Publications Incorporated by Reference, Content of Application

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
40D-2.101: Content of Application

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. 35 No. 43, October 30, 2009 issue of the Florida Administrative Weekly.

Changes are made to address comments received from the Joint Administrative Procedures Committee on the rules referred to as “Enhanced Conservation rules”. The Enhanced Conservation rules consist of amendments to Rules 40D-1.659, 40D-2.021, 40D-2.091, 40D-2.101, and 40D-2.321, F.A.C. A separate notice of withdrawal for the amendments proposed to Rule 40D-2.321, F.A.C., which were published in Vol. 35, No. 43, October 30, 2009, is being published on March 5, 2010. The withdrawn amendments are being consolidated with the amendments to the same rule that are included in the rulemaking referred to as the “20-Year WUP rules”. A notice of change being published on March 5, 2010, to the 20-Year WUP rules will include those amendments. Other changes to the Enhanced Conservation rules are as follows:

40D-2.091 Publications Incorporated by Reference.

(1) No change.

(2)(a) through (j) No change.

(k) Florida Department of Environmental Protection’s Landscape Guidance: Models for Ordinances, Covenants, and Restrictions, 1/09;

(l) Landscape Irrigation and Florida Friendly Design Standards, dated December 2006; and

(m) University of Florida’s Institute of Food and Agricultural Science’s Department of Fisheries and Aquatic Sciences publication “Regulations Pertaining to Non-native Fish in Florida Aquaculture (FA121).

Rulemaking Authority 373.044, 373.113, 373.118, 373.171, FS. Law Implemented 373.036, 373.0361, 373.0363, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.1963, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250 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, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09 8-30-09, 11-2-09,________.

 

40D-2.101 Content of Application.

(1) through (6) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363, 373.116, 373.117, 373.1175, 373.216, 373.229, 373.236 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-8, Formerly 16J-2.06. Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07, 09-10-08, 7-1-09, 8-30-09 10-26-09,________.

 

The following document is incorporated by reference in 40D-2.091, F.A.C. and is being revised simultaneously with the above rule amendments.

Water Use Permit Information Manual

Part B, Basis of Review

1. 0 PERMITTING PROCEDURES

The amendments proposed to Section 1.9 Permit Duration are deleted.

The following provisions of Chapter 3.0 are proposed to be changed:

3.0 REASONABLE WATER NEEDS

The following changes are made to the provisions of Section 3.3 Agriculture indicated below:

3.3  AGRICULTURE

Water Conservation Practices for Aquaculture Uses

1. through 5. No change.

6. Utilize other conservation practices as identified by the University of Florida’s Institute of Food and Agricultural Science’s Department of Fisheries and Aquatic Sciences publication “Regulations Pertaining to Non-native Fish in Florida Aquaculture (FA121).,” incorporated herein by reference.

New ______

The following changes are made to the provisions of Section 3.6 Public Supply indicated below:

3.6  PUBLIC SUPPLY

APPLICANT CONSIDERATIONS

DEMAND

In order to accurately calculate demand, public supply Applicants must identify the demand for each of the uses listed in this section. Examples of the iInformation typically required to demonstrate reasonable demand for each component may include the number, type, and size of service connections; past monthly pumpage records by use type; projected permanent and temporal population data for the service area; data on the specific uses; development projections; and data specific to the forecasting models used. All required demand information is described in this section. Demand quantities shall should be based on quantities required by end-use customers, not withdrawal quantities. The quantities must be expressed in average annual gallons per day for each component of demand.

Revised 1-20-09, _______

COMMON AREAS DEVELOPED BY NON-GOVERNMENTAL ENTITIES

Non-governmental applicants for a General or Individual Water Use Permit for water supply for a residential development shall identify existing and proposed acreage of Common Areas on the application and demonstrate the following:

1. through 2. No change.

3. The local government responsible for the issuance of building permits for the project has adopted an ordinance incorporating the principles of Florida-friendly landscaping; or, the applicant will implement landscaping consistent with Section 373.185, F.S. The applicant may demonstrate consistency with Section 373.185, F.S., by establishing that the applicant has implemented, or commits to implement, or that the applicable local government has adopted the Florida Department of Environmental Protection’s Landscape Guidance: Models for Ordinances, Covenants, and Restrictions, 1/09, developed pursuant to Section 373.185, F.S. which is incorporated herein by reference., as may be updated from time to time, and this District’s supplements thereto.

4. No change.

For non-governmental Public Water Supply Utility applications that include quantities for residential developments after (effective date), demand for Common Area irrigation shall be met within the allowable per capita allocation.

New______

CONSERVATION PLAN REQUIREMENTS

Permits For 100,000 Gpd Or Greater

All applicants for a new, renewal of, or modification of (except applicants for a Letter Modification) permits for 100,000 gpd or greater for public supply shall submit a conservation plan as part of the application that demonstrates that it will provide for and increase efficiency of use by implementing environmentally, technically and economically feasible water conservation practices. At a minimum, the plan shall include a description of how each water conservation practice listed below under the heading Minimum Water Conservation Practices for Public Supply Use is or will be addressed and its actual or expected implementation date.

Progress reports shall be due with the Annual Report.

Minimum Water Conservation Practices for Public Supply Use

1. through 3. No change.

4. Proposed and ongoing water conservation measures and programs, the scheduled implementation dates, and an estimate of the cost and anticipated water savings for each proposed and additional measure and program. A description or a copy of these measures and programs, shall be included in the conservation plan and an identification of which, if any, were derived from the “Conserve Florida Water Conservation Guide” published by the Conserve Florida Water Clearinghouse at www.conservefloridawater.org.

5. Water conserving irrigation practices including:

(a) through (b) No change.

(c) Implement Florida Friendly landscape principles and components consistent with Section 373.185, F.S. Consistency with Section 373.185, F.S., may be demonstrated by adoption by ordinances or covenants, as applicable, of the Florida Department of Environmental Protection’s Landscape Guidance: Models for Ordinances, Covenants, and Restrictions, 1/09, developed pursuant to Section 373.185, F.S., which is incorporated by reference in subparagraph 3. of the Common Areas Developed by Non-Governmental Entities section above of this Basis of Review, as may be updated from time to time, and this District’s supplements thereto.;

(d) through (g) No change.

Water Use Annual Report For Permits Less than 100,000 gpd

All public supply permittees with a permit for less than 100,000 gpd shall submit the following information, as previously defined in the section entitled “PER CAPITA DAILY WATER USE”, using the form Public Supply Water Use Annual Report For General Water Use Permits Less Than 100,000 gpd, Form No. LEG -R.047.00 (07/09) incorporated by reference in subsection 40D-2.091(2), F.A.C., covering the preceding calendar year. Two identical copies of the Report and two identical copies of all required supporting documentation shall be included if submitted in hard copy. This report is due no later than April 1. “Identical copy” in this instance means, for example, that when the original is in color, then all copies shall also be printed in color.

1. through 4. No change.

5. Functional population (FP). Functional Population is the served permanent population as adjusted by the seasonal resident, tourist, group quarters and net commuter population within a utility’s service area as determined in accordance with “Requirements for the Estimation of Permanent and Temporal Service Area Populations,” dated January 20, 2009 1, 2007, as set forth in Part D of the Water Use Permit Information Manual, incorporated herein by reference. See the paragraph titled “SERVICE AREA FUNCTIONAL POPULATION ESTIMATES” for further information.

6. through 7. No change.

New ________

The following changes are made to the provisions in Section 3.7 Recreation or Aesthetic indicated below:

3.7  RECREATION OR AESTHETIC

The changes to the paragraph titled “Irrigation of Roughs” will now be as follows:

GOLF COURSE CONSERVATION – ADDITIONAL REQUIREMENTS WITHIN THE SWUCA

Irrigation Of Roughs – Roughs are areas outside of the designated play area (fairway, tees, greens). Since January 1, 2006, quantities have not been allocated for irrigation of roughs for golf courses with withdrawal points in a WUCA. Quantities will not be allocated for irrigation of roughs for Irrigation of roughs shall be eliminated for all golf courses with withdrawal points within SWUCA but not previously in the Eastern Tampa Bay Water Use Caution Area or the Highlands Ridge Water Use Caution Area by January 1, 2006. All all other golf courses by January 1, 2012. However, in all areas, If a permittee demonstrates that drought-tolerant landscaping has been utilized in the roughs, the permittee may irrigate the roughs using quantities permitted for the tees, greens, and fairways. The amount of permitted ground or surface water plus alternative water supply applied to the entire golf course shall not exceed reasonable-beneficial quantities for tees, greens and fairways alone. Separate quantities for rough irrigation will not be allocated. However, Aan applicant may request prior approval from the District to use roughs as wet weather reclaimed water disposal sites.

1-1-03, Revised Amended 1-1-07,_________.

The following changes are made to the provisions of Section 5.1 of Chapter 5.0 Monitoring indicated below:

5.0. MONITORING REQUIREMENTS

The changes to the paragraph titled “Irrigation of Roughs” will now be as follows:

5.1  WITHDRAWAL QUANTITY

Individual and General Water Use permittees will be required to monitor the quantity of water withdrawn from any source in accordance with the guidelines described in this section. Monitoring of actual pumpage provides a means to develop historical records in order to accurately project future reasonable demand, assess impacts to the resource and existing water and land uses, and ensure that quantities withdrawn do not exceed permitted pumpage. Monitoring methods must maintain plus or minus 5% accuracy, and must be approved by the District. Permittees shall use direct flow measuring devices unless the District determines direct methods are inappropriate for the particular water use system.

Permittees shall monitor withdrawal quantities from each withdrawal point and provide meter readings to the District at a frequency to be prescribed by permit conditions when:

1.     Issued an Individual Water Use Permit;

2.     Issued a General Water Use Permit for public supply use;

3.     Issued a General Water Use Permit and one or more of the withdrawal points is located within the SWUCA or NTBWUCA; or

4.     The District determines that there is a potential for harm to the resource or potential for adverse impacts to existing users.

The District will provide and install flow meters on agricultural withdrawal points where the Permittee’s total permitted quantity is greater than or equal to 500,000 gpd annual average withdrawal. This provision shall apply only to those agricultural withdrawal points in existence prior to October 1, 1989, which are not equipped with totalizing flow meters that provide plus or minus 5% accuracy. The District may provide other flow measuring devices if appropriate. Agricultural permit applicants who submit an application on or after October 1, 1989, and any existing agricultural Permittees who have not installed permitted withdrawal points prior to October 1, 1989, shall provide and install flow meters at their expense. The cost of operation and maintenance of all meters and reporting of data shall be the responsibility of the Permittee.

Monitored Permittees shall, upon request of the District, provide the District an opportunity to perform measurements of flow during system operation. The District will ensure that the measurements are made in a manner that does not interfere with the Permittee’s water use activities.

Ordinarily, withdrawal quantities shall be totalized on a monthly basis and reported to the District by the tenth day of the following month. However, for intense uses such as frost/freeze protection, or for stream withdrawals, a Permittee may be required to totalize pumpage on a daily basis from each withdrawal point and report the daily withdrawal quantities to the District on a monthly basis.

Revised 12-30-08, ________.

The following provisions of Chapter 6.0 are proposed to be changed:

6.0 PERMIT CONDITIONS

6.5 6.6            SWUCA PERMIT CONDITIONS

The proposed special condition “Notice of Recovery Strategy” is changed as follows:

Notice of Recovery Strategy

Condition: This Permit is located within the Southern Water Use Caution Area (SWUCA). Pursuant to Section 373.0421, Florida Statutes, the SWUCA is subject to a minimum flows and levels recovery strategy, which became effective on January 1, 2007. As set forth in subsection 40D-80.074(5), Florida Administrative Code, the recovery strategy, including water use permitting rules, are subject to change based on, among other criteria, tThe Governing Board’s amend the recovery strategy, including amending applicable water use permitting rules, based on an annual assessment of water resource criteria, cumulative water withdrawal impacts, and on a recurring five-year evaluation of the status of the recovery strategy up to the year 2025 as described in Chapter 40D-80, Florida Administrative Code. This Permit is subject to modification to comply with new rules.

Discussion: The above condition is required to be applied to all permits located in the SWUCA.

6.6  ALTERNATIVE WATER SUPPLIES

The “Discussion” related to special condition “2. Modification to Incorporate Alternative Water Supplies” is now changed as follows:

2.     Modification to Incorporate Alternative Water Supplies

Discussion:    Put on all SWUCA permits that include alternative water supplies required when any or all withdrawals have been discontinued from the ground water or natural surface water body (primary source) due to use of an alternative source.