Notice of Proposed Rule
WATER MANAGEMENT DISTRICTS
Northwest Florida Water Management District
RULE NOS.:RULE TITLES:
40A-2.021Definitions
40A-2.061General Water Use Permits by Rule
40A-2.101Content of Application
40A-2.331Modification of Permits
40A-2.361Renewal of Permits
40A-2.381Limiting Conditions
40A-2.901Forms
40A-2.902Areal Boundary Maps for Water Use Permitting
PURPOSE AND EFFECT: The overall purpose of this rule amendment is to reflect changes to FDEP statewide regulations, Rule 62-40, F.A.C, and to correct references within the rule.
SUMMARY: This rule development will reflect current FDEP statewide regulations, Rule 62-40, F.A.C.; to amend forms; and to correct errors to references within the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Northwest Florida Water Management District 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 not been prepared by the District.
The District 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 here:
Upon review of the proposed changes to the rule and incorporated forms, the District has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.
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, 373.109, 373.116, 373.118, 373.171, 373.216, 373.219, 373.223, 373.229, 373.239, 373.250, 373.171, 373.216, 403.0877 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kevin R. Hayes, Bureau Chief, Northwest Florida Water Management District, Bureau of Groundwater Regulation, 152 Water Management Drive, Havana, Florida 32333, (850)539-5999, kevin.hayes@nwfwater.com or Terri Peterson, Regulatory Support Specialist, Northwest Florida Water Management District, Bureau of Groundwater Regulation, 152 Water Management Drive, Havana, Florida 32333, (850)539-5999, terri.peterson@nwfwater.com.
THE FULL TEXT OF THE PROPOSED RULE IS:
40A-2.021 Definitions.
(1) through (10) No change.
(11) Disapproved facility – a facility that has been formally disapproved or deemed unsuitable by the District, or Department, or Florida Department of Health.
(12) through (37) No change.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216 FS. History–New 10-1-82, Amended 5-17-83, 3-1-84, 1-5-86, 8-1-89, 5-31-92, 11-2-92, 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 5-29-14, __________.
40A-2.061 General Water Use Permits by Rule.
(1) General Water Use Permit by Rule.
(a) No change.
(b) The General Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook, effective _________________ May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03889) and is hereby incorporated by reference in its entirety and can be obtained from the District’s website (nwfwater.com) or from District offices upon request.
(2) General Water Use Permit by Rule for Short-Term Projects.
(a) The Board hereby grants a General Water Use Permit for the use of water in conjunction with the following short-term projects: dewatering operations as described in Rule 40A-2.501, F.A.C., for purposes such as utility construction and foundation installation; lake drawdown for construction or repair; hydrostatic pipeline testing; exploratory groundwater testing; or aquifer performance tests; provided the use meets the following criteria:
1. through 5. No change.
6. Will not occur within 500 feet of a wastewater treatment plant rapid-rate land application system permitted under Part IV of Chapter 62-610, F.A.C.; and
7. Will not occur within 1,000 feet of any known groundwater contamination in the water bearing zone being dewatered; and.
8. Will not occur within 1,000 feet of a freshwater wetland.
(b) through (c) No change.
(3) through (13) No change.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.216 FS. History–New 1-5-86, Amended 5-31-92, 11-2-92, 11-1-93, 10-1-95, 1-1-05, Formerly 40A-2.302, Amended 5-29-14, __________.
40A-2.101 Content of Application.
(1) Through (2) No Change.
(3) All Individual Water Use Permit applications whether for: a new permit; formal modification of an existing permit or renewal of an existing permit, shall be made using the Water Use Permit Application, Form 160, effective May 29, 2014, (https://www.flrules.org/gateway/reference.asp?NO=Ref-03846). Applicants shall also submit one or more of the following supplemental forms, as appropriate, for each type of water use, as defined in Rule 40A-2.501, F.A.C., being proposed in the permit application:
(a) through (b) No change.
(c) Supplemental Form C – Landscape/Recreation Use, Form 160C, effective ____________ May 29, 2014, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03849).
(d) through (i) No change.
(4) through (5) No change.
(6) Applicants proposing to use water for supplementation must provide substantiating materials to show that what they are proposing meets the criteria of subsection 62-40.416(9), F.A.C., effective May 3, 2014. (https://www.flrules.org/Gateway/View_notice.asp?id=14527707)
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, 10-20-13, 1-15-14, 5-29-14, __________.
40A-2.331 Modification of Permits.
(1) through (2) No change.
(3) Modifications shall be requested by either:
(a) No change.
(b) Letter request, on the Water Use Permit Letter Modification Request Form, Form 161, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03863), which is hereby incorporated by reference into this section and available from the District’s website (nwfwater.com) or from District offices, including a description of the proposed modification and the appropriate fees. Letter requests can be utilized provided that:
1. through 8. No change.
9. The proposed modification will not extend a permit duration, except as provided for in Rule 40A-2.321 subsection 40A-2.321(4), F.A.C., as incentive for water conservation; and
10. Well replacements must be constructed within the same aquifer unit, be located within 300 2,640 feet of the original well, be located at least 300 1,000 feet from wetlands, lakes, and springs, and have a pumping capacity less than or equal to the original well.
(c) through (f) No change.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.223, 373.239 FS. History–New 10-1-82, Amended 1-5-86, 10-1-95, 7-1-98, 5-29-14, __________.
40A-2.361 Renewal of Permits.
(1) Applications for renewal of Individual Water Use Permits shall be made no earlier than one year prior to the expiration of the permit. Application for a permit renewal is timely only if actually received by the District not later than the expiration date of the existing permit.
(2) No change.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.239 FS. History–New 10-1-82, Amended 1-5-86, 11-1-93, 10-1-95, 5-29-14, __________.
40A-2.381 Limiting Conditions.
(1) through (5) No change.
(6) If water use reporting is required, the permittee shall submit the data required on the form specified in the permit for accuracy verification. The District forms described in this section are hereby incorporated by reference and are available from the District’s website (nwfwater.com) or from District offices. The form specified shall be completed on either one of the following forms at a frequency specified in the permit:
(a) Flow Meter Accuracy Water Use Report Form 170, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03869); or
(b) Alternative Method Flow Verification Water Use Permit Report Form 171, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03870).
(7) If authorized water use is for agricultural or landscape/recreation irrigation, the permittee shall submit the data required on the form specified in the permit. The District forms described in this section are hereby incorporated by reference and are available from the District’s website (nwfwater.com) or from District offices. The form(s) specified shall be:
(a) Annual Crop Summary Water Use Permit Report Form 168, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03867); and/or
(b) Crop Protection Water Use Permit Report Form 169, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03868).
(8) If water quality reporting is required, the permittee shall submit the data required on the Water Quality Consumptive Use Permit Report Form 167, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03866) which is hereby incorporated by reference and available from the District’s website (nwfwater.com) or from District offices.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.216, 373.219, 373.223, 373.250 FS. History–New 1-5-86, Amended 5-31-92, 10-1-95, 1-4-10, 5-29-14, __________.
40A-2.901 Forms.
(1) The following forms are used in the implementation of this chapter:
(a) through (l) No change.
(m) Flow Meter Accuracy Water Use Report, Form 170, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03869), and incorporated by reference in Rule 40A-2.381, F.A.C.;
(n) Alternative Method Flow Verification Water Use Permit Report, Form 171, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03870), and incorporated by reference in Rule 40A-2.381, F.A.C.;
(o) Annual Crop Summary Water Use Permit Report Form 168, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03867), and incorporated by reference in Rule 40A-2.381, F.A.C.;
(p) Crop Protection Water Use Permit Report Form 169, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03868), and incorporated by reference in Rule 40A-2.381, F.A.C.;
(q) If water quality reporting is required, the permittee shall submit the data required on the Water Quality Consumptive Use Permit Report Form 167, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03866), and incorporated by reference in Rule 40A-2.381, F.A.C.;
(r) Water Use Permit Letter Modification Request Form, Form 161, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03863), and incorporated by reference in Rule 40A-2.331, F.A.C.; and
(s) Water Use Permit Transfer Form, NWFWMD Form 163, effective May 29, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03864), and incorporated by reference in Rule 40A-2.351, F.A.C.; and
(t) Reuse Feasibility Information, Form 174, effective November 1, 2013 (http:www.flrules.org/Gateway/reference.asp?No=Ref-03261), and incorporated by reference in Rule 40A-2.101, F.A.C.
(2) These forms are available from the District website (nwfwater.com) and from the District offices listed in subsection 40A-2.021(13) 40A-2.019(12), F.A.C.
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, 10-20-13, 1-15-14, 5-29-14, __________.
40A-2.902 Areal Boundary Maps for Water Use Permitting.
General areal boundaries for Water Resource Caution Areas and Areas of Resource Concern are established for the implementation of water use permitting pursuant to this Chapter and are indicated in Figure 2-1. These boundaries are depicted in specific detail for each county on general county highway maps. These maps are hereby incorporated by reference, and can be obtained from the District’s website (nwfwater.com) or from District offices.
Resource Areas and Areas of Resource Concern are established for the implementation of water use permitting pursuant to this Chapter and are indicated in Figure 2-1. These boundaries are depicted in specific detail for each county on general county highway maps. These maps are hereby incorporated by reference, and can be obtained from the District’s website (nwfwater.com) or from District offices.
Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.216 FS. History–New 10-1-82, Amended 1-5-86, 5-4-87, 8-1-89, 5-31-92, 7-1-98, 1-1-05, 5-29-14, __________.
NAME OF PERSON ORIGINATING PROPOSED RULE: Kevin R. Hayes, Bureau Chief, Bureau of Groundwater Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board, Northwest Florida Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 10, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2014
