Definitions, Publications Incorporated by Reference, Content of Application, Modification of Permits, Transfer of Permits, Standard Permit Conditions
Southwest Florida Water Management District
RULE NOS.:RULE TITLES:
40D-2.021Definitions
40D-2.091Publications Incorporated by Reference
40D-2.101Content of Application
40D-2.331Modification of Permits
40D-2.351Transfer of Permits
40D-2.381Standard Permit 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. 248, December 26, 2013 issue of the Florida Administrative Register.
These changes are in response to written comments received from the Joint Administrative Procedures Committee dated February 12, 2014 and technical changes.
Subsection (9) of Rule 40D-2.021, F.A.C., Definitions, is revised as follows:
The following definitions shall apply Districtwide when used in this chapter and in the District’s Water Use Permit Applicant’s Handbook Part B, (WUP Applicant’s Handbook) incorporated by reference in Rule 40D-2.091, F.A.C., except as specifically limited:
(9) “New Quantities” means groundwater for annual average quantities and crop protection that is not currently authorized to be used for the intended use by the applicant. Within the SWUCA, means groundwater that is not currently authorized to be withdrawn by the applicant or not currently authorized to be used for the intended use by the applicant. Within the Dover/Plant City WUCA, “New Quantities” means groundwater for crop protection that is not currently authorized to be used by the applicant or not currently authorized to be used for the intended use by the applicant. This includes modifications of applications to modify existing permits to increase quantities, and/or change the Permit Use Type (affecting only the modified portion) and applications for an initial permit, but does not include a full or partial permit transfer. A modification to change crops or plants grown under an Agricultural Use or to change withdrawal location or Use Type that is authorized by the terms of the permit or site certification at the time of issuance, is not a change in Permit Use Type provided that the quantities do not increase. In addition, when land is mined and the land will be returned to the Use Type operation authorized under the water use permit (WUP) that existed prior to mining, such activity does not constitute a change in Use Type or New Quantity.
Subsection (2) of Rule 40D-2.091, F.A.C., Publications and Forms Incorporated by Reference, is revised as follows:
(2) The following forms for reporting information to the District are hereby incorporated by reference, and are available from the District upon request:
(a) through (b) No change.
(c) Irrigation Water Use Form – Annual Landscape/Recreation/Aesthetic/Golf, Southern Water Use Caution Area, Form No. LEG-R.018.02 (EFFECTIVE DATE) (HYPERLINK) LEG-R.018.01 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01678).
(d) through (h) No change.
(i) Florida Department of Environmental Protection’s Landscape Guidance: Models for Ordinances, Covenants, and Restrictions, (1/09) (HYPERLINK).
(j) Landscape Irrigation and Florida Friendly Design Standards, (12/2006) (HYPERLINK).
(i)(k) University of Florida’s Institute of Food and Agricultural Science’s Department of Fisheries and Aquatic Sciences publication “Regulations Pertaining to Non-native Fish in Florida Aquaculture” (FA-121) (August 2013) (HYPERLINK) incorporated in Section 2.4.3.3.3. of the Water Use Permit Applicant’s Handbook Part B.
(j)(l) Flow Meter Pre-Installation Information Work Sheet, Form No. LEG-R.052.00 (9/12). http://www.flrules.org/Gateway/reference.asp?No=Ref-02198.
(k)(m) Flow Meter Post-Installation Information Reimbursement Form, Form No LEG-R.053.00 (9/12)
http://www.flrules.org/Gateway/reference.asp?No=Ref-02199.
(l)(n) Crop Protection Report Form, Form No. LEG-R.104.00 (EFFECTIVE DATE) (HYPERLINK).
(m)(o) Water Use/Pumpage Report Form, Form No. LEG-R.105.00 (EFFECTIVE DATE) (HYPERLINK).
(n)(p) Water Quality Report Form, Form No. LEG-R.106.00 (EFFECTIVE DATE) (HYPERLINK).
Subsections (1), (5) and (6) of Rule 40D-2.101, F.A.C., Content of Application, is revised as follows:
(1) Application for a new or renewal of an existing Individual WUP shall be made using the Water Use Permit Application, Form No. LEG-R.100.00 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in paragraph 40D-1.659(1)(h), F.A.C. In order to obtain an individual WUP, an applicant shall file with the District a “Water Use Permit Application” form including the appropriate supplemental forms or attachments as may be required for the water use or uses for which application is being made. The application shall consist of all completed forms and other documentation submitted in support of the application for the WUP, which shall constitute information sufficient to demonstrate what the water use meets the criteria and conditions established in Rule 40D-2.301, F.A.C. Applicants shall also submit one or more of the following Supplemental Forms as appropriate for each type of water use proposed in the permit application:
a. Water Use Permit Application – Agricultural Use – Supplemental Form A, Form No. LEG-R.030.02 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in paragraph 40D-1.659(1)(i).
b. Water Use Permit Application – Industrial/Commercial Use – Supplemental Form B, Form No. LEG-R.031.01 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in paragraph 40D-1.659(1)(j).
c. Water Use Permit Application – Landscape/Recreation Use – Supplemental Form C, Form No. LEG-R.034.01 LEG-R.034.00 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in paragraph 40D-1.659(1)(k).
d. Water Use Permit Application – Mining/Dewatering Use – Supplemental Form D, Form No. LEG-R.112.00 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in paragraph 40D-1.659(1)(l).
e. Water Use Permit Application – Public Supply Use – Supplemental Form E, Form No. LEG-R.033.02 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in paragraph 40D-1.659(1)(m).
f. Water Use Permit Application – Other Use – Supplemental Form F, Form No. LEG-R.109.00 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in paragraph 40D-1.659(1)(n).
g. Water Use Permit Application – Institutional Use – Supplemental Form G, Form No. LEG-R.110.00 (EFFECTIVE DATE) (HYPERLINK), incorporated by reference in paragraph 40D-1.659(1)(o).
(2) through (4) No change.
(5) Southern Water Use Caution Area Application Forms – In addition to the permit application and forms identified above, all applications for permits in the Southern Water Use Caution Area (SWUCA) shall submit the “Supplemental Form – Southern Water Use Caution Area,” Form No. LEG-R. 007.03 (EFFECTIVE DATE) (HYPERLINK) 007.02 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01672) 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 the WUP Applicant’s Handbook Part B. The SWUCA application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices:
(a) Net Benefit Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R. 010.02 (EFFECTIVE DATE) (HYPERLINK), 010.01 (9/12), (http://www.flrules.org/Gateway/reference.asp?No=Ref-01674), incorporated herein by reference; and
(b) Southern Water Use Caution Area Ground Water Replacement Credit Application, Form No. LEG-R. 011.03 (EFFECTIVE DATE) (HYPERLINK), 011.02 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01675), incorporated herein by reference.
(6) Dover/Plant City Water Use Caution Area Application Forms – In addition to the permit application and forms identified 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. 050.02 (EFFECTIVE DATE) (HYPERLINK), 050.01 (08/11) http://www.flrules.org/Gateway/reference.asp?No=Ref-00742, 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. 051.01 (EFFECTIVE DATE) (HYPERLINK), 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 the WUP Applicant’s Handbook. All application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices.
Subsections (1) and (2)(b) of Rule 40D-2.331, F.A.C., Modification of Permits, are revised as follows:
(1) A permittee may seek modification of any of the terms and conditions of an unexpired permit except when the sole purpose is to modify the expiration date. Notwithstanding, a permittee may seek modification for the sole purpose of modifying the expiration date if it is its pursuant to subsection 40D-2.321(5), F.A.C, or when a public water supply permittee achieves demonstrable savings attributable to implementation of a water conservation plan pursuant to Sections 2.4.8.6.2 and 2.4.8.7 of the Applicant’s Handbook. A permit expiration date may also be modified upon request and documentation by the permittee, if the modification application is deemed by the District to be substantial, as described in the WUP Applicant’s Handbook Part B Section 1.4.11 resulting in the modification application to be processed as a renewal application with modification. A request for modification shall be reviewed in accordance with the rules in effect at the time the modification is filed.
(2) Modifications:
(a) No change.
(b) Letter Modification – A Letter Modification may be requested through use of a Modification Short Form Application, Form No. LEG-R.035.02 LEG-R.035.01 (EFFECTIVE DATE), incorporated herein by reference and available at any District office or through the District’s website at www.WaterMatters.org. A Modification Short Form Application may be submitted, provided the annual average quantities will not increase by more than 100,000 gpd or more than 10% of the total permitted quantity, the use of the water will not change, the modification does not cause the total annual average quantities to equal or exceed 500,000 gpd, the proposed changes would not cause impacts beyond those considered in the initial permit and is not a request to extend a permit term unless pursuant to subsection 40D-2.321(5), F.A.C. Within the SWUCA, except to reactivate standby quantities as provided in Section 2.2.4 of the WUP Applicant’s Handbook, a Modification Short Form Application shall not be used for modifications that include a request to Self-Relocate or to increase water withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level.
A Modification Short Form may be submitted to modify the permit to include or remove a project funded pursuant to Chapter 40D-26, F.A.C., and, if requested by permittee, extend the term of the permit for twenty years. The District shall not reduce permitted quantities conserved by the project funded pursuant to Chapter 40D-26, F.A.C., as long as the permittee operates the project and the conditions for issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C., are met.
(3) No change.
Subsection (1) of Rule 40D-2.351, F.A.C., Transfer of Permits, is revised as follows:
(1) Notwithstanding the provisions of Rule 40D-1.6105, F.A.C., persons who wish to continue an existing, permitted water use and who have acquired ownership or legal control of permitted water withdrawal 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 water withdrawal facilities or such land. The applicant shall request such transfer using the “Application to Transfer a Water Use Permit,” Form No. LEG-R. 002.005 (EFFECTIVE DATE) (HYPERLINK) 002.04 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01669), incorporated herein by reference. Copies of the form can be obtained from the District’s website at www.WaterMatters.org or from District offices. The District will transfer the permit provided all aspects of the permit except for ownership remain the same. All terms and conditions of the permit shall become binding on the transferee.
Subsection (3) of Rule 40D-2.381, F.A.C., Standard Permit Conditions, is revised as follows:
(1) through (2) No change.
(3) Every WUP acquired under this Chapter shall include the following standard conditions which impose certain limitations on the permitted water withdrawal:
(a) All withdrawals authorized by this WUP shall be implemented as conditioned by this permit, including any documents submitted as part of the permit application incorporated by reference in a permit condition. This permit is subject to review and modification, enforcement action, or revocation, in whole or in part, 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. In addition, the District may modify this permit to address the noncompliance.
(b) through (d) No change.
(e) With advance notice to the Permittee, District staff with proper identification shall have permission to enter, inspect, collect samples, take measurements, observe permitted and related facilities, and collect and document any information deemed necessary to determine compliance with the approved plans, specifications and conditions of this permit. The Permittee shall either accompany District staff onto the property or make provision for access onto the property. The District shall collect water samples from any withdrawal point listed in the permit or shall require the Permittee to submit water samples when the District determines there is a potential for adverse impacts to water quality.
(f) through (q) No change.
(4) No change.
There are also proposed changes to forms and the proposed Water Use Permit Applicant’s Handbook Part B, which include: 1) incorporation of rule citation on forms; 2) inclusion of rule citations that incorporate specific forms; 3) clarification that there are specific additional requirements in SWFWMD’s water use caution areas; 4) clarification of when additional information is required when proposed withdrawals cause or may cause impacts; 5) clarification that SWFWMD uses estimates calculated by IFAS with the Applicant having the ability to use other sources; and 3) correct statutory citations, grammar and paragraph numbering.
