Published on: 25919484. Variance or waiver.
Petitioner’s Name: Southeast Wildwood Water Conservation Authority
Rule No.: 40C-2.042(2)
Nature of the rule for which variance or waiver is sought: General Permit by Rule.
The Petition has been assigned ....
Published on: 23873366. The purpose and effect of the proposed amendments to rules in Chapter 40C-2, F.A.C., will be to create part of the recovery strategy, pursuant to subsection 373.0421(2), F.S., for the minimum flows or levels (MFLs) for Lake ....
Published on: 22203608. It has issued a Final Order granting a variance. The Orlando Utilities Commission filed a petition for variance on May 13, 2019. Notice of receipt of The petition was published in the Florida Administrative Register, Vol.45, No 102, on May 24, 2019. No public comment was received. Petitioner requested a temporary variance from the landscape irrigation days and application rate provisions of rule 40C-2.042(2)(a), F.A.C., so that it can implement a landscape irrigation pilot program designed to reduce high water consumption through the use of smart irrigation technology. The Final Order Granting Variance, file of record number 2016-06, was rendered on July 29, 2019. Petitioner demonstrated that strict application of the rule would result in a substantial hardship. Petitioner provided an alternative means of achieving the purpose of the statute implemented by the rule.
Published on: 21898155. Variance from the Orlando Utilities Commission, pursuant to Section 120.542, Florida Statutes, seeking a variance from Rule 40C-2.042(2)(a), Florida Administrative Code, with respect to the day(s) of the week restrictions for landscape irrigation. Comments on this petition should be filed with Sandra Bertram, District Clerk, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, within 14 days of publication of this notice. The petition has been assigned F.O.R. Number 2016-06.
Published on: 20389514. The purpose and effect of the proposed amendments to rules in Chapter 40C-2, F.A.C., will be to create prevention or recovery strategies, pursuant to subsection 373.0421(2), F.S., for one or more of the following surface waters, for which the District is required by subsection 373.042, F.S., to adopt minimum flows or levels (MFLs) to protect: Lake Brooklyn and Lake Geneva in Clay and Bradford Counties.
Published on: 19430378. The purposes and effects of the proposed rule amendments are to: (1) delete 40C-2.031(1)(e), consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (2) clarify surface water intake diameter in 40C-2.041(1)(e) and 40C-2.041(3)(e); (3) delete the secondary user permit requirement in 40C-2.041(1)(f) and make conforming changes throughout 40C-2; (4) create new requirement that only one consumptive use permit (CUP) application can remain pending at a time, subject to certain exceptions for renewals and letter modifications, in new 40C-2.041(8)-(10); (5) clarify that the general permit by rule for irrigating agricultural crops and nursery plants in 40C-2.042(1) is limited to certain agricultural lands; (6) clarify the irrigation zone for new plantings for the landscape irrigation general permit by rule in 40C-2.042(2)(a)3.b., consistent with existing 40C-2.042(1)(d); (7) amend 40C-2.042(10) to simplify criteria for the environmental restoration and enhancement general permit by rule (GPR) and allow transfer of the GPR to certain local governments; (8) amend 40C-2.042(11) to simplify criteria for the general permit by rule for certain aquifer performance tests (APT); (9) amend 40C-2.042(12) to allow certain grandfathered existing HVAC system wells to be used for domestic heating and cooling, and irrigation of one acre or less of landscape in accordance with 40C-2.042(8), F.A.C., without a return well; (10) create a new general permit by rule for certain temporary emergency water uses in 40C-2.042(13); (11) expand the permit exemption for fire protection in 40C-2.051(9); (12) delete 40C-2.051(11), consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (13) amend 40C-2.101(1)(a) to incorporate an amended Applicant’s Handbook, Consumptive Uses of Water (AH), which amendments are described further below; (14) delete water quality permitting criterion in 40C-2.301(2)(h) to be consistent with the other water management districts, and make conforming changes throughout 40C-2; (15) delete unnecessary limitation on use of permit modifications by letter in 40C-2.331(1)(c)4.; (16) expand use of permit modifications by letter in 40C-2.331(1)(c)7.b. for replacing or relocating certain wells; (17) amend 40C-2.900(7) to clarify Line 4A of incorporated Form No. 40C-2.900(7) (Water Audit Form); and (18) make conforming changes, corrections, and clarifications throughout. The amendments to 40C-2.101(1)(a) and the Applicant’s Handbook, Consumptive Uses of Water (AH) will: (1) delete references to secondary users throughout the Applicant’s Handbook, consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (2) amend the criteria in Section 1.4.3.3(a) for a modification of a permit by letter, consistent with the amendment to 40C-2.331(1)(c); (3) amend Sections 1.4.5.3.2 through 1.4.5.3.4 regarding administrative denials; (4) amend a staff-issued permit threshold in Section 1.4.5.5.2, consistent with the amendment to 40C-2.041(4)(e).; (5) add “market conditions” to the factors listed in Section 1.5.4 for agricultural consumptive use permits for irrigation that will not result in a reduction of the permitted allocation during the term of the permit; (6) delete Sections 2.3(h) and 5.2(f)-(h), consistent with the deletion of 40C-2.301(2)(h); and (7) make conforming changes, corrections, and clarifications throughout, consistent with the amendments to 40C-2 described above.
Published on: 19198742. Rule Development Workshop to discuss and receive public input on proposed rule amendments to chapter 40C-2, F.A.C.
NOTE: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.
; August 3, 2017, 1:00 p.m.-3:00 p.m.; Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177. By July 27, 2017, information on how to attend the rule workshop by telephone will be available at: http://sjrwmd.com/ruledevelopment/ under the Notice of Rule Development column for this rulemaking (CUP Streamlining 2017).