The St. Johns River Water Management District (SJRWMD) is proposing 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 ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-2.031Implementation

40C-2.041Permits Required

40C-2.042General Permit by Rule

40C-2.051Exemptions

40C-2.101Publications Incorporated by Reference

40C-2.301Conditions for Issuance of Permits

40C-2.321Duration of Permit

40C-2.331Modification of Permits

40C-2.351Transfer of Permits

40C-2.361Renewal of Permits

40C-2.381Limiting Conditions

40C-2.501Permit Classification

40C-2.900Forms and Instructions

PURPOSE AND EFFECT: The St. Johns River Water Management District (SJRWMD) is proposing 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) programs (referred to as “CUPcon”). These proposed rules will make appropriate rule amendments to SJRWMD’s Chapters 40C-1 and 40C-2, F.A.C., and the Applicant’s Handbook: Consumptive Uses of Water (A.H.), to address the following goals of DEP and the WMDs for this CUPcon 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. SJRWMD is also proposing to create new exemptions and general permits by rule and to repeal Chapters 40C-20, and 40C-22, F.A.C.

SUMMARY: Specifically, the proposed rule amendments will: (1) amend Rule 40C-2.031 by updating references to the Applicant’s Handbook, Consumptive Uses of Water (A.H.), which is incorporated by reference in paragraph 40C-2.101(1)(a); (2) amend Rule 40C-2.041 by reducing the number of permit types down to two (individual and general permit by rule), revising the permit thresholds to allow more permits to be issued by District staff, repealing the lower permit threshold in the Delineated Area (which had required more users to obtain a CUP than in other areas), and require a single permit for withdrawals that serve contiguous property unless each property has a permit that requires metering; (3) amend Rule 40C-2.042 by creating two new general permits by rule (for short-term dewatering and for certain environmental restoration or enhancement projects), clarify the scope of the permit by rule for using water from an air conditioning unit or other water dependent cooling system, and update the reference to the revised application form for landscape irrigation (Form 40C-2.900(3)); (4) amend 40C-2.051 by creating three new exemptions (water used solely for fire protection purposes, the use of seawater from certain non-estuarine areas, and secondary uses supplied solely by reclaimed water) and updating two exemptions (for dewatering to facilitate construction or agriculture); (5) amend Rule 40C-2.101 by incorporating the newly updated and reorganized Applicant’s Handbook (A.H.) (which is described further below) and subsections 62-40.416(7)-(8), F.A.C. (regarding reuse impact offsets and substitution credits); (6) amend Rule 40C-2.301 by revising the conditions for issuance; (7) amend Rule 40C-2.321 by updating the reference to the reorganized section of the A.H. governing permit duration and clarifying who can revoke or suspend a permit; (8) amend Rule 40C-2.331 by creating three new permit modifications by letter (letter mods) (permit extension when a public water supplier meets the water conservation incentive criteria, permit extension due to a statutory change, and allocation increase due to a change from annualized allocation to an end of permit allocation), revising letter mod criteria for relocating a well, and updating references to the A.H. and application forms; (9) amend Rules 40C-2.351 and 40C-2.361 by clarifying rule references; (10) amend Rule 40C-2.381 by applying new standard permitting conditions, clarifying conditions, and updating references to the A.H.; (11) amend subsection 40C-2.501(3) by revising and updating the water source types; (12) amend Rule 40C-2.900 by adopting updated application forms and compliance forms and updating references to the A.H.; (13) delete obsolete and duplicative provisions; (14) incorporate recent legislative changes, including changes to Sections 373.236(5) and 373.250(5), F.S.; and (15) make conforming, technical, and clarifying changes.

The revised Applicant’s Handbook will contain a consistent order of appearance as well as consistent criteria on several topics, such as water conservation for public supply, 10-year compliance reports, end-of-permit allocations, and types of permits. In addition, the following changes are made to the Applicant’s Handbook (A.H.): (1) inclusion of procedural changes to prevent an increased regulatory burden from decreasing the number of permit types; (2) inclusion of conforming provisions related to changes made to Chapter 40C-2 and subsections 62-40.416(7)-(9), F.A.C.; (3) deletion of duplicate and obsolete provisions; and (4) terminology and technical revisions.

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 District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” forms and summaries and the analyses performed by the District in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

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, 373.227(5) FS.

LAW IMPLEMENTED: 373.042, 373.0421, 373.083(5), 373.116, 373.118, 373.171, 373.219, 373.223, 373.224, 373.226, 373.227, 373.229, 373.233, 373.236, 373.239, 373.243, 373.350, 403.511 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Following the regularly scheduled Governing Board Meeting on June 10, 2014, which begins immediately following the Regulatory Committee Meeting that begins at 10:00 a.m.

PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177

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 48 hours before the workshop/meeting by contacting: District Clerk at [phone]. 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: Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-2.031 Implementation.

(1) An individual consumptive use permitting program has been implemented on the following dates within the District:

(a) December 31, 1976 at 11:59 p.m. in that area transferred to the District from the Central and Southern Florida Flood Control District pursuant to Section 373.069 (Supp. 1976), Florida Statutes, known as the Upper St. Johns River Basin (see figure 1.4.1-1 of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C. 2-1).

(b) December 1, 1980 in that area transferred to the District from the Southwest Florida Water Management District pursuant to Section 373.069 (Supp. 1976), Florida Statutes, known as the Green Swamp Sub-basin, (see figure 1.4.1-1 of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C. 2-1).

(c) January 1, 1983 in the remaining area of the District not listed in paragraphs (a) and (b) above as described in Section 373.069(2)(c), Florida Statutes (see figure 1.4.1-1 of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C. 2-1), and for those uses not regulated prior to January 1, 1983.

(d) No change.

(e) Within the Delineated Area as set forth in 6.7.1.6, Applicant’s Handbook: Consumptive Uses of Water, for those uses requiring a permit under paragraphs 40C-2.041(1)(e) and (f), F.A.C.

(e)(f) February 15, 1995 for secondary users, as defined in paragraph 1.1(s) 2.0(w) of the Applicant's Handbook: Consumptive Uses of Water (which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.), which are required to obtain a permit pursuant to paragraph 40C-2.041(1)(f)(g), F.A.C.

(2) The effective dates specified in subsection (1) above are to be used to determine the beginning of the two-year period provided in Section 373.226, Florida Statutes, in which existing water users are to file initial applications. Failure to apply within the period of two years from the effective date of implementation shall create a conclusive presumption of abandonment of the use and if the user desires to revive the use, he must apply for a permit under the provisions of Rule subsection 40C-2.301(2), F.A.C.

(3) No change.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS. History–New 1-1-83, Formerly 40C-2.031, 40C-2.0031, Amended 7-23-91, 12-6-93, 2-15-95, 1-7-99, 2-15-06,__________.

 

40C-2.041 Permits Required.

(1) The District issues consumptive use permits in two forms, individual permits and general permits by rule.  Unless the consumptive use is expressly exempted in Rule 40C-2.051, F.A.C., or qualifies for a general permit by rule in Rule 40C-2.042, F.A.C., the Board hereby requires an individual consumptive use permit for any of the following:

(a) Average annual daily withdrawal equal to or exceeding one hundred thousand (100,000) gallons average per day on an annual basis.

(b) Withdrawal equipment or other facilities which have a capacity equal to or exceeding of more than one million (1,000,000) gallons per day.

(c) Withdrawals from a combination of wells or other facilities, having a combined capacity equal to or exceeding of more than one million (1,000,000) gallons per day.

(d) Withdrawals from a well in which the outside diameter of the largest permanent water bearing casing is six inches or greater at ground surface. This For purposes of this paragraph shall not apply to those wells for which, 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 was constructed with has a smaller diameter water bearing casing below ground surface prior to (effective date), and that smaller diameter casing is still in place.

(e)  Withdrawals from surface water facilities which have an intake diameter or cumulative intake diameter of six (6) inches or greater.  For purposes of this paragraph, the intake diameter of the surface water facility is the diameter at the end of the intake pipe. Within the Delineated Area as set forth in 6.7.1.6, Applicant’s Handbook: Consumptive Uses of Water, withdrawals from a well in which the outside diameter of the largest permanent water bearing casing is five inches or greater. For purposes of this paragraph, 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.

(f) Within the Delineated Area as set forth in 6.7.1.6, Applicant’s Handbook: Consumptive Uses of Water, uses of water for freeze protection of agricultural and nursery property greater than five acres in size.

(f)(g) Any secondary use, as defined in paragraph 1.1(s) 2.0(w) of the Applicant’s Handbook: Consumptive Uses of Water (which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.), which exceeds 100,000 gallons per day estimated on an average annual basis.

(2) Those thresholds in paragraphs 40C-2.041(1)(a) through (c) and (f)(g) and Rule 40C-2.042, F.A.C., above refer to the total capacity of the water withdrawal equipment, or wells, or other facilities located on contiguous or physically proximate properties that either share the same irrigation infrastructure or are owned, operated or controlled as a common enterprise or system. by any person, or facilities that are part of one contiguous system. A water user shall obtain one permit for all withdrawals that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same irrigation infrastructure or (b) are operated as a common enterprise.  However, when multiple use types, as defined in Rule 40C-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits. This requirement to aggregate two or more properties shall not apply when the separate properties have existing permits that require metering for all withdrawals or the water user requests a permit modification to the permits to require metering for all withdrawals.

(3) Uses not exceeding 500,000 gallons per day calculated as an annual average are processed pursuant to Section 1.4.5.5, Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C. as standard general permits pursuant to Chapter 40C-20, F.A.C.

(4) Those seeking an individual consumptive use permit must submit to the District a complete permit application Form Number 40C-2.900(1), which is incorporated by reference in subsection 40C-2.900(1), F.A.C.  Individual permits which do not exceed any of the following requirements are considered minor individual permits and may alternatively utilize permit application Form Number 40C-2.900(2), which is incorporated by reference in subsection 40C-2.900(2), F.A.C.:

(a) Cumulative average annual daily consumptive use is less than 100,000 gallons per day on an average annual basis.

(b) Withdrawal equipment or other facilities which have a capacity of less than one million (1,000,000) gallons per day.

(c) Withdrawals from a combination of wells or other facilities, having a combined capacity of less than one million (1,000,000) gallons per day.

(d) Withdrawals from a well in which the outside diameter of the largest permanent water bearing casing is less than eight (8) inches at ground surface. When the well owner or well contractor can demonstrate that the well was constructed with a smaller diameter water bearing casing below ground surface prior to (effective date) and that smaller diameter casing is still in place, the well diameter shall be considered to be its smaller diameter casing.

(e) Withdrawals from surface water facilities which have an intake diameter or cumulative intake diameter of less than eight (8) inches. For purposes of this paragraph, the intake diameter of the surface water facility is the diameter at the end of the intake pipe.

(4) through (5) renumbered (5) through (6) No change.

(7) Any person whose withdrawal otherwise meets the thresholds for a general permit by rule as specified in Rule 40C-2.042, F.A.C., may submit an application to obtain an individual consumptive use permit at their sole discretion.

Rulemaking Specific Authority 373.113, 373.216 FS. Law Implemented 373.219, 373.226 FS. History–New 1-2-77, Amended 1-1-83, 6-1-84, Formerly 40C-2.04, Amended 5-31-84, Formerly 40C-2.041, 40C-2.0041, Amended 7-23-91, 12-6-93, 2-15-95, 4-25-96, 1-7-99, 11-11-03,_________.

 

40C-2.042 General Permit by Rule.

A general consumptive use permit by rule is hereby established for consumptive uses of water listed below that do not meet or exceed any permitting threshold under subsection 40C-2.041(1), F.A.C., except as provided in subsections 40C-2.042(8), (9), and (10), F.A.C. However, this rule shall not apply to domestic uses of water by individuals, i.e., water used for the household purposes of drinking, bathing, cooking or sanitation. Persons using or proposing to use water in a manner not authorized under this rule, must obtain a permit pursuant to Chapter 40C-2, 40C-20, or 40C-22, F.A.C.

(1) The Board hereby grants a general permit to each person located within the District to use, withdraw or divert water to irrigate agricultural crops, nursery plants, cemeteries, golf courses and recreational areas such as playgrounds, football, baseball, and soccer fields, provided the irrigation does not occur between the hours of 10:00 a.m. and 4:00 p.m. daily, and provided the amount of water used is limited to only that necessary for efficient utilization. Such water use shall be subject to the following exceptions:

(a) through (l)  No change.

(m) Discharge of water from a water-to-air air conditioning unit or other water dependent cooling system constructed before (effective date) is not limited by this permit. The use of water from any water-to-air air conditioning unit or other water dependent cooling system constructed after (effective date) is not authorized under this rule, unless the discharge is returned directly to the same aquifer from which it is withdrawn.

(2)(a) through (b) No change.

(c) A person proposing to use water for landscape irrigation where factors establish the need for irrigation to occur in a manner other than that authorized in subsection 40C-2.042(2), F.A.C., may submit an application for an Individual Standard General Consumptive Use Permit pursuant to Chapter 40C-20, F.A.C., using form 40C-2.900(3)-1082-2. Standard General Consumptive Use Permit Application for Landscape Irrigation for One Additional Day Per Week.,  Fform number 40C-2.900(3)-1082-2, effective (effective date) 3-8-09, is hereby incorporated by reference and available at [insert URL from DOS] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529. This permit application is limited to including no more than 25 nearby properties within a common plan of development. If a development consists of more than one phase or section, the 25 properties must be located within a single phase or section. A person seeking authorization to irrigate more than 1 additional day than that authorized by Ssubsection 40C-2.042(2), F.A.C., must apply for an Individual Standard General Consumptive Use Permit pursuant to Chapter 40C-20, F.A.C., using form 40C-2.900(1),-1082-1 which is incorporated by reference in subsection 40C-2.900(1), F.A.C.

(3) through (8) No change.

(9)  The Governing Board hereby grants a general permit by rule to withdraw ground or surface water anywhere within the District for short-term construction dewatering activities (excluding borrow operations), subject to the limiting conditions in Appendix I of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C., and Form Number 40C-2.900(12). Notice to District of Dewatering Activity, Form Number 40C-2.900(12), effective (effective date), is hereby incorporated by reference and available at [insert URL] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.  This general permit by rule shall expire 190 days from the date a complete form 40C-2.900(12) is submitted to the District, and no dewatering may begin until 10 days after submittal of the complete form (except as allowed in Appendix I).

(10) The Governing Board hereby grants a general permit by rule to withdraw ground or surface water anywhere in the District for environmental restoration or enhancement projects proposed by the Florida Department of Environmental Protection or the District, which have obtained authorization or a verification of exemption under Part IV of Chapter 373, F.S., for the restoration or enhancement project. To qualify for this general permit by rule, the environmental restoration or enhancement project must comply with one of the following procedures:

(a) The project is part of a Surface Water Improvement and Management Plan developed pursuant to Section 373.453, F.S., that is reviewed by the Department and approved by a Water Management District in accordance with Section 373.456, F.S.;

(b) The project is approved by the Secretary of the Department after conducting at least one public meeting; or

(c) The project is wholly or partially funded by the Department through the Ecosystem Management and Restoration Trust Fund pursuant to Section 403.1651, F.S., or the Water Resources Restoration and Preservation Act pursuant to Section 403.0615, F.S.

Rulemaking Specific Authority 373.044, 373.109, 373.113, 373.118, 373.171 FS. Law Implemented 373.019(6), 373.109, 373.118, 373.219, 373.223, 373.250, 373.609, 373.62 FS. History–New 7-23-91, Amended 1-7-99, 2-15-06, 3-8-09,__________.

 

40C-2.051 Exemptions.

No permit shall be required under the provisions of this chapter or Chapter 40C-20 or 40C-22, F.A.C., for the following water uses:

(1) Domestic consumption of water by individual users as defined by Section 373.019(6)(4), Florida Statutes (2013).

(2) Those uses for which certification has been obtained pursuant to the provisions of the Florida Electrical Power Plant Siting Act (2013) or the Statewide Multipurpose Hazardous Waste Facility Siting Act.

(3) Withdrawals of ground or surface water to facilitate construction on or below ground surface or to remove pollutants from contaminated water, in the following circumstances:

(a) through (b) No change.

(c) Infiltration under this subsection may be accomplished by the use of land application or by discharge to wholly-owned impoundments or works, so long as there is no surface discharge off site. The withdrawal and recharge under this subsection must be done in a manner that does not contravene paragraphs 40C-2.301(1)(2)(b), (2)(4)(b), (e), (f), (g), and (h), (i) and (5), F.A.C.

(d) No change.

(4) No change.

(5) Withdrawals of surface water solely for flood control when:

(a) The withdrawal is accomplished by and was approved as part of a surface water management system which has received a management and storage of surface water permit pursuant to Chapters 40C-4 or 62-330, F.A.C., or

(b)  No change.

(6) Water, whether withdrawn or diverted, when used for purposes of protection of fish and wildlife or the public health and safety when and where the Governing Board has, by Rule 40C-2.302, F.A.C., reserved said water from use by permit applicants pursuant to Ssubsection 373.223(4)(3), F.S. (2013).

(7) Withdrawals of ground or surface water to facilitate construction (not including borrow or mining excavations) on or below ground surface (dewatering) subject to the following conditions:

(a) through (d) No change.

(e) The following turbidity control measures are implemented, as appropriate, for any discharges off-site:

1. through 2. No change.

3. If the above turbidity control measures are inadequate to retain sediment on-site and prevent turbid discharge, additional or modified erosion and sediment control measures must be selected, implemented, and operated as necessary to prevent harmful violations of water quality impacts from dewatering discharges to receiving waters. standards as specified in Chapter 62-302, F.A.C.

(8) Withdrawals of surface water (dewatering) by a drainage pump, which serves an agricultural operation, provided that the operation of the pump has been authorized by a permit issued pursuant to Chapter 40C-44, F.A.C., or Chapters 40C-4, or 40C-40, or 62-330, F.A.C., which incorporated the requirements of Chapter 40C-44, F.A.C. However, activities which are exempt from the requirements of Chapters 40C-4, 40C-40, and 40C-44, and 62-330, F.A.C., are not exempt from the need to obtain a consumptive use permit under this subsection.

(9) Withdrawals of ground or surface water solely for fire protection purposes.

(10) The use of seawater from any sea, gulf, or ocean, excluding estuaries, lagoons, rivers, streams, and intracoastal waters.

(11) Secondary uses supplied solely by reclaimed water obtained from a water supplier.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 288.501 et seq., 373.103, 373.171, 373.216, 373.219, 373.250, 403.511 403.501 et seq. FS. History–New 1-1-83, Formerly 40C-2.051, 40C-2.0051, Amended 8-18-87, 11-19-87, 9-12-89, 12-6-93, 8-17-94, 4-25-96, 10-2-96, 11-11-03, 2-15-06,__________.

 

40C-2.101 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a) Parts I, II and III, (insert URL http://www.flrules.org/Gateway/reference.asp?No=Ref-01522), subsections 62-40.416(7)-(8), F.A.C., effective May 6, 2013, in Appendix G, [insert URL], and Limiting Conditions for subsection 40C-2.042(9), F.A.C., Dewatering General Permits by Rule in Appendix I [Insert URL] the “Water Conservation Public Supply” requirements in Appendix I, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00954) and “Legal Description of the Central Florida Coordination Area of the St. Johns River Water Management District” in Appendix L (http://www.flrules.org/Gateway/reference.asp?No=Ref-00955) of the document entitled “Applicant’s Handbook, Consumptive Uses of Water”, effective (effective date) 9-16-12. The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions that pertain to the District’s administration of the consumptive use permitting program.

(b) The following rules of the Florida Department of Environmental Protection: subsections 62-40.416(7) and 62-40.416(8), F.A.C. [insert URL to 62-40.416], effective May 6, 2013, which are hereby incorporated by reference as of (effective date). subsections 62-40.416(7) and 62-40.416(8) are referenced in sections 3.3.2.1 and 3.3.2.2, respectively, and in Appendix G of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(2) Copies of these this documents are available without charge from floridaswater.com and the following District offices:

District Headquarters

St. Johns River Water Management District

4049 Reid Street

Palatka, Florida 32177-2529

[phone]

 

St. Johns River Water Management District

7775 Baymeadows Way, Suite 102

Jacksonville, Florida 32256

[phone]

 

St. Johns River Water Management District

601 South Lake Destiny Road, Ste. 200

Maitland, Florida 32751

[phone]

 

St. Johns River Water Management District

525 Community College Pkwy., S.E.

Palm Bay, Florida 32909

[phone]

Rulemaking Authority 373.044, 373.113, 373.118, 373.17, 373.227(5)1 FS. Law Implemented 373.042, 373.0421, 373.073, 373.079, 373.083(5), 373.103, 373.109, 373.219, 373.223, 373.226, 373.227, 373.229, 373.233, 373.236, 373.239, 373.250, 373.62, 373.707 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06, 2-13-08, 8-12-08, 3-8-09, 12-27-10, 2-2-12, 9-16-12,__________.

 

40C-2.301 Conditions for Issuance of Permits.

(1) To obtain a consumptive use permit for a use existing on the effective date of implementation, the applicant shall apply for a permit under the provisions of Section 373.226, Florida Statutes, and subsection 40C-2.041(2), F.A.C., and shall establish that it is a reasonable-beneficial use and is allowable under the common law of Florida.

(1)(2) To obtain a consumptive use permit, renewal, or modification, an for a use which will commence after the effective date of implementation, the applicant must provide reasonable assurance establish that the proposed consumptive use of water, on an individual and cumulative basis:

(a) Is a reasonable-beneficial use;

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

(c) Is consistent with the public interest.

(3) For purposes of paragraph (2)(b) above, “presently existing legal use of water” shall mean those legal uses which exist at the time of receipt of the application for the consumptive use permit.

(2)(4) In order to provide reasonable assurances that the consumptive The following criteria must be met in order for a use is to be considered reasonable-beneficial, an applicant shall demonstrate that the consumptive use:

(a) Is a The use must be in such quantity that as is necessary for economic and efficient use; utilization.

(b) Is The use must be 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)(c) Will utilize a The source of the water source that is must be capable of producing the requested amounts of water;.

(d) The environmental or economic harm caused by the consumptive use must be reduced to an acceptable amount.

(e) All available water conservation measures must be implemented unless the applicant demonstrates that implementation is not economically, environmentally or technologically feasible. Satisfaction of this criterion may be demonstrated by implementation of an approved water conservation plan as required in section 12.0., Applicant’s Handbook: Consumptive Uses of Water.

(f) When reclaimed water is readily available it must be used in place of higher quality water sources unless the applicant demonstrates that its use is either not economically, environmentally or technologically feasible.

(e)(g) Except when the use is fFor all uses except human food preparation or and direct human consumption, will utilize the lowest acceptable quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible;, including reclaimed water or surface water (which includes stormwater), must be utilized for each consumptive use. To use a higher quality water source an applicant must demonstrate that the use of all lower quality water sources will not be economically, environmentally, or technologically feasible. If the applicant demonstrates that use of a lower quality water source would result in adverse environmental impacts that outweigh water savings, a higher quality source may be utilized.

(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.(h) Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion; The consumptive use shall not cause significant saline water intrusion or further aggravate currently existing saline water intrusion problems.

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;

(i) The consumptive use shall not cause or contribute to flood damage.

(j) The water quality of the source of the water shall not be seriously harmed by the consumptive use.

(h)(k) No change.

(i)(l) Is in accordance with any The consumptive use must not cause water levels or flows to fall below the minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S. limits set forth in Chapter 40C-8, F.A.C.; and

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

(5)(a) A proposed consumptive use does not meet the criteria for the issuance of a permit set forth in subsection 40C-2.301(2), F.A.C., if such proposed water use will:

1. Significantly induce saline water encroachment; or

2. Cause the water table or surface water level to be lowered so that stages or vegetation will be adversely and significantly affected on lands other than those owned, leased or otherwise controlled by the applicant; or

3. Cause the water table level or aquifer potentiometric surface level to be lowered so that significant and adverse impacts will affect existing legal users; or

4. Require the use of water which pursuant to Section 373.223(3), Florida Statutes, and subsection 40C-2.301(6), F.A.C., the Board has reserved from use by permit; or

5. Cause the rate of flow of a surface watercourse to be lowered below any minimum flow which has been established in Chapter 40C-8, F.A.C.; or

6. Cause the level of a water table aquifer, the potentiometric surface level of an aquifer, or the water level of a surface water to be lowered below a minimum level which has been established in Chapter 40C-8, F.A.C.

(b) Compliance with the criteria set forth in paragraph (5)(a) above does not preclude a finding by the Board that a proposed use fails to comply with the criteria set forth in subsection 40C-2.301(2), F.A.C., above.

(3)(6)(a) The Board may reserve water from use or withdrawal under the authority of a consumptive use permit, in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety. The Board hereby determines and finds that protection of the water resource from significant harm is required for protection of the public health and safety.

(b) Such reservation of water shall be implemented by rule, pursuant to Section 373.223(4)(3), Florida Statutes, and shall be subject to periodic review and revisions by the Board in the light of changed conditions.

(4)(7) Except as otherwise provided by law, tThe applicant shall have the burden of proof to establish and present sufficient data to support a finding by the District Board that the proposed use meets the conditions specified in subsections (1) and or (2) above. The standards, criteria, and conditions in the Applicant’s Handbook: Consumptive Uses of Water, which is incorporated adopted by reference in paragraph 40C-2.101(1)(a), F.A.C., shall be used in determining whether the requirements of subsections (1) and or (2) above are met.

Rulemaking Authority 373.044,373.113, 373.171, 373.229 FS. Law Implemented 373.042, 373.0421, 373.196, 373.219, 373.223, 373.224, 373.226, 373.250 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.301, 40C-2.0301, Amended 7-23-91, 9-16-92, 1-20-93, 6-7-93, 1-7-99, 2-13-08,___________.

 

40C-2.321 Duration of Permit.

(1) The provisions of section 1.5 6.5, Applicant’s Handbook: Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C., shall be applied in determining permit durations.

(2) Nothing herein shall preclude or otherwise prevent the District 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 Specific Authority 373.044, 373.113 FS. Law Implemented 373.236, 373.243 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.321, 40C-2.0321, Amended 7-23-91, 11-12-91, 1-20-93, 4-25-96, 11-11-03,__________.

 

40C-2.331 Modification of Permits.

(1) A request for modification of a valid permit issued pursuant to Chapters 40C-2 or 40C-20, F.A.C., shall be made as set forth in this section:

(a) By application on District Form Number 40C-2.900(1), 40C-2.900(2), or 40C-2.900(3), which are incorporated by reference in subsections 40C-2.900(1)-(3), F.A.C., 40C-2-1082-1 or 40C-2-1082-2, as applicable; or

(b) By letter that describes the proposed modification, provided that the modification is not excluded under paragraph (1)(c) below. The letter must include the full permit number for the requested permit modification and must describe the proposed modification.

(c) The following requests for modification are specifically excluded from the letter modification process and must be requested by application under paragraph (1)(a) above:

1. Requests to increase the duration of the consumptive use authorization, except for:;

(i) Increases in duration that meet the criteria for a water conservation incentive permit extension under Section 1.4.3.3.1(c) of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C., or

(ii) Increases in duration due to a change in statutory law that authorizes a longer permit duration;

2. Requests to increase the consumptive use allocation(s), except for:

(i) Increases in use of reclaimed water or water from a man-made surface water management system that do not increase the allocation by 100,000 or more gallons per day on an annual average basis, or

(ii) The addition of landscape irrigation of less than one acre, or;

(iii) Increases due to a change from an annualized incremented allocation to an end of permit (total quantity) annual allocation;

3. Requests to change the permitted use type;

4. Requests to change the permitted use within a use type that has been allocated in the permit, unless it does not increase the consumptive use allocation(s);

5. Requests to add withdrawal points, unless the addition is for a well only for backup-allocation purposes to increase the permittee’s ability to meet peak demands;

6. Requests to change the source(s) of withdrawal(s), unless the change is to use a source of reclaimed water or water from a man-made surface water management system; or

7. Requests to change the location(s) of withdrawal point(s), unless the change:

(i) Is for the relocation of withdrawal point(s) to a source of reclaimed water or water from a man-made surface water management system, or

(ii) Is for the relocation of a proposed well or replacement of an existing well with a well producing from the same hydrostratigraphic unit as the proposed well or existing well so long as the relocated or replacement well does not cause impacts to the water resources of the area or existing offsite land uses beyond those evaluated under the consumptive use permit is within 1000 feet of the proposed or existing well it is intended to replace, and the total withdrawal capacity of the relocated or replacement well is less than or equal to the withdrawal capacity of the proposed or existing well that was authorized under the current consumptive use permit.

(2) A request for modification under paragraph (1)(a) above must meet the conditions for issuance in Rule 40C-2.301, F.A.C. A request for modification by letter in accordance with paragraph (1)(b) above need only provide information and meet the conditions for issuance in Rule 40C-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. A denial of a request for modification under paragraphs (1)(a) or (1)(b) above shall be processed as provided in Ssections 1.4.3.3.1(b) and 1.4.3.3.2 3.3.3.1(b) and 3.3.3.2 of the Applicant’s Handbook, Consumptive Uses of Water (2-2-12), which is are hereby incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(3) Modification by letter in accordance with paragraph (1)(b) above must be approved and acknowledged in writing through correspondence to the applicant by a District staff member designated by the District Executive Director.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.083(5), 373.219, 373.223, 373.229, 373.239 FS. History–New 1-2-77, Amended 1-1-83, Formerly 40C-2.33, 40C-2.331, 40C-2.0331, Amended 4-25-96, 10-2-96, 2-2-12,___________.

 

40C-2.351 Transfer of Permits.

The District may transfer a permit in accordance with Rule Chapter 40C-1.612, F.A.C. The permit will be transferred under the same terms and conditions contained in the permit provided the source(s) and use(s) remain the same. All terms and conditions of the permit shall be binding on the transferee.

Rulemaking Specific Authority 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 1-2-77, Amended 1-1-83, Formerly 40C-2.35, 40C-2.351, 40C-2.0351, Amended 8-1-89,__________.

 

40C-2.361 Renewal of Permits.

(1) No change.

(2) Applications for renewal of consumptive use permits shall be processed in accordance with the provisions of Rules Chapter 40C-1.610 and 40C-1.1008, F.A.C.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.239 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.361, 40C-2.0361,__________.

 

40C-2.381 Permit Limiting Conditions.

(1) Consumptive use permits shall be conditioned, as necessary, to ensure that the permitted consumptive use continues to meet the conditions for issuance in Rule 40C-2.301, F.A.C. There are two categories of permit conditions that will be applied to consumptive use permits. Standard conditions contain general information and operational constraints that generally apply to all water uses unless waived or modified by the District upon a determination that the conditions are inapplicable to the use authorized by the permit. Special conditions vary among use classes, source classes, and geographic locations, and may be project-specific. The District will impose upon any permit granted pursuant to this Chapter such reasonable conditions as are necessary to assure that the permitted use of water will continue to be consistent with the conditions for issuance in Rule 40C-2.301, F.A.C.

(2)(a) The Board hereby determines and finds that the inclusion of the following standard limiting conditions on standard general permits issued under Chapter 40C-20, F.A.C., and permits issued under this chapter are necessary in order to meet the requirements set forth in subsection 40C-2.381(1), F.A.C., and will be imposed at the time a consumptive use permit is issued or granted by rule unless waived or modified by the District upon a determination that the conditions are inapplicable to the activity authorized by the permit:

1.  With advance notice to the permittee, District staff with proper identification shall have permission to enter, inspect, observe, collect samples, and take measurements of permitted facilities to determine compliance with the permit conditions and permitted plans and specifications. The permittee shall either accompany District staff onto the property or make provision for access onto the property. District authorized staff, upon proper identification, will have permission to enter, inspect and observe permitted and related facilities in order to determine compliance with the approved plans, specifications and conditions of this permit.

2. Nothing in this permit should be construed to limit the authority of the St. Johns River Water Management District to declare a water shortage and issue orders pursuant to Chapter 373, Section 373.175, F.S., or to formulate a plan for implementation during periods of water shortage, pursuant to Section 373.246, F.S. In the event of a declared water shortage is declared by the District Governing Board, the permittee must adhere to the water shortage restrictions, as specified by the District. The permittee is advised that during a, even though the specified water shortage, reports shall be submitted as required by District rule or order restrictions may be inconsistent with the terms and conditions of this permit.

3. through 6. No change.

7. The permittee shall notify the District must be notified, in writing, within 30 days of any sale, transfer, or conveyance of ownership or any other loss of permitted legal control of the project and/or related facilities, or other transfer of a well or facility from which the permitted consumptive use is made. or within 30 days of any transfer of ownership or control of the real property at which the permitted consumptive use is located. Where permittee’s control of the land subject to the permit was demonstrated through a lease, the permittee must either submit documentation showing that it continues to have legal control or transfer control of the permitted system/project to the new landowner or new lessee.  All transfers of ownership or transfers of permits are subject to the requirements provisions of Rule 40C-1.612, F.A.C. Alternatively, the permittee may surrender the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit.

8. A District-issued identification tag shall be prominently displayed at each withdrawal site by permanently affixing such tag to the pump, headgate, valve, or other withdrawal facility as provided by Rule 40C-2.401, F.A.C. The pPermittee shall notify the District in the event that a replacement tag is needed.

9.  No change.

10. The permittee’s consumptive use of water as authorized by this permit shall not reduce a flow or level below any minimum flow or level established by the District or the Department of Environmental Protection pursuant to Sections 373.042 and 373.0421, F.S. adopted in Chapter 40C-8, F.A.C. If the permittee’s use of water causes or contributes to such a reduction, then the District shall revoke the permit, in whole or in part, unless the permittee implements all provisions applicable to the permittee’s use in a District-approved recovery or prevention strategy.

11. through 13. No change.

14. All consumptive uses authorized by this permit shall be implemented as conditioned by this permit, including any documents incorporated by reference in a permit condition. The District may revoke this permit, in whole or in part, or take enforcement action, pursuant to Sections 373.136 or 373.243, F.S., unless a permit modification has been obtained to address the noncompliance. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate.

15. This permit does not convey to the permittee any property rights or privileges other than those specified herein, nor relieve the permittee from complying with any applicable local government, state, or federal law, rule, or ordinance.

16. A permittee may seek modification of any term of an unexpired permit. The permittee is advised that Section 373.239, F.S., and Rule 40C-2.331, F.A.C., are applicable to permit modifications.

(b) In addition to these general limiting conditions which are applied to all permits, other limiting conditions will be applied to specific permits. These additional limiting conditions are described in Section 5.0 Part III, “Applicant’s Handbook Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.219(1), 373.223, 373.239, 373.243 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.381, 40C-2.0381, Amended 8-1-89, 7-23-91, 2-15-06, 2-2-12,__________.

 

40C-2.501 Permit Classification.

(1) through (2) No change.

(3) Source Types Classes: Each permit shall be identified with one or more of the following source types classifications:

(a) River, creek, Streams or other watercourses.

(b) Lakes , pond, or other impoundments.

(c) Unconfined Aaquifers.

(d) Confined or semiconfined aquifers.

(d)(e) Water supplier.

(4) through (5) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.219, 373.246 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.501, 40C-2.0501, Amended 1-20-93, 2-15-95, 2-2-12,__________.

 

40C-2.900 Forms and Instructions.

(1) Individual and Standard General Consumptive Use Permit Application, Form Number 40C-2.900(1) 40C-2-1082-1, effective effective date 2-2-12, is hereby incorporated by reference and available at {insert URL}. This form is referenced in subsection paragraphs 40C-2.041(4), paragraphs 40C-2.042(2)(c), and 40C-2.331(1)(a), F.A.C., and in Ssections 1.4.3.3(b), 1.4.4.2, 1.4.5.5.1(c), and 1.4.5.5.2 3.3.3(b), 4.2, 5.5.1(c), and 6.5.5 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date 2-2-12), which is incorporated by reference in paragraph subsection 40C-2.101(1)(a), F.A.C.  The following supplemental application forms referenced in the Consumptive Use Permit Application, Form Number 40C-2.900(1), are hereby incorporated by reference:

(a) Agricultural – Form A, which is available at {insert URL};

(b) Commercial/Industrial – Form B, which is available at {insert URL};

(c) Landscape/Recreation – Form C, which is available at {insert URL};

(d) Mining/Dewatering – Form D, which is available at {insert URL};

(e) Public Supply – Form E, which is available at {insert URL};

(f) Environmental/Other – Form F, which is available at {insert URL};

(g) Institutional – Form G, which is available at {insert URL}.

(http://www.flrules.org/Gateway/reference.asp?No=Ref-00962).

(2)  Consumptive Use Permit Minor Individual Supplemental Form, Form Number 40C-2.900(2), effective effective date, is hereby incorporated by reference and available at {insert URL}. This form is referenced in subsection 40C-2.041(4) and paragraph 40C-2.331(1)(a), F.A.C., and in Sections 1.4.3.3(b), 1.4.4.2, 1.4.5.5.1(c), and 1.4.5.5.2 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(3) Standard General Consumptive Use Permit Application for Landscape Irrigation for One Additional Day Per Week, Form Number 40C-2.900(3) 40C-2-1082-2, effective effective date 3-8-09, is hereby incorporated by reference and available at {insert URL}. This form is referenced in paragraphs paragraphs 40C-2.042(2)(c) and 40C-2.331(1)(a), F.A.C., and in Ssections 1.4.3.3(b), 1.4.4.2, and 1.4.5.1(c) 3.3.3(b), 4.2, and 5.5.1(c) of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date 2-2-12), which is incorporated by reference in paragraph subsection 40C-2.101(1)(a), F.A.C. 

(3) District form number 40C-2-0590-3, Water Audit Form and Instructions, 1-7-99.

(4) Water Use/Pumpage Report Form Record (EN-50), Form Number 40C-2.900(4), effective effective date 2-2-12, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Ssection 4.2.1 6.7.1.8.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date 2-2-12), which is incorporated by reference in paragraph subsection 40C-2.101(1)(a), F.A.C. (http://www.flrules.org/Gateway/reference.asp?No=Ref-00963).

(5) Flow Meter Accuracy Report Form Water Use Reporting Verification (EN-51), Form Number 40C-2.900(5), effective effective date 2-2-12, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Ssection 4.2.1 6.7.1.8.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date 2-2-12), which is incorporated by reference in paragraph subsection 40C-2.101(1)(a), F.A.C. (http://www.flrules.org/Gateway/reference.asp?No=Ref-00964).

(6) Annual Statement of Continuing Use, Form Number 40C-2.900(6), effective effective date 2-2-12, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Ssection 4.2.1 6.7.1.8.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date 2-2-12), which is incorporated by reference in paragraph subsection 40C-2.101(1)(a), F.A.C. (http://www.flrules.org/Gateway/reference.asp?No=Ref-00965).

(7) Water Audit Form and Instructions, Form Number 40C-2.900(7), effective effective date, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Sections 2.2.2.5.1.A.4.(a) and 2.2.2.5.1.A.4.(c) of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(8) Alternative Method Flow Verification Report Form, Form Number 40C-2.900(8), effective effective date, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 4.2.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(9) Annual Crop Summary Report Form, Form Number 40C-2.900(9), effective effective date, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 2.2.5.5.4 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(10) Crop Protection Report Form, Form Number 40C-2.900(10), effective effective date, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 2.2.5.5.5 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(11) Water Quality Report Form, Form Number 40C-2.900(11), effective effective date, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 5.2.1(e) of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(12) Notice to District of Dewatering Activity (RDS-50), Form Number 40C-2.900(12), effective effective date , is hereby incorporated by reference and available at {insert URL}. This form is referenced in subsection 40C-2.042(9), F.A.C., and Appendix I of the “Applicant’s Handbook, Consumptive Uses of Water” (effective effective date), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(13)(7) No change.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.109, 373.116, 373.118, 373.219, 373.229 FS. History–New 5-30-90, Amended 7-21-91, 7-23-91, 1-20-93, 2-15-95, 4-25-96, 10-2-96, 1-7-99, 2-15-06, 3-8-09, 2-2-12,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas I. Mayton, Jr., Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 8, 2014

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