To implement revisions related to the statewide effort headed by the Florida Department of Environmental Protection and the five water management districts (WMD’s) to increase consistency in the consumptive use permitting, minimum flows and levels, ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-80.073Comprehensive Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area, and the Hillsborough River Strategy

40D-80.074Regulatory Portion of Recovery Strategy for the Southern Water Use Caution Area

40D-80.075Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area

PURPOSE AND EFFECT: To implement revisions related to the statewide effort headed by the Florida Department of Environmental Protection and the five water management districts (WMD’s) to increase consistency in the consumptive use permitting, minimum flows and levels, and water supply related programs of the WMDs. Chapters 40D-1, 40D-2, 40D-8, 40D-21, and 40D-80, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual Part B are being amended to (1) make the CUP rules less confusing for applicants; (2) treat applicants equitably statewide; (3) provide consistent protection of the environment; (4) streamline the application and permitting process; and (5) incentivize behavior that protects water resources,

including water conservation.

SUMMARY: The proposed amendments include (1) conforming changes to reflect revisions to the SWFWMD’s Water Use Permit Information Manual Part B and (2) conforming technical changes.

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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.

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, 373.171 FS.

LAW IMPLEMENTED: 373.016, 373.023, 373.036, 373.042, 373.0421, 373.171 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: SWFWMD Human Resources Director, [phone], ext. 4702; 1(800)423-1476 (FL only), ext. 4702; or 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: Laura Donaldson, General Counsel, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, [phone] or 1(800)836-0797 (Florida only), [e-mail] or Sonya White, Senior Legal Assistant, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, [phone], (Ext. 4660) or 1(800)836-0797 (Florida only), [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-80.073 Comprehensive Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area, and the Hillsborough River Strategy.

(1) No change.

(2) 90 MGD Facilities, Including Tampa Bay Water’s Central System Facilities.

(a) through (d) No change.

(e) The provisions of subsection 40D-80.073(2), F.A.C., are a comprehensive approach to address unacceptable adverse impacts and MFLs impacts to wetlands, lakes, streams, springs and aquifer levels caused by groundwater withdrawals from 90 MGD Facilities, including the Central System Facilities. This Plan sets forth the criteria to address recovery to MFLs, as well as avoidance and mitigation of unacceptable adverse environmental impacts as described in Sections 4.2, 4.3 and 4.5 in the WUP Applicant’s Handbook Water Use Permit Information Manual Part B, Sections 3.3, 3.4, 3.9.1 and 3.9.3, Basis of Review for Water Use Permit Applications (Basis of Review), incorporated by reference in Rule 40D-2.091, F.A.C. The Comprehensive Plan allows renewal of permits for 90 MGD Facilities, including the Consolidated Permit based, in part, on continued environmental assessment and mitigation, and further development of a plan to avoid or mitigate unacceptable adverse impacts to wetlands, lakes, streams, springs and aquifer levels attributable to groundwater withdrawals from 90 MGD Facilities, including the Central System Facilities.

(f) through (i)  No change.

(3) through (4) No change.

(5) Augmentation Supplemental Hydration of Wetlands and Lakes.

In addition to the reduction of groundwater withdrawals, the development of new water supplies and wellfield operational changes addressed by the Comprehensive Plan, augmentation supplemental hydration of wetlands and lakes that are unacceptably adversely impacted or are below their established Minimum Levels through the use of groundwater in appropriate circumstances will contribute to the attainment of the objective of the Comprehensive Plan. The circumstances under which augmentation supplemental hydration using groundwater will be considered an appropriate recovery mechanism are set forth in WUP Applicant’s Handbook Part B, Section 3.9.3, Sections 4.3 A.1.a.ii.(4) and 4.3 A.1.b. of the Basis of Review For Water Use Permit Applications which is incorporated by reference in Rule 40D-2.091, F.A.C., and is available upon request to the District.

(6) Applications for New Quantities.

Requests for withdrawals of new quantities of water that are projected to impact a water body that which is unacceptably adversely impacted or below its Minimum Flow or Level shall not be approved unless they contribute to the attainment of the objective set forth in the Comprehensive Plan in subsection 40D-80.073(1), F.A.C.

(7) through (8) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036,  373.171, 373.0421 FS. History-New 8-3-00, Amended 8-3-00, 11-25-07, 5-26-10,_________.

 

40D-80.074 Regulatory Portion of Recovery Strategy for the Southern Water Use Caution Area.

(1) No change.

(2) Objectives of Recovery Strategy.

Long-term (as defined in the WUP Applicant’s Handbook Part B, Section 3.9.2, 4.3 A of the Basis of Review for Water Use Permits, incorporated by reference in Rule 40D-2.091, F.A.C.) flow rates and water levels for most MFL water bodies are below the MFLs predominantly because ground water withdrawals have lowered Floridan aquifer levels in the SWUCA. As a result of the lowered aquifer levels, salt water intrusion is occurring, and river flows and lake levels are impacted by reduced water levels, including some of those rivers and lakes for which MFLs have been established. The goals of the District’s Recovery Strategy are the recovery of flows and levels to the MFLs and the provision of sufficient water supplies for all existing and projected reasonable-beneficial uses. The Minimum Flows for rivers are described in Rule 40D-8.041, F.A.C. The Minimum Levels for lakes are described in subsection 40D-8.624(13), F.A.C. The Minimum Levels for aquifers are described in subsection 40D-8.626(2), F.A.C. The District intends to maintain on its website at www.watermatters.org a current listing of those water bodies for which a recovery or prevention strategy is in effect.

(3) through (7) No change.

Rulemaking Authority 120.54, 373.0421, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.036, 373.0395, 373.042, 373.0421, 373.171 FS. History–New 1-1-07, Amended_________.

 

40D-80.075 Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area.

(1) through (2) No change.

(3) Recovery Strategy Mechanisms.

(a) No change.

(b) The water use permitting rules in Chapter 40D-2, F.A.C., and the WUP Applicant’s Handbook Part B, Basis of Review for Water Use Permits, incorporated by reference in Rule 40D-2.091, F.A.C., in particular section 7.4, address groundwater withdrawal impacts, alternative water supplies, frost/freeze protection methods, and resource recovery. In combination, these rules along with the non-regulatory mechanisms are intended to result in recovery to the Minimum Aquifer Level.

(4) Periodic Review of Recovery Strategy. Progress toward achieving the Minimum Aquifer Level will be continuously evaluated, with a comprehensive assessment in 2015. This evaluation will include an assessment of the reduction in groundwater withdrawals used for frost/freeze protection in the Dover/Plant City WUCA and the resulting reduced impact on the Minimum Aquifer Level. If by January 2015 a 10% reduction in groundwater withdrawals for frost/freeze protection from January 2010 quantities has not been achieved, the Recovery Strategy will be reassessed. If by January 2020 a 20% reduction in groundwater withdrawals used for frost/freeze protection has not been achieved or if the Minimum Aquifer Level has not been achieved, the Recovery Strategy will be reassessed. Evaluation of these reduction goals will include the frost/freeze design event specified in Section 7.4 1. of the WUP Applicant’s Handbook Part B, Section 3.9.4.2.2.1. Basis of Review.

(5) The provisions of subsections 40D-80.075(1)-(4), F.A.C., are intended to provide an overview of resource conditions related to the water bodies for which a Minimum Aquifer Level has been established and the components of the Recovery Strategy. The provisions of the permitting rules in Chapter 40D-2 F.A.C., and the WUP Applicant’s Handbook Part B Basis of Review for Water Use Permitting shall control in the event of any conflict or inconsistency with the provisions of subsections 40D-80.075(1)-(4), F.A.C.

Rulemaking Authority 120.54, 373.0421, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.036, 373.042, 373.0421, 373.171 FS. History–New 6-16-11, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Laura Donaldson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 24, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 5, 2013