To amend Rule 40E-2.091, F.A.C., and Section 3.2.3.2.B.2 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to require minor general water use permit applicants located within a mandatory ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-2.091: Publications Incorporated by Reference

PURPOSE AND EFFECT: To amend Rule 40E-2.091, F.A.C., and Section 3.2.3.2.B.2 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to require minor general water use permit applicants located within a mandatory reuse zone to perform an end user feasibility evaluation, and to delete that portion of Section 3.2.3 of the Basis of Review for Water Use Applications within the South Florida Water Management District which refers to Chapter 40E-23, F.A.C.

SUMMARY: To incorporate an updated version of the Basis of Review.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not 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 been prepared by the agency.

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: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 12, 2012, 9:00 a.m.

PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406

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: South Florida Water Management District Clerk at 1(800)432-2045, ext. 2087 or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Paulette Glebocki, Hydrogeologist – Lead, Water Use Bureau, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone [phone], ext. 6941 or [phone] or by email to [e-mail]. For procedural questions, please contact Kathie Ruff, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone [phone], ext. 6320 or [phone] or by email to [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-2.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – ________March 18, 2010,” is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10,_________.

 

3.2.3 Reclaimed Water Reuse Criteria

The encouragement and promotion of water conservation and use of reclaimed water are state objectives and considered to be in the public interest. In Section 373.250, F.S., the Legislature finds that use of reclaimed water provided by domestic wastewater treatment plants permitted and operated under a reuse program approved by the Florida Department of Environmental Protection is environmentally acceptable and not a threat to public health and safety. Based upon the statutory guidance and the delineation of feasibility factors found in the State Water Policy, Chapter 17-40, F.A.C., the Governing Board determines that, in those areas of the District which are not designated a Critical Water Supply Problem Area pursuant to Chapter 40E-23, (see figure III-3), when reclaimed water is readily available it must be used in place of higher quality water sources, unless it is demonstrated by the Applicant that its use is either not environmentally, economically or technically feasible. In determining whether reclaimed water is readily available, the District will consider the following factors:

A. Whether a suitable source of reclaimed water exists;

B. Whether the source is offered to or controlled by the Applicant; and

C. Whether the Applicant is capable of accessing the source through distribution lines.

In those areas of the District which are designated as Critical Water Supply Problem Areas pursuant to Chapter 40E-23, reclaimed water is required to be used, unless it is demonstrated by the Applicant that its use is either not environmentally, economically or technically feasible.

Figure III-3

 

 

3.2.3.2 Reuse Requirements

The encouragement and promotion of water conservation and use of reclaimed water are state objectives and considered to be in the public interest. In Section 373.250, F.S., the Legislature finds that use of reclaimed water provided by domestic wastewater treatment plants, permitted and operated under a reuse program approved by the Department, is environmentally acceptable and not a threat to public health and safety. Permit applicants must evaluate the feasibility of using reclaimed water to meet all or a portion of their needs, as follows:

A.No change.

B.End User Feasibility Evaluation: In all areas of the District, excluding those covered by Section 3.2.3.2.A., reclaimed water must be used, unless the applicant demonstrates that such use is not environmentally, technically or economically feasible. When reclaimed water is readily available it must be used in place of higher quality water sources, unless it is demonstrated by the Applicant that its use is either not environmentally, economically or technically feasible. The following criteria are used to demonstrate feasibility:

1.Environmental Feasibility: Reclaimed water reuse is considered environmentally feasible if the Department has permitted the reuse facility that will provide the reclaimed water supply and has permitted the use or discharge of the reclaimed water to the receiving water body, if applicable.

2.Technical Feasibility: In performing the technical feasibility portion of the evaluation, the applicant shall contact the applicable reuse utility and request a letter stating that reclaimed water is not available or provide the following information and consider the response provided by the reuse utility in its evaluation:

(a)Whether a reclaimed water distribution line is at the applicant’s project boundary.

(b)If a reclaimed water distribution line is not at the project boundary, then:

(i)Estimate the distance in feet from applicant’s project to the nearest potential connection point to a reuse line.

(ii)The date the reuse utility anticipates bringing the connection to the applicant’s project boundary.

(c)If reclaimed water is available at the project boundary, then:

(i)The minimum quantity in gallons per day of reclaimed water supply available from the nearest potential connection point under a 1-in-10 year drought condition.

(ii)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).

(iii)The typical operating pressures at which the reuse utility will provide reclaimed water at the nearest connection point to the applicant’s project, including any typical seasonal or other fluctuations in the operating pressure.

(iv)The water quality parameters of the reclaimed water for the constituents that the applicant has identified as pertinent to the intended use.

Reclaimed water reuse is considered technically feasible if an uncommitted, adequate supply of reclaimed water is available at the site of the proposed use to meet all or part of the applicant's water needs. An uncommitted supply of reclaimed water means the average amount of reclaimed water produced during the three lowest-flow months minus the amount of reclaimed water that the reclaimed water provider is contractually obligated to provide to another customer or user. An adequate supply of reclaimed water means a reasonable volume for the use as defined herein. In the event the uncommitted supply of reclaimed water available is not adequate to fully meet the project's 1-in-10 year drought demands, the applicant may request a partial allocation of water from a non-reclaimed water source. However, such partial allocation will not exceed that amount necessary to compensate for the shortfall in uncommitted reclaimed water supply, in light of total project demands calculated pursuant to the Basis of Review. Available at the project site means the utility has initially provided the distribution facilities at its cost to the project boundary. In the event distribution lines are not provided at the project boundary, the applicant must then provide an assessment of extending the lines to the project as a part of the economic feasibility analysis.

3.Economic Feasibility: If the applicant asserts that reuse is not economically feasible, then the applicant must provide the District with an assessment of the economic feasibility of use of reclaimed water use. In performing the assessment, the applicant shall contact the applicable reuse utility and request a letter stating that reclaimed water is not available or provide the following information and consider the response provided by the reuse utility in its analysis:

(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)The reclaimed water availability charges the reuse utility would charge the applicant in lieu of connection to the reclaimed system.

(c)Other one-time charges for the connection to the reuse.

(d)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 applicant’s economic feasibility analysis must consider all of the following:

(a)Costs associated with purchase of a reclaimed water supply source including: i. pump and distribution costs, ii. storage costs, iii. monthly rates charged for the reclaimed water supply, and iv. costs associated with risk of loss of reclaimed supply;

(b)Costs associated with development of an otherwise permittable supply source including: i. well, pump, and distribution; and ii. operational costs including increased fertilizer costs, where applicable, power costs, pumping, and system operation and maintenance costs;

(c)Alteration in the rates charged by the permit applicant’s business to account for costs associated with using reclaimed water; and

(d)Other factors affecting the economic feasibility of using reclaimed water as proposed by a permit applicant in light of their particular situation.

If the reuse utility fails to respond or does not provide the information within 30 days after receipt of the applicant’s request, the applicant shall 1) provide the District a copy of the applicant’s written request and a statement that the reuse utility failed to provide the requested information; and, 2) complete the end user feasibility evaluation with the best available information.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven Memberg, P.G., Water Use Policy Principal Scientist, Water Use Bureau, Phone [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 11, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 7, 2011