The purpose of the proposed amendment to Rule 62-40.210, F.A.C., is to provide a definition for a new term provided for in the proposed amendments to Rule 62-40.416, F.A.C. The purpose and effect of the proposed amendments to Rule 62-40.416, F.A.C., ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-40.210Definitions

62-40.416Water Reuse and Recycling

PURPOSE AND EFFECT: The purpose of the proposed amendment to Rule 62-40.210, F.A.C., is to provide a definition for a new term provided for in the proposed amendments to Rule 62-40.416, F.A.C. The purpose and effect of the proposed amendments to Rule 62-40.416, F.A.C., is to promote the use of reclaimed water in lieu of higher quality sources where appropriate, and provide clarification to consumptive use permit applicants seeking supplemental water for reuse systems on how they may meet the conditions for issuance.

SUMMARY: In both the addition of a definition in Rule 62-40.210, F.A.C., and the addition of criteria in Rule 62-40.416, F.A.C., the proposed rule amendments provide criteria for the review of consumptive use permit applications to supplement reclaimed water systems with water from other sources.

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 been prepared by the agency.

A copy of the SERC is available from Janet Llewellyn, [e-mail].

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: There are no adverse economic impacts to small business for the rule amendments proposed
herein. Cost savings for the regulated community and water management districts may result due to increased consistency and regulatory certainty. Nevertheless, a SERC has been prepared for Rule 62-40.416, F.A.C.

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: 373.016, 373.019, 373.026(7), 373.036, 373.043, 373.171, 373.223, 373.236 FS.

LAW IMPLEMENTED: 373.016, 373.019, 373.023, 373.026, 373.036, 373.039, 373.0395, 373.042, 373.0421, 373.046, 373.047, 373.103, 373.106, 373.114, 373.145, 373.171, 373.175, 373.203, 373.223, 373.233, 373.236, 373.246, 373.250, 373.403, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 373.703, 403.031, 403.0615(3), 403.064, 403.067, 403.0891 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 12, 2013, 10:00 a.m.

PLACE: Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, FL 32399

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 48 hours before the workshop/meeting by contacting: Janet Llewellyn, [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: Janet Llewellyn, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-40.210 Definitions.

When used in this Cchapter and in the review of rules of the Districts pursuant to Section 373.114(2), F.S., unless the context or content of such District rule requires a narrower, more specific meaning, the following words shall mean:

(1) through (39) No change.

(40) “Supplementation of a reclaimed water system” or “supplementation” means the addition of water by a reuse utility from another source to reclaimed water supplies

(40) through (45) renumbered (41) through (46) No change.

Rulemaking Authority 373.026(7), 373.036, 373.043, 373.171 FS. Law Implemented 373.019, 373.023, 373.026, 373.036, 373.0395, 373.042, 373.0421, 373.046, 373.047, 373.103, 373.106, 373.114, 373.145, 373.171, 373.175, 373.203, 373.223, 373.246, 373.250, 373.403, 373.418, 373.451, 373.453, 403.031, 403.0615(3), 403.064, 403.067, 403.0891 FS. History–New 5-5-81, Formerly 17-40.02, Amended 12-5-88, Formerly 17-40.020, Amended 8-14-90, 12-17-91, Formerly 17-40.210, Amended 7-20-95, 5-7-05, 5-6-13,_________.

 

62-40.416 Water Reuse and Recycling.

(1) through (8) No change.

(9) Supplementation of reclaimed water systems is a strategy that can benefit Florida’s water resources by reducing reliance on traditional water supplies and maximizing the use of reclaimed water.

(a) When use of water for supplementation is requested, as part of the permit application review, the District shall require that an applicant provide reasonable assurance that:

1. The use of water for supplementation will increase the amount of reclaimed water beneficially used, reduce the amount of reclaimed water disposal to the extent practicable, and reduce the need to use higher quality sources for non-potable purposes; and

2. The quantity of water requested for supplementation to achieve the requirements in subparagraph 62-40.416(9)(a)1., F.A.C., has been minimized to the extent environmentally, technically, and economically feasible.

(b) To meet the requirements of subparagraph 62-40.416(9)(a)2., F.A.C., the District shall require a plan from the applicant for the use of supplemental water in the reclaimed water system. The plan shall demonstrate why the requested quantity of water is needed to reasonably meet demands, how it will be used efficiently in the system, and, if applicable, how it will be used to expand the system. The plan shall consider the following elements or explain why an element is not applicable:

1. Use of lower quality water sources;

2. Designation of primary and secondary (interruptible) customers;

3. The appropriate level of certainty to be provided to end users during drought conditions;

4. Financial incentives for voluntary use reductions;

5. Reclaimed water interconnects with other reuse utilities;

6. Providing customers with information explaining the need to conservatively use reclaimed water;

7. Regulatory constraints or requirements on discharges;

8. Demand management when using the supplemental water;

9. Creation of additional storage; and

10. Any other measures identified by the applicant to demonstrate the efficient use of supplemental water.

(c) For the purposes of facilitating supplementation with stormwater to improve water quality in surface or ground waters, a District may adopt alternative criteria for such use in lieu of the requirements in subparagraph 62-40.416(9)(a)2. and paragraph 62-40.416(9)(b), F.A.C.

Rulemaking Authority 373.016, 373.019, 373.026(7), 373.036, 373.043, 373.171, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.039, 373.042, 373.0421, 373.103, 373.171, 373.175, 373.223, 373.233, 373.236, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.703, 403.0615(3), 403.064, 403.0891 FS. History–New 7-20-95, Amended 1-7-97, 5-7-05, 5-6-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet Llewellyn, Policy Administrator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 30, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 3, 2013