Water Management Districts, Northwest Florida Water Management District

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NOS.:RULE TITLES:

40A-2.011Policy and Purpose

40A-2.021Definitions

40A-2.031Items Incorporated by Reference

40A-2.041Permits Required

40A-2.051Exemptions

40A-2.061General Water Use Permits by Rule

40A-2.101Content of Application

40A-2.201Fees

40A-2.223Reservation of Water

40A-2.301Conditions for Issuance of Permits

40A-2.321Duration of Permits

40A-2.331Modification of Permits

40A-2.351Transfer of Permits

40A-2.361Renewal of Permits

40A-2.381Limiting Conditions

40A-2.441Temporary Permits

40A-2.501Permit Classification

40A-2.801Declaration of Water Resource Caution Areas

40A-2.802Water Resource Caution Areas

40A-2.901Forms

40A-2.902Areal Boundary Maps for Water Use Permitting

40A-2.904Areal Boundary Maps for Water Resource Caution Areas

PURPOSE AND EFFECT: The Northwest Florida Water Management District (NWFWMD) gives notice that it is developing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP), minimum flows and levels (MFLs), and water supply related programs of the WMDs. This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida. This rule development will make appropriate rule amendments to NWFWMD Chapter 40A-1, F.A.C., to address the following goals of the DEP and the WMDs for this rulemaking: (1) making the CUP rules less confusing for applicants; (2) treating applicants equitably statewide; (3) providing consistent protection of the environment; (4) streamlining the application and permitting process; and (5) incentivizing behavior that protects water resources, including water conservation. Additional information about the statewide CUP consistency initiative is available at DEP’s website at: www.dep. state.fl.us/water/waterpolicy/cupcon.htm.

SUMMARY: Consistency Initiative, Florida’s five Water Management Districts have developed draft rules to incorporate proposed changes to the permitting processes. The Initiative is intended to improve consistency and streamline the permitting process in the consumptive use or water use programs implemented by the districts. In accordance with this Initiative, the Northwest Florida Water Management District (NWFWMD) is revising its water use permit application thresholds, application procedures and supporting documentation to meet the conditions for issuance, with attention paid to special areas of resource concern. Permitting rules are designed to ensure reasonable and beneficial uses of water within the jurisdiction and water supply context of the NWFWMD.

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.

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:

Angela Chelette, Northwest Florida Water Management District, Bureau of Groundwater 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-2.011 Policy and Purpose.

The purpose of this chapter is to implement the provisions of Part II of Chapter 373, F.S., and the Water Resource Implementation Rule set forth in Chapter 62-40, F.A.C. Additional rules relating to water use are found in Chapter 40A-1, F.A.C., entitled General and Procedural, Chapter 40A-3, F.A.C., entitled Regulation of Wells and Chapter 40A-21, F.A.C., entitled Water Shortage Plan. In order that the waters of the District shall be conserved and managed so as to realize their full beneficial use, it is the policy of the Northwest Florida Water Management District to manage the water resources of the District to promote the conservation, development, and proper utilization of surface and ground water, and to encourage and promote water conservation and the reuse of reclaimed water.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219 FS. History–New 10-1-82, Amended 1-5-86, 10-1-95, 7-1-98,_________.

 

40A-2.021 Definitions.

(1) Aesthetic use – the use of water for fountains, waterfalls and landscape lakes and ponds where such uses are ornamental and decorative.

(2) Agricultural irrigation use – the use of water for the commercial production of crops or the growing of farm products including vegetables, citrus, pasture, nursery stock, turf grass and sod.

(1) Alternative water supply – a water source that meets the definition in Section 373.019, F.S.

(2)(3) Annual average daily withdrawal – an amount of water that is equal to the total a volume of water withdrawn or diverted from all sources during one year equal to the calculated annual withdrawal divided by 365 days, and expressed in gallons per day (gpd).

(3)(4) Annual withdrawal – the quantity of water withdrawn or diverted during any 365 day period.

(4)(5) Aquifer remediation – the withdrawal of groundwater ground water for the authorized removal of contaminants for the purposes of restoring water quality.

(6) Aquacultural use – the use of water for spawning, cultivating, harvesting or marketing of fin-fish, shellfish, crustaceans, frogs, turtles and other aquatic organisms that have a sport or other economic value.

(5) Area of Resource Concern – areas delineated on the map contained in Rule 40A-2.902, F.A.C., where resource concerns exist related to water availability, water quality, high anticipated growth in demand or other factors.

(6)(7) Base flow – the sustained or fair-weather streamflow. Base flow is the difference between streamflow (total runoff) and direct runoff. Base flow originates from rainwater that percolates downward to the water table and moves laterally through the groundwater ground water aquifer toward the streams.

(7)(8) Capacity – the amount of water that can be withdrawn or diverted by a ground or surface water pump within a 24-hour period. The capacity of a pump is derived by multiplying the rating of a pump in gallons per minute by 1,440 minutes (24 hours), expressed in gallons per day.

(8)(9) Closed system – an air conditioning / heat pump supply well and return flow well used to inject water carrying no additives into the same permeable zone from which the water was withdrawn by the supply well.

(10) Commercial use – businesses, operations and facilities in which water is the prime ingredient of the service or product rendered, such as a car wash, laundromat or bottled water.

(11) Conservation rate structure – a schedule of utility water rates designed to promote efficient use of water by providing economic incentives.

(9)(12) Department – the Florida Department of Environmental Protection.

(13) Dewatering use – the removal of water from a specific area to facilitate mining or construction.

(10) Disapproved facility – a facility that has been formally disapproved or deemed unsuitable by the District, Department, Florida Department of Health.

(11)(14) District – the Northwest Florida Water Management District.

(12) District offices – locations staffed by District personnel from which materials incorporated by reference into the rule can be obtained. These are:

(a) District Headquarters, Permitting Section, 152 Water Management Drive, Havana, FL 32333-9700;

(b) Tallahassee Field Office, Carr Building, Suite 225, 3800 Commonwealth Blvd., MS LS225, Tallahassee, FL 32399; and

(c) Crestview Field Office, 180 E. Redstone Avenue, Crestview, FL 32539-7385.

(15) Diversion and impoundment into non-District facilities – the diversion or extraction of water into non-District impoundments and delivery systems designed for such purposes as maintaining structural integrity, providing agricultural water and other non-recreational, non-aesthetic use.

(13)(16) Domestic self supply use or domestic consumption – the self-supplied use of water for individual personal household purposes such as drinking, bathing, cooking, sanitation, or cleaning, which occurs in a private residence, and includes no more than one rental residence or no more than four non-rental residences served by one well.

(17) Drought rate structure – an element of a utility rate structure intended to provide an economic incentive to reduce water use during times of drought.

(18) Essential use – the use of water strictly for firefighting purposes, health and medical purposes and the use of water to satisfy federal, state, or local public health and safety requirements.

(14)(19) Facility – structure that allows for the withdrawal or diversion of water from a particular source. Facilities include, but are not limited to, wells, pumps, pipelines, flumes, canals, ditches, swales, artificial ponds, etc.

(15) Florida-friendly landscaping – a landscaping method detailing nine principles that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant as outlined in Section 373.185, F.S.

(20) Flow meter – an instrument, when properly installed and calibrated, that is used for the precise measurement of water flow through a closed pipe.

(21) Freeze protection use – the periodic and infrequent use of water to protect agricultural and nursery crops from permanent damage due to low temperatures.

(16)(22) General Wwater Uuse Ppermit – a permit granted by rule to an entity for those all non-exempt water uses that meet specific criteria outlines in this Chapter users who are not required to apply for a Standard Individual Water Use Permit.

(23) Golf course irrigation use – golf course irrigation is the use of water to irrigate golf courses.

(17)(24) Governing Board – the Ggoverning Bboard of the Northwest Florida a Wwater Mmanagement Ddistrict created under Section 373.07369, F.S.

(18) Harm – harm occurs 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 resource. De minimus impacts do not constitute harm.

(19)(25) Heating or cooling use – a type of commercial water the use involving of water for heating, air-conditioning, or other cooling uses.

(20) Illegally constructed facility – a well constructed or repaired without the appropriate permit having been issued pursuant to Chapter 40A-3, F.A.C., or that is not compliant with the requirements of Chapter 40A-3, F.A.C.

(21) Impact offset – the use of reclaimed water to reduce or eliminate a harmful impact that has occurred or would otherwise occur as a result of other surface water or groundwater withdrawals as described in section 2.2.3.3 of the Water Use Permit Applicant’s Handbook and in subsection 62-40.416(7), F.A.C.

(22)(26) Individual Wwater Uuse Ppermit – a permit granted by the Governing Board or Executive Director, subject to the evaluation and approval of the application pursuant to procedures described in Rule 40A-1.203, F.A.C.

(27) Industrial use – those uses wherein the water serves the purposes of manufacturing, commerce, trade or industry.

(28) Informative billing – a system of providing water utility customers with useful information on the relationship between the amount of water they use and the cost associated with that use.

(29) Irrigation use – the process of artificially applying water to plant growth media or directly to living plant material.

(30) Landscape irrigation use – is the outside watering of plants, shrubs, lawns, grass, ground cover, trees, and other such flora which are planted and are situated in such diverse locations as homes, non-commercial household gardens, industrial buildings, parks, recreational areas, cemeteries, public right-of-ways, and medians.

(31) Limited use public supply use – the use of water in public water systems not covered under the definitions of Domestic Self Supply Use or Public Water Supply Use of this section, and which is further defined as either:

(a) Limited Use Commercial Public Water System Use – the use of water by one or more nonresidential establishments; or

(b) Limited Use Community Public Water System Use – the use of water by five or more private residences or two or more rental residences.

(32) Livestock and other animals use – water for drinking by or washing of livestock, including zoo animals.

(33) Management level – the potentiometric level or surface water level or flow below which water conservation and water use limitations are imposed to enhance the management of the resource and to prevent surface or ground water levels from declining to the established minimum level.

(23)(34) Maximum daily withdrawal – the maximum volume of water withdrawn or diverted during any consecutive 24-hour period, expressed in gallons per day.

(24)(35) Maximum monthly withdrawal – the maximum volume of water withdrawn or diverted during any given month of the year, expressed in gallons.

(25)(36) Minimum flow and level – the minimum flow for a water course or the minimum water level for ground water in an aquifer or minimum water level for a surface water body at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

(26) Minimum level – the minimum water level for groundwater in an aquifer or for a surface water body at which further withdrawals would be significantly harmful to the water resources of the area.

(37) Mining use – the use of water in the extraction, transportation, or processing of minerals.

(38) Navigation use – water discharged from ground or surface sources either to tide water or to downstream lakes or reaches of rivers or canals for the purpose of permitting or protecting boating activity.

(27)(39) Non-potable water use – water not utilized for domestic use, other public supply or public water supply or other human consumption use as defined herein by Chapter 40A-2, F.A.C.

(40) Nursery irrigation use (Non-agricultural) – the use of water on premises on or in which nursery stock is held for sale or distribution or is sold or reshipped. This term does not apply to water used for production of nursery stock.

(41) Other outside use – the use of water outdoors for dust control, the maintenance, cleaning and washing of structures and mobile equipment including automobiles, and the washing of streets, driveways, sidewalks and similar areas.

(42) Perishable food processing use – the use of water in the processing of perishable food (e.g., meat packing).

(43) Power production use – the use of water for steam generation and the use of water for cooling and for replenishment of cooling reservoirs.

(44) Public water supply use – the use of water as defined by the Florida Safe Drinking Water Act, and means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. A COMMUNITY WATER SYSTEM is a public water system which has at least 15 service connections used by year-round residents or which regularly serves at least 25 year-round residents. A NON-COMMUNITY WATER SYSTEM is a public water system which serves at least 25 individuals daily at least 60 days out of the year but the individuals served are not year-round residents and may be transients.

(28)(45) Reasonable-beneficial use – the use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest.

(29)(46) Reclaimed water – except as specifically provided in Chapter 62-610, F.A.C., as defined in Section 373.019, F.S., water that has received at least secondary treatment and basic disinfection, and is reused after flowing out of a wastewater treatment facility.

(30) Secondary use – use of water by an entity, separate from a water supplier (as defined herein), whose source of water, in whole or in part, is from a water supplier.

(47) Recreation area irrigation use – the use of water to irrigate recreational areas such as soccer, baseball and football fields or playgrounds.

(48) Reservoir – any artificial or natural holding area which contains or will contain the water impounded by a dam.

(49) Reuse – deliberate application of reclaimed water, in compliance with the Department and District rules, for a beneficial purpose.

(50) Sanitation use – the use of water for toilet facilities and for cleaning when the use occurs in a non-residence. This use does not include drinking water or water used in cooking.

(51) Seasonal rate structure – a utility water rate structure in which the amount charged per unit of water increases during the peak demand season.

(52) Soil flooding use – the use of water for raising of water levels on agricultural lands for purposes not directly related to such purposes as crop growth, soil preservation, crop harvesting and pest control.

(53) Stormwater recycling – capturing stormwater for irrigation or other beneficial use.

(54) Stream – any river, creek, slough, or natural water course in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. The fact that some part of the bed or channel has been dredged or improved does not prevent the watercourse from being a stream.

(55) Surface waters – water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.

(31) Substitution credit – the use of reclaimed water to replace all or a portion of an existing permitted use of resource-limited surface water or groundwater, allowing a different user or use to initiate a withdrawal or increase its withdrawal from the same resource-limited surface water or groundwater source, provided that the withdrawal creates no net adverse impact on the limited water resource or creates a net positive impact if required by the district rule as part of a strategy to protect or recover a water resource, as described in section 2.2.3.3 of the Water Use Permit Applicant’s Handbook.

(32)(56) System – two or more water withdrawal or diversion facilities which are derived from or used to serve properties that are physically proximate and either share the same infrastructure or are operated as a common enterprise contiguous property, are used collectively to provide water, and are controlled by a specific governing or controlling entity, public or private.

(57) Water-based recreation use – the use of water for public or private swimming and wading pools and other water-oriented recreation such as fishing, boating and swimming, and including water slides.

(33)(58) Water Resource Caution Area – a geographic area, officially designated by the Governing Board by rule that is experiencing, or is anticipated to experience within the next 20 years, critical water resource problems as provided by the criteria identified in subsection 40A-2.801(1), F.A.C.

(34) Water supplier – an entity, such as a water utility or regional water authority, that has obtained a water use permit to withdraw water, of which some portion is distributed to another entity for a secondary use.

(35) Water use – the use, diversion or withdrawal of water regulated under this Chapter.

(59) Waters or Waters in the State – 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.

(60) Well any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of ground water, but such term does not include any well for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying, for inserting media to dispose of oil brines or to repressure oil-bearing or natural gas-bearing formation, or for storing petroleum, natural gas, or other products, or for temporary dewatering of subsurface formation for mining, quarrying, or construction purposes.

(36)(61) Well casing size – the nominal diameter (within 0.5 inch) of the water bearing well casing at the upper terminus (e.g., 4-inch well casing means casing 4.5 inches outside diameter as a standard dimension). For purposes of this rule, the diameter of the well at ground surface will be presumed to be the diameter of the well for the entire length unless the well owner or well contractor can demonstrate that the well has a smaller diameter water bearing casing below ground surface.

(62) Well size – the size of the well casing at ground level.

(63) Xeriscape™ – a water conserving landscaping method that incorporates the principles of design, appropriate plant selection, soil improvement, efficient irrigation, mulching, turf concentration and proper maintenance.

(64) Xeriscape Ordinance – any new ordinance, landscape code or amendment to an existing ordinance or code that requires all development permitted after the effective date of the new ordinance, code or amendment to use Xeriscape landscaping.

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,__________.

40A-2.031 Items Incorporated by Reference.

The following items are hereby incorporated by reference into this chapter and are available from the District’s website (www.nwfwmd.state.fl.us) or from District offices upon request:

(1) Rule of the Florida Department of Environmental Protection: Water Reuse and Recycling subsections 62-40.416(7) and 62-40.416(8), F.A.C., effective May 6, 2013.

(2) The Northwest Florida Water Management District Water Use Permit Applicant’s Handbook, effective_______________.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216 FS. History–New ___________.

 

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

 

40A-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) The District issues water use permits in two forms, Individual Water Use Permits and General Water Use Permits. General Water Use Permits are issued by rule.

(3) An individual permit is required for any use of water which is non-exempt and does not qualify for a General Water Use Permit by rule in accordance with Rule 40A-2.061, F.A.C.

(4) Under certain circumstances, the District is authorized to issue a temporary water use permit pursuant to Section 373.244, F.S.

(5) A water user shall obtain one permit for all withdrawals and diversions that are intended to serve contiguous property. Two or more properties represented by their owners 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 withdrawal facilities and related infrastructure or (b) are operated as a common enterprise. However, when multiple use types, as defined in Rule 40A-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits.

Rulemaking Authority 373.044, 373.113, 373.116, 373.118, 373.171 FS. Law Implemented 373.171, 373.219, 373.226 FS. History–New 10-1-82, Amended 1-5-86, 5-4-87, 8-1-89, 5-31-92, 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06,________.

 

(Substantial rewording of Rule 40A-2.051 follows. See Florida Administrative Code for present text.)

 

40A-2.051 Exemptions.

No permit is required under Rule 40A-2.041, F.A.C., for water used strictly for domestic use which occurs in a private residence, and includes no more than one rental residence or no more than four non-rental residences served by one well.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219 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, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 1-4-10,________.

 

(Substantial rewording of Rule 40A-2.061follows. See Florida Administrative Code for present text.)

 

40A-2.061 General Water Use Permits by Rule - Criteria, Limitations and Conditions.

(1) General Water Use Permit by Rule.

(a) The Board hereby grants a General Water Use Permit for all non-exempt, water uses of water that satisfy the following criteria:

1. Have a cumulative average annual daily withdrawal less than 100,000 gallons per day on an annual basis;

2. Are from facilities having a cumulative withdrawal capacity of less than 1,000,000 gallons per day;

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

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

5. Are consistent with requirements of any applicable mandatory reuse zones; and

6. Are not within a Water Resource Caution Area or Area of Resource Concern as delineated in Rule 40A-2.902, F.A.C.

(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.

(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. Has a duration of 180 days or less;

2. Has a maximum daily withdrawal of less than five (5) million gallons;

3. Has a maximum total project withdrawal or diversion of:

a. less than 100 million gallons for dewatering operations if all discharge is retained on the project site;

b. less than 100 million gallons for lake drawdown; or

c. less than 35 million gallons for projects other than dewatering or lake drawdown.

4. Dewatering is occurring only in the uppermost, water table aquifer.

5. Will not dewater to a depth below 0.0 feet NGVD within 1,000 feet of saline water laterally, except when dewatering water with a chloride concentration of greater than 1,000 milligrams per liter;

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.;

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) Linear projects, such as roads, utilities, or pipelines, qualify for multiple General Water Use Permits by Rule having a rolling 90-day duration, in which the dewatering operation at the end of each 90-day period occurs more than one (1) linear mile from the location at the beginning of each 90-day period.

(c) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook.

(3) General Water Use Permit by Rule for Closed-Loop Systems.

(a) The Board hereby grants a General Water Use Permit for the use of water in closed-loop, cooling/heating systems for swimming pools and air conditioning units provided the following criteria are met:

1. The system withdraws less than an annual daily average of 100,000 gallons;

2. The withdrawal and discharge points are on property legally controlled by the permittee;

3. The water is discharged to the same source, aquifer, or permeable zone from which it is withdrawn;

4. The discharge or injection has been permitted by the Department or is exempt from such permitting;

5. The water has no contact or mixing with other water sources, additives, and chemicals; and

6. The use is not from the Floridan Aquifer within the Santa Rosa, Okaloosa, and Walton County Water Resource Caution Area.

(b) The General Water Use 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.

(4) General Water Use Permit by Rule for Aquifer Remediation Activities.

(a) The Board hereby grants a General Water Use Permit for the use of water for aquifer or groundwater remediation, provided the following criteria are met:

1. The project is conducted according to a Remedial Action Plan approved by the federal, state or local agency having legal jurisdiction over such activities;

2. The treated effluent is returned via infiltration or direct injection into the same source, aquifer, or permeable zone from which it is withdrawn; and

3. The treated effluent meets applicable Department water quality standards.

(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook.

(5) General Water Use Permit by Rule for Specific Uses in Portions of Gadsden County.

(a) The Board hereby grants a General Water Use Permit for water uses in the Upper Telogia Creek Drainage Basin Water Resource Caution Area and Area of Resource Concern of Gadsden County, provided the following criteria are met:

1. The system has an annual average daily withdrawal less than 15,000 gallons;

2. Groundwater is withdrawn from wells that are four (4) inches or less in diameter;

3. Surface water facilities have a cumulative diameter less than four (4) inches;

4. Surface water use does not exceed ten (10) percent of the base flow of the supplying water body; and

5. Use is consistent with requirements of any applicable mandatory reuse zones.

(b) The General Water Use 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.

(6) General Water Use Permit by Rule for Specific Uses in Portions of Santa Rosa County.

(a) The Board hereby grants a General Water Use Permit for water uses in the Water Resource Caution Area of Santa Rosa County, provided the following criteria are met:

1. The system has an annual average daily withdrawal less than 15,000 gallons;

2. Groundwater is withdrawn from wells that are four (4) inches or less in diameter and have a total depth of 100 feet or less;

3. Surface water facilities have a cumulative diameter less than four (4) inches; and

4. Use is consistent with requirements of any applicable mandatory reuse zones.

(b) The General Water Use 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.

(7) General Water Use Permit by Rule for Specific Uses in Portions of Okaloosa and Walton Counties.

(a) The Board hereby grants a General Water Use Permit for water uses in the Water Resource Caution Area of Okaloosa and Walton counties, provided the following criteria are met:

1. The system has an annual average daily withdrawal less than 15,000 gallons;

2. Groundwater is withdrawn from wells that are four (4) inches or less in diameter and do not penetrate any competent and continuous confining formation;

3. Surface water facilities have a cumulative diameter less than four (4) inches; and

4. Use is consistent with requirements of any applicable mandatory reuse zones.

(b) The General Water Use 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.

(8) General Water Use Permit by Rule for Specific Uses in Portions of Bay County.

(a) The Board hereby grants a General Water Use Permit for water uses in the Area of Resource Concern of Bay County, provided the following criteria are met:

1. The system has an annual average daily withdrawal less than 100,000 gallons;

2. Groundwater is withdrawn from wells that are less than six (6) inches in diameter;

3. Surface water facilities have a cumulative diameter less than four (4) inches; and

4. Use is consistent with requirements of any applicable mandatory reuse zones.

(b) The General Water Use 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.

(9) The permittee shall not utilize the facility associated with a General Water Use Permit by rule for any type of water use other than those authorized under Rule 40A-2.061, F.A.C.

(10) For a use that qualifies for a General Water Use Permit to be afforded protection as an existing legal use in the evaluation of subsequent applications, all withdrawal facilities must be registered, at the time the use begins, with the District in one of the following ways:

(a) The issuance of a well construction permit by the District pursuant to Chapter 40A-3, F.A.C.;

(b) The registration of any legally constructed well by submittal of the facility information required on the well construction permit application; or

(c) The registration of any surface water facility by submittal of: the information required in the Water Use Permit Application (Form 160), Section IV – Sources of Water, in the table “Summary of Surface Water Facilities”; the owner’s name and address; and a map showing the intake location.

(11) Notwithstanding the criteria enumerated for any General Water Use Permit in this section, a general water use permit is not authorized for any uses, withdrawals or diversions of water from an illegally constructed or disapproved facility.

(12) Notwithstanding the criteria enumerated for any General Water Use Permit in this section, an individual permit is required for all uses, withdrawals or diversions of water for which evidence indicates the use is likely to cause harm to existing legal uses, offsite land uses or water resources and related environmental features.

(13) Any person whose withdrawal otherwise meets the criteria for a General Water Use Permit by Rule may submit an application to obtain an individual permit at their discretion.

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_________.

 

(Substantial rewording of Rule 40A-2.101 follows. See Florida Administrative Code for present text.)

 

40A-2.101 Content of Application.

(1) In order to obtain an individual permit, an applicant shall file with the District a Water Use Permit Application including any necessary supplemental forms and attachments required for the type of permit and the water use(s) for which application is being made. The application shall consist of all completed forms, attachments, the correct application fee identified in Rule 40A-2.201, F.A.C., and other documentation submitted in support of the application, which shall constitute information sufficient to demonstrate that the water use meets the criteria and conditions established in Rule 40A-2.301, F.A.C.

(2) The following District forms shall be used to request a new permit or to request renewal or modification of an existing permit. All permit application forms described in this section have been approved by the District Governing Board and are hereby incorporated by reference into this chapter. Forms are available from the District’s website (www.nwfwmd.state.fl.us) or from District offices.

(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 No. 160, effective ___________. 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) Supplemental Form A – Agricultural Use, Form No. 160, effective _______________.

(b) Supplemental Form B – Industrial / Commercial Use, Form No. 160B, effective ______________.

(c) Supplemental Form C – Landscape / Recreation Use, Form No. 160C, effective ______________.

(d) Supplemental Form D – Mining / Dewatering Use, Form No. 160D, effective _______________.

(e) Supplemental Form E – Public Supply Use, Form No. 160E, effective _______________.

(f) Supplemental Form F – Other Use, Form No. 160F, effective _______________.

(g) Supplemental Form G – Institutional Use, Form No. 160G, effective _______________.

(h) Supplemental Form H – Diversion and Impoundment, Form No. 160H, effective _______________.

(i) All applications for non-potable use shall include reuse feasibility information required per section 2.2.3.1 of the Water Use Permit Applicant’s Handbook. Information from the reuse provider shall be submitted on the Reuse Feasibility Information form, NWFWMD Form No. 174, effective November 1, 2013.

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,_________.

40A-2.201 Permit Processing Fees.

There shall be a non-refundable water consumptive use permit application processing fee according to the following schedule for all new, modification, or renewal applications:

Annual Average Daily Withdrawal              Processing Fee*

Amounts (Gallons)

Less than 25,000 gallons per day, average$100.00

25,000 to 99,999 gallons per day, average $250.00

100,000 to 499,999 gallons per day, average $500.00

500,000 to 999,999 gallons per day, average $1,000.00

1,000,000 to 1,999,999 gallons per day, average $2,000.00

2,000,000 gallons or more per day, average $3,000.00

Permit Transfer or Letter Modification** $50.00

Temporary Permit (in addition to the fees identified above) $50.00

*Any county or municipality meeting the criteria specified in Section 218.075, F.S., may request a reduction in the required fee amount as provided in Rule 40A-1.2025, F.A.C.

**No transfer fee is required if the transfer is processed in conjunction with a permit modification or renewal.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109 FS. History–New 10-1-82, Amended 1-5-86, 8-1-89, 1-1-90, 1-1-91, 10-1-95,_________.

40A-2.223 Reservation of Water.

(1) At U.S. Geological Survey gauging station No. 02358000, Apalachicola River at Chattahoochee, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the river, floodplain and Apalachicola Bay.

(2) At U.S. Geological Survey gauging station No. 02358700, Apalachicola River near Blountstown, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the river, floodplain and Apalachicola Bay.

(3) At and below U.S. Geological Survey gauging station No. 02359170, Apalachicola River near Sumatra, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the river, floodplain and Apalachicola Bay.

(4) At U.S. Geological Survey gauging station No. 02359000, Chipola River near Altha, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the Chipola River, Apalachicola River, the associated floodplains and Apalachicola Bay.

(5) The Governing Board finds that consumptive withdrawals of surface water from the main stem of the Apalachicola River are not in the public interest and, therefore, reserves from use by permit the flows specified in subsections (1), (2), and (3). Such reservation is made for all seasons of the year.

(6) The Governing Board finds that consumptive withdrawals of surface water from the main stem of the Chipola River and the Chipola Cutoff are not in the public interest and, therefore, reserves from use by permit the flows specified in subsection (4). Such reservation is made for all seasons of the year.

(7) For purposes of this Rule 40A-2.223, F.A.C., consumptive withdrawals shall mean withdrawals minus returns but shall not include evaporative losses. Diversions of surface water for cooling purposes, fish and wildlife propagation, fish and wildlife refuge, water based migratory bird hunting refuges and similar diversions are exempt from the provisions of this Rule 40A-2.223, F.A.C., provided that such diverted water, minus evapotranspiration, is returned to the Apalachicola River Basin.

(8) Nothing in this section shall exempt diversions as specified in subsection (7) from obtaining water consumptive use permits required elsewhere in this Chapter 40A-2, F.A.C.

(9) The Governing Board finds that surface water withdrawals by the City of Port St. Joe from the Chipola River is an alternative water supply as contemplated by Sections 373.019 and 373.707 196, F.S., and are therefore exempt from the provisions of this Rule 40A-2.223, F.A.C. Nothing in this section shall exempt the City of Port St. Joe from the permitting requirements of this Chapter 40A-2, F.A.C.

(10) This section shall terminate on January 1, 2016 unless specifically extended by the Governing Board.

Rulemaking Authority 373.044, 373.113, 373.171, 373.216, 373.219 FS. Law Implemented 373.216, 373.219, 373.223 FS. History–New 2-27-06, Amended_________.

40A-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 water use, 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 water use is reasonable-beneficial, an applicant shall demonstrate that the 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 or 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 upconing;

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 Section 373.223(4), F.S.

In order for the Board to grant a permit for the use of water, the applicant must establish that the intended use:

(1) Is a reasonable-beneficial use;

(2) Is consistent with the public interest;

(3) Will not interfere with any legal use of water existing at the time of the application; and

(4) Complies with the provisions of subsections 62-40.410(1)-(2), F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.185, 373.219, 373.223, 373.216, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS. History–New 10-1-82, Amended 5-17-85, 1-5-86, 11-1-93, 10-1-95,_________.

40A-2.321 Duration of Permits.

The Governing Board or Executive Director shall specify for each water consumptive use permit issued (new, modification, or renewal) a specific period of time the permit will be valid. The District shall notify the permit applicant, pursuant to the provisions of Rule 40A-1.203, F.A.C., of the recommended duration under consideration for the requested permit. The Governing Board or Executive Director is authorized to approve permit durations up to the statutory limits specified in Section 373.236, F.S., provided that the applicant demonstrates reasonable assurance that the proposed use meets the conditions for issuance in Rule 40A-2.301, F.A.C., for the requested duration. Otherwise, the Governing Board or Executive Director is authorized to issue permits for a shorter duration that reflects the period for which such reasonable assurances can be provided. Special duration factors listed in section 1.5.1 of the Water Use Permit Applicant’s Handbook shall be considered in determining permit durations. Permit durations shall be authorized in accordance with the guidelines identified below. Permit Areas are depicted in Figure 2-1, Rule 40A-2.902, F.A.C.

(1) The District shall extend a permit duration for public water supply utilities which have demonstrated water savings achieved through implementation of a water conservation plan. The definition of a goal-based water conservation plan and the length of the extension will be determined as described in section 2.3.7.8 of the Water Use Permit Applicant’s Handbook. Water Uses Within Permit Area A. Ground or Surface Water withdrawals located in Permit Area A shall be permitted for a duration of five (5) years.

(2) Water Uses Within Permit Area B.

(a) Ground or Surface Water withdrawals located in Permit Area B and which have an annual average withdrawal of less than 1,000,000 gallons per day, shall be permitted for a duration of seven (7) years.

(b) Ground or Surface Water withdrawals located in Permit Area B and which have an annual average withdrawal greater than or equal to 1,000,000 gallons per day, shall be permitted for a duration of five (5) years.

(3) Water Uses Within Permit Area C.

(a) Ground or Surface Water withdrawals located in Permit Area C and which have an annual average withdrawal less than 1,000,000 gallons per day, shall be permitted for a duration of ten (10) years.

(b) Ground or Surface Water withdrawals located in Permit Area C and which have an annual average withdrawal greater than or equal to 1,000,000 gallons per day, shall be permitted for a duration of five (5) years.

(4) The Governing Board shall extend the permit durations specified above by three (3) years for local governments operating water supply utilities and who have adopted and implemented Xeriscape ordinances meeting the requirements of Section 373.185(2)(a)-(f), F.S., as determined by the District. The three year permit extension is provided as an incentive, pursuant to Section 373.185, F.S., to encourage all local governments within the District to adopt Xeriscape ordinances. The identified permit duration extension shall not result in a permit duration in excess of those specified in Section 373.236, F.S.

(2)(5) The Governing Board is authorized to will grant a permit of greater or lesser duration than those specified in subsections 40A-2.321(1)-(3), F.A.C., above, in order to address special duration factors as described in section 1.5.1 of the Water Use Permit Applicant’s Handbook case specific considerations (e.g., short duration projects) or to provide for the protection of the resource or existing legal uses (e.g., insufficient data for long-term authorization) or for other considerations as provided by Section 373.236, F.S.

(3) 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.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.185, 373.219, 373.236 FS. History–New 10-1-82, Amended 5-17-83, 1-5-86, 11-2-92, 7-1-98,__________.

40A-2.331 Modification of Permits.

(1) A permittee may seek modification of any terms of an unexpired permit pursuant to Section 373.239, F.S. Any application for a modification in the last year of the permit term shall also be an application for renewal, if renewal of the permit is desired by the permittee.

(2) The District Board shall modify a permit, or delete or modify any limiting conditions on a permit, to insure the continued reasonable and -beneficial use of water or to protect the water resources of the District.

(3) Modifications shall be requested by either:

(a) Formal application, using the appropriate application forms incorporated in subsection 40A-2.101(1), F.A.C., and including the appropriate fee. Formal modification applications that are made in the last year of the permit term shall be processed as a renewal application with modification, if renewal of the permit is desired by the permittee. Upon request and documentation by the permittee, modification applications that are deemed by the District to be substantial, as described in the Water Use Permit Applicant’s Handbook section 1.4.4.1, shall be processed as a renewal application with modification. A request for formal modification shall be treated as a new application and shall be reviewed in accordance with the rules in effect at the time the modification application is filed.

(b) Letter request, on the Water Use Permit Letter Modification Request Form, Form No. 161, effective _______________, which is hereby incorporated by reference into this section and available from the District’s website (www.nwfwmd.state.fl.us) or from District offices, including a description of the proposed modification and the appropriate fees. Letter requests can be utilized provided that:

1. The annual average daily withdrawal or diversion will not increase by more than 100,000 gallons per day or more than 10% of the total permitted quantity or cause the total permitted withdrawal or diversion to exceed 10% of the baseflow or storage volume of the waterbody;

2. The use(s) of the water will not change, except to discontinue and remove any use(s);

3. The source(s) of water will not change, except to add reuse;

4. The modification does not cause the permit to exceed any delegation limits set by the Governing Board for final agency action at staff level;

5. The proposed changes would not cause impacts beyond those considered in the initial permit;

6. The proposed modification will not affect a Reservation of Water identified in Rule 40A-2.223, F.A.C., or affect an established Minimum Flow or Level;

7. The proposed modification will not extend a permit duration, except as provided for in subsection 40A-2.321(4), F.A.C., as incentive for water conservation; and

8. Well replacements must be constructed within the same aquifer unit, be located within 2,640 feet of the original well, be located at least 1,000 feet from wetlands, lakes, and springs, and have a pumping capacity less than or equal to the original well.

(c) There is no limit to the number of letter modifications that a permittee may request during a permit term, provided that the sum total of the withdrawal or diversion quantity modifications do not exceed the limits specified in paragraph (3)(b) above.

(d) A request for modification by letter in accordance with paragraph (3)(b) above need only provide information and meet the conditions for issuance in Rule 40A-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.

(e) If the District determines that a request for letter modification does not meet the qualifications stated above, the applicant will be informed that the desired changes must be made through the formal modification process.

(f) Approval authority for letter modification requests shall rest with the Executive Director and be exercised without a hearing. If a request for a letter modification is not authorized by the Executive Director, the Permittee may, at his discretion, apply for formal modification of the permit.

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,_________.

40A-2.351 Transfer of Permits.

(1) A Permittee can request that the District transfer his An Individual Water Use Permit to another entity with that entity’s consent provided that the Permittee is compliant with the terms and conditions of the permit and that appropriate legal control is maintained. shall be transferred by the Executive Director at the request of the Permittee provided the source, use, and withdrawal amounts remain the same; the request is made in writing on NWFWMD Form No. A2-F, (Request for Consumptive Use Permit Transfer, effective May 31, 1992) hereby incorporated by reference and available from the District offices in Midway-Gadsden County, Crestview or Marianna or from the District’s website; and is accompanied by the required processing fee. All terms and conditions of the permit being transferred shall be binding on the transferee.

(2) Persons who wish to continue an existing, permitted water use and who have acquired ownership or legal control of permitted water withdrawal or diversion facilities or the land on which the facilities are located must apply to transfer the permit to themselves within 45 days of acquiring ownership or legal control of such facilities or such land.

(3) A request for permit transfer shall be made using NWFWMD Form No. 163 (Request for Water Use Permit Transfer, effective              ) which is hereby incorporated by reference and available from the District’s website (www.nwfwmd.state.fl.us) or from District Offices; and must include the required processing fee. The District will transfer the permit provided all aspects of the permit except for the Permittee remain the same. All terms and conditions of the permit being transferred shall be binding on the transferee.

(4) Persons who apply to transfer a permit under subsection (1) above and who propose to change the source, use type or withdrawal or diversion quantities from those specified on the existing permit must also submit an application to modify the permit.

(5)(2) A General Water Use Permit is hereby transferred by rule to the entity that who has ownership or controlling interest of the point of water withdrawal or diversion.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109, 373.118, 373.216, 373.219 FS. History–New 10-1-82, Amended 5-31-92, 11-1-93, 10-1-95, 1-4-10,________.

40A-2.361 Renewal of Permits.

(1) Applications for renewal of Individual Water Use Permits shall may be made no earlier than one any time during the last year of the term of an unexpired permit; however, application should be made no later than one hundred twenty (120) days 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) All Individual Water Use Permit renewal applications shall be treated in the same manner as the initial application.

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, ________.

40A-2.381 Limiting Conditions.

(1) The District Board shall impose upon any permit issued pursuant to this chapter such reasonable conditions as are necessary to: provide for the monitoring of the authorized use; provide for the use of reclaimed water; provide that the withdrawal and use of water is consistent with the policies of the District and the declared purpose of this Chapter; prevent the level of the potentiometric surface of an aquifer, or the level of a surface water body, to be drawn below any minimum level established by the Board; and to provide that the authorized withdrawal is not harmful deleterious to the water resources of the District. Applicants shall be notified pursuant to Rule 40A-1.203, F.A.C., of any conditions imposed upon their permit.

(2) Every permit acquired under this Chapter shall include standard terms which describe the following information:

(a) Permittee’s name and address;

(b) Permit number;

(c) Date permit application filed;

(d) Date permit granted;

(e) Permit expiration date;

(f) Water source classification(s);

(g) Water use classification;

(h) Property location;

(i) Authorized withdrawal or diversion amounts; and

(j) Withdrawal locations.

In addition to specific or special conditions stipulated by the Board, the terms and standard conditions enumerated in the District’s permit document, NWFWMD Form No. A2-E, hereby incorporated by reference, are made part of all permits.

(3) Every permit acquired under this Chapter shall include the standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook which impose certain limitations on the permitted water withdrawal.

(4) In addition to the standard terms and conditions, the District shall impose specific conditions as set forth in Rule 40A-2.802, F.A.C., and 5.2 of the Water Use Permit Applicant’s Handbook, or other specific conditions appropriate to any specific use type or project.

(5)(3) If water use reporting is required, 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 (www.nwfwmd.state.fl.us) or from District offices. The form specified shall be eEither:

(a) Water Use/Pumpage Report Form, NWFWMD Form No. 166, effective __________________. Annual Water Use Reporting Form, NWFWMD Form No. A2-G, effective July 1, 1998;

(b) Periodic Water Use Reporting Form, NWFWMD Form No. 173, effective _________________. A2-H, effective July 1, 1998; or

(c) Water Use Summary Reporting Form, NWFWMD Form No. 172, effective ______________ A2-I, effective July 1, 1998.

(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 (www.nwfwmd.state.fl.us) 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 No. 170, effective _______________; or

(b) Alternative Method Flow Verification Water Use Permit Report Form No. 171, effective _______________.

(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 (www.nwfwmd.state.fl.us) or from District offices. The form(s) specified shall be:

(a) Annual Crop Summary Water Use Permit Report Form No. 168, effective _______________; and/or

(b) Crop Protection Water Use Permit Report Form No. 169, effective _______________.

(8) If water quality reporting is required, the permittee shall submit the data required on the Water Quality Consumptive Use Permit Form No. 167, effective _______________ which is hereby incorporated by reference and available from the District’s website (www.nwfwmd.state.fl.us) or from District offices.

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.

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,________.

40A-2.441 Temporary Permits.

(1) The Executive Director is authorized to issue a temporary permit while an application is pending after determining:

(a) That an unforeseen situation creates a hardship on the water user; and

(b) That water supplies cannot be obtained on a temporary basis from other sources or supplies.

(2) A temporary permit,

(a) For an annual withdrawal of 100,000 gallons per day or more, shall expire on the day following the next regularly scheduled meeting of the Governing Board. If the application for the Individual Water Use Permit is still pending at the time of the next Board meeting, the Board shall extend the expiration of the temporary permit until the following Board meeting upon finding that the water use meets the criteria set forth in Rule 40A-2.301, F.A.C., and Section 373.223, F.S.

(b) For an annual withdrawal of less than 100,000 gallons per day shall expire on the day the District takes Final Agency Action on the water use permit request.

(3) A Notice of Hearing shall not be required prior to issuance, extension, or termination of a temporary permit.

(4) Issuance of a temporary permit shall not in any way be construed as a commitment to issue a permit pursuant to Rules 40A-2.041 and 40A-2.101, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.219, 373.244 FS. History–New 10-1-82, Amended 1-5-86, 5-31-92, 10-1-95, 1-1-05, Repealed________.

 

40A-2.501 Permit Classification.

Each permit shall be classified according to source and use. The use classifications shall be as follows, and the listing does not establish any priority ranking of classes:

(1) Aesthetic Use.

(1)(2) Agricultural Irrigation Use – the use of water associated with the irrigation of crops (including biofuel), greenhouse and nursery products, sod, forage, and pasture and non-irrigation uses associated with freeze protection, livestock and other domestic animals, aquaculture, and other uses associated with agricultural operations.

(3) Aquacultural Use.

(4) Aquifer Remediation Use.

(2)(5) Commercial Use – The self-supplied use of water (indoor and outdoor) associated with the production of goods or provisions of services by a commercial establishment. Commercial establishments include general businesses, office complexes, commercial cooling and heating, beverage processing plants, food processing, restaurants, gas stations, hotels, car washes, laundry facilities and the use of water at zoos, theme parks, waterslides, and attractions.

(3)(6) Dewatering Use – the removal of water to control surface or groundwater when performing activities such as construction or excavation.

(4)(7) Diversion and Impoundment into Non-District Facilities – The diversion or extraction of surface water into impoundments and delivery systems designed for such purposes as maintaining structural integrity, maintaining control elevations for groundwater recharge, and supplying water to meet the reasonable-beneficial demands of secondary uses.

(8) Domestic Self Supply Use.

(9) Essential Use.

(10) Freeze Protection Use.

(11) Golf Course Irrigation Use.

(12) Heating or Cooling Use.

(5)(13) Industrial Use – The use of water (indoor and outdoor) associated with the production of goods or provisions of services by a self-supplied industrial facility. Industrial uses include manufacturing plants, chemical processing plants, power generation plants, and other industrial facilities.

(6) Institutional Use – The use of water (indoor and outdoor) associated with the production of goods or provisions of services by a self-supplied institutional establishment which includes hospitals, group home / assisted living facilities, churches, prisons, schools, universities and military bases.

(7)(14) Landscape Irrigation Use – The use of water for landscape irrigation including parks, common areas, large lawns and landscaped areas, cemeteries, medians and public right-of-ways.

(15) Limited Use Public Supply.

(16) Livestock and Other Animals Use.

(8)(17) Mining Use – The use of water associated with the extraction, transport and processing of subsurface materials and minerals.

(18) Navigation Use.

(19) Nursery Irrigation (Non-agricultural) Use.

(9)(20) Other Outside Use – The use of water for aquifer remediation; environmental augmentation; cleaning and maintenance; and other purposes not described in Rule 40A-2.501 F.A.C.

(21) Limited Use Public Supply.

(22) Perishable Food Processing Use.

(23) Power Production Use.

(10)(24) Public Supply Use – The use of water provided by any municipality, county, regional water supply authority, special district, public or privately owned water utility, multijurisdictional water supply authority, or other entity consistent with the Florida Safe Drinking Water Act, for human consumption and other purposes.

(11)(25) Recreation Area Irrigation Use – The use of water for the creation, maintenance and operation of recreational facilities such as golf courses, athletic fields, playgrounds; water-based recreation areas for hunting, fishing, boating, swimming, or for wildlife enhancement.

(26) Sanitation Use.

(27) Soil Flooding Use.

(28) Water-Based Recreation Use.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.246 FS. History–New 10-1-82, Amended 1-5-86, 5-31-92, 11-1-93, 7-1-98,________.

 

40A-2.801 Declaration of Water Resource Caution Areas.

(1) The Governing Board is authorized to may declare any portion of the District to be a Water Resource Caution Area. The Governing Board will consider the following criteria when determining whether to designate an area of the district a Water Resource Caution Area:

(a) Areas where fresh water resources are experiencing, or which are anticipated to experience within the next 20 years, significant or widespread reductions in water levels, salt water intrusion, mineralization, upconing of lower quality water, man induced contamination, or any other degradation;

(b) Areas experiencing, or which are anticipated to experience within the next 20 years, reductions in ground or surface water quantity or quality which adversely impacts existing legal users, or the environmental resources of the District, such as flora or fauna;

(c) Areas where existing water supply sources are not expected to be sufficient to meet projected demands for the next 20 years, or which will be required to use advanced water treatment technology or the importation of water to meet projected demands; and,

(d) Areas where Phase III, Extreme Water Shortages, or Phase IV, Critical Water Shortage, restrictions have been imposed on a frequent basis.

(2) Within a Water Resource Caution Area, the Board shall establish such permit thresholds, management and minimum levels, and limiting conditions as are necessary to monitor, manage, and control the use of water. The Board, as provided by Rule 40A-2.331, F.A.C., shall modify and condition any existing permit to provide for the protection of the water resources of the District.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0421, 373.0361, 373.216, 373.219, 373.223, 373.246 FS. History–New 10-1-82, Amended 1-5-86, 8-1-89, 5-31-92, 11-1-93, 10-1-95, ________.

 

40A-2.802 Water Resource Caution Areas.

The Governing Board designates the following areas as Water Resource Caution Areas. Designated Water Resource Caution Areas within the District are identified in Figures 2-2 and 2-3.

(1) Santa Rosa, Okaloosa, and Walton Counties.

The District has determined that the coastal area of Santa Rosa, Okaloosa, and Walton counties County has limited potable water resources, are experiencing increasing water use demands and significant reductions in groundwater ground water levels, and will potentially may have to use advanced treatment technology, or the importation of water to meet future demands. To address the expanding demands and continued depletion of the area’s limited potable water resources, the Board hereby declares the area south of the Eglin Air Force Base in Santa Rosa, Okaloosa, and Walton counties County, also the area extending south of SR-20 to the Bay County Line in Walton County, as a Water Resource Caution Area (See Figure 2-2). By means of this designation the following criteria are stipulated:

(a) An Individual Water Use Permit is required for all non-exempt groundwater ground water withdrawals that are not granted a General Water Use Permit by rule in subsection 40A-2.061(6) or (7), F.A.C. as in Permit Area A. The only exempt withdrawals are those designated in Rule 40A-2.051, F.A.C.;

(b) New and expanded uses of the Floridan Aquifer System for golf course, recreation, or landscape irrigation, or other non-potable uses, are determined not to be consistent with the public interest and are prohibited by the Board. However, the Governing Board shall consider the granting of an exemption to provide for the issuance of an Individual Water Use Permit if the following conditions are met:

1. A written exemption request is submitted as part of the permit application;

2. The use of reclaimed water is determined not to be economically, environmentally or technically feasible;

3. A commitment is provided by the applicant to utilize reclaimed water when determined feasible and to abandon and plug any Floridan Aquifer System well(s) at the time reclaimed water is utilized;

4. Hydrological data is submitted which demonstrates that no other source of ground or surface water can be utilized for the proposed use;

5. Water of the lowest acceptable quality available will be utilized for the proposed use;

6. Water conservation measures are identified that will be implemented at the time of authorization, and over the duration of the permit, to encourage and promote water conservation and efficiency in the use of the area’s water resources (conservation measures shall specifically provide for the reduction of irrigation water uses when applicable);

7. An undue economic hardship will threaten the livelihood of the applicant if the exemption request is not granted or if the applicant has to obtain water from a public water supply system; and

8. The request is determined reasonable-beneficial, and in the public interest and will not interfere with any existing legal uses.

(c) As authorized by Section 373.219, F.S., to ensure water use is consistent with the overall objectives of the District, permits granted to public water supply utilities within the Water Resource Caution Area shall be conditioned to require the submittal of water conservation plans, programs, and measures which shall be evaluated on their effectiveness to reduce water use demand and promote the efficient use of the area’s water supplies.

1. The plans, programs, and measures will be reviewed specifically for standards and implementation schedules intended to reduce annual average residential per capita water consumption to 110 gallons per day through such actions as adoption of water conservation-based rate structures, reduction of leaks to 10 percent or less of the water withdrawn, implementation of water conservation public education programs, etc.

2. Water conservation plans, programs, and measures developed by local governments operating water supply utilities will also be reviewed to determine if a Florida-friendly landscape Xeriscape ordinance meeting the requirements of Sections paragraphs 373.185(2)(a)-(f), F.S., and an ordinance requiring the installation of a rain/moisture sensor cutoff device on automatic irrigation systems pursuant to Section 373.62, F.S., have been adopted.

3. Utilities operating wastewater treatment plants shall include in the plan an analysis of the economic, environmental, and technical feasibility of providing reclaimed water for reuse within five years and of providing total reuse of reclaimed water within 20 years.

(d) Public water supply systems shall be required to actively participate and aid in the implementation of the goals and plans of the Walton-Okaloosa-Santa Rosa Regional Utility Authority.

(e) Golf cCourse and iIndustrial users which who withdraw water from the Floridan Aquifer System shall be required to develop, adopt, and implement water conservation plans and measures to encourage and promote water conservation and efficiency in the use of the area’s water supplies, and to utilize reclaimed water if determined to be economically, environmentally, and technically feasible.

(2) Upper Telogia Creek Drainage Basin, Gadsden County.

The District has determined that areas of Gadsden County have experienced reductions in water supplies and have experienced continued competition for the available water resources. Water use within portions of the County, if not properly managed, has the potential of negatively impacting the water resources, the economic base, and the agricultural industry of the County; as well as, public supply and domestic well users. To provide for the comprehensive management of the water supplies within a portion of Gadsden County, the Board hereby declares the Upper Telogia Creek Drainage Basin located within Gadsden County, Florida, as determined by United States Geological Survey 7.5 Minute Topographic Maps named, “Gretna”, “Sycamore,” and “Mt. Pleasant”, a Water Resource Caution Area (Figure 2-3). By means of this designation the following criteria are stipulated:

(a) An Individual Water Use Permit is required for all non-exempt groundwater ground water withdrawals that are not granted a General Water Use Permit by rule in subsection 40A-2.061(5), F.A.C as in Permit Area A. The only exempt withdrawals are those designated by Rule 40A-2.051, F.A.C.;

(b) An Individual Water Use Permit is required for all surface water withdrawals specified in paragraph 40A-2.041(3)(e), F.A.C.;

(b)(c) As authorized by Section 373.219, F.S., to ensure water use is consistent with the overall objectives of the District, permits granted to public water supply utilities within the Water Resource Caution Area shall be conditioned to require the submittal of water conservation plans, programs, and measures which shall be evaluated on their effectiveness to reduce water use demands and promote water reuse and the efficient use of the area’s water supplies. Utilities which who are presently treating wastewater, or which who will treat wastewater in the future, shall include in the plan an analysis of the economic, environmental and technical feasibility of providing reclaimed water for reuse within five years, and of providing total reuse of reclaimed water within 20 years; and

(c)(d) Golf cCourse and iIndustrial users which who shall be required to develop, adopt, and implement water conservation plans and measures to encourage and promote water conservation and efficiency in the use of the area’s water supplies, and to utilize reclaimed water if it is determined to be economically, environmentally, and technically feasible.

Rulemaking Authority 373.044, 373.171, 373.223 FS. Law Implemented 373.219, 373.223, 373.250 FS. History–New 8-1-89, Amended 5-31-92, 11-1-93, 10-1-95,___________.

 

(Substantial rewording of Rule 40A-2.901 follows. See Florida Administrative Code for present text.)

40A-2.901 Forms.

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

(a) Water Use Permit Application, Form No. 160, effective ______________, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(b) Supplemental Form A – Agricultural Use, Form No. 160A, effective ______________, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(c) Supplemental Form B – Industrial / Commercial Use, Form No. 160B, effective ______________, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(d) Supplemental Form C – Landscape / Recreation Use, Form No. 160C, effective ______________, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(e) Supplemental Form D – Mining / Dewatering Use, Form No. 160D, effective ______________, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(f) Supplemental Form E – Public Supply Use, Form No. 160E, effective ______________, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(g) Supplemental Form F – Other Use, Form No. 160F, effective ______________, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(h) Supplemental Form G – Institutional Use, Form No. 160G, effective ______________, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(i) Supplemental Form H – Diversion and Impoundment, Form No. 160H, effective ______________, and incorporated by reference in Rule 40A-2.101, F.A.C.;

(j) Water Use/Pumpage Water Use Permit Report Form No. 166, effective _______________, and incorporated by reference in Rule 40A-2.381, F.A.C.;

(k) Periodic Water Use Reporting Form, NWFWMD Form No. 173, effective ______________, and incorporated by reference in Rule 40A-2.381, F.A.C.;

(l) Water Use Summary Reporting Form, NWFWMD Form No. 172, effective ______________, and incorporated by reference in Rule 40A-2.381, F.A.C.;

(m) Flow Meter Accuracy Water Use Report, Form No. 170, effective ______________, and incorporated by reference in Rule 40A-2.381, F.A.C.;

(n) Alternative Method Flow Verification Water Use Permit Report, Form No. 171, effective ______________, and incorporated by reference in Rule 40A-2.381, F.A.C.;

(o) Annual Crop Summary Water Use Permit Report Form No. 168, effective _____________, and incorporated by reference in Rule 40A-2.381, F.A.C.;

(p) Crop Protection Water Use Permit Report Form No. 169, effective _____________, 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 Form No. 167, effective _____________, and incorporated by reference in Rule 40A-2.381, F.A.C.;

(r) Water Use Permit Letter Modification Request Form, Form No. 161, effective _____________, and incorporated by reference in Rule 40A-2.331, F.A.C.; and

(s) Water Use Permit Transfer Form, NWFWMD Form No. 163, effective _____________, and incorporated by reference in Rule 40A-2.351, F.A.C.

(2) These forms are available from the District website (www.nwfwmd.state.fl.us) and from the District offices listed in subsection 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,__________.

 

40A-2.902 Areal Boundary Maps for Water Use Permitting.

General areal boundaries for Water Resource Caution Areas and Areas of Resource Concern Areas A, B and C 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 of the 16 counties within the District on general county highway maps. These maps are hereby incorporated by reference, and can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices the public may obtain copies of these maps by contacting the District at 152 Water Management Drive, Havana, FL 32333-9700, [phone].

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,_________.

 

(MAP, FIGURE 2-11)

 

40A-2.904 Areal Boundary Maps for Water Resource Caution Areas.

(1) Areal boundaries for the Santa Rosa, Okaloosa, and Walton County Water Resource Caution Area encompassing the area south of Eglin Air Force Base in Santa Rosa, Okaloosa, and Walton County, also the area extending south of SR-20 in Walton County to the Bay County Line are established for the implementation of water use permitting pursuant to this Chapter and are indicated in Figure 2-2. These boundaries are depicted in specific detail for each of these counties on general county highway maps. These maps are hereby incorporated by reference and can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices, and the public may obtain copies of these maps by contacting the District at 152 Water Management Drive, Havana, FL 32333-9700, [phone].

(2) Areal boundaries for the Upper Telogia Creek Drainage Basin Water Resource Caution Area are established for the implementation of water use permitting pursuant to this Chapter and are indicated in Figure 2-3. These boundaries are depicted in detail on the Gadsden County general county highway map. This map is hereby incorporated by reference and can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices. the public may obtain copies of the map by contacting the District at 152 Water Management Drive, Havana, FL 32333-9700, [phone].

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.216 FS. History–New 8-1-89, Amended 5-31-92, 11-1-93,_________.

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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: Governing Board of the Northwest Florida Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2013

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

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