40A-2.331. Modification of Permits

(1) A permittee may seek modification of any terms of an unexpired permit pursuant to Section 373.239, F.S.

(2) The District shall modify a permit, or delete or modify any limiting conditions on a permit, to insure the continued reasonable-beneficial use of water or to protect the water resources of the District.

(3) Modifications shall be requested by either:

(a) Formal application, using the appropriate application forms incorporated in subsection 40A-2.101(1), F.A.C., and including the appropriate fee. Formal modification applications that are made in the last year of the permit term shall be processed as a renewal application with modification, if renewal of the permit is desired by the permittee. Upon request and documentation by the permittee, modification applications that are deemed by the District to be substantial, as described in the Water Use Permit Applicant’s Handbook section 1.4.4.1, shall be processed as a renewal application with modification. A request for formal modification shall be treated as a new application and shall be reviewed in accordance with the rules in effect at the time the modification application is filed.

(b) Letter request, on the Water Use Permit Letter Modification Request Form, Form No. 161, effective May 29, 2014, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03863), which is hereby incorporated by reference into this section and available from the District’s website (nwfwater.com) or from District offices, including a description of the proposed modification and the appropriate fees. Letter requests can be utilized provided that:

1. The proposed modification involves water use of less than 100,000 gallons per day and the permittee establishes that a change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need or that the proposed modification would result in a more efficient utilization of water than is possible under the existing permit;

2. The annual average daily withdrawal or diversion will not increase by more than 10% of the total permitted quantity;

3. The total permitted withdrawal or diversion from any surface water body, including the proposed modification, will not exceed 10% of the baseflow or storage volume of the waterbody;

4. The use(s) of the water will not change, except to discontinue and remove any use(s);

5. The source(s) of water will not change, except to add reuse;

6. The modification does not cause the permit to exceed any delegation limits set by the Governing Board for final agency action at staff level;

7. The proposed changes would not cause impacts beyond those considered in the initial permit;

8. The proposed modification will not affect a Reservation of Water identified in Rule 40A-2.223, F.A.C., or affect an established Minimum Flow or Level;

9. The proposed modification will not extend a permit duration, except as provided for in Rule 40A-2.321, F.A.C., as incentive for water conservation; and,

10. Well replacements must be constructed within the same aquifer unit, be located within 300 feet of the original well, be located at least 300 feet from wetlands, lakes, and springs, and have a pumping capacity less than or equal to the original well.

(c) There is no limit to the number of letter modifications that a permittee may request during a permit term, provided that the sum total of the withdrawal or diversion quantity modifications do not exceed the limits specified in paragraph (3)(b) above.

(d) A request for modification by letter in accordance with paragraph (3)(b) above need only provide information and meet the conditions for issuance in Rule 40A-2.301, F.A.C., that relate to the modification request, in accordance with Section 373.239(2), F.S. A permit which has expired or which has been revoked shall not be subject to modification.

(e) If the District determines that a request for letter modification does not meet the qualifications stated above, the applicant will be informed that the desired changes must be made through the formal modification process.

(f) Approval authority for letter modification requests shall rest with the Executive Director and be exercised without a hearing. If a request for a letter modification is not authorized by the Executive Director, the Permittee may, at his discretion, apply for formal modification of the permit.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.223, 373.239 FS. History–New 10-1-82, Amended 1-5-86, 10-1-95, 7-1-98, 5-29-14, 4-29-15.