(1)
Applications for environmental resource permits, notices, requests for
verification of exemption, petitions for formal determinations of wetland and
other surface waters and other determinations requested under Chapter 62-330,
F.A.C., shall be processed in accordance with Chapter 62-330, F.A.C., and
Environmental Resource Permit Applicant's Handbook Volumes I and II, and not in
accordance with this rule. For all other applications, a permit application
shall be:
(a) Filed with the District on the
appropriate form or forms incorporated by reference in the applicable rule,
with all application blanks filled in and containing signatures as required for
each form;
(b) Accompanied by the
required number of copies at the time of submittal, as specified in the
appropriate rule; and
(c)
Accompanied by the appropriate fee as set forth in Rule
40D-1.607, F.A.C.
(d) Any requirement to submit multiple copies
of an application shall not apply when the complete application package is
submitted electronically through the District's electronic permitting
process.
(2) No later
than 30 days after submittal of an initial application or an application for
modification of an individual surface water management permit, an individual
ERP or an initial application or application for renewal or modification of an
individual WUP for annual average quantities of 500, 000 gpd or greater
pursuant to Chapter 40D-2, F.A.C., the applicant shall publish at the
applicant's expense a notice of the District's receipt of the application in a
newspaper having general circulation as defined in Chapter 50, F.S., in the
county or counties in which the activity is proposed. No later than 30 days
after receipt of an application for an initial or modification of a general
surface water management permit or ERP pursuant to Chapter 40D-40, F.A.C., or
for an initial application or application for renewal or modification of an
individual WUP for annual average quantities of less than 500, 000 gpd pursuant
to Chapter 40D-2, F.A.C., the District shall post notice thereof on the
District's website at
www.watermatters.org. In the event that
after the posting of notice of an application for an individual WUP for annual
average quantities of less than 500, 000 gpd is modified to 500, 000 gpd or
greater, notice of the application shall be published by the applicant in a
newspaper as provided herein.
(3)
Persons who wish to be notified in writing or by electronic mail of receipt of
permit applications affecting a particular geographic area shall notify the
District in writing or by electronic mail, and shall specify their area of
interest by county or by section, township and range. Persons may request to be
notified by regular U.S. mail or by electronic mail. The District shall, within
30 days of receipt of an application, provide by regular or electronic mail as
requested, a notice of receipt of the application to any person who has filed a
written or electronic mail request for notification of any pending applications
affecting the particular designated area in which the activity is
proposed.
(4) Each notice of
receipt of application shall state where interested persons may inspect a copy
of the application and that written comments or objections concerning the
application may be filed with the District. Comments or objections must be
received within 14 days of the date of the notice in order to be considered by
the District. The District may request persons submitting objections or
comments to furnish additional information. Upon request, the District will
provide the applicant with a copy of all objections and comments received.
Submittal of comments or objections concerning a permit application does not
constitute a petition for administrative hearing pursuant to Chapter 120,
F.S.
(5) Each notice of receipt of
application shall further advise that if notice of intended agency action and
opportunity to request an administrative hearing pursuant to Chapter 120, F.S.,
regarding a permit application is desired, a written or electronic mail request
referencing the permit application number must be filed with and received by
the District.
(6) Publication or
posting of the notice of application pursuant to subsection (2), shall
constitute constructive notice of the permit application to all substantially
affected persons. Notices of intended agency action will be issued only to
applicants and persons who have filed requests for notification in writing or
by electronic mail that specifically reference the relevant permit application
number.
(7) When information
submitted to the District incorporates or results in a material change to the
proposed activity for which the applicant seeks a permit, the District shall
notify the applicant that the application is deemed to be amended, the proposal
contained in the original application is deemed withdrawn and the 30 and 90 day
time requirements provided in Section
120.60(1),
F.S., shall restart.
(8) Only 1
application shall be filed for a permit required under Chapter 373, Part II,
F.S., and District rules Chapter 40D-2, F.A.C., for an activity on or involving
the same property and project, including initial permit applications as well as
applications for modification of a permit, at any time prior to final action on
the application first received by the District. If the District determines that
more than 1 application has been so filed, the District will notify the
applicant that the most recent application is deemed an amendment of the
pending application, and if the amendment constitutes a material change, the
application will be processed in accordance with subsection (7),
above.
(9) Applicants who seek to
renew a permit must submit a timely and sufficient application for renewal in
order to avoid expiration of the permit. An application for renewal shall be
considered timely only if it is received by the District no later than the
expiration date of the existing permit. Mailing the application does not
constitute receipt by the District. If the permit's expiration date falls on a
weekend or recognized holiday, the application for renewal must be received by
the District on the next business day after the weekend or holiday. When timely
and sufficient application for renewal is made, the existing permit shall not
expire until the application for renewal has been finally acted upon by the
District, or if the permit is denied or the terms of the permit are limited,
until the last day for seeking review of the District action or a later date
fixed by order of the reviewing court.
(10) Published notices of receipt of an
application for a surface water management permit or Environmental Resource
Permit shall contain information and be in a format substantially as follows:
Notice is hereby given that the Southwest Florida Water
Management District has received [surface water or Environmental Resource]
permit application number [application number] from [name and address of
applicant]. Application received: [date]. Proposed activity: [specify
commercial, industrial, residential or other development]. Project name: [name
or description of project]. Project size: [specify acres] Location: Section(s)
[specify] Township [specify] East, Range [specify] South, in [specify] County.
Outstanding Florida Water: [yes or no]. Aquatic preserve: [yes or no]. The
application is available for public inspection Monday through Friday at 7601
U.S. Highway 301 North, Tampa, Florida 33637 or through the "Application &
Permit Search Tools" function on the District's website at
www.watermatters.org/permits/.
Interested persons may inspect a copy of the application and submit written
comments concerning the application. Comments must include the permit
application number and be received within 14 days from the date of this notice.
If you wish to be notified of intended agency action or an opportunity to
request an administrative hearing regarding the application, you must send a
written request referencing the permit application number to the Southwest
Florida Water Management District, Regulation Bureau, 7601 U.S. Highway 301
North, Tampa, Florida 33637 or submit your request through the District's
website at www.watermatters.org. The
District does not discriminate based on disability. Anyone requiring
accommodation under the ADA should contact the Regulation Bureau at
(813)985-7481 or 1(800)836-0797, TDD only 1(800)231-6103.
(11) Published notices of receipt of an
application for a water use permit shall contain the information included in
and substantially conform to the following format:
Notice is hereby given that the Southwest Florida Water
Management District has received an application for a [new or modification of]
water use permit application number [application number] from [name and address
of applicant] to withdraw water from wells and/or surface waters Application
received: [date]. Predominant use type(s): [specify public supply,
recreation/aesthetic, commercial, agricultural, mining/dewatering]. Quantity
[quantity]. Location: Section(s) [specify] Township [specify] East, Range
[specify] South, in [specify] County. The application is available for public
inspection Monday through Friday at 7601 U.S. Highway 301 North, Tampa, Florida
33637 or through the "Application & Permit Search Tools" function on the
District's website at www.watermatters.org/permits/.
Interested persons may inspect a copy of the application and submit written
objections and comments concerning the application within 14 days from the date
of this notice. The District does not discriminate based on disability. Anyone
requiring accommodation under the ADA should contact the Regulation Bureau at
(813)985-7481 or 1(800)836-0797, TDD only 1(800)231-6103.
(12) Applicants required to publish a notice
of receipt of application must provide to the District a publisher's affidavit
establishing proof of publication pursuant to Sections
50.041 and
50.051, F.S., before the
application will be considered complete and the applicable timeframe for taking
agency action on the application will commence.
Notes
Fla. Admin.
Code Ann. R. 40D-1.603
Rulemaking Authority 373.044, 373.113, 373.118 FS. Law
Implemented 120.60(4), 373.116, 373.118, 373.229, 373.413
FS.
New 10-1-84, Amended
5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, 7-2-98, 7-22-99, 11-8-00,
9-26-02, 12-24-07, 4-7-08, 11-2-08, 9-1-09, 12-11-12, 5-19-14, Amended by
Florida
Register Volume 40, Number 117, June 17, 2014, effective
6/29/2014, Amended by
Florida
Register Volume 41, Number 022, February 3, effective
2/18/2015.
New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95,
3-31-96, 12-16-97, 7-2-98, 7-22-99, 11-8-00, 9-26-02, 12-24-07, 4-7-08,
11-2-08, 9-1-09, 12-11-12, 5-19-14, 6-29-14,
2-18-15.
