Definitions, General Water Use Permit - Criteria, Limitations and Conditions, Content of Application, Modification of Permits, Transfer of Permits
Northwest Florida Water Management District
RULE NOS.:RULE TITLES:
40A-2.021Definitions
40A-2.061General Water Use Permits by Rule
40A-2.101Content of Application
40A-2.331Modification of Permits
40A-2.351Transfer of Permits
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 39, No. 234, December 4, 2013, issue of the Florida Administrative Register.
40A-2.021 Definitions.
(1) Alternative water supply – a water source that meets the definition in Section 373.019, F.S.
(2) Annual average daily withdrawal – an amount of water that is equal to the total volume of water withdrawn or diverted from all sources during one year divided by 365 days, and expressed in gallons per day (gpd).
(3) Applicant’s Handbook – a document providing additional guidance and direction to applicants and Permittees regarding this Rule.
(3) through (36) renumbered (4) through (37) No change.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216 FS. History–New 10-1-82, Amended 5-17-83, 3-1-84, 1-5-86, 8-1-89, 5-31-92, 11-2-92, 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06,_________.
40A-2.061 General Water Use Permits by Rule.
(1) General Water Use Permit by Rule.
(a) No change.
(b) The General Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook, effective__________ is hereby incorporated by reference in its entirety and can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices upon request.
(2) through (13) No change.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.216 FS. History–New 1-5-86, Amended 5-31-92, 11-2-92, 11-1-93, 10-1-95, 1-1-05, Formerly 40A-2.302, Amended ________.
40A-2.101 Content of Application.
(1) No change.
(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 rule chapter. Forms are available from the District’s website (www.nwfwmd.state.fl.us) or from District offices.
(3) No change.
(4) Applicants proposing an impact offset through the use of reclaimed water to reduce or eliminate a harmful impact must provide substantiating materials to show that the proposed offset meets the criteria of subsection 62-40.416(7), F.A.C., effective May 6, 2013 which is hereby incorporated by reference and can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices upon request.
(5) Applicants proposing the use of a substitution credit derived from the use of reclaimed water must provide substantiating materials to show that what they are proposing meets the criteria of subsection 62-40.416(8), F.A.C., effective May 6, 2013 which is hereby incorporated by reference and can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices upon request.
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-2.331 Modification of Permits.
(1) A permittee may seek modification of any terms of an unexpired permit pursuant to Section 373.239, F.S.
(2) The District shall modify a permit, or delete or modify any limiting conditions on a permit, to insure the continued reasonable-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 proposed modification involves water use of less than annual average daily withdrawal or diversion will not increase by more than 100,000 gallons per day and the permittee establishes that a change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need or that the proposed modification would result in a more efficient utilization of water than is possible under the existing permit;
2. The annual average daily withdrawal or diversion will not increase by or more than 10% of the total permitted quantity or cause;
3. Tthe total permitted withdrawal or diversion from any surface water body, including the proposed modification, will not to exceed 10% of the baseflow or storage volume of the waterbody;
2. through 8. renumbered 4. through 10. No change.
(c) through (f) No change.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.223, 373.239 FS. History–New 10-1-82, Amended 1-5-86, 10-1-95, 7-1-98,_________.
40A-2.351 Transfer of Permits.
(1) A Permittee may can request that the District transfer his 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.
(2) through (5) No change.
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,________.
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