The purpose and effect of the proposed rule is to: reduce the permitting requirements for water users whose withdrawals pose minimal impact to the water resources, minimize non-potable demands on the potable water supplies, promote use of the lowest ...

WATER MANAGEMENT DISTRICTS
Northwest Florida Water Management District

RULE NO: RULE TITLE
40A-2.051: Exemptions
40A-2.101: Content of Application
40A-2.351: Transfer of Permits
40A-2.381: Limiting Conditions
40A-2.901: Forms
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to: reduce the permitting requirements for water users whose withdrawals pose minimal impact to the water resources, minimize non-potable demands on the potable water supplies, promote use of the lowest quality water suitable for the intended purpose; incorporate forms by reference in the appropriate section or subsection of the rule; and include statutory permit language.
SUMMARY: Rule 40A-2.051, F.A.C., Exemptions – Expand an existing exemption in rule that allows small withdrawals from shallow wells in coastal areas. The current exemption applies to Okaloosa, Walton and Bay counties. A similar exemption allows such withdrawals in Escambia and Santa Rosa Counties. The proposed change will allow such uses in Gulf and Franklin Counties.
Rule 40A-2.101, F.A.C., Content of Application – Distributes forms incorporated by reference into the appropriate subsections of the rule. That, per the current interpretation of subparagraph 120.55(1)(a)4., F.S., being the first subsection in which the form is referenced.
Rule 40A-2.351, F.A.C., Transfer of Permits – Distributes forms incorporated by reference into the appropriate subsections of the rule. That, per the current interpretation of subparagraph 120.55(1)(a)4., F.S., being the first subsection in which the form is referenced.
Rule 40A-2.381, F.A.C., Limiting Conditions – Distributes forms incorporated by reference into the appropriate subsections of the rule. That, per the current interpretation of subparagraph 120.55(1)(a)4., F.S., being the first subsection in which the form is referenced.
Rule 40A-2.901, F.A.C., Forms – Removes inclusive incorporation by reference of forms in the list and allows distribution into the appropriate subsections of the rule. That, per the current interpretation of subparagraph 120.55(1)(a)4., F.S., being the first subsection in which the form is referenced.
NWFWMD Form A2-E – Add the language required by current Florida Statute [373.116(3), F.S.].
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171, 373.216, 373.219, 373.223 FS.
LAW IMPLEMENTED: 373.171, 373.216, 373.219, 373.223 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 30, 2009, 1:25 p.m., ET
PLACE: Northwest Florida Water Management District Headquarters, Governing Board Room, 81 Water Management Drive, Midway, Florida (10 miles west of Tallahassee on U.S. Highway 90)
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 72 hours before the workshop/meeting by contacting: Jean Whitten, Division of Administration, at [phone]. 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: Terri Peterson, Northwest Florida Water Management District, 152 Water Management Drive, Havana, Florida 32333-4711, [phone], fax [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

40A-2.051 Exemptions.

(1) through (5) No change.

(6) An Individual Water Use Permit shall not be required for non-public supply shallow wells four (4) inches or smaller in diameter, withdrawing an annual daily average of 15,000 gallons or less of water from the shallow sand aquifer in the portion of Permit Area A found in the counties of Bay, Franklin, Gulf, Okaloosa, and Walton, and which do not penetrate any competent and continuous confining formation.

(7) through (10) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219 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, 10-1-95, 7-1-98, 1-1-05, 2-27-06,________.

 

40A-2.101 Content of Application.

(1) All Individual Water Use Permit applications shall include one original and one copy of the following:

(a) A completed District application appropriate for the specified use Complete information as required on NWFWMD Form No. A2-A, A2-B, A2-C, or A2-D; all of which are incorporated by reference in Rule 40A-2.901, F.A.C.; either:

1. Consumptive Use Permit Application for a Public Water Supply, NWFWMD Form No. A2-A, effective July 1, 1998;

2. Consumptive Use Permit Application for Agricultural, Aquaculture and Golf Course Water Uses, NWFWMD Form No. A2-B, effective July 1, 1998;

3. Consumptive Use Permit Application for Landscape Uses, NWFWMD Form No. A2-C, effective July 1, 1998; or

4. Consumptive Use Permit Application for Other Uses, NWFWMD Form No. A2-D, effective July 1, 1998.

These forms are hereby incorporated by reference and can be obtained from the District offices in Midway-Gadsden County, Crestview or Marianna or from the District’s website.

(b) through (g) No change.

(2) A permit application shall be accompanied by the appropriate application fee identified in Rule 40A-2.201, F.A.C. Failure to provide the required fee shall result in the denial of the permit request.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109, 373.223, 373.229, 403.0877 FS. History–New 10-1-82; Amended 1-5-86, 5‑31‑92, 11‑2‑92, 11-1-93, 10-1-95, 7-1-98,________.

 

40A-2.351 Transfer of Permits.

(1) An Individual Water Use Permit shall be transferred by the Executive Director at the request of the Permittee provided the source, use, and withdrawal amounts remain the same;, the request is made in writing on NWFWMD Form No. A2‑F, (Request for Consumptive Use Permit Transfer, effective May 31, 1992) hereby incorporated by reference and available from the District offices in Midway-Gadsden County, Crestview or Marianna or from the District’s website; and is accompanied by the required processing fee. All terms and conditions of the permit being transferred shall be binding on the transferee.

(2) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109, 373.118, 373.216, 373.219 FS. History–New 10-1-82, Amended 5-31-92, 11-1-93, 10-1-95,________.

 

40A-2.381 Limiting Conditions.

(1) No change.

(2) In addition to specific or special conditions stipulated by the Board, the terms and standard conditions enumerated in the District’s permit document, NWFWMD Form No. A2-E, hereby incorporated by reference, are made part of all permits.

(3) If water use reporting is required, the permittee shall submit the data required on the form specified in the permit. Either:

(a) Annual Water Use Reporting Form, NWFWMD Form No. A2-G, effective July 1, 1998;

(b) Periodic Water Use Reporting Form, NWFWMD Form No. A2-H, effective July 1, 1998; or

(c) Water Use Summary Reporting Form, NWFWMD Form No. A2-I effective July 1, 1998.

These forms are hereby incorporated by reference and can be obtained from the District offices in Midway-Gadsden County, Crestview or Marianna or from the District’s website.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.219, 373.223, 373.250, 373.042 FS. History–New 1-5-86, Amended 5-31-92, 10-1-95,________.

 

40A-2.901 Forms.

(1) The following forms are used in the implementation of this Chapter and are hereby incorporated by reference:

(a) through (d) No change.

(e) Individual Water Use Permit Document, NWFWMD Form No. A2-E, effective ________October 1, 1995.

(f) through (i) No change.

(2) These forms are available at the following District offices:

(a) through (c) No change.

Rulemaking Specific Authority 373.044, 373.171 FS. Law Implemented 373.116, 373.219, 373.229 FS. History–New 10‑1‑82, Amended 1-5-86, 8-1-89, 5-31-92, 10-1-95, 7-1-98,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Angela Chelette, Chief, Bureau of Ground Water Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Northwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 12, 2008