's Handbook for Water
				Use Permit Applications within the South Florida Water Management District, "
				incorporated by reference in Rule
				 40E-2.091, F.A.C.
(i) Is in accordance with any minimum flow or
				level and implementation strategy established pursuant to Sections
				 373.042 and
				 373.0421, F.S.; and
(j) Is consistent with Sections
				 373.016 and
				 373.036, F.S., and otherwise is
				consistent with the public interest as prescribed by Chapter 373, F.S., and
				this chapter.
(k) Will not withdraw
				water reserved under Chapter 40E-10, F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.321 - Duration of Permit

Current through Reg. 50, No. 138; July 16, 2024
General Duration Provision. When requested by an applicant, a
				  consumptive use permit shall have a duration of 20 years provided the applicant
				  provides sufficient data to demonstrate reasonable assurance that the proposed
				  use meets the conditions for issuance for the requested 20 year permit
				  duration; or otherwise, permits may be issued for a shorter duration that
				  reflects the period for which such reasonable assurances can be provided. This
				  determination will be made pursuant to requirements in Rule
				   40E-2.301, F.A.C., and the
				  "Applicant's Handbook for Water Use Permit Applications within the South
				  Florida Water Management District, " incorporated by reference in Rule
				   40E-2.091,
				  F.A.C.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.216 FS. Law Implemented
					  373.236 FS.
New 9-3-81, Amended 2-24-85, 4-20-94, 7-11-96, 8-31-03,
					 4-23-07, 2-13-08, 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.331 - Modification of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A permittee
				shall apply to the District for approval of any modification of an unexpired
				permit pursuant to Section
				 373.239, F.S. and Rule
				 40E-1.609, F.A.C.
(2) Applications for modification, except
				letter modifications issued pursuant to subsection (4), shall contain the
				information required in Rule
				 40E-2.101, F.A.C., will be
				evaluated using the criteria specified in Rule
				 40E-2.301, F.A.C., and will be
				subject to the limiting conditions specified in Rule
				 40E-2.381, F.A.C. Modifications
				shall be approved if criteria in Rule
				 40E-2.301, F.A.C., are
				met.
(3) Proposed increases in
				allocation will be treated as new uses to the extent the proposed allocation
				exceeds the existing allocation.
(4)
(a)
				Modification of an existing water use permit shall be approved by letter,
				provided the permit is in compliance with all applicable limiting conditions
				and the modification request:
1. Does not
				result in an increase in the amount of the permit allocation;
2. Does not modify the existing permit
				expiration date, except when:
a. The permit
				duration is based upon the current lease expiration date, the permit duration
				shall be extended by letter modification to the new lease date, but shall not
				exceed the applicable permit duration pursuant to Rule
				 40E-2.321, F.A.C.;
b. A public water supply permittee achieves
				demonstrable savings attributable to implementation of its water conservation
				plan beyond that required by Subsection 2.3.2.F.1 of the Applicant's
				Handbook;
c. A permittee complies
				with the extension provisions of Section
				 373.236(5),
				F.S.; or,
d. The permit duration is
				based upon a proposed "start" date for dewatering, the permit duration shall be
				extended to one year from the new "start" date, but shall not exceed the
				applicable permit duration in Rule
				 40E-2.321, F.A.C.;
				or
3. Does not
				potentially interfere with any presently existing legal use of water, cause
				environmental harm, saltwater intrusion, pollution of the water resources, harm
				to offsite land uses, does not withdraw water reserved under Chapter 40E-10,
				F.A.C., or does not otherwise raise issues requiring a Staff determination of
				whether such impacts would occur pursuant to the "Applicant's Handbook for
				Water Use Permit Applications within the South Florida Water Management
				District, " incorporated by reference in Rule
				 40E-2.091, F.A.C.;
4. Does not change the permitted withdrawal
				source(s) or use classification;
5.
				Does not result in a modification of the permit pursuant to Section
				 373.239(2),
				F.S.; and,
6. Does not allow more
				cumulative days and time to conduct landscape irrigation pursuant to Chapter
				40E-24, F.A.C., for those permits issued pursuant to Rule
				 40E-2.061, F.A.C., and those
				permits classified as landscape irrigation use.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.341 - Revocation of Permits

Current through Reg. 50, No. 138; July 16, 2024
Violations of this chapter may result in the revocation or
				  suspension of the authorization in whole or in part in accordance with the
				  provisions of Chapter 373, F.S., including Sections 373.119 and 373.243,
				  Chapter 120, F.S. and Rules
				   40E-1.609 and
				   28-106.2015,
				  F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 120.60(6),
					 373.103(4),
					 373.219,
					 373.229
					 FS.
New 4-20-94, Amended 7-2-98,
					 10-23-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.351 - Transfer of Permits

Current through Reg. 50, No. 138; July 16, 2024
A permittee must comply with the requirements of Rule
				   40E-1.6107, F.A.C., in order to
				  obtain a permit transfer to a new permittee. If the permit transfer is in
				  conjunction with an application for permit modification, the permit shall be
				  transferred at the time of permit modification if all applicable permit
				  transfer criteria are met. Upon approval, all terms and conditions of the
				  permit shall be binding on the transferee.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.223,
					 373.229,
					 373.239
					 FS.
New 9-3-81, Formerly 16K-2.09(2), Amended
					 4-20-94.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.381 - Permit Conditions

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Sections
				   373.216,
				   373.219 and
				   373.223, F.S., the District
				  shall impose reasonable permit conditions on permits granted under this
				  chapter. Standard permit conditions in Section 5.1 of the "Applicant's Handbook
				  for Water Use Permit Applications within the South Florida Water Management
				  District, " incorporated by reference in Rule
				   40E-2.091, F.A.C., shall be set
				  forth in the permit. Special permit conditions, including those specified in
				  Section 5.2 of the "Applicant's Handbook for Water Use Permit Applications
				  within the South Florida Water Management District, " incorporated by reference
				  in Rule  40E-2.091, F.A.C., shall be set
				  forth in the permit as applicable.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.216 FS. Law Implemented
					  373.042,
					  373.0421,
					  373.083,
					  373.216,
					  373.219(1),
					  373.223 FS.
New 9-3-81, Amended 2-24-85, 7-26-87, 4-20-94, 7-11-96,
					 4-9-97, 12-10-97, 9-10-01, 8-1-02, 4-23-07, 2-13-08, 10-23-12,
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.441 - Temporary Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.244
					 FS.
New 9-3-81, Amended 4-20-94, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.451 - Emergency Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) Permission
				to begin use, withdrawal, or diversion of water prior to the issuance of a
				permit may be applied for in writing, when emergency conditions exist which
				would justify such permission. However, no such permission shall be granted
				unless the use, withdrawal, or diversion is already being considered for a
				permit under Rule  40E-2.041, F.A.C. A serious set
				of unforeseen or unforeseeable circumstances must exist to create an emergency.
				Mere carelessness or lack of planning on the part of the applicant shall not be
				sufficient grounds to warrant the granting of emergency
				authorization.
(2) Emergency
				authorizations shall be administered pursuant to Rule
				 40E-0.108,
				F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 120.60(5),
					 373.219
					 FS.
New 9-3-81, Formerly 16K-2.11, Amended 4-20-94, 7-2-98,
					 10-23-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.501 - Permit Classification

Current through Reg. 50, No. 138; July 16, 2024
Each water use permit shall be classified according to
				  source, use and method of withdrawal. The source use and method of withdrawal
				  classes are listed in Rules
				   40E-21.631 through
				   40E-21.691,
				  F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.246
					 FS.
New 9-3-81, Formerly 16K-2.12(2), Amended 7-4-82,
					 10-23-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.511 - Declaration of Water Shortage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.246
					 FS.
New 5-30-82.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.521 - Change, Suspension or Restriction of Permits During Water Shortage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.042,
					 373.246
					 FS.
New 9-3-81, Formerly 16K-2.12(3), (4), Repealed
					 5-30-82.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.531 - Procedures Under Water Shortage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.246
					 FS.
New 9-3-81, Formerly 16K-2.13, Repealed
					 5-30-82.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-2 - CONSUMPTIVE USE › Section 40E-2.541 - Declaration of Emergency Due to Water Shortage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.246(7)
					 FS.
New 9-3-81, Formerly 16K-2.14, Repealed
					 5-30-82.