Exemptions, No-Notice General Permit by Rule, Publications Incorporated by Reference, Modification of Permits  

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    WATER MANAGEMENT DISTRICTS
    South Florida Water Management District

    RULE NO: RULE TITLE
    40E-2.051: Exemptions
    40E-2.061: No-Notice General Permit by Rule
    40E-2.091: Publications Incorporated by Reference
    40E-2.331: Modification 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. 34 No. 45, November 7, 2008 issue of the Florida Administrative Weekly.

    40E-2.051 Exemptions.

    (1) through (2) No change.

    Rulemaking Specific Authority 373.044, 373.113, 373.171, FS. Law Implemented 373.219 FS. History–New 9-3-81, Formerly 16K-2.025, Amended 2-24-85, 4-20-94,________.

     

    40E-2.061 No-Notice General Permit by Rule.

    (1) The Board hereby grants a general water use permit by rule to each person that does not otherwise require a consumptive use permit, within the District to use, withdraw, or divert water at a single family dwelling or duplex including but not limited to home lawn and ornamental irrigation, car washing, and other incidental outdoor uses provided that water is obtained from a single on-site one withdrawal facility, such as a private irrigation well or surface water diversion, for each single family dwelling or duplex, provided that landscape irrigation is conducted in accordance with Chapters 40E-21 and 40E-24, F.A.C., or with any approved variance, and that the amount of water used is limited to only that necessary for efficient utilization.

    (2) No change.

    (3) When reclaimed water is available, the use of a private irrigation well or surface water diversion for home lawn and ornamental irrigation is not authorized under this section. Reclaimed water is deemed available when reclaimed water is provided by a utility through a point of connection at the property boundary. As a condition of this permit, each person issued pursuant to this rule, each person shall comply with Chapters 40E-21 and 40E-24, F.A.C.

    (4) No change.

    (5) This no notice general permit by rule does not apply to domestic uses of water, such as water used for household purposes of drinking, bathing, cooking, sanitation, or other indoor uses, at single family dwellings and duplexes, which are addressed by subsection 40E-2.051(1), F.A.C.

    Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.118, 373.219, 373.223 FS. History–New ________.

     

    40E-2.091 Publications Incorporated by Reference.

    The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – _______ July 2, 2009”, is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

    Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09,________.

     

    “Basis of Review for Water Use Permit Applications Within the South Florida Water Management District”, incorporated by reference in Rule 40E-2.091, F.A.C.

    Section 2.6.1(A)

    All public water supply utilities applying for an individual permit are required to develop and implement a water conservation plan. The water conservation elements of each plan need to be identified as part of the application. A timetable outlining the implementation schedule of each of the required water conservation elements will be required to be submitted or shown to already exist prior to issuance or renewal of a public water supply water use permit. The conservation plan shall be prepared and implemented for the service area incorporating, at a minimum, the following mandatory components. For those components which require ordinance adoption, such ordinance should incorporate the entire boundary of the enacting jurisdiction. The Permittee shall provide a copy of the ordinances for each of the mandatory elements for which ordinances are adopted. The mandatory water conservation elements are as follows:

    A. The limitation of all lawn and ornamental irrigation to the hours and days specified in Rule 40E-24.201, F.A.C., or alternative landscape irrigation conservation measures which have been approved by the District pursuant to Rule 40E-24.301, F.A.C.

    B. through I. No change.

     

    40E-2.331 Modification of Permits.

    (1) through 4.(b) No change.

    Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 9-31-81, Formerly 16K-2.09(1), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 8-1-02, 4-23-07, 2-13-08, 7-2-09,________.