St. Johns River Water Management District
RULE NOS.:RULE TITLES:
40C-2.101Publications Incorporated by Reference
40C-2.301Conditions for Issuance of Permits
40C-2.900Forms and Instructions
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. 40, No. 71, April 11, 2014 issue of the Florida Administrative Register.
40C-2.101 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference:
(a) Part I (insert URL), subsections 62-40.416(7)-(8), F.A.C., effective (effective date) May 6, 2013, in Appendix G, [insert URL], and Limiting Conditions for subsection 40C-2.042(9), F.A.C., Dewatering General Permits by Rule in Appendix I [Insert URL] of the document entitled “Applicant’s Handbook, Consumptive Uses of Water”, effective (effective date). The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions that pertain to the District’s administration of the consumptive use permitting program.
(b) The following rules of the Florida Department of Environmental Protection: subsections 62-40.416(7), and 62-40.416(8), and 62-40.416(9), F.A.C. [insert URL to 62-40.416], effective May 3, 2014 May 6, 2013, which are hereby incorporated by reference as of (effective date). Subsections 62-40.416(7) and 62-40.416(8) are referenced in sections 3.3.7.1 and 3.3.7.2, respectively, and in Appendix G of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C. Subsection 62-40.416(9), F.A.C., is referenced in section 2.2.9 of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(2) No change.
REASON: The change to paragraph 40C-2.101(1)(a) is needed to incorporate the latest version of subsections 62-40.416(7)-(8), F.A.C. Additionally, changes have been made to the Applicant’s Handbook, Consumptive Uses of Water (A.H.), which is incorporated by reference in paragraph 40C-2.101(1)(a), and which will appear later on in this document. Finally, the change to paragraph 40C-2.101(1)(b) is needed to incorporate the latest version of subsection 62-40.416(9), F.A.C.
40C-2.301 Conditions for Issuance of Permits.
(1) No change.
(2) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use:
(a) through (g) No change.
(h) The consumptive use shall not cause or contribute to a violation of state water quality standards in receiving waters of the state as set forth in Chapters 62-3, 62-4, 62-302, 62-520, and 62-550, F.A.C., including any anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding National Waters set forth in subsections 62-4.242(2) and (3), F.A.C. This criterion is considered to have been met for any use of water that is required to obtain a permit or certification under Chapter 403, Florida Statutes, or a permit under Part IV of Chapter 373, Florida Statutes. For those applications relying on the issuance of a permit under Part IV of Chapter 373, F.S., to meet this criterion, a special permit condition will be attached that prohibits the consumptive use until such other permit is issued and the system is constructed. A valid permit issued pursuant to Chapter 62-660 or 62-670, F.A.C., or Rule 62-4.240, F.A.C., or a permit issued pursuant to Chapter 40C-4, 40C-40, 40C-42, or 40C-44, F.A.C., which authorizes the discharge associated with the consumptive use shall establish that this criterion has been met, provided the applicant is in compliance with the water quality conditions of that permit.
(i) through (j) No change.
(3) No change.
(4) Except as otherwise provided by law, the applicant shall have the burden of proof to establish and present sufficient data to support a finding by the District that the proposed use meets the conditions specified in subsections (1) and (2) above. The standards, criteria, and conditions in the Applicant’s Handbook: Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C., shall be used in determining whether the requirements of subsections (1) and (2) above are met. However, when an application was complete before (effective date), then the applicant may elect review in accordance with the standards, criteria, and conditions that were in effect immediately prior to (effective date).
REASON: The change to paragraph 40C-2.301(2)(h) and section 2.3(h) will clarify the “safe harbor” provision of the water quality criterion to reduce regulatory overlap with DEP on water quality. This change resolves concerns raised by various utilities in their lower cost regulatory alternative (LCRA) proposals to repeal the water quality criterion. This change is not intended to change the water quality standards referenced. The change to subsection 40C-2.301(4) will create a voluntary grandfathering provision for applications that were complete before the effective date of the new CUPcon rules. The voluntary grandfathering provision was added for fairness reasons because the CUPcon rules reorganized the entire Applicant’s Handbook and revised all the application forms. Allowing grandfathering will avoid the need for the applicant and District to re-consider the application under the new rules, where District staff already recommended approval under the old rules.
40C-2.900 Forms and Instructions.
(1) Consumptive Use Permit Application, Form Number 40C-2.900(1), effective effective date, is hereby incorporated by reference and available at {insert URL}. This form is referenced in subsection 40C-2.041(4), paragraphs 40C-2.042(2)(c), and 40C-2.331(1)(a), F.A.C., and in Ssections 1.4.3.3(b), 1.4.4.2, 1.4.5.5.1(c), and 1.4.5.5.2 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date), which is incorporated by reference in paragraphs 40C-2.101(1)(a), F.A.C. The following supplemental application forms referenced in the Consumptive Use Permit Application, Form Number 40C-2.900(1), are hereby incorporated by reference:
(a) through (g) No change.
(2) through (3) No change.
(4) Water Use/Pumpage Report Form (EN-50), Form Number 40C-2.900(4), effective effective date, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Ssection 4.2.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.)
(5) through (13) No change.
REASON: The change to subsection 40C-2.900(1) will incorporate a modified version of the main CUP application form (by explaining how the applicant will be notified about the Governing Board meeting on the application), to resolve an issue raised by the Florida Legislature’s Joint Administrative Procedures Committee (JAPC). The change to subsection 40C-2.900(4) will incorporate a modified version of the Water Use/Pumpage Report (EN-50) Form, which was clarified and reformatted so that a filled out EN-50 form can be optically scanned into the District’s regulatory system without the need for manual data entry.
Applicant’s Handbook, Consumptive Uses of Water
2.2.9Supplementation for Reclaimed Water Systems
Subsection 62-40.416(9), F.A.C., states “[s]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.” The following criteria, which are from subsection 62-40.416(9), shall apply to a request to supplement a reclaimed water system.
(a)When use of water for supplementation is requested, as part of the permit application review, the District shall require that an applicant provide reasonable assurance that:
1.The use of water for supplementation will increase the amount of reuse, thereby resulting in a reduction in the overall use of higher quality sources for non-potable purposes, and, if applicable, reduce the amount of reclaimed water disposal to the extent practicable; and
2.The quantity of water requested for supplementation to achieve the requirements in Subsection 2.2.9(a)1. has been minimized to the extent environmentally, technically, and economically feasible. When using stormwater for supplementation, environmental feasibility may include a consideration of water quality benefits achieved by reducing stormwater discharges.
(b)To meet the requirements of Subsection 2.2.9(a)2., the District shall require a plan from the applicant for the use of supplemental water in the reclaimed water system. The plan shall demonstrate why the requested quantity of water is needed to reasonably meet demands, how it will be used efficiently in the system, and, if applicable, how it will be used to expand the system. The plan shall consider the following elements to the extent applicable to the utility’s requested use of supplemental water in the reclaimed water system:
1.Use of lower quality water sources;
2. The appropriate level of certainty to be provided to end users during drought conditions;
3.Reclaimed water interconnects with other reuse utilities;
4.Providing customers with information explaining the need to conservatively use reclaimed water;
5.Regulatory constraints or requirements on discharges;
6.Demand management when using the supplemental water, which can include financial incentives for voluntary use reductions;
7.Creation of additional storage; and
8.Any other measures identified by the applicant to demonstrate the efficient use of supplemental water.
REASON: The change to section 2.2.9, A.H., will reference the latest version of subsection 62-40.416(9), which became effective on May 3, 2014.
2.3Reasonable-Beneficial Use Criteria
The following criteria must be met, on an individual and cumulative basis, for a consumptive use to be considered reasonable-beneficial:
(a)through (g) No change.
(h)The consumptive use shall not cause or contribute to a violation of state water quality standards in receiving waters of the state, as set forth in Chapters 62-3, 62-4, 62-302, 62-520, and 62-550, F.A.C., including any anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsection 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C. The criterion is considered to have been met for any use of water that is required to obtain a permit or certification under Chapter 403, Florida Statutes, or a permit under Part IV of Chapter 373, Florida Statutes. For those applications relying on the issuance of a permit under Part IV of Chapter 373, Florida Statutes to meet this criterion, a special permit condition will be attached that prohibits the consumptive use until such other permit is issued and the system is constructed. A valid permit issued pursuant to chapters 62-660 or 62-670, F.A.C., or section 62-4.240, F.A.C., or a permit issued pursuant to chapters 40C-4, 40C-40, 40C-42, or 40C-44, F.A.C., shall establish that this criterion has been met, provided the applicant is in compliance with the water quality conditions of that permit.
(i) and (j) No change.
REASON: The change to section 2.3(h), A.H., resolves a water quality concern raised by various utilities (as explained in the reason for the change to paragraph 40C-2.301(2)(h), F.A.C., above).
