40B-2.301: Conditions for Issuance of Permits
PURPOSE AND EFFECT: The purpose of the proposed rule is to implement rulemaking requirements as per Chapter 2010-205, sections 56 and 57, Laws of Florida, which amended Section 373.250(3)(c), Florida Statutes. The effect of the proposed amendments is to include provisions to require permit applicants to provide, as part of their reclaimed water feasibility evaluation for a nonpotable use, written documentation from a reuse facility addressing the availability of reclaimed water.
SUMMARY: This proposed rule will require written documentation regarding reclaimed water feasibility evaluation. The proposed amendments will be located within the SRWMD Water Use Permitting Guide.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
There will be an increase in time and effort to comply with this rule.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There is neither a cost nor an exemption from cost associated with these rules. The promulgation of this language is a result of a legislative mandate.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robin Lamm, Business Resource Specialist II, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or 1(800)226-1066 (FL only)
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-2.301 Conditions for Issuance of Permits.
(1) through (2)(k) No change.
(3) The standards and criteria set forth in the Water Use Permitting Guide, effective DATE January 6, 2010, hereby incorporated by reference into this chapter, if met, will provide the reasonable assurances required in this section. This document is available at District headquarters and on the Districts website at www.mysuwanneeriver.com.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS. HistoryNew 10-1-82, Amended 5-1-83, 1-6-10,________.
WATER USE PERMITTING GUIDE LANGUAGE
3.1.1.1. Implementation of Reclaimed Water Availability Documentation Section 373.250(3)(c), (d), F.S.
Applicants for withdrawals to be located within an area depicted by the District on its website as an area that is or may be served with reclaimed water by a reuse utility within five years from the date of application shall provide written documentation from the applicable reuse utility addressing the availability of reclaimed water. The applicant shall request the reuse utility to provide a letter stating that reclaimed service is not available or, the following information:
1) Whether a reclaimed water distribution line is at the applicants property boundary. If not, provide the following:
a) Estimate the distance in feet from applicants property to the nearest potential connection point to a reuse line.
b) The date the reuse utility anticipates bringing the connection to the applicants property boundary.
2) If reclaimed water is available at the property boundary:
a) The peak, minimum and annual average daily quantity in gallons per day (or whatever measurement the WMD requires) of reclaimed water supply available from the nearest potential connection point, as well as expected average monthly quantities (or the applicable WMD measurement).
b) The reliability of the potential reclaimed water supply (i.e., on-demand 24/7, or bulk-interruptible diurnal or seasonal, length of supply agreement, or other basis).
c) The typical operating pressures at which the reuse utility will provide reclaimed water at the nearest connection point to the applicants property, including any typical seasonal or other fluctuations in the operating pressure.
3) All costs associated with the applicants use of reclaimed water:
a) The reclaimed water rate(s) the reuse utility would charge the applicant (e.g., the cost per/1000 gallons) and any other periodic fixed or minimum charges for use of reclaimed water by the applicant.
b) Other one-time charges for the connection to the reuse.
c) Whether the reuse utility helps fund potential reclaimed customers costs to connect to the reclaimed line or convert its operation to use reclaimed water. The reclaimed water availability charges the reuse utility would charge the applicant in lieu of connection to the reclaimed system.
4) The water quality parameters of the reclaimed water for the constituents that the applicant identifies as pertinent to the intended use.
5) Any additional information the reuse utility feels should be considered by the applicant in performing its technical or economic feasibility evaluation.
If the applicable reuse utility fails to respond or does not provide the information within 30 days after receipt of the applicants request, that applicant shall provide to the district a copy of the applicants written request and a statement that the utility failed to provide the requested information. If the reuse utility provides a partial response, the applicant shall also provide that to the district.
