Suwannee River Water Management District
RULE NOS.:RULE TITLES:
40B-2.031Implementation
40B-2.041Permits Required
40B-2.301Conditions for Issuance of Permits
40B-2.331Modification of Permits
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 250, December 30, 2013 issue of the Florida Administrative Register.
40B-2.031 Implementation.
(1) An individual water use permitting program became effective on October 1, 1982, and has been implemented throughout the District.
(2) A general water use permitting program, became effective on October 1, 1982, and has been implemented throughout the District.
(3) A minor use permit by rule permitting program became effective on April 14, 2008, and has been implemented throughout the District.
(2)(4) A general water use permit by rule permitting program became effective on [DATE] and has been implemented throughout the District. Upon implementation of this rule, the general water use and minor water use permit by rule permitting programs are hereby repealed on [DATE].
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.103, 373.118, 373.216, 373.226 FS. History–New 10-1-82, Amended 4-14-08, [DATE].
40B-2.041 Permits Required.
(1) Unless expressly exempted by law or District rule, a water use permit must be obtained from the District prior to any use, withdrawal, or diversion of water.
(2) A water user shall obtain one permit for all withdrawals that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same irrigation infrastructure or (b) are operated as a common enterprise. However, when multiple use types, as defined in Rule 40B-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits.
(3) An individual permit is required for any use of water that is non-exempt pursuant to Rule 40B-2.051, F.A.C., and does not qualify for a General Permit by Rule pursuant to subsections (8) and (9) below.
(4) Either the Executive Director or the Assistant Executive Director may approve individual permit applications without a hearing, except:
(a) Any application recommended for denial shall be presented to the Governing Board for final agency action;
(b) All beverage processing regardless of the quantity of the withdrawal or diversion; or
(c) Withdrawals or diversions which are greater than or equal to one million gallons per day average daily rate of withdrawal.
(5) The District hereby incorporates Water Use Permit Application Form 40B-2.041, http://www.flrules.org/Gateway/reference.asp?No=Ref-03716, effective [DATE], and supplemental Forms 40B-2.041A through H, effective [DATE], by reference into this chapter. These application and supplemental forms are available at District headquarters and on the District’s website: www.mysuwanneeriver.com.
(6) To obtain a permit for water uses that require an individual permit, the applicant must complete and submit the Water Use Permit Application Form 40B-2.041 and one or more of the following supplemental forms, as appropriate, for each type of water use, as defined in Rule 40B-2.501, F.A.C., being proposed in the permit application:
(a) Supplemental Form A – Agricultural Use, Form 40B-2.041A, http://www.flrules.org/Gateway/reference.asp?No=Ref-03718, effective [DATE].
(b) Supplemental Form B – Industrial / Commercial, Form 40B-2.041B, http://www.flrules.org/Gateway/reference.asp?No=Ref-03719, effective [DATE].
(c) Supplemental Form C – Landscape / Recreation Use, Form 40B-2.041C, http://www.flrules.org/Gateway/reference.asp?No=Ref-03720, effective [DATE].
(d) Supplemental Form D – Mining / Dewatering Use, Form 40B-2.041D, http://www.flrules.org/Gateway/reference.asp?No=Ref-03721, effective [DATE].
(e) Supplemental Form E – Public Supply Use, Form 40B-2.041E, http://www.flrules.org/Gateway/reference.asp?No=Ref-03722, effective [DATE].
(f) Supplemental Form F – Other Use, Form 40B-2.041F, http://www.flrules.org/Gateway/reference.asp?No=Ref-03723, effective [DATE].
(g) Supplemental Form G – Institutional Use, Form 40B-2.041G, http://www.flrules.org/Gateway/reference.asp?No=Ref-03724, effective [DATE].
(h) Supplemental Form H – Diversion and Impoundment, Form 40B-2.041H, http://www.flrules.org/Gateway/reference.asp?No=Ref-03725, effective [DATE].
These forms are available at District headquarters and on the District’s website: www.mysuwaneeriver.com.
(7) In the event the proposed water use is associated with a project that requires a water well construction permit under Chapter 373, Part III, F.S., and District rules, the water well construction permit shall not be issued until the water use permit has been issued.
(8) The Board hereby grants a General Permit by Rule for all non-exempt consumptive uses of water within the District that satisfy the following criteria:
(a) Have a cumulative average daily use less than 100,000 gallons per day on an annual basis;
(b) Are from facilities having a cumulative withdrawal capacity of less than 1,000,000 gallons per day;
(c) Are from groundwater wells less than eight (8) inches in diameter.
(d) Are from surface water facilities which have a cumulative intake diameter less than six (6) inches.
(e) Are consistent with requirements of any applicable mandatory reuse zones;
(f) Does not exceed any of the specific thresholds identified in subsection (11) of this rule;
(g) None of the applicant’s consumptive uses are for beverage processing;
(h) The water is not transported across water management district boundaries;
(i) All uses shall employ standard water conservation practices for the use type, such as the Districts water conservation requirements in the Water Use Permit Applicant’s Handbook;
(j) In the event of a water shortage as declared by the Board, the permittee shall adhere to all limitations on withdrawal or use ordered by the District pursuant to Chapter 40B-21, F.A.C.; and
(k) The permittee shall allow District personnel access at reasonable times and at District expense, or with District equipment, to monitor withdrawal rates and volumes authorized by this permit.
(9) The Board hereby grants a General Permit by Rule for landscape irrigation uses, provided they meet the criteria specified below:
(a) The average daily use is less than 100,000 gallons per day and the maximum daily use is less than 250,000 gallons per day.
(b) The use is consistent with the requirements of any applicable mandatory reuse zones.
(c) The source of water will be:
1. Withdrawn from a single groundwater well with a uniform casing diameter of four inches or less; or
2. Withdrawn from a single surface water withdrawal point with a pipe diameter of four inches or less; or
3. Withdrawn from a water utility.
(d) For the purpose of this rule, the terms “residential landscape irrigation” and “non-residential landscape irrigation” are defined in this paragraph (d) as follows. “Residential landscape irrigation” means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. “Non-residential landscape irrigation” means the irrigation of landscape not included within the definition of “residential landscape irrigation,” such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. For the purpose of this rule, “address” means the “house number” of the physical location of a specific property. This excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Services to determine a delivery location, the lot number shall be the property’s address. An “even numbered address” means an address ending in the numbers 0, 2, 4, 6, 8 or letters A-M. An “odd numbered address” means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.
1. When Daylight Savings Time is in effect, landscape irrigation shall occur in accordance with the following irrigation schedule:
a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
c. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
d. No more than 3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.
2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:
a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
c. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
d. No more than 3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.
3. Landscape irrigation shall be subject to the following exceptions:
a. Irrigation using a micro-spray, micro-jet, drip, or bubbler irrigation system is allowed anytime.
b. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.
c. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed 1/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices.
d. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per irrigation zone.
e. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day.
f. Discharge of water from a water-to-air air conditioning unit or other water dependent cooling system is not limited by this permit.
g. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods.
h. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.
(e) Any landscape irrigation uses that deviate from these criteria shall be required to obtain a permit in accordance with subsection (11) below.
(10) The General Permit by Rule established in subsections (8) and (9) above shall also be subject to the limiting conditions in Section 5.1 and the applicable limiting conditions for the use type in Section 5.2 of the Water Use Permit Applicant’s Handbook.
(11) Notwithstanding the criteria enumerated in subsections (8) and (9) above, an individual permit is required for all consumptive uses, withdrawals or diversions of water:
(a) when the use of water does not meet the criteria in subsections (8) or (9) above; or
(b) evidence indicates the use is likely to cause adverse impacts to existing water or land uses or the water resources or the withdrawal is within an area that is experiencing withdrawal-related adverse water resource impacts.
(12) Permittees who wish to modify an existing general or individual water use permit to a General Permit by Rule as provided in subsections (8) and (9) above, or who wish to abandon a water use permit, must complete and submit Form 40B-2.041S: Water Use Permit Status Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-03717, effective [DATE], which is hereby incorporated by reference. This form is available at District headquarters and on the District’s website: www.mysuwaneeriver.com.
(13) Any person whose withdrawal otherwise meets the thresholds for a General Permit by Rule as specified in subsections (8) and (9) above may submit an application to obtain an individual permit at their sole discretion.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.103, 373.118, 373.219, 373.226, 373.244 FS. History–New 10-1-82, Amended 5-1-83, 6-16-88, 4-14-08, 1-6-10, [DATE].
40B-2.301 Conditions for Issuance of Permits.
(1) To obtain a water use permit, renewal, or modification, an applicant must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis:
(a) Is a reasonable-beneficial use;
(b) Will not interfere with any presently existing legal use of water; and
(c) Is consistent with the public interest.
(2) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use:
(a) Is a quantity that is necessary for economic and efficient use;
(b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest;
(c) Will utilize a water source that is suitable for the consumptive use;
(d) Will utilize a water source that is capable of producing the requested amount;
(e) Except when the use is for human food preparation and direct human consumption, will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible;
(f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations;
(g) Will not cause harm to the water resources of the area in any of the following ways:
1. Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion;
2. Will not cause harmful water quality impacts from dewatering discharge to receiving waters;
3. Will not cause harmful saline water intrusion or harmful upconing;
4. Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and
5. Will not otherwise cause harmful hydrologic alterations to the water resources of the area.
(h) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and
(i) Will not use water reserved pursuant to subsection 373.223(4), F.S.
(3) The standards and criteria set forth in the Water Use Permit Applicant’s Handbook, http://www.flrules.org/Gateway/reference.asp?No=Ref-03715, effective [DATE], hereby incorporated by reference into this chapter, if met, will provide the reasonable assurances required in Rule 40B-2.301, F.A.C. This document is available at District headquarters or on the District’s website: www.mysuwanneeriver.com.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, 3-24-13, [DATE].
40B-2.331 Modification of Permits.
A permittee may seek modification of an unexpired permit consistent with Rule 40B-1.703, F.A.C.
(1) A permittee may apply for modification by letter to the District if the proposed modification involves water use less than 100,000 gallons per day. Either the Executive Director or the Assistant Executive Director shall approve proposed modifications by letter without a hearing in the following circumstances, except that any request for modification recommended for denial shall be presented to the Governing Board for final agency action:
(a) When a A change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need;
(b) When the The proposed modification would result in a more efficient use of water than is possible under the existing permit; or
(c) When a public water supply permittee achieves demonstrable water savings attributable to implementation of a water conservation plan pursuant to subsection 2.3.2.3(b), Water Use Permit Applicant’s Handbook.
(2) A permittee may apply to modify an existing permit to voluntarily implement the District’s water use monitoring and reporting requirements as set forth in Section 4.1 of the Water Use Permit Applicant’s Handbook. The Governing Board shall determine final agency action on modifications under this paragraph.
(3) All permit modification applications other than under subsection (1) above shall comply with the requirements of Section 373.229, F.S., and shall contain all of the information required by the permit conditions and by Rule 40B-2.101, F.A.C. This shall include all permits that have been previously considered by the Governing Board for issuance.
(4) All requests to modify the terms of an unexpired permit shall be evaluated under the criteria of Rule 40B-2.301, F.A.C., and subject to the limiting conditions in Rule 40B-2.381, F.A.C.
(5) Following the District’s review of a ten-year compliance report, the Governing Board may modify the permit pursuant to subsection 4.4 5.2.10, Water Use Permit Applicant’s Handbook.
(6) The Governing Board shall issue an order to modify an existing use when conditions warrant such action in order to obtain the most beneficial use of the water resources of the state and to protect the public health, safety, and welfare and the interests of the water users affected. Such order must include a finding by the Governing Board that the use proposed to be modified is detrimental to other water users or to the water resources of the state.
(7) In order to promote significant water savings beyond that required to achieve efficient water use in the permitting process, a public water supply permittee implementing a standard water conservation plan or a goal-based water conservation plan shall receive a permit extension for quantifiable water savings attributable to water conservation when the conditions below are met. The permittee may request the extension through a letter modification request.
(a) The permittee must be in compliance with the conditions of its permit.
(b) The permittee must demonstrate quantifiable water savings exceeding those required in the permitting process. Acceptable methods for quantifying water savings include reductions in residential per capita, gross per capita, or per service connection use or replacement of outdoor irrigation from traditional public supply sources with irrigation using alternative water sources. The quantification method used must be consistent with the calculation of demand used to establish the currently permitted allocation.
(c) The permittee must demonstrate a need for the conserved water to meet the projected demand through the term of the extension.
(d) The permittee demonstrates water savings sufficient to qualify for at least one-year permit extension.
(e) The permit extension shall provide only for the modification of the duration of the permit and shall not be used to increase the quantity of the allocation.
(f) A permittee must demonstrate that the water savings were achieved through water conservation and not as a result of population changes, economic or other factors unrelated to conservation. In the absence of these factors, if the permittee demonstrates timely implementation of its District-approved conservation plan, then the water savings shall be attributed to implementation of the conservation plan.
(g) The specific duration of the extension will be calculated based on the quantity of water saved through conservation and the demonstration of water demand based on projected growth, as calculated at the time of the extension request.
(h) A permittee may request an extension no sooner than five years after issuance of the original permit, and be granted extensions no more frequently than every five years thereafter.
(i) For permits with a duration of five years or less, a permittee may request an extension no sooner than one year prior to the original permit expiration date.
(j) Multiple permit extensions may be requested to reflect additional water saved over the term of the permit. However, in no case shall the cumulative duration of all extensions exceed ten years from the original permit expiration date.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.083, 373.171, 373.219, 373.223, 373.229, 373.239, 373.246 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, 3-14-13, [DATE].
