The purpose of the proposed rule amendments is to implement changes resulting from statewide Consumptive Use Permitting rule consistency work with Florida Department of Environmental Protection.

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-2.011Policy and Purpose

40B-2.021Definitions

40B-2.031 Implementation

40B-2.041Permits Required

40B-2.101Content of Application

40B-2.301Conditions for Issuance of Permits

40B-2.321Duration of Permits

40B-2.331Modification of Permits

40B-2.351Transfer of Permits

40B-2.361Renewal of Permits

40B-2.381Limiting Conditions

40B-2.501Classification of Permits

PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to implement changes resulting from statewide Consumptive Use Permitting rule consistency work with Florida Department of Environmental Protection.

SUMMARY: Definitions; contiguous properties; types and thresholds of permits; incorporation of revised Water Use Applicant’s Handbook, Water Use Permit application, and supplemental forms by reference; conditions for issuance; criteria for general permits by rule, year-round landscape irrigation rules; 10-year compliance reporting; standard and goal-based conservation plans; and standard water use types.

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:

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: 120.54(1)(a), 373.044, 373.113, 373.118, 373.171, 373.216 FS.

LAW IMPLEMENTED: 120.53(1)(a), 120.60, 373.016, 373.019, 373.023, 373.042, 373.0421, 373.083, 373.103, 373.116, 373.117, 373.1175, 373.118, 373.171, 373.185, 373.216, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.244, 373.246, 373.250 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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 2 days before the workshop/meeting by contacting: SRWMD, 9225 C.R. 49, Live Oak, Florida 32060. 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: Warren Zwanka

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 40B-2

PERMITTING OF WATER USE

 

40B-2.011 Policy and Purpose.

(1) The Suwannee River Water Management District (District) regulates all water uses within its boundaries pursuant to the provisions of Chapter 373, F.S., in a manner consistent with Chapter 62-40, F.A.C., and with the overall policies, goals and objectives of the District. The Governing Board hereby adopts by reference the following rules of the Florida Department of Environmental Protection: subsections 62-40.416(7) and 62-40.416(8), F.A.C., effective May 6, 2013, which are hereby incorporated by reference as of [DATE]. These documents are available at the Florida Department of State’s website: http://www.flrules.org/Gateway/reference.asp?No=Ref-02359.

(2) This chapter implements the comprehensive water use permit system contemplated in Part II of Chapter 373, F.S.

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.016, 373.023, 373.103, 373.216, 373.219 FS. History–New 10-1-82, Amended 1-6-10, [DATE].

 

40B-2.021 Definitions.

(1) “Aesthetic Use” means the use of water to augment fountains, waterfalls, and landscape lakes and ponds where such features are entirely ornamental or decorative.

(2) “Agricultural Use” means the use of water for crop production or the growing of farm products including vegetables, pasture, sod, or other cash crops, waste management or water or washing livestock. It includes soil flooding for pest control or soil preservation, freeze protection, and product washing.

(1)(3) “Alternative Water Supplies” means saltwater; brackish surface and ground water; surface water captured primarily during wet-weather flows; sources made available through the addition of new storage capacity for surface or ground water; water that has been reclaimed after one or more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water bodies with reclaimed water; storm water and any other water supply sources that are designated as non-traditional for a water supply planning region in the applicable regional water supply plan.

(4) “Aquaculture Use” means the use of water for the spawning, cultivating, harvesting, or marketing of fin-fish, shellfish, crustaceans, alligators, or other aquatic organisms that have economic value.

(5) “Augmentation Use” means the addition of water to artificially maintain the level of natural or artificial water bodies to either protect habitat for fish and wildlife or to provide for recreational uses.

(2)(6) “Average Daily Rate of Withdrawal (ADR)” means the volume of water withdrawn during 365 consecutive days divided by 365, expressed in million gallons per day. The total volume may be calculated using historical data or projected based on the best available information.

(3)(7) “Basin” as used in the context of interbasin transfer, means those major river basin areas delineated on Map Series Number 72, published by the Florida Department of Natural Resources, Bureau of Geology, 1975, down to the accounting unit level of recognition. The best information available shall be used to precisely define basin boundaries.

(8) “Bottled Water” means all water which is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water, as defined in Section 500.03(1)(d), F.S.

(9) “Change in ownership” means transfer of title to real property from the permittee to another person.

(10) “Dewatering” means the removal of ground or surface water to allow construction, excavation, or backfill to be conducted in a dry condition.

(11) “Domestic Use” means the use of water for the individual personal household purposes of drinking, bathing, cooking, and sanitation. All other uses shall not be considered domestic.

(12) “Essential Use” means the use of water for fire-fighting purposes, health and medical purposes, and to satisfy Federal, State, or local public health, safety and welfare requirements.

(4)(13) “Existing Legal Use” means all uses of water which are exempt under Chapter 373, F.S., or Chapter 40B-2, F.A.C., or which have a valid Chapter 373, Part II, F.S., permit.

(14) “Golf Course Use” means water used to irrigate an establishment designed and used for playing golf.

(5) “Harm” means when a use, diversion, or withdrawal causes adverse impact to an existing legal use of water, offsite land use, water resource, or environmental feature associated with the water resource.

(15) “Landscape Irrigation Use” means outside watering or sprinkling of flora which are not in a commercial nursery or irrigated agricultural crop environment. This use class includes the watering of lawns, shrubs, private gardens, and trees in such diverse settings as residential landscaping, public and commercial recreation areas, or public and commercial business establishments.

(16) “Maximum Daily Rate of Withdrawal (MDR)” means the volume of water which can be withdrawn during a 24-hour period expressed in million gallons per day.

(6)(17) “Minimum Flows and Levels” means the minimum flow for a watercourse or the minimum water level for ground water in an aquifer or the minimum water level for a surface water body that is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. These levels have been established by the District for designated water bodies in Chapter 40B-8, F.A.C.

(18) “Nursery Use” means the use of water on premises on which nursery stock is grown, propagated, or held for sale, distribution, or sold or reshipped.

(19) “Other Outside Uses” means the use of water outdoors for the maintenance, cleaning, or washing of structures and mobile equipment including automobiles, and the washing of streets, driveways, sidewalks, and similar areas.

(20) “Power Production Use” means the use of water for steam generation, cooling, and replenishment of cooling reservoirs.

(7)(21) “Public Interest” means those broad-based interests and concerns that are collectively shared by members of a community or residents of the District or the State.

(8)(22) “Reasonable-beneficial Use” means the use of water in such quantity as is necessary for economic and efficient consumption for a purpose and in a manner which is both reasonable and consistent with the public interest.

(23) “Self-Supplied Residential Use” means any water use associated with the maintenance of a private residence.

(9)(24) “Water” or “Waters in the State” means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the state.

(25) “Water-Based Recreation Use” means water used for public and private swimming and wading pools including water slides. This term does not include pools specifically maintained to provide habitat for aquatic life.

(10)(26) “Water Use” means any use of water which reduces the supply from which it is withdrawn or diverted.

(27) “Water Utility Use” means water used for withdrawal, treatment, transmission, and distribution by potable water systems. Water utility uses include community and non-community public water systems as defined in Chapter 62-550, F.A.C.

(11)(28) All definitions in Section 373.019, F.S., shall apply to this chapter.

Rulemaking Authority 120.54(1)(a), 373.044, 373.113 FS. Law Implemented 120.53(1)(a), 373.019, 373.216 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, [DATE].

 

40B-2.031 Implementation.

(1) An individual water use permitting program became effective on October 1, 1982, and has been implemented throughout the District.

(2) A general water use permitting program, became effective on October 1, 1982, and has been implemented throughout the District.

(3) A minor use permit by rule permitting program became effective on April 14, 2008, and has been implemented throughout the District.

(4) A general water use permit by rule permitting program became effective on [DATE] and has been implemented throughout the District. Upon implementation of this rule, the general water use and minor water use permit by rule permitting programs are hereby repealed on [DATE].

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.103, 373.118, 373.216, 373.226 FS. History–New 10-1-82, Amended 4-14-08, [DATE].

 

(Substantial rewording of Rule 40B-2.041 follows. See Florida Administrative Code for present text.)

 

40B-2.041 Permits Required.

(1) Unless expressly exempted by law or District rule, a water use permit must be obtained from the District prior to any use, withdrawal, or diversion of water.

(2) A water user shall obtain one permit for all withdrawals that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same irrigation infrastructure or (b) are operated as a common enterprise. However, when multiple use types, as defined in Rule 40B-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits.

(3) An individual permit is required for any use of water that is non-exempt pursuant to Rule 40B-2.051, F.A.C., and does not qualify for a General Permit by Rule pursuant to subsections (8) and (9) below.

(4) Either the Executive Director or the Assistant Executive Director may approve individual permit applications without a hearing, except:

(a) Any application recommended for denial shall be presented to the Governing Board for final agency action;

(b) All beverage processing regardless of the quantity of the withdrawal or diversion; or

(c) Withdrawals or diversions which are greater than or equal to one million gallons per day average daily rate of withdrawal.

(5) The District hereby incorporates Water Use Permit Application Form 40B-2.041, effective [DATE], and supplemental Forms 40B-2.041A through H, effective [DATE], by reference into this chapter. These application forms are available at District headquarters and on the District’s website: www.mysuwanneeriver.com.

(6) To obtain a permit for water uses that require an individual permit, the applicant must complete and submit the Water Use Permit Application Form 40B-2.041 and one or more of the following supplemental forms, as appropriate, for each type of water use, as defined in Rule 40B-2.501, F.A.C., being proposed in the permit application:

(a) Supplemental Form A – Agricultural Use, Form 40B-2.041A.

(b) Supplemental Form B – Industrial / Commercial, Form 40B-2.041B.

(c) Supplemental Form C – Landscape / Recreation Use, Form 40B-2.041C.

(d) Supplemental Form D – Mining / Dewatering Use, Form 40B-2.041D.

(e) Supplemental Form E – Public Supply Use, Form 40B-2.041E.

(f) Supplemental Form F – Other Use, Form 40B-2.041F.

(g) Supplemental Form G – Institutional Use, Form 40B-2.041G.

(h) Supplemental Form H – Diversion and Impoundment, Form 40B-2.041H.

These forms are available at District headquarters and on the District’s website: www.mysuwaneeriver.com.

(7) In the event the proposed water use is associated with a project that requires a water well construction permit under Chapter 373, Part III, F.S., and District rules, the water well construction permit shall not be issued until the water use permit has been issued.

(8) The Board hereby grants a General Permit by Rule for all non-exempt consumptive uses of water within the District that satisfy the following criteria:

(a) Have a cumulative average daily use less than 100,000 gallons per day on an annual basis;

(b) Are from facilities having a cumulative withdrawal capacity of less than 1,000,000 gallons per day;

(c) Are from groundwater wells less than eight (8) inches in diameter.

(d) Are from surface water facilities which have a cumulative intake diameter less than six (6) inches.

(e) Are consistent with requirements of any applicable mandatory reuse zones;

(f) Does not exceed any of the specific thresholds identified in subsection (11) of this rule;

(g) None of the applicant’s consumptive uses are for beverage processing;

(h) The water is not transported across water management district boundaries;

(i) All uses shall employ standard water conservation practices for the use type, such as the Districts water conservation requirements in the Water Use Permit Applicant’s Handbook;

(j) In the event of a water shortage as declared by the Board, the permittee shall adhere to all limitations on withdrawal or use ordered by the District pursuant to Chapter 40B-21, F.A.C.; and

(k) The permittee shall allow District personnel access at reasonable times and at District expense, or with District equipment, to monitor withdrawal rates and volumes authorized by this permit.

(9) The Board hereby grants a General Permit by Rule for landscape irrigation uses, provided they meet the criteria specified below:

(a) The average daily use is less than 100,000 gallons per day and the maximum daily use is less than 250,000 gallons per day.

(b) The use is consistent with the requirements of any applicable mandatory reuse zones.

(c) The source of water will be:

1. Withdrawn from a single groundwater well with a uniform casing diameter of four inches or less; or

2. Withdrawn from a single surface water withdrawal point with a pipe diameter of four inches or less; or

3. Withdrawn from a water utility.

(d) For the purpose of this rule, the terms “residential landscape irrigation” and “non-residential landscape irrigation” are defined in this paragraph (d) as follows. “Residential landscape irrigation” means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. “Non-residential landscape irrigation” means the irrigation of landscape not included within the definition of “residential landscape irrigation,” such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. For the purpose of this rule, “address” means the “house number” of the physical location of a specific property. This excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Services to determine a delivery location, the lot number shall be the property’s address. An “even numbered address” means an address ending in the numbers 0, 2, 4, 6, 8 or letters A-M. An “odd numbered address” means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.

1. When Daylight Savings Time is in effect, landscape irrigation shall occur in accordance with the following irrigation schedule:

a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

c. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

d. No more than 3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:

a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

c. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

d. No more than 3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

3. Landscape irrigation shall be subject to the following exceptions:

a. Irrigation using a micro-spray, micro-jet, drip, or bubbler irrigation system is allowed anytime.

b. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.

c. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed 1/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

d. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per irrigation zone.

e. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day.

f. Discharge of water from a water-to-air air conditioning unit or other water dependent cooling system is not limited by this permit.

g. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods.

h. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.

(e) Any landscape irrigation uses that deviate from these criteria shall be required to obtain a permit in accordance with subsection (11) below.

(10) The General Permit by Rule established in subsections (8) and (9) above shall also be subject to the limiting conditions in Section 5.1 and the applicable limiting conditions for the use type in Section 5.2 of the Water Use Permit Applicant’s Handbook.

(11) Notwithstanding the criteria enumerated in subsections (8) and (9) above, an individual permit is required for all consumptive uses, withdrawals or diversions of water:

(a) when the use of water does not meet the criteria in subsection (8) or (9) above; or

(b) evidence indicates the use is likely to cause adverse impacts to existing water or land uses or the water resources or the withdrawal is within an area that is experiencing withdrawal-related adverse water resource impacts.

(12) Permittees who wish to modify an existing general or individual water use permit to a General Permit by Rule as provided in subsections (8) and (9) above, or who wish to abandon a water use permit, must complete and submit Form 40B-2.041S: Water Use Permit Status Form, effective [DATE], which is hereby incorporated by reference. This form is available at District headquarters and on the District’s website: www.mysuwaneeriver.com.

(13) Any person whose withdrawal otherwise meets the thresholds for a General Permit by Rule as specified in subsections (8) and (9) above may submit an application to obtain an individual permit at their sole discretion.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.103, 373.118, 373.219, 373.226, 373.244 FS. History–New 10-1-82, Amended 5-1-83, 6-16-88, 4-14-08, 1-6-10, [DATE].

 

40B-2.101 Content of Application.

Applications for permits required by this chapter shall be filed with the District and contain the following:

(1) The information specified in Section 373.229, F.S.;

(2) The appropriate application form incorporated by reference in Rule 40B-2.041, F.A.C., which is available at District headquarters and on the District’s website: www.mysuwanneeriver.com.

(3) Best available technical and other supporting information sufficient to demonstrate that the use meets the conditions for issuance as specified in subsection Section 373.223(1), F.S., and Rule Section 40B-2.301, F.A.C. Any supporting information or calculations required to be prepared by a professional regulated under Florida law shall bear the certification of such professional.

(4) The relevant information required by Section 1.0 section 2.0, Water Use Permit Applicant’s Handbook Permitting Guide.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.116, 373.117, 373.1175, 373.219, 373.223, 373.229 FS. History–New 10-1-82, Amended 1-6-10, [DATE].

 

(Substantial rewording of Rule 40B-2.301 follows. See Florida Administrative Code for present text.)

 

40B-2.301 Conditions for Issuance of Permits.

(1) To obtain a water use permit, renewal, or modification, an applicant must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis:

(a) Is a reasonable-beneficial use;

(b) Will not interfere with any presently existing legal use of water; and

(c) Is consistent with the public interest.

(2) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use:

(a) Is a quantity that is necessary for economic and efficient use;

(b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest;

(c) Will utilize a water source that is suitable for the consumptive use;

(d) Will utilize a water source that is capable of producing the requested amount;

(e) Except when the use is for human food preparation and direct human consumption, will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible;

(f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations;

(g) Will not cause harm to the water resources of the area in any of the following ways:

1. Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion;

2. Will not cause harmful water quality impacts from dewatering discharge to receiving waters;

3. Will not cause harmful saline water intrusion or harmful upcoming;

4. Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and

5. Will not otherwise cause harmful hydrologic alterations to the water resources of the area.

(h) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and

(i) Will not use water reserved pursuant to subsection 373.223(4), F.S.

(3) The standards and criteria set forth in the Water Use Permit Applicant’s Handbook, effective [DATE], hereby incorporated by reference into this chapter, if met, will provide the reasonable assurances required in Rule 40B-2.301, F.A.C. This document is available at District headquarters or on the District’s website: 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, 3-24-13, [DATE].

 

40B-2.321 Duration of Permits.

(1) Pursuant to Section 373.236, F.S., the District shall issue permits with 20-year durations when the applicant requests a 20-year duration as part of its permit application and provides reasonable assurance that the District’s conditions for permit issuance will be met for 20 years. The Legislature has established four exceptions to the 20-year maximum permit duration:

(a) The District shall issue permits with up to a 50-year duration to a municipality or other governmental body, or to a public works or public service corporation, when required to provide for the retirement of bonds for the construction of waterworks or waste disposal facilities.

(b) The District shall issue permits with at least a 20-year duration when the permit is approved for the development of alternative water supplies. The District shall extend the duration of such permits up to 50 years when the following conditions are met:

1. The permittee has issued bonds for construction of the alternative water supply project;

2. The permittee submits a written request to extend the duration of the permit to the District prior to the permit expiration date; and

3. The Governing Board determines that the water use will continue to meet the conditions for issuance in Section 40B-2.301, F.A.C., for such additional time as is required for the retirement of the issued bond.

(c) When a private, rural landowner contributes greater than fifty percent (50%) of the land or funding needed to enable the expeditious implementation of an alternative water supply development project the District shall issue permits with up to a 50-year duration to a municipality, county, special district, regional water supply authority, multi-jurisdictional water supply entity, and public or private utilities. However, this provision does not apply to public or private utilities created for or by a private landowner after April 1, 2008. An applicant that requests a longer duration permit under this paragraph must have an agreement with the landowner to efficiently pursue an alternative public water supply development project identified in the District’s regional water supply plan and meeting the water demands of both the applicant and the landowner. In addition, reasonable assurances must be provided that the District’s conditions for issuance will be met for the duration of the permit. All such permits will require submittal of a compliance report every five years to maintain reasonable assurance that the conditions for permit issuance applicable at the time of review of the compliance report are met, following which the Governing Board may modify the permit as necessary to ensure that the use meets the conditions for issuance.

(d) The District shall issue permits with at least a 25-year duration when the permit is approved for a renewable energy generating facility or the cultivation of agricultural products on lands consisting of 1,000 acres or more for use in the production of renewable energy, as defined in Section 366.91(2)(d), F.S. The duration shall be based on the facility’s anticipated life provided reasonable assurances are provided that the conditions for issuance will be met for that time period. Otherwise, the permit will be issued for a shorter duration that reflects the longest period for which such reasonable assurances are provided.

(2) The Governing Board is authorized to issue permits for periods greater than 20 years pursuant to subsections 373.236(3), (5)(a), (5)(b)1., (6)(a), and (7), F.S.

(3)(2) The Governing Board shall require tenfive-year compliance reports for permits with 20-year or longer durations issued pursuant to subsection paragraphs (2)(1)(a), (b) or (d) above when necessary to maintain reasonable assurance that the initial conditions for permit issuance will continue to be met for the 20-year or longer duration. Data requirements for ten-year compliance reports are listed in Section 4.4 of the Water Use Permit Applicant’s Handbook.

(4)(3) All other permits shall have shorter durations based upon the period of time for which reasonable assurances are provided that the District’s conditions for permit issuance are met. Special duration factors listed in Section 1.5 of the Water Use Permit Applicant’s Handbook shall be considered in determining permit durations.

(5)(4) Nothing herein shall preclude or otherwise prevent the Governing Board from terminating, revoking, or temporarily suspending any permit in accordance with these rules or taking such other action as may be provided for in the permit. Additional information including the data requirements for the five-year compliance reports and special duration factors are contained in the District’s Water Use Permitting Guide.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.236 FS. History–New 10-1-82, Amended 1-6-10, [DATE].

 

40B-2.331 Modification of Permits.

A permittee may seek modification of an unexpired permit consistent with Rule 40B-1.703, F.A.C.

(1) A permittee may apply for modification by letter to the District if the proposed modification involves water use less than 100,000 gallons per day. Either the Executive Director or the Assistant Executive Director shall approve proposed modifications by letter without a hearing in the following circumstances, except that any request for modification recommended for denial shall be presented to the Governing Board for final agency action:

(a) A change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need; or

(b) The proposed modification would result in a more efficient use of water than is possible under the existing permit;. or

(c) When a public water supply permittee achieves demonstrable water savings attributable to implementation of a water conservation plan pursuant to subsection 2.3.2.3(b), Water Use Permit Applicant’s Handbook.

(2) A permittee may apply to modify an existing permit to voluntarily implement the District’s water use monitoring and reporting requirements as set forth in Section 4.13.4 of the Water Use Permit Applicant’s Handbook Permitting Guide. The Governing Board shall determine final agency action on modifications under this paragraph.

(3) All permit modification applications other than under subsection (1) above shall comply with the requirements of Section 373.229, F.S., and shall contain all of the information required by the permit conditions and by Rule 40B-2.101, F.A.C. This shall include all permits that have been previously considered by the Governing Board for issuance.

(4) All requests to modify the terms of an unexpired permit shall be evaluated under the criteria of Rule 40B-2.301, F.A.C., and subject to the limiting conditions in Rule 40B-2.381, F.A.C.

(5) Following the District’s review of a ten-year compliance report, the Governing Board may modify the permit pursuant to subsection 5.2.10, Water Use Permit Applicant’s Handbook to ensure that the use meets the conditions for permit issuance.

(6) The Governing Board shall issue an order to modify an existing use when conditions warrant such action in order to obtain the most beneficial use of the water resources of the state and to protect the public health, safety, and welfare and the interests of the water users affected. Such order must include a finding by the Governing Board that the use proposed to be modified is detrimental to other water users or to the water resources of the state.

(7) In order to promote significant water savings beyond that required to achieve efficient water use in the permitting process, a public water supply permittee implementing a standard water conservation plan or a goal-based water conservation plan shall receive a permit extension for quantifiable water savings attributable to water conservation when the conditions below are met. The permittee may request the extension through a letter modification request.

(a) The permittee must be in compliance with the conditions of its permit.

(b) The permittee must demonstrate quantifiable water savings exceeding those required in the permitting process. Acceptable methods for quantifying water savings include reductions in residential per capita, gross per capita, or per service connection use or replacement of outdoor irrigation from traditional public supply sources with irrigation using alternative water sources. The quantification method used must be consistent with the calculation of demand used to establish the currently permitted allocation.

(c) The permittee must demonstrate a need for the conserved water to meet the projected demand through the term of the extension.

(d) The permittee demonstrates water savings sufficient to qualify for at least one-year permit extension.

(e) The permit extension shall provide only for the modification of the duration of the permit and shall not be used to increase the quantity of the allocation.

(f) A permittee must demonstrate that the water savings were achieved through water conservation and not as a result of population changes, economic or other factors unrelated to conservation. In the absence of these factors, if the permittee demonstrates timely implementation of its District-approved conservation plan, then the water savings shall be attributed to implementation of the conservation plan.

(g) The specific duration of the extension will be calculated based on the quantity of water saved through conservation and the demonstration of water demand based on projected growth, as calculated at the time of the extension request.

(h) A permittee may request an extension no sooner than five years after issuance of the original permit, and be granted extensions no more frequently than every five years thereafter.

(i) For permits with a duration of five years or less, a permittee may request an extension no sooner than one year prior to the original permit expiration date.

(j) Multiple permit extensions may be requested to reflect additional water saved over the term of the permit. However, in no case shall the cumulative duration of all extensions exceed ten years from the original permit expiration date.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.083, 373.171, 373.219, 373.223, 373.229, 373.239, 373.246 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, 3-14-13, [DATE].

 

40B-2.351 Transfer of Permits.

(1) Water Use Permit Transfer Form: Form Number 40B-2.351A, effective January 6, 2010, is hereby incorporated by reference. This form is available at District headquarters and on the District’s website at www.mysuwanneeriver.com.

(2) Persons who wish to continue a permitted water use and who have acquired the ability to operate and maintain the withdrawal and/or diversion facilities, shall apply to the District within 30 90 days of acquiring such ability. Such persons must provide reasonable assurances of the ability to operate and maintain the withdrawal and/or diversion facilities for the duration of the permit in accordance with the permit terms and conditions. Permit transfer requests shall be submitted on the District’s Water Use Permit Transfer Form 40B-2.351A. The District shall transfer the permit provided the previously permitted use remains the same.

(3) Persons who apply to transfer a permit under subsection (2) above and propose to change the source, use, or withdrawal quantity or source quality from those specified in the permit, must follow the procedures for modification in Rule 40B-2.331, F.A.C.

(4) All water use under a transferred permit must comply with the terms and conditions of that permit.

(5) A permit not transferred as prescribed herein shall be void without any further action by the District.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.239 FS. History–New 10-1-82, Amended 1-6-10, [DATE].

 

40B-2.361 Renewal of Permits.

(1) An application for permit renewal may be made at any time within one year of the expiration date, unless the permittee can show good cause for earlier consideration. All permit renewal applications shall be treated in the same manner as the initial application.

(2) All permit renewal applications shall be processed in the same manner as the original application and shall contain reasonable assurances that the proposed water use meets all of the conditions for issuance in Rule 40B-2.301, F.A.C., and the Water Use Permit Applicant’s Handbook Permitting Guide.

(3) If an application and appropriate fee for renewal are not received either prior to or on the permit expiration date, the permit shall expire without any action by the District.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.223, 373.229, 373.239 FS. History–New 10-1-82, Amended 1-6-10, 1-6-10, [DATE].

 

40B-2.381 Limiting Conditions.

(1) The Governing Board shall impose such reasonable conditions upon any water use permit as are necessary to assure that the proposed use of water is consistent with the overall objectives, policy, and purpose of the District as set forth in Chapter 373, F.S., and will not be harmful to the water resources of the District.

(2) Standard limiting conditions which will be placed on every water use permit are contained in Section 5.1 section 3.6.1., Water Use Permit Applicant’s Handbook Permitting Guide.

(3) Special limiting conditions for each water use class designated in Rule 40B-2.501, F.A.C., are contained in Section 5.2 section 3.6.2, Water Use Permit Applicant’s Handbook Permitting Guide.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.116, 373.216, 373.219, 373.223, 373.227, 373.236, 373.250 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, [DATE].

 

40B-2.501 Classification of Permits.

Each permit for water use shall be assigned one or more classifications according to the source(s) of supply, method(s) of withdrawal, and use(s) of the water. The classifications shall be as follows:

(1) Source of Supply Classes.

(a) Surface Water. Withdrawals from surface water bodies shall be classified by the basin or subbasin as specified by the rule or by the specific surface water source.

(b) Ground Water. Withdrawals from groundwater aquifers shall be classified as either Confined Floridan Aquifer, Unconfined Floridan Aquifer. Artesian Aquifer, or Surficial Aquifer.

(c) Alternative Water Supplies.

(2) Method of Withdrawal Classes.

(a) Pumped.

(b) Diverted.

(3) Water Use Classes and Subclasses.

(a) Agriculturale.

1. Freeze Protection Livestock.

2. Aquaculture.

3. Nursery.

4. Crops, Fruits, and Vegetables.

5. Forage, Pasture, and Sod.

(b) Commercial.

1. Beverage Processing Industrial.

2. Mining.

3. Power Plant.

4. Hydrostatic Testing.

5. Golf Course.

6. Recreation.

7. Landscape.

8. Bottled Water.

9. Other Commercial.

(c) Public Potable Water Supply.

1. Public Supply.

2. Private Utility.

3. Non-Community Water Supply.

(d) Diversion and Impoundment Augmentation.

(e) Other.

(f) Industrial.

1. Power Generation.

(g) Institutional.

(h) Landscape Irrigation.

(i) Mining/Dewatering.

(j) Recreation.

These classifications do not establish either reasonable-beneficial use, or any priority ranking of source, withdrawal method, or water use classes.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.246 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, [DATE].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: : Warren Zwanka, 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: November 12, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012