The purpose of the proposed rule is to require automated monitoring and data transmission for actual use of water authorized by water use permits. The effect of the proposed rule is to include provisions to require permit applicants to submit, as ...

 

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District

RULE NO.: RULE TITLE:
40B-2.301: Conditions for Issuance of Permits

PURPOSE AND EFFECT: The purpose of the proposed rule is to require automated monitoring and data transmission for actual use of water authorized by water use permits. The effect of the proposed rule is to include provisions to require permit applicants to submit, as part of their water use permit conditions, records of groundwater and surfacewater withdrawals.

SUMMARY: This proposed rule will require automated submittal of actual groundwater and surfacewater withdrawal data for projects that require water use permits. The proposed amendments will be located within the SRWMD Water Use Permitting Guide which is incorporated by reference into Rule 40B-2.301, Florida Administrative Code.

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 not been prepared by the agency.

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: Water use permit holders may choose to implement a District-sponsored water use monitoring system at no cost to the permit holder. The cost to the District to implement monitoring on behalf of permit holders is minimized by the use of existing data sources such as consumption of electrical data by pumps or motor run time.

The cost of automated data transmission to permit holders and the District is minimized by using the least-cost data transmission platform available with consideration given to using the District’s existing automated water resources monitoring network.

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, 373.171 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.

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

DATE AND TIME: October 11, 2012, 5:30 p.m.

PLACE: Suwannee River Water Management District Headquarters, 9225 CR 49, Live Oak, FL 32060

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 48 hours before the workshop/meeting by contacting: Robin Lamm, Business Resource Specialist II, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, [phone] or [phone] (FL only). 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: Robin Lamm, Business Resource Specialist II, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, [phone] or [phone] (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 District’s 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. History–New 10-1-82, Amended 5-1-83, 1-6-10,________.

PROPOSED WATER USE PERMITTING GUIDE LANGUAGE

3.4.1. Automated Monitoring of Groundwater Withdrawals

For new water uses, renewed permits, and modifications of permits proposing new withdrawals, the Permittee shall implement automated monitoring of groundwater withdrawals, at Permittee’s expense, upon commencement of such withdrawals. The monitoring and reporting shall include reporting daily volume pumped by each well of inside diameter eight inches or greater at land surface and shall be delivered by 12:00 p.m. local time the following day via approved telemetry consistent with District data formats. The permittee may choose a standardized Suwannee River Water Management District automated monitoring system to fulfill this requirement.

3.4.2. Automated Monitoring of Surfacewater Withdrawals

For new water uses, renewed permits, and modifications of permits proposing new withdrawals, the Permittee shall implement automated monitoring of surfacewater withdrawals, at Permittee’s expense, upon commencement of such withdrawals. The monitoring and reporting shall include reporting daily volume pumped by each station that has an outside diameter of six inches or greater and shall be delivered by 12:00 p.m. local time the following day via approved telemetry consistent with District data formats. The permittee may choose a standardized Suwannee River Water Management District automated monitoring system to fulfill this requirement.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jon Dinges, Director, Water Supply and Resource Management, Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the Suwannee River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 2, 2012