The Department of Environmental Protection gives notice that it is developing rules as instructed by House Bill 639 and as part of the statewide effort to improve consistency in the Consumptive Use Permitting Programs implemented by the Water ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-40.110: Declaration and Intent
62-40.120: Department Rules
62-40.210: Definitions
62-40.310: General Policies
62-40.410: Water Supply Protection and Management
62-40.412: Water Conservation
62-40.416: Water Reuse and Recycling
62-40.473: Minimum Flows and Levels
62-40.474: Reservations
62-40.510: Florida Water Plan
62-40.520: District Water Management Plans
62-40.530: Department Review of District Water Management Plans
62-40.531: Regional Water Supply Plans
62-40.540: Water Data

PURPOSE AND EFFECT: The Department of Environmental Protection gives notice that it is developing rules as instructed by House Bill 639 and as part of the statewide effort to improve consistency in the Consumptive Use Permitting Programs implemented by the Water Management Districts. House Bill 639 requires the Department to initiate rule making by October 1, 2012 to revise the Water Resource Implementation Rule, Chapter 62-40, F.A.C., to include criteria for reuse offsets and credits. The criteria that will be

proposed is the product of the Reclaimed Water Policy Workgroup, meeting since January 2009, and comprised of representatives of the Florida Department of Environmental Protection, Florida’s five water management districts, Florida Water Environment Association Utility Council, Florida League of Cities, Florida Association of Counties, individual local government utilities, and environmental consulting firms. The Workgroup was convened to discuss how state regulatory policy could better optimize the reuse of reclaimed water. In addition to offsets and credits, Chapter 62-40 will also be revised to include other recommendations of the Reclaimed Water Policy Workgroup and recommendations resulting from the Consumptive Use Permitting Consistency Initiative. The Consumptive Use Permitting Initiative began in the fall of 2011 as a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP), minimum flows and levels (MFLs), and water supply related programs of the WMDs. This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida. This rule development will make appropriate rule amendments to DEP’s Chapter 62-40, F.A.C., to address the following goals of the DEP and the WMDs for this rulemaking: (1) making the CUP rules less confusing for applicants; (2) treating applicants equitably statewide; (3) providing consistent protection of the environment; (4) streamlining the application and permitting process; and (5) incentivizing behavior that protects water resources, including water conservation. Additional information about the statewide CUP consistency initiative is available at DEP’s website at: www.dep.state.fl.us/water/ waterpolicy/cupcon.htm.

SUBJECT AREA TO BE ADDRESSED: Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) reuse credits and offsets; (2) declaration and intent; (3) definitions; (4) general policies; (5) water supply protection and management; (6) water conservation requirements; (7) water reuse and recycling; (8) minimum flows and levels; (9) reservations; (10) Florida water plan; (11) district water management plans; (12) department review of district water management plans; (13) regional water supply plans; (14) water data; (15) review and application; and (16) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.

RULEMAKING AUTHORITY: 373.026(7), 373.043, 373.036(1)(d), 373.171, F.S.
LAW IMPLEMENTED: 373.023, 373.026, 373.036(1)(d), 373.042, 373.046, 373.103, 373.106, 373.171, 373.703, 373.223, 373.246, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891, F.S.

RULE DEVELOPMENT WORKSHOPS WILL BE HELD AT THE DATES, TIMES AND PLACES SHOWN BELOW:

DATE AND TIME: August 7, 2012, 9:00 a.m.

PLACE: SRWMD Headquarters, Room 102, 9225 CR 49, Live Oak, FL 32060

DATE AND TIME: August 8, 2012, 9:00 a.m.

PLACE: Tommy Usher Pineland Center, 506 SW 4th Ave., Chiefland, FL 32626

DATE AND TIME: August 10, 2012, 9:00 a.m.

PLACE: SJRWMD Headquarters, 4049 Reid Street, Palatka, FL 32178

DATE AND TIME: August 15, 2012, 9:00 a.m.

PLACE: SWFWMD Headquarters, 2379 Broad Street, Brooksville, FL 34604

DATE AND TIME: August 16, 2012, 9:00 a.m.

PLACE: SWFWMD Tampa Service Office, 7601 US Highway 301 N, Tampa, FL 33637

DATE AND TIME: August 21, 2012, 9:00 a.m.

PLACE: Florida Cattlemen’s Association, 800 Shakerag Road, Kissimmee, FL 34744

DATE AND TIME: August 22, 2012, 9:00 a.m.

PLACE: SFWMD Lower West Coast Service Center, Large Conference Room, 2301 McGregor Blvd., Fort Myers, FL 33901

DATE AND TIME: August 23, 2012, 9:00 a.m.

PLACE: SFWMD Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406

DATE AND TIME: August 29, 2012, 9:00 a.m. CST

PLACE: Escambia County Board of County Commission Chambers, Board Chambers, Room 100, 221 Palafox Place, Pensacola, FL 32502

DATE AND TIME: August 31, 2012, 9:00 a.m.

PLACE: DEP Bob Martinez Center, Room 609, 2600 Blair Stone Road, Tallahassee, FL 32399

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: Kathleen P. Greenwood, [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kathleen P. Greenwood, Department of Environmental Protection, Environmental Consultant, 3900 Commonwealth Blvd., M.S. 46, Tallahassee, Florida 32399, [phone], [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.