The purpose and effect of this rulemaking is to incorporate by reference an updated version of the District’s Water Use Information Manual Part B, Basis of Review (WUP BOR) and revised Water Use Permit application forms, both of which are being ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-2.091: Publications Incorporated by Reference
40D-2.101: Content of Application
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to incorporate by reference an updated version of the District’s Water Use Information Manual Part B, Basis of Review (WUP BOR) and revised Water Use Permit application forms, both of which are being revised consistent with a District initiative to reduce the number of copies of application forms, supporting materials and compliance reports that are required to be submitted to the District.
SUMMARY: Amendments to Rule 40D-2.091, F.A.C., will incorporate by reference an updated version of the District’s Water Use Information Manual Part B, Basis of Review (WUP BOR). Various sections of the WUP BOR are amended to reflect the change in the number of copies of documents that will now be required for permit applications and permit compliance. Rule 40D-2.101, F.A.C., is amended provide that only 1 original of a permit application, support documents, and permit compliance documents will now be required instead of an original and 2 copies as is currently required. Amendments will reduce costs to the public that are associated with the submittal of applications and the reporting of compliance activities to the District.
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: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715, 403.0877 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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 5 days before the workshop/meeting by contacting: Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to [e-mail].. 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: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone] (4660) (OGC 2010053)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.091 Publications Incorporated by Reference.

(1) The following publications are hereby incorporated by reference into this chapter, and are available from the District’s website at www.WaterMatters.org or from the District upon request:

(a) Water Use Information Manual Part B, Basis of Review for Water Use Permit Applications (also referred to as the WUP Basis of Review) ([effective date of rule]) 6-16-11.

(b) No change.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10, 4-27-10, 5-26-10, 6-10-10, 6-30-10, 6-16-11,________.

 

Water Use Permit Information

Part B

WUP Basis of Review

Within Chapter 1.0 of the WUP Basis of Review, Section 1.4, the following paragraphs shall be amended as follows:

1.4.1 SOUTHERN WATER USE CAUTION AREA APPLICATION FORMS.

All Permit Applicants in the Southern Water Use Caution Area (SWUCA) shall submit the “Supplemental Form– Southern Water Use Caution Area,” Form No. LEG-R.007.02 (04/09), incorporated by reference in subsection 40D-2.101(6), F.A.C., in addition to the appropriate application and supplemental form(s) described in Section 1.4, above. Permit Applicants in the SWUCA shall also submit the following application and supplemental forms as appropriate for their situation and intended water use type as described in Chapters 3 and 4 of Part B of the Basis of Review for Water Use Permit Applications, of the Water Use Permit Information Manual and incorporated by reference in Rule 40D-2.101, F.A.C.:

1. No change.

2. “Southern Water Use Caution Area Ground Water Replacement Credit Application,” Form No. LEG-R.011.021 (08/11) (4/09).

All SWUCA application forms may be obtained from the District’s website at www.WwaterMmatters.org or from any District Service Office.

New 11-25-07, Revised 5-12-08, 7-1-09, 8-30-09, 1-27-10, 4-27-10, _________.

 

1.4.2 DOVER/PLANT CITY WATER USE CAUTION AREA APPLICATION FORMS.

All permit applicants in the Dover/Plant City Water Use Caution Area (Dover/Plant City WUCA) shall submit the “Dover/Plant City Water Use Caution Area Supplemental Form” –Form No. LEG-R.050.010 (08/11) (12/10) incorporated herein by reference in subsection 40D-2.101(7), F.A.C., in addition to the appropriate application and supplemental form(s) described in Section 1.4, above. Applicants in the Dover/Plant City WUCA shall also submit the “Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area” – Form No. LEG-R.051.00, (12/10), incorporated herein by reference in subsection 40D-2.101(7), F.A.C., as appropriate for the intended water use as described in Chapters 3, 4 and 7 of the WUP Basis of Review described in 40D-2.091, F.A.C. All application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices.

New 6-16-11, __________.

Within Chapter 3.0 of the WUP Basis of Review, Section 3.6, the following paragraph shall be amended as follows:

3.0 REASONABLE WATER NEEDS

3.6 PUBLIC SUPPLY-APPLICANT CONSIDERATIONS.

CALCULATION OF PROJECTED PERMITTED QUANTITIES.

3. Calculation of Annual Average Daily Quantities

Low Persons Per Household Adjustment To Functional Population.

If the permanent resident persons-per-household (PERMPPH) (as calculated in Part D of the Water Use Permit Information Manual Basis of Review) for an existing service area or the projected persons per household (pph) for a new service area is less than 2.01 pph, the projected FP may be adjusted upward to reflect a pph of 2.01 if a projected compliance per capita rate of 150 gpd or less cannot otherwise be achieved. The following adjustments may not be applied to non-residential populations such as tourists or net commuters. Documentation of the adjustment is required. The permittee shall submit two sets of required population estimation spreadsheets A-I, set forth in Part D of the Water Use Permit Information Manual, as applicable, with one set to document FP using PERMPPH, census year seasonal households and (SEASPPH), and the other set to document FP using 2.01 instead of PERMPPH and SEASPPH.

1. through 2. No change.

New 1-20-09, Amended _________.

PERMITTEE REQUIREMENTS

ANNUAL REPORTS.

By October 1 of each year, Public Supply permittees shall submit to the District the following, current as of October 1:

1.     Description of the current water rate structure (rate ordinance or tariff sheet) for potable and non-potable water.

2.     Description of the current customer billing and meter reading practices and any proposed changes to these practices.

Two identical copies of the documentation shall be included if submitted in hard copy. “Identical copy” in this instance means, for example, that when the original is in color, then all copies shall also be printed in color.

New 4-27-10, Amended __________.

Public Supply Annual Report For Permits For 100,000 gpd Or Greater.

The Public Supply Annual Report for permits for 100,000 gpd or greater shall be submitted annually by April 1 and shall consist of the following components described in A.-G., below. Permittees that have interconnected service areas shall provide the information for the entirety of the interconnected system even if the water supply for the system is provided from multiple permits or is imported. Two identical copies of the Annual Report and two identical copies of all required supporting documentation shall be included if submitted in hard copy. “Identical copy” in this instance means, for example, that when the original is in color, then all copies shall also be printed in color.

New 4-27-10, Amended__________.

Public Supply Water Use Annual Report For Permits Less than 100,000 gpd.

All public supply permittees with a permit for less than 100,000 gpd shall submit the following information, as previously defined in the section entitled “PER CAPITA DAILY WATER USE”, using the form Public Supply Annual Report General Water Use Permit For Less Than 100,000 GPD Annual Average Quantities, Form No. LEG-R.047.00 (07/09) incorporated by reference in subsection 40D-2.091(2), F.A.C., covering the preceding calendar year. Two identical copies of the Report and two identical copies of all required supporting documentation shall be included if submitted in hard copy. This report is due no later than April 1. “Identical copy” in this instance means, for example, that when the original is in color, then all copies shall also be printed in color.

1. through 7. No change.

New 4-27-10, Amended__________.

SWFWMD Annual Reclaimed Water Supplier Report.

Permittees that have a wastewater treatment facility with an annual average design capacity for 100,000 gpd or more shall submit the SWFWMD Annual Reclaimed Water Supplier Report, described in Section 3.1 above under the subheading Reclaimed Water Suppliers for a fiscal year (October 1 to September 30) on or before April 1 of the following year. A map depicting the area of reclaimed water service that includes any areas projected to be added within the next year, shall be submitted with this report. Public supply utility permittees without a withdrawal point as of April 27, 2010, within the SWUCA, or within the NTB WUCA, as it existed prior to October 1, 2007, shall have until April 1, 2009, to begin submitting these annual reports. Two identical copies of the SWFWMD Annual Reclaimed Water Supplier Report and two identical copies of all required supporting documentation shall be included if submitted in hard copy. “Identical copy” in this instance means, for example, that when the original is in color, then all copies shall also be printed in color.

New 4-27-10, Amended ___________.

DOCUMENTATION OF PER CAPITA DAILY WATER USE CALCULATIONS FOR THE ANNUAL REPORT.

FP (Functional Population) – Documentation of the calculation of FPs shall include Worksheets A through I (given in Appendix C of Part D of the Water Use Permit Information Manual), as applicable, and supporting documentation for survey data used in accordance with Part D. Permittees adjusting FP based on lowpph shall submit two sets of required population estimation spreadsheets A through I, set forth in Part D. of the Water Use Permit Information Manual, as applicable, one set to document FP using PERMPPH and the other set to document the FP using 2.01. Served dwelling unit counts shall be calculated by adding the number of units served in January and December and dividing by two (2) for a reporting period of a calendar year. Those permittees that choose not to, prior to being required to, report a FP pursuant Part D of the Water Use Permit Information Manual as provided in the subsection below titled “Service Area Functional Population Estimates-For Current Year, Year of Interest And Annual Reports” shall document in the Annual Report the method and data used to calculate the population served within the permittee’s service area that is reported in the Annual Report. The data and methodology for calculating the FP numbers supplied in the Annual Report shall be included with the Annual Report.

New 1-20-09, Amended__________.

Within Chapter 6.0 of the WUP Basis of Review, Section 6.2, the following paragraphs are amended:

6.0 PERMIT CONDITIONS

6.2 SPECIAL PERMIT CONDITIONS.

REPORTING REQUIREMENTS AND PROCEDURES.

1. No change.

2. Submitting Reports.

Condition: Unless otherwise indicated, three copies of Eeach report are required by the permit and shall be provided to the Director, Resource Regulation Department, by the permittee.

Discussion: This condition is used whenever reports, other than data, are required in a permit. This condition includes annual or quarterly reports, description of monitoring and mitigation plans, plans to reduce off-site discharge, investigation of reuse, investigation of complaints, water quality control and assurance program, and sampling and analysis procedures.

3. through 20. No change.

ENVIRONMENTAL MONITORING.

21. Environmental Monitoring.

Condition:

a. through b. No change.

c. Three copies of Tthe report shall be submitted to the District by _______ covering the preceding monitoring period.

Discussion: This condition is used when extensive environmental monitoring is required, such as when withdrawals potentially impact wetlands. If the withdrawals are from District-controlled lands, extra copies of the report are requested for use by non-regulatory District staff.

22. No change.

23. Mapping Requirements.

Condition: The permittee shall obtain aerial 1" = 2,000' scale, color infrared photography of the area of withdrawals and adjacent 1-mile surrounding area. The photography shall be taken semi-annually, in May and September, and three copies shall be delivered to the District within 90 days.

Discussion: This condition is used when potentially impacted wetland areas exist within the cone of depression of the permittee's withdrawals and when long-term environmental monitoring will be aided by aerial photography. The scale and frequency of mapping required may be changed, as appropriate.

24. through 25. No change.

New 2-13-08, Amended________.

40D-2.101 Content of Application.

(1) through (2)(c) No change.

(d) Mining and Dewatering WUP.

Application for a new or renewal of an existing WUP for mining and dewatering uses other than phosphate mining shall be made using the Water Use Permit Application – Mining and Dewatering Materials Other Than Phosphate, Form No. LEG-R.048.010 (08/11) (8/09). The application shall be categorized as an application for an individual or general WUP based upon the combined annual average daily water demand as provided in subsection 40D-2.041(2), F.A.C. Application for a new or renewal of a WUP for phosphate mining shall be made using the individual or general WUP application form and the Water Use Permit Application Supplemental Form – Mining or Dewatering, Form No. LEG-R.032.00 (3/09) incorporated herein by reference.

(3) through (5) No change.

(6) Southern Water Use Caution Area Application Forms.

In addition to the permit application and information forms identified in subsections (1)-(5) above, all applicants for permits in the Southern Water Use Caution Area (SWUCA) shall submit the “Supplemental Form – Southern Water Use Caution Area,” Form No. LEG-R.007.02 (4/09) incorporated herein by reference. Applicants in the SWUCA shall also submit the following application and supplemental forms as appropriate for the intended water use type as described in Chapters 3 and 4 of the Water Use Permit Information Manual, Part B “Basis of Review.” All SWUCA application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices:

(a) No change.

(b) Southern Water Use Caution Area Ground Water Replacement Credit Application, Form No. LEG-R.011.021 (08/11) (4/09).

(7) Dover/Plant City Water Use Caution Area Application Forms – In addition to the permit application and information forms identified in subsections (1)-(6) above, all applicants for permits in the Dover/Plant City Water Use Caution Area shall submit the “Dover/Plant City Water Use Caution Area Supplemental Form” – Form No. LEG-R.050.010 (08/11) (12/10), incorporated herein by reference. Applicants in the Dover/Plant City WUCA shall also submit the “Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area” – Form No. LEG-R.051.00, (12/10) http://www.flrules.org/Gateway/reference.asp?No=Ref-00287, incorporated herein by reference, as appropriate for the intended water use as described in Chapters 3, 4 and 7 of the WUP Basis of Review described in Rule 40D-2.091, F.A.C. All application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363, 373.116, 373.117, 373.1175, 373.216, 373.229, 373.236, 403.0877 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, Formerly 16J-2.06, Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07, 9-10-08, 7-1-09, 8-30-09, 10-26-09, 1-27-10, 4-27-10, 6-16-11,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bree Gathers
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 30, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 30, 2011