The purpose of this rule amendment is to incorporate by reference a revised Water Use Permit Information Manual, Part B, “Basis of Review” (BOR). The effect will be to delete former BOR subsection 1.14 Permit Compliance, which describes an outdated ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose of this rule amendment is to incorporate by reference a revised Water Use Permit Information Manual, Part B, “Basis of Review” (BOR). The effect will be to delete former BOR subsection 1.14 Permit Compliance, which describes an outdated permit compliance process.
SUBJECT AREA TO BE ADDRESSED: Water Use Permitting.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40D-2.091  Publications Incorporated by Reference.

The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:

(1) Water Use Permit Information Manual Part B, "Basis of Review (        )(10/07) and Part D, "Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area (1/07);

(2) through (5) No change.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 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,               .

 

Water Use Permit Information Manual

Part B, Basis of Review

1.14 PERMIT COMPLIANCE

Pumpage in excess of the amount permitted is a violation of the permit. The District generally addresses

this violation according to the following procedures.

If over-pumpage is reported, District staff will issue a Notice of Noncompliance and request that the Permittee provide a written response, which includes an explanation of the over-pumpage, within 30 days of issuance of the Notice of Noncompliance, which will be placed in the permit file. If the Permittee timely responds to the Notice of Noncompliance and demonstrates that the recurrence of over-pumpage is due to a calculation or reporting error or a one-time occurrence (such as a pipeline break) and is unlikely to reoccur and no adverse impacts have occurred, the overpumpage will be excused and no enforcement action will be taken. If overpumpage is not due to a calculation or reporting error or other one-time occurrence and is ongoing, the Permittee must include in its written response a description of actions being taken to bring water withdrawals into compliance. Compliance could involve, among other things, reducing pumpage, mitigating any adverse impacts caused by overpumping or obtaining, if permittable, a modification of the permit for an increased withdrawal quantity. If the Permittee does not adequately address the overpumpage and bring pumpage into compliance in a timely manner, further enforcement action will be taken by the District.  Enforcement action includes but is not limited to the assessment of monetary penalties and recovery of District enforcement-related costs. Once corrected, if unexcused overpumpage occurs again during the permit duration, the District will proceed directly to enforcement action. If the District determines that the Permittee is likely to need an increase in the quantity permitted, the Permittee must submit an application for modification of the permit.  If the Permittee continues to exceed the quantities permitted without obtaining a modification, the District may then take appropriate enforcement action. If the permit is due for renewal within 1 year of the violation, and no adverse impacts are expected as a result of the over-pumpage, the modification may be addressed at renewal.

Agricultural water use quantities are determined using the District’s irrigation agricultural water use permitting model. The permitted quantities derived from this model are based on various climatic scenarios a 2-in-10 year drought occurrence. It is therefore anticipated that, because of varying climatic conditions and other factors, an agricultural permittee's water use may vary both below, and occasionally above, the permitted quantity. These factors will be taken into consideration when comparing actual use with permitted quantities.

The District will also issue Notices of Noncompliance and undertake comparable compliance or enforcement action for other permit condition violations, such as nonsubmittal of pumpage meter readings, monitoring and other required reports; and failure to mitigate adverse impacts resulting from water use.