The purpose and effect of this rulemaking will be to amend Rule 40D-2.091, F.A.C., and Section 3.1 of the Southwest Florida Water Management District’s Water Use Permitting Basis of Review to require permit applicants to utilize specific information,...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose and effect of this rulemaking will be to amend Rule 40D-2.091, F.A.C., and Section 3.1 of the Southwest Florida Water Management District’s Water Use Permitting Basis of Review to require permit applicants to utilize specific information, to be requested from and provided by a reuse utility, in an evaluation of the environmental, economic and technical feasibility of the use of reclaimed water to meet all or a portion of the applicant’s needs.
SUMMARY: This rulemaking incorporates an updated version of the District’s Water Use Permit Basis of Review and requires permit applicants to request specific information from a reuse utility to be considered as part of an applicant’s reuse feasibility evaluation.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rulemaking will not result in increased costs to small businesses or other regulated entities as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require a Statement of Estimated Regulatory Costs or legislative ratification. The proposed amendments are being made pursuant to a legislative mandate in Section 373.250, F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705,373.709,373.715 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1-800-423-1476 (FL only), ext. 4702; TDD (FL only) 1-800-231-6103; or email to [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sonya White, Office of General Counsel, Southwest Florida Water Management District, 7601 Highway 301 North, Tampa, FL 33637-6759 [phone] (4660) (OGC #2011030)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.091 Publications and Forms Incorporated by Reference.

 

(1) The following publications are hereby incorporated by reference into this chapter, and are available from the District’s website at www.WaterMatters.org or from the District upon request:

(a) Water Use Permit Information Manual Part B, Basis of Review for Water Use Permit Applications (also referred to as the WUP Basis of Review) (      )(12-12-11).

(b) No change.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10, 4-27-10, 5-26-10, 6-10-10, 6-30-10, 6-16-11, 12-12-11,          .

Water Use Permit Basis of Review

 

Section 3.1 – Reuse Feasibility EvaluationInvestigation

 

Section 373.250, F.S., requires permit applicants to undertake an evaluation of the environmental, economic, and technical feasibility of the use of reclaimed water to meet all or a portion of their needs.   The use of reclaimed water (reuse) shall be required unless it is demonstrated by the applicant that its use is not environmentally, economically, or technically feasible.  The feasibility evaluation shall include the location of reclaimed water sources relative to the location of use, the quantity and timing of reclaimed water availability, costs associated with obtaining the reclaimed water, the suitability of reclaimed water for the intended use, and an implementation schedule for reclaimed water availability.

 

The District will publish and maintain a map on its website, that can be accessed at http://www8.swfwmd.state.fl.us/ReclaimedWaterMapViewer, of areas in which reclaimed water is available or proposed to become available within a five (5) year period.    Applications for withdrawals located in an area in which reclaimed water is or may become available within five (5) years from the date of application shall include written documentation from the reuse utility serving the area indicating whether reclaimed water is available or proposed to become available within the requested permit term.  The reuse utility shall also provide the following information to be used by the applicant in its feasibility evaluation:

 

1)       The location of the nearest reclaimed water distribution line connection point relative to the applicant’s property boundary,

a)       If there is no reclaimed water distribution line connection point adjacent to the property boundary, then:

i)                     An estimate of the distance in feet from the applicant’s property boundary to the nearest potential reclaimed water distribution line connection point.

ii)                   An estimate of the date the reuse utility anticipates the reclaimed water distribution line connection will be available at the applicant’s property boundary.

b)       If reclaimed water is available at the property boundary, then:

i)                     The minimum daily quantity in gallons of reclaimed water supply available from the nearest potential reclaimed water distribution line connection point, as well as expected average monthly supply quantities.

ii)                   The reliability of the potential reclaimed water supply quantities (i.e., on-demand 24/7, or bulk interruptible diurnal or seasonal, length of supply agreement, or other basis).

iii)                  The typical operating pressures at which the reuse utility will provide reclaimed water at the nearest reclaimed water distribution line connection point to the applicant’s property, including any typical seasonal or other fluctuations in the operating pressure.

iv)                 The water quality parameters of the reclaimed water for the constituents that the applicant has identified as pertinent to the intended use.

2)       All costs associated with the applicant’s use of reclaimed water:

a)       The reclaimed water rate(s) the reuse utility would charge the applicant (e.g., the cost per/1000 gallons) and any other periodic, fixed, or minimum charges for use of reclaimed water by the applicant.

b)       The reclaimed water availability charges the reuse utility would charge the applicant in lieu of connection to the reclaimed water distribution system.

c)       Other one-time charges for the connection to the reclaimed water distribution system.

d)       Whether the reuse utility provides funding assistance to offset the costs to connect to the reclaimed water distribution system or assists potential customers in converting their operations to use reclaimed water.

3)       Any additional information the reuse utility considers necessary for the applicant to complete its feasibility evaluation.

 

Reuse utilities shall provide a written response to requests for documentation by permit applicants no later than thirty (30) days after receipt of the request.  If a reuse utility fails to respond to a request for documentation within thirty (30) days, the applicant shall furnish the District with a copy of its request, proof of receipt by the reuse utility, and a statement attesting that the reuse utility failed to provide the requested information.  Upon the failure of a reuse utility to respond to a request for documentation, the applicant shall complete the feasibility evaluation utilizing the best available information.

 

Investigation of the feasibility of the use of reclaimed water (reuse) shall be required for all applicants for and permittees with permits for a standard annual average daily water demand of 100,000 gpd or greater, and reuse shall be required where economically, environmentally and technically feasible. The feasibility investigation shall include an analysis of reclaimed sources for the area including the location of these sources relative to the location of use, the quantity and timing of reclaimed water availability, costs associated with obtaining the reclaimed water, the suitability of reclaimed water for the intended use, and an implementation schedule for reuse. Infeasibilty shall be supported with a detailed explanation.  For those Water Use Permit applicants and permittees also required to undertake reuse feasibility studies investigate reuse pursuant to Section 403.064, F.S., the reuse feasibility study investigation shall be in accordance with Section 403.064, F.S., and any rules promulgated thereunder. Reclaimed water suppliers whose reclaimed water is 100% beneficially reused, reclaimed water users whose water use is 100% reclaimed water, and permittees with a reuse plan already accepted by the District, shall not be required to conduct a reuse feasibility study.

 

All Individual and General Water Use Permit applicants for water uses where reclaimed water is appropriate to meet some or all of the applicant’s demand shall provide documentation from the local wastewater entity that holds a water use permit indicating whether reclaimed water is available or is planned to be available within the requested permit term. Permittees generating reclaimed water shall respond to such requests by permit applicants in a timely manner.  If reclaimed water is available, or is planned to be available within the requested permit term, the local wastewater entity that holds a water use permit shall provide a cost estimate for connection to the permit applicant. If reclaimed water is planned to be available within the requested permit term, the local wastewater entity that holds a water use permit shall provide an estimate of when the reclaimed water will become available. If the wastewater generator does not hold a valid water use permit and does not supply the requested information, the applicant shall be required to prepare a cost-estimate for connection.

Revised 12-30-08, 4-27-10

Permittees capable of using reclaimed water will be required to accept it when it becomes available, provided that the quantity and quality are acceptable for the intended use, as determined by the District. If the reclaimed water generator provides the reuse connection, acceptance is required, provided that the quantity and quality of the reclaimed water are acceptable for the intended use, as determined by the District. If the permittee must pay for all or a part of the cost of connection to the reclaimed water source, the permittee may present an economic feasibility report to the District demonstrating whether connection is feasible.

Revised 12-30-08, 4-27-10.

Small General Water Use Permit applicants who have not incorporated AWS will be required to confirm that there are no Alternative Water Supply sources that are technically, economically and environmentally feasible to use as a water source for the applicant's intended use. Small General Water Use Permits will be conditioned to require that the permittee notify the District of any future connection to an Alternative Water Supply source, and the permit will be modified to require the permittee to use the Alternative Water Supply to the greatest extent practicable.

1-1-03, Revised 12-30-08.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Pettit, Staff Attorney, Southwest Florida Water Management District
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 28, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 21, 2012