General Permit by Rule, Publications Incorporated by Reference, Modification of Permits, Forms and Instructions
St. Johns River Water Management District
RULE NOS.:RULE TITLES:
40C-2.042General Permit by Rule
40C-2.101Publications Incorporated by Reference
40C-2.331Modification 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 Section 120.54(3)(d)1., F.S., published in Vol. 41, No. 97, May 19, 2015, and the Notice of Change, published in Vol. 41, No. 136, July 15, 2015, issues of the Florida Administrative Register.
40C-2.042 General Permit by Rule.
A general consumptive use permit by rule is hereby established for consumptive uses of water listed below that do not meet or exceed any permitting threshold under subsection 40C-2.041(1), F.A.C., except as provided in subsections 40C-2.042(8), (9), (10), (11), and (12), F.A.C. However, this rule shall not apply to domestic uses of water by individuals, i.e., water used for the household purposes of drinking, bathing, cooking or sanitation. Persons using or proposing to use water in a manner not authorized under this rule, must obtain a permit pursuant to Chapter 40C-2, F.A.C. Additionally, for wells that meet or exceed the six inch diameter threshold of paragraph 40C-2.041(1)(d), F.A.C., but part of the permanent water bearing casing below ground is less than six inches (i.e., a telescoping well or a continuous cased well that is reduced in size below ground with a concentric reducer), such wells can be utilized under a general permit by rule provided the water use qualifies under a subsection of this rule, the use will not meet or exceed any threshold in paragraphs 40C-2.041(1)(a)-(c), F.A.C., and no withdrawal begins until after a complete Form 40C-2.900(13) or Form Number 62-532.900(2), State of Florida Well Completion Report, is submitted to the District. Notice of Water Use From Telescoping Well, Form Number 40C-2.900(13), effective {effective date}, is hereby incorporated by reference and available at {insert URL} and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529. State of Florida Well Completion Report, Form Number 62-532.900(2), effective date October 7, 2010, is hereby incorporated by reference and available at {insert URL} and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.
(1) through (12) No change.
REASON: The change to 40C-2.042 will remove a provision that had been proposed at the start of this rulemaking to expand the availability of a general permit by rule for certain telescoping wells that currently require a formal CUP. There are related conforming changes to 40C-2.101 and 40C-2.900.
40C-2.101 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference:
(a) No change.
(b) No change.
(2) No change.
REASON: To resolve an objection raised by the Florida Legislature’s Joint Administrative Procedures Committee (JAPC), changes have been made to section 1.5.3 in Part I of 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. Additionally, in connection with removing the proposed expanded availability of a general permit by rule for certain telescoping wells in 40C-2.042, and renumbering the forms in 40C-2.900, the change to 40C-2.101 and sections 1.4.3.2 and 1.4.3.3.5, A.H., will renumber the forms referenced in those sections.
40C-2.331 Modification of Permits.
(1) No change.
(2) A request for modification under paragraph (1)(a) above must meet the conditions for issuance in Rule 40C-2.301, F.A.C. A request for modification by letter in accordance with paragraph (1)(b) above need only provide information and meet the conditions for issuance in Rule 40C-2.301, F.A.C., that relate to the modification request, in accordance with Section 373.239(2), F.S. A permit which has expired or which has been revoked shall not be subject to modification. A denial of a request for modification under paragraphs (1)(a) or (1)(b) above shall be processed as provided in Sections 1.4.3.3.1(b) and 1.4.3.3.2 of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(3) No change.
REASON: The change to subsection 40C-2.331(2) will clarify that a request for modification of a consumptive use permit need only provide information and meet the conditions for issuance in 40C-2.301 that relate to the modification request.
40C-2.900 Forms and Instructions.
(1) through (11) No change.
(12) Notice to District of Dewatering Activity (RDS-50), Form Number 40C-2.900(12), effective {effective date}, is hereby incorporated by reference and available at {insert URL}. This form is referenced in subsection 40C-2.042(9), F.A.C., and Appendix I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(13) Notice of Water Use From Telescoping Well, Form Number 40C-2.900(13), effective {effective date}, is hereby incorporated by reference and available at {insert URL}. This form is referenced in rule 40C-2.042, F.A.C.
(13)(14) Voluntary Rescission of Consumptive Use Permit, Form Number 40C-2.900(13)(14), effective {effective date}, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 1.4.3.3.5 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(14)(15) Consumptive Use Permit Transfer Request, Form Number 40C-2.900(14)(15), effective {effective date}, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 1.4.3.2 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
Renumber (16) as (15) No change.
REASON: The change to Notice to District of Dewatering Activity (RDS-50), Form Number 40C-2.900(12), which is incorporated by reference in subsection 40C-2.900(12), will delete an unnecessary question (asking whether the dewatering activity is located within lands that have been used for industrial purposes or landfills). In connection with removing the expanded availability of a general permit by rule for certain telescoping wells in 40C-2.042, the change to 40C-2.900(13) will remove the telescoping well form that had been proposed in 40C-2.042, and 40C-2.900(14)-(16) (and the forms referenced therein) will be renumbered accordingly.
Applicant’s Handbook, Consumptive Uses of Water
1.4.3.2 Transfers
The permittee shall notify the District in writing within 30 days of any sale, transfer, or conveyance of ownership or any other loss of permitted legal control of the project and/or related facilities from which the permitted consumptive use is made. Where permittee’s control of the land subject to the permit was demonstrated though a lease, the permittee must either submit documentation showing that it continues to have legal control or transfer control of the permitted system/project to the new landowner or new lessee. All transfers of ownership are subject to the requirements of Rule 40C-1.612, F.A.C., including the information required by Subsection 40C-1.612(1). A permit transfer request may be made filling out District Form Number 40C-2.900(14)(15) (Consumptive Use Permit Transfer Request). (See Appendix E). While filling out Form Number 40C-2.900(14)(15) is optional, it will help facilitate review of the transfer request. Upon receipt of a completed Consumptive Use Permit Transfer Request form, the District shall approve the permit transfer unless it determines the proposed permittee has failed to provide reasonable assurance that it qualifies to be a permittee or that it can meet the permit conditions. Alternatively, the permittee may surrender the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit.
1.4.3.3.5 Procedure for Voluntary Rescission of Permit
District staff is authorized to administratively cancel a permit when the permittee, or permittee’s authorized agent, surrenders the consumptive use permit to the District, thereby relinquishing the right to use water under that permit. Permit rescission shall be requested using District Form Number 40C-2.900(13)(14) (Voluntary Rescission of Consumptive Use Permit). (See Appendix E) A permittee surrendering a permit shall ensure that all ground water wells have been either properly capped or plugged and abandoned according to subsection 40C-3.521(2), F.A.C., and that all surface water withdrawal points have been dismantled.
REASON: The change to 40C-2.101 and sections 1.4.3.2 and 1.4.3.3.5, A.H., will renumber the forms referenced in those sections to conform to the renumbering of the forms in 40C-2.900(13)-(14).
1.5.3 Special Durations Factors:
The following factors shall be considered and balanced in determining whether the permit shall be given a duration other than as specified in Subsection 1.5.2(a):
(a) Whether the permit is for a secondary use as defined in Section 1.4.2.2. The District shall seek to:
1. Assign the initial consumptive use permit required under 1.4.2.1 (secondary use) the same expiration date as specified in the consumptive use permit issued for the water supplier. However, when there is a demonstration that there will not be harm to the water resources of the area or interference associated with the water supplier’s permit, then the District shall can issue a longer duration permit with a condition that is substantially similar to the special condition in section 5.2(h).
2. No change.
3. Assign an applicant within a water supplier/secondary use group who completes a renewal application for a consumptive use permit at a later time, the same expiration date as was assigned to the previously issued consumptive use permit renewals within the same water supplier/secondary use(s) group. However, when there is a demonstration that there will not be harm to the water resources of the area or interference associated with the water supplier’s permit, then the District shall can issue a longer duration permit with a condition that is substantially similar to the special condition in section 5.2(h).
(b) through (k) No change.
REASON: The change to section 1.5.3, A.H., will clarify that the District will issue a longer duration consumptive use permit when the criteria in section 1.5.3 are met, and resolve an objection raised by the Florida Legislature’s Joint Administrative Procedures Committee (JAPC).
