Definitions, Water Conservation, Water Reuse and Recycling  





    62-40.412Water Conservation

    62-40.416Water Reuse and Recycling


    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. 38, No. 99, December 28, 2012 issue of the Florida Administrative Register and, for Rule 62-40.412, F.A.C., only, in the Notice of Change published in the February 8, 2013 issue of the Florida Administrative Register.


    62-40.210 Definitions.

    When used in this Chapter 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 (17) No change.

    (18) “Impact Offset” is defined in Section 373.250, F.S. means the use of reclaimed water to reduce or eliminate a harmful impact that has occurred or would otherwise occur as a result of a proposed surface water or groundwater withdrawal.

    (19) through (39) No change.

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

    (41) through (46) renumbered (40) through (45) 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, _________.


    62-40.412 Water Conservation.

    (1) through (3) No change.

    (4)              In order to incentivize conservation of water, if actual water use is less than permitted water use due to documented implementation of water conservation measures, the permitted allocation shall not be modified by the District due to these circumstances during the term of the permit to reduce the permitted allocation by the conserved amount. Nothing in this subsection shall be construed to alter the Districts’ authority to reduce permitted consumptive use under circumstances not addressed by this subsection.


    Rulemaking Authority 373.016, 373.019, 373.026, 373.043, 373.036, 373.171, 373.219, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.103, 373.145, 373.171, 373.175, 373.219, 373.223, 373.227, 373.236, 373.246, 373.250, 373.418, 373.621, 373.703, 373.711, 403.064, 403.0891 FS. History - New 7-20-95, Amended 1-7-97, 5-7-05, _________.


    62-40.416 Water Reuse and Recycling.

    (1) through (6) No change.

    (7)              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 determining whether the use of water for supplementation is reasonable-beneficial and consistent with the public interest, the Districts shall recognize the benefits of supplementation as well as evaluate whether the requested supplementation quantity is needed to achieve such benefits.

    (b)When use of water for supplementation is requested, the Districts shall require a reclaimed water supplementation plan from an applicant. This plan shall demonstrate why the requested quantity of water is needed to efficiently operate or expand the reclaimed water system. The plan shall consider:

    1.Use of lower quality water sources;

    2.Pressure reduction;

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

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

    5.Financial incentives for voluntary use reductions;

    6.Reclaimed water interconnects with adjacent communities;

    7.Providing customers with written information supporting the need to conservatively use reclaimed water;

    8.Regulatory constraints or requirements on discharges;

    9.Demand management;

    10.Creation of additional storage; and

    11.Any other measures identified by the applicant or District to efficiently operate or expand the reclaimed water system.

    (c)The use of water for supplementation shall be approved provided the applicant demonstrates that:

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

    2.The quantity of water requested for supplementation to achieve the benefits in (c)(1) has been minimized to the extent environmentally, technically and economically feasible; and

    3.The conditions for permit issuance are met.

    (7)(8) No change.

    (8)(9) In areas where withdrawals are unable to meet the conditions for permit issuance due to resource limitations, an applicant may propose the use of a substitution credit derived from the use of reclaimed water as part of a permit application. Such resource-limited areas include, but are not limited to, areas where a District has adopted rules limiting withdrawals from a specified water resource within a geographic area, and areas where withdrawals are limited by an adopted minimum flow or level or the associated recovery or prevention strategy.

    (a) through (c) No change.

    (d)The benefit of a substitution credit, or a portion thereof, shall accrue to the reuse utility providing the reclaimed water, or one or more entities designated by the reuse utility, provided the reuse utility or designated entity demonstrates a demand for the water and meets the conditions for permit issuance. If the reuse utility or designated entity cannot demonstrate a demand for all of the water made available by the reduction in the permitted withdrawal substitution credit, any remaining water shall be available for use allocation in accordance with District rules.

    (e) through (h) No change.

    Rulemaking Authority 373.016, 373.019, 373.026(7), 373.036, 373.043, 373.036, 373.171, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 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, 403.064, 403.0891 FS. History - New 7-20-95, Amended 5-7-05, 5-7-06, __________.