Permits Required, Noticed General Permits and Individual Permits, Publications Incorporated by Reference, Limiting Conditions
South Florida Water Management District
RULE NOS.:RULE TITLES:
40E-2.041Permits Required
40E-2.071Noticed General Permits and Individual Permits
40E-2.091Publications Incorporated by Reference
40E-2.381Limiting Conditions
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 238, December 10, 2013 issue of the Florida Administrative Register.
40E-2.041 Permits Required.
(1) through (3) No change.
(4) A water user seeking a noticed general permit shall obtain one permit for all withdrawals that are intended to serve contiguous areas property. Unless obtaining multiple permits whose withdrawals quantities are monitored and reported from each withdrawal facility or point of diversion if required by Subsection 4.1.1 of the Handbook and evaluated for feasibility of using reclaimed water if required by Subsection 2.2.4.B of the Handbook, two Two or more projects properties represented as separate properties shall be aggregated and treated as a single project property for permitting purposes when the District determines that the projects properties are physically proximate and either a) share the same irrigation infrastructure or b) are operated as a common enterprise. However, when multiple use classifications, as set forth in Rule 40E-21.651, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate noticed general permits.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.079, 373.083, 373.103(1), 373.219, 373.244 FS. History–New 9-3-81, Formerly 16K-2.03(1), (2), Amended 10-23-12,________.
40E-2.071 Noticed General Permits and Individual Permits.
(1) The use of water, which does not qualify for a general permit by rule, qualifies for a noticed general permit if the use:
(a)(1) No change.
1.(a) No change.
2.(b) No change.
3.(c) No change.
4.(d) Surface or groundwater within the Picayune Strand or Fakahatchee Estuary, groundwater indirectly from the Picayune Strand or Fakahatchee Estuary or any canal identified in Figure 3-4 3-6 of the Applicant’s Handbook, or surface water indirectly from any canal identified in figure 3-4 3-6 of the Applicant’s Handbook;
5.(e) No change.
6.(f) No change.
(b)(2) No change.
1.(a) No change.
2.(b) No change.
3.(c) No change.
(c)(3) No change.
(d)(4) No change.
1.(a) No change.
2.(b) No change.
3.(c) No change.
4.(d) No change.
(e)(5) No change.
(2) An individual permit is required for all non-exempt uses that do not qualify for a general permit. Diversion and impoundment uses do not qualify for a general permit and must apply for an individual permit. Dewatering uses that do not qualify for a general permit by rule must apply for an individual permit.
Figures 2-1 through 2-3 – No change.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.118, 373.219, 373.223 FS. History–New __________.
40E-2.091 Publications Incorporated by Reference.
(1) The “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District – ____________ October 23, 2012, hyperlink, is incorporated by reference herein.
(2) The following forms are referenced in the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District – ________________”, and are incorporated herein: The Applicant’s Handbook requires the use of the following forms, which are hereby incorporated by reference: Form 0188-QASR, Quarterly Report of Injections and Withdrawals for Aquifer Storage and Recovery (ASR) Wells, October 2012, http://www.flrules.org/Gateway/reference.asp?No=Ref-01565, (referenced in Section 4.1);
(a) through (g) No change.
(3) through (4) No change.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12,___________.
NOTE: CHANGES TO PROPOSED APPLICANT’S HANDBOOK ARE AVAILABLE AT www.sfwmd.gov/rules or by contacting any one of the persons listed in the contact section of this notice. Changes were made to: 1) clarify language regarding aggregation of Contiguous Parcels, Reuse Requirements, End User Feasibility Evaluation, and Water Flow Monitoring and Calibration sections; 2) change the term ‘may’ to ‘shall’ in Special Duration Factors section and the certification language in the water use forms; and 3) correct statutory citations, capitalization, and paragraph numbering.
40E-2.381 Limiting Conditions.
Pursuant to Sections 373.216, 373.219, and 373.223, F.S., tThe District shall impose on any permit granted under this chapter such reasonable permit conditions on permits granted under this chapter as are necessary to assure that the permitted use or withdrawal will be consistent with the overall objectives of the District, will not be harmful to the water resources of the District, is reasonable-beneficial, will not interfere with any presently existing legal uses, and is consistent with the public interest. Standard permit conditions in Section 5.1 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District”, incorporated by reference in Rule 40E-2.091, F.A.C., shall be set forth in the permit. Special permit conditions, including those specified in Section 5.2 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District”, incorporated by reference in Rule 40E-2.091, F.A.C., shall be set forth in the permit, as applicable.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.079, 373.083, 373.219(1) FS. History–New 9-3-81, Amended 2-24-85, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 8-1-02, 4-23-07, 2-13-08, 10-23-12,________.
