40D-2.321. Duration of Permits  


Effective on Tuesday, September 29, 2015
  • 1(1) When requested by an applicant, a WUP 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 in Rule 3740D-2.301, 38F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (rev. 10/15), 51(52https://www.flrules.org/Gateway/reference.asp?No=Ref-0585654), 55for the requested duration.

    59(2) 60If there are pre-existing adverse impacts resulting from the permittee’s existing permit that are being addressed through a mitigation plan that includes a minimum flow and recovery strategy that must be eliminated by the tenth year of the permit, the water use permit shall have a duration of 10 years provided that the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 13240D-2.301, 133F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, 144(rev. 10/15), 146(147https://www.flrules.org/Gateway/reference.asp?No=Ref-05856149), for the permit’s duration. Subsection (3) shall not apply to a permit required to have a 10 year duration pursuant to subsection 17240D-2.321(2), 173F.A.C.

    174(3) Permits that do not qualify for a 20 year permit duration pursuant to subsection 18940D-2.321(1), 190F.A.C., shall 192be issued for a shorter duration that reflects the period for which the applicant has provided sufficient data to demonstrate such reasonable assurances 215that the proposed use meets the conditions for issuance in Rule 22640D-2.301, 227F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (rev. 10/15), 240(241https://www.flrules.org/Gateway/reference.asp?No=Ref-05856243)244.

    245(4) The District is authorized to issue permits for a period up to 50 years in accordance with Section 264373.236(3), F.S.

    266(5) Permits that are modified prior to renewal will maintain the original expiration date unless the applicant requests the modification be deemed by the District to be substantial as described in the WUP Applicant’s Handbook Part B Section 1.4.11, and treated as a renewal with modification. If the District determines that the criteria of the WUP Applicant’s Handbook Part B Section 1.4.11, are met, the application shall be processed as a renewal application with modification. 341Notwithstanding paragraph 34340D-2.331(1)(b), 344F.A.C., a request for modification solely of the permit expiration date of a WUP issued from January 1, 2003 to December 31, 2012, shall be approved by letter, provided a Modification Short Form Application is submitted, the permit is in compliance with the criteria in Rule 39040D-2.301, 391F.A.C. and all conditions of the permit, and the permit does not exceed the applicable permit duration provided in subsection 41140D-2.321(1), 412F.A.C. or is a permit required to have a ten year duration pursuant to subsection 42740D-2.321(2), 428F.A.C.

    429(6) Wholesale Public Supply Permits shall be issued with an expiration date that coincides with the expiration date of the supplier’s permit that provides the majority of the supply to the Wholesale Public Supply Permittee.

    464(7) The District is authorized to issue permits for a period up to 37 years in accordance with Section 483373.236(5)(b), F.S.

    485Rulemaking Authority 487373.044, 488373.103, 489373.113, 490373.171 FS. 492Law Implemented 494373.103, 495373.171, 496373.219, 497373.223, 498373.227, 499373.236, 500373.250 FS. 502History–New 10-5-74, Amended 12-31-74, 10-24-76, 1-6-82, 3-11-82, Formerly 16J-2.13, Amended 10-1-89, 7-28-98, 1-1-03, 1-1-07, 2-13-08, 12-30-08, 6-30-10, 1-1-13, 5-19-14, 9-29-15.

     

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