The overall purpose of the proposed rule change is to reduce the regulatory burden for applicants applying for permits for the consumptive use of water. The effect of this rule change will be to reduce the number of copies of the application and ...

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NOS.:RULE TITLES:

40A-2.101Content of Application

40A-2.901Forms

PURPOSE AND EFFECT:  The overall purpose of the proposed rule change is to meet the requirements of 373.250, Florida Statutes.  Changes will also encompass reduction of the number of copies of the application and supporting data needed to be submitted by the applicant from two to only one.

SUMMARY:  This rule development will amend application forms for non-potable uses to require information regarding the availability and feasibility of utilizing reclaimed water.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The agency has determined that this rule 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 and is available on the District website.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to 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, 373.171 FS.

LAW IMPLEMENTED:  373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250 FS.

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

DATE AND TIME: September 12, 2013, 1:10 p.m., ET

PLACE:  Northwest Florida Water Management District, 81 Water Management Drive, Havana, FL (10 miles west of Tallahassee off Highway 90).

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: Terri Peterson, Administrative Assistant, Northwest Florida Water Management District, Bureau of Ground Water Regulation, 152 Water Management Drive, Havana, Florida 32333, [phone], [e-mail]. 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 IS:

Angela Chelette, Northwest Florida Water Management District, Bureau of Ground Water Regulation, 152 Water Management Drive, Havana, Florida 32333, [phone], [e-mail] or Terri Peterson, Administrative Assistant, Northwest Florida Water Management District, Bureau of Ground Water Regulation, 152 Water Management Drive, Havana, Florida 32333, [phone], [e-mail].

The text of the proposed rule is available on the District’s website (www.nwfwmd.state.fl.us).

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40A-2.101 Content of Application.

(1) All Individual Water Use Permit applications shall include one original copy of the following:

(a) A completed District application appropriate for the specified use; either:

1. Consumptive Use Permit Application for a Public Water Supply, NWFWMD Form No. A2-A, effective July 1, 1998;

2. Consumptive Use Permit Application for Agricultural, Aquaculture and Golf Course Water Uses, NWFWMD Form No. A2-B, effective November 1, 2013 July 1, 1998;

3. Consumptive Use Permit Application for Landscape Uses, NWFWMD Form No. A2-C, effective November 1, 2013 July 1, 1998; or

4. Consumptive Use Permit Application for Other Uses, NWFWMD Form No. A2-D, effective November 1, 2013 July 1, 1998.

5. All applications for non-potable use shall include reuse feasibility information required per the appropriate application.  Information from the reuse provider shall be submitted on the Reuse Feasibility Information form, NWFWMD Form No. 174, effective November 1, 2013.

These forms are hereby incorporated by reference and can be obtained from the District offices in Midway-Gadsden County, Crestview or Marianna or from the District’s website.

(b) The information required by Section 373.229, F.S.;

(c) An accurate description of the property by Section, Township and Range on which the withdrawal facility is located and which is owned or otherwise controlled by the applicant, an accurate sketch or map showing the location and boundaries of such property and the location of existing and proposed wells and surface water withdrawal facilities as specified by the forms referenced in subsection 40A-2.101(1), F.A.C.;

(d) Water conservation plans and measures, if any, that are employed or are to be employed in the area of use;

(e) A determination of the potential impact of the withdrawal on any existing legal users and on the water resources of the area;

(f) Any other information demonstrating that the water use meets the criteria and conditions established in Rule 40A-2.301, F.A.C.

(g) Hydrogeological or engineering analysis and reports submitted by an applicant in support of an application shall be signed and sealed as provided by Florida Statutes.

(2) A permit application shall be accompanied by the appropriate application fee identified in Rule 40A-2.201, F.A.C. Failure to provide the required fee shall result in the denial of the permit request.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109, 373.223, 373.229, 373.250, 403.0877 FS. History–New 10-1-82, Amended 1-5-86, 5-31-92, 11-2-92, 11-1-93, 10-1-95, 7-1-98, 1-4-10,___________.

 

40A-2.901 Forms.

(1) The following forms are used in the implementation of this chapter:

(a) Consumptive Use Permit Application for a Public Water Supply, NWFWMD Form No. A2-A, effective July 1, 1998, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(b) Consumptive Use Permit Application for Agricultural, Aquaculture and Golf Course Water Uses, NWFWMD Form No. A2-B, effective November 1, 2013, and incorporated by reference in Rule 40A-2.101, F.A.C. effective July 1, 1998;

(c) Consumptive Use Permit Application for Landscape Uses, NWFWMD Form No. A2-C, effective November 1, 2013, and incorporated by reference in Rule 40A-2.101, F.A.C. effective July 1, 1998;

(d) Consumptive Use Permit Application for Other Uses, NWFWMD Form No. A2-D, effective November 1, 2013, and incorporated by reference in Rule 40A-2.101, F.A.C. effective July 1, 1998;

(e) Reuse Feasibility Information, NWFWMD Form No. 174, effective November 1, 2013, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(f)(e) Individual Water Use Permit Document, NWFWMD Form No. A2-E, effective January 4, 2010, and incorporated by reference in Rule 40A-2.381, F.A.C.;

(g)(f) Request for Consumptive Use Permit Transfer, NWFWMD Form No. A2-F, effective May 31, 1992, and incorporated by reference in Rule 40A-2.351, F.A.C.;

(h)(g) Annual Water Use Reporting Form, NWFWMD Form No. A2-G, effective July 1, 1998, and incorporated by reference in Rule 40A-2.381, F.A.C.;

(i)(h) Periodic Water Use Reporting Form, NWFWMD Form No. A2-H, effective July 1, 1998, and incorporated by reference in Rule 40A-2.381, F.A.C.; and

(j)(i) Water Use Summary Reporting Form, NWFWMD Form No. A2-I, effective July 1, 1998, and incorporated by reference in Rule 40A-2.381, F.A.C.

(2) These forms are available at the following District offices:

(a) District headquarters, Permitting Section, 152 Water Management Drive, Havana, FL 32333-9700, [phone];

(b) Marianna field office, 4765 Pelt Street, Marianna, FL 32446-0900, [phone]; and

(c) Crestview field office, 180 E. Redstone Avenue 800 Hospital Drive, Crestview, FL 32539, [phone].

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.116, 373.219, 373.229 FS. History–New 10-1-82, Amended 1-5-86, 8-1-89, 5-31-92, 10-1-95, 7-1-98, 1-4-10,_____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Angela Chelette, Chief, Bureau of Ground Water Regulation, Division of Resource Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 15, 2013