This second Notice of Proposed Rule Development will address the development and amendment of consumptive use permit criteria and conditions for public water supply applicants and other similar applicants withdrawing groundwater in Central Florida, ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-20.011: Policy and Purpose
40E-20.091: Publications Incorporated by Reference
40E-20.301: Conditions for Issuance of General Water Use Permits
40E-20.302: Types of General Water Use Permits
40E-20.321: Duration of General Water Use Permits
40E-20.331: Modification of General Water Use Permits
40E-20.381: Limiting Conditions
PURPOSE AND EFFECT: This second Notice of Proposed Rule Development will address the development and amendment of consumptive use permit criteria and conditions for public water supply applicants and other similar applicants withdrawing groundwater in Central Florida, including, Orange, Osceola and Polk Counties. The first Notice of Proposed Rule Development was published in the Florida Administrative Weekly on November 3, 2006, Vol. 32, No. 44, page 5132, addressed only public water supply applicants. However, in response to comments received in the ongoing rule development process, the proposed rule development has been expanded to include “other similar applicants”. This rule development will be coordinated with similar rule development by the St. Johns River Water Management District in Orange, Osceola, and Seminole Counties and southern Lake County, and the Southwest Florida Water Management District in Polk County. This rule development will propose rule amendments to Chapters 40E-2 and 40E-20, F.A.C., and the “Basis of Review for Water Use Permit Applications Within the South Florida Water Management District” to address the three Districts’ joint conclusion that: (1) sustainable quantities of groundwater in Central Florida are insufficient to meet future public water supply applicants' and other similar applicants' demands; and (2) that there is an immediate need to develop and implement alternative water supply projects in Central Florida to supplement groundwater supplies.
The legal description of the affected Central Florida area, called the Central Florida Coordination Area (CFCA), will be included in the “Basis of Review for Water Use Permit Applications Within the South Florida Water Management District”. Under the proposed rules, water supply utilities and other similar applicants proposing to withdraw groundwater in the CFCA will generally be restricted to demonstrated 2013 demands. Such an applicant may be issued a permit with a duration of up to 20 years for the 2013 allocation if the applicant will develop at least one alternative water supply (AWS) project to supply its water demands above 2013 demand levels. Alternatively, the applicant may demonstrate that AWS development is infeasible for all the increase above its 2013 demand. In this case, the applicant must maximize use of AWS for as much of the increase as is feasible and must use AWS for the remainder of the increase when provided by others, to the extent feasible. A public supply utility or other similar applicant will be restricted to a permit duration of no more than December 31, 2013, if the applicant does not develop AWS or use AWS to meet as much of the increase above its 2013 demand as is feasible. The relationship between the Basis of Review and Rule 40E-20.301, F.A.C., will be clarified.
SUBJECT AREA TO BE ADDRESSED: Consumptive use permit criteria and conditions applicable to water supply applicants and other similar applicants withdrawing groundwater in the Central Florida Coordination Area. The proposed rule amendments will contain definitions of key terms such as CFCA AWS, other similar applicant, and public supply utility. A description of special CFCA permit conditions will also be proposed. Many of the proposed amendments will be made in the Basis of Review. A clarification regarding the relationship between the Basis of Review and Rule 40E-20.301, F.A.C., will also be provided.
SPECIFIC AUTHORITY: 373.044, 373.083, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.083, 373.103(4), 373.118, 373.219, 373.223, 373.229, 373.236, 373.239 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 4, 2007, 10:00 a.m. – 12:00 p.m.
PLACE: Orange County Commission Chambers, First Floor, 201 Rosalind Avenue, Orlando, FL
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: Clerk of the South Florida Water Management District, [phone], ext. 2087, or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, [phone] (TDD) or [phone] (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Beth Ross, Senior Specialist Attorney, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 6753 or [phone], e-mail: [e-mail]. For procedural questions, contact Jan Sluth, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 6299 or [phone], e-mail: [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-20.011 Policy and Purpose.

(1) No change.

(2) District staff shall take final agency action on applications submitted under this rule pursuant to Section 373.118, F.S., and this chapter. If an application for any proposed water use does not meet the provisions of this chapter, the District will provide the permit applicant with the option to either withdraw the general permit application, or supply the additional information and fee required for an individual permit. In the event one of these options is not selected, staff will recommend that the Governing Board deny the general permit application. Where applicable, criteria in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District –________, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C., will be utilized to determine whether the conditions for issuance in Rule 40E-20.301, F.A.C., are satisfied.

Specific Authority 373.044, 373.083, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.083, 373.103(4), 373.118, 373.219 FS. History–New 9-3-81, Formerly 16K-2.032(4), 16K-3.031(4), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 8-31-03, ________.

 

40E-20.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – ________, 2007 August 31, 2003”, is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.223, 373.229 FS. History–New 8-14-02, Amended 8-31-03, ________.

 

(Note: The proposed amendments to the “Basis of Review for Water Use Permit Applications Within the South Florida Water Management District, August 31, 2003” are provided in the Notice of Proposed Rule for Chapter 40E-2, F.A.C., published within this edition of the Florida Administrative Weekly.)

40E-20.301 Conditions for Issuance of General Water Use Permits.

(1)(a) through (g) No change.

(h) For uses with a recommended maximum allocation which exceeds 3 million gallons per month, makes use of a reclaimed water source in accordance with the criteria contained in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District –________, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C.

(i) through (j) No change.

(2) In order to satisfy the conditions for permit issuance in subsection (1), the permit applicant must provide reasonable assurances that the criteria in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District –________, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C., are met.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.103(4), 373.118, 373.223, 373.229 FS. History–New 8-14-02, Amended 8-31-03,________.

 

40E-20.302 Types of General Water Use Permits.

(1) through (1)(a) No change.

(b) Major Standard General Water Use Permit, authorizes allocations greater than three (3) million and up to fifteen (15) million gallons per month, and includes a requirement under paragraph 40E-20.301(1)(h), F.A.C., and the applicable requirements in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District –________, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C., that the permit applicant meet the requirements for use of reclaimed water. In addition the monitoring and reporting permit limiting conditions in Sections 4.0 and 5.0 of the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District –________, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C., are applicable.

(2) through (3) No change.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History–New 9-3-81, Amended 12-1-82, Formerly 16K-2.031(1), 16K-2.032(1)(b), Amended 2-24-85, 3-29-87, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 8-31-03, ________.

 

40E-20.321 Duration of General Water Use Permits.

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

(b) For uses with a maximum monthly allocation greater than 3 mgm (up to 15 mgm), authorized by a Major Standard General Water Use Permit, the period shall not exceed the basin expiration date as specified in the document described in Rule 40E-20.091, F.A.C., as applicable to the location of the project; or, for Major Standard General Water Use Permits issued, renewed or modified after the applicable basin expiration date, the period shall be based on the provisions in Rule 40E-2.321, F.A.C., and the applicable provisions in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District –________, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C.

(3) through (6) No change.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.236 FS. History–New 9-3-81, Formerly 16K-2.031(2)(j), 16K-2.032(2)(d), Amended 7-26-87, 4-20-94, 8-14-02, 8-31-03, ________.

 

40E-20.331 Modification of General Water Use Permits.

(1) through (3)(a)2. No change.

3. Does not potentially interfere with any presently existing legal use of water, cause harm to wetlands or other surface waters, harmful saltwater intrusion or pollution of the water resources, harm to offsite land uses, or does not otherwise raise issues requiring a Staff determination of whether harm to the water resources would occur pursuant to the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District –________, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C.;

4. through 5. No change.

(b) No change.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 4-20-94, Amended 7-11-96, 4-9-97, 12-10-97, 8-14-02, 8-31-03, ________.

 

40E-20.381 Limiting Conditions.

Staff shall impose on any permit granted under this chapter such reasonable standard and special conditions as are necessary to assure that the permitted use or withdrawal will be consistent with the overall objectives of the District, will not be harmful to the water resources of the District, is reasonable-beneficial, will not interfere with any presently existing legal uses, and is consistent with the public interest. Standard permit conditions in Section 5.1 of the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District –____________, 2007”, incorporated by reference in subsection 40E-20.091(1), F.A.C., shall be in the permit. Special permit conditions, including those specified in Section 5.2 of the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District –________, 2007” shall be in the permit.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History–New 9-3-81, Formerly 16K-2.031(2), 16K-2.032(2), Amended 2-24-85, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, ________.