40A-2.021. Definitions

(1) Alternative water supply – a water source that meets the definition in Section 373.019, F.S.

(2) Annual average daily withdrawal – an amount of water that is equal to the total volume of water withdrawn or diverted from all sources during one year divided by 365 days, and expressed in gallons per day (gpd).

(3) Applicant’s Handbook – a document providing additional guidance and direction to applicants and Permittees regarding this rule.

(4) Annual withdrawal – the quantity of water withdrawn or diverted during any 365 day period.

(5) Aquifer remediation use – the withdrawal of groundwater for the authorized removal of contaminants for the purposes of restoring water quality.

(6) Area of Resource Concern – areas delineated on the map contained in Rule 40A-2.902, F.A.C., where resource concerns exist related to water availability, water quality, high anticipated growth in demand or other factors.

(7) Base flow – the sustained or fair-weather streamflow. Base flow is the difference between streamflow (total runoff) and direct runoff. Base flow originates from rainwater that percolates downward to the water table and moves laterally through the groundwater aquifer toward the streams.

(8) Capacity – the amount of water that can be withdrawn or diverted by a ground or surface water pump within a 24-hour period. The capacity of a pump is derived by multiplying the rating of a pump in gallons per minute by 1,440 minutes (24 hours), expressed in gallons per day.

(9) Closed system – an air conditioning/heat pump supply well and return flow well used to inject water carrying no additives into the same permeable zone from which the water was withdrawn by the supply well.

(10) Department – the Florida Department of Environmental Protection.

(11) Disapproved facility – a facility that has been formally disapproved or deemed unsuitable by the District, or Department.

(12) District – the Northwest Florida Water Management District.

(13) District offices – locations staffed by District personnel from which materials incorporated by reference into the rule can be obtained. These are:

District Headquarters, Permitting Section, 152 Water Management Drive, Havana, FL 32333-9700.

(14) Domestic use or domestic consumption – the self-supplied use of water for individual personal household purposes such as drinking, bathing, cooking, sanitation or cleaning, which occurs in a private residence, and includes no more than one rental residence or no more than four non-rental residences served by one well.

(15) Facility – structure that allows for the withdrawal or diversion of water from a particular source. Facilities include, but are not limited to, wells, pumps, pipelines, flumes, canals, ditches, swales, artificial ponds, etc.

(16) Florida-friendly landscaping – a landscaping method detailing nine principles that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant as outlined in Section 373.185, F.S.

(17) General Water Use Permit – a permit granted by rule to an entity for those non-exempt water uses that meet specific criteria outlines in this chapter.

(18) Governing Board – the Governing Board of the Northwest Florida Water Management District created under Section 373.073, F.S.

(19) Harm – harm occurs when a use, diversion or withdrawal causes adverse impact to an existing legal use of water, offsite land use, water resource or environmental feature associated with the resource. De minimus impacts do not constitute harm.

(20) Heating or cooling use – a type of commercial water use involving heating, air-conditioning, or other cooling uses.

(21) Illegally constructed facility – a well constructed or repaired without the appropriate permit having been issued pursuant to Chapter 40A-3, F.A.C., or that is not compliant with the requirements of Chapter 40A-3, F.A.C.

(22) Impact offset ‒ the use of reclaimed water to reduce or eliminate a harmful impact that has occurred or would otherwise occur as a result of other surface water or groundwater withdrawals as described in section 2.2.3.3 of the Water Use Permit Applicant’s Handbook and in subsection 62-40.416(7), F.A.C.

(23) Individual Water Use Permit – a permit granted by the Governing Board or Executive Director, subject to the evaluation and approval of the application pursuant to procedures described in Rule 40A-1.203, F.A.C.

(24) Maximum daily withdrawal – the maximum volume of water withdrawn or diverted during any consecutive 24 hour period, expressed in gallons per day.

(25) Maximum monthly withdrawal – the maximum volume of water withdrawn or diverted during any given month of the year, expressed in gallons.

(26) Minimum flow – the minimum flow for a water course at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

(27) Minimum level – the minimum water level for groundwater in an aquifer or for a surface water body at which further withdrawals would be significantly harmful to the water resources of the area.

(28) Non-potable water use – water not utilized for domestic use, public water supply or other human consumption as defined herein.

(29) Reasonable-beneficial use – the use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest.

(30) Reclaimed water – as defined in Section 373.019, F.S., water that has received at least secondary treatment and basic disinfection, and is reused after flowing out of a wastewater treatment facility.

(31) Secondary use – use of water by an entity, separate from a water supplier (as defined herein), whose source of water, in whole or in part, is from a water supplier.

(32) Substitution credit – the use of reclaimed water to replace all or a portion of an existing permitted use of resource-limited surface water or groundwater, allowing a different user or use to initiate a withdrawal or increase its withdrawal from the same resource-limited surface water or groundwater source, provided that the withdrawal creates no net adverse impact on the limited water resource or creates a net positive impact if required by the district rule as part of a strategy to protect or recover a water resource, as described in section 2.2.3.3 of the Water Use Permit Applicant’s Handbook.

(33) System – two or more water withdrawal or diversion facilities which are derived from or used to serve properties that are physically proximate and either share the same infrastructure or are operated as a common enterprise.

(34) Water Resource Caution Area – a geographic area, officially designated by the Governing Board by rule that is experiencing, or is anticipated to experience within the next 20 years, critical water resource problems as provided by the criteria identified in subsection 40A-2.801(1), F.A.C.

(35) Water supplier – an entity, such as a water utility or regional water authority, that has obtained a water use permit to withdraw water, of which some portion is distributed to another entity for a secondary use.

(36) Water use – the use, diversion or withdrawal of water regulated under this chapter.

(37) Well casing size – the nominal diameter (within 0.5 inch) of the water bearing casing at the upper terminus (e.g., 4-inch well casing means casing 4.5 inches outside diameter as a standard dimension).

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216 FS. History–New 10-1-82, Amended 5-17-83, 3-1-84, 1-5-86, 8-1-89, 5-31-92, 11-2-92, 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 5-29-14, 4-29-15.