In 2012 through mid-2014, the St. Johns River Water Management District (District), along with the Florida Department of Environmental Protection and other water management districts, engaged in statewide rulemaking to increase consistency in the ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-2.041Permits Required

40C-2.042General Permit by Rule

40C-2.101Publications Incorporated by Reference

40C-2.331Modification of Permits

40C-2.381Permit Limiting Conditions

40C-2.900Forms and Instructions

PURPOSE AND EFFECT: In 2012 through mid-2014, the St. Johns River Water Management District (District), along with the Florida Department of Environmental Protection and other water management districts, engaged in statewide rulemaking to increase consistency in the consumptive use permit (CUP) programs. That rulemaking was commonly referred to as the “CUPcon” rulemaking. The purpose and effect of the new proposed amendments to rules in Chapter 40C-2, F.A.C., will be to: (1) clean up minor “glitches” inadvertently created during the CUPcon rulemaking; (2) clarify existing rules; (3) create additional streamlining; and (4) reduce regulatory burdens while protecting water resources.

SUMMARY: The amendments to 40C-2.041(3) will clarify the consumptive use permit (CUP) threshold. The amendments to 40C-2.042 will: (1) expand the activities that can be authorized under a free general permit by rule (GPR) by allowing a GPR for certain telescoping wells that would otherwise require a formal CUP, creating a new related notice form, and incorporating by reference State of Florida Well Completion Report Form Number 62-532.900(2); (2) create a new GPR in 40C-2.042(11) for certain aquifer performance tests (APTs) that will not exceed 60 days; (3) create a new GPR in 40C-2.042(12) for certain heating and cooling (HVAC) systems; (4) clarify the GPR in 40C-2.042(1)(m) for closed-loop geothermal wells in light of the new HVAC system GPR; (5) clarify the irrigation zone for new plantings for the irrigation GPR in 40C-2.042(1); (6) reduce the regulatory burden of the dewatering GPR in 40C-2.042(9) by removing requirements from both the Notice to District of Dewatering form (Form 40C-2.900(12)) and the limiting conditions in Appendix I of the Applicant’s Handbook, Consumptive Uses of Water (AH) that is incorporated by reference in 40C-2.101(1)(a), which are no longer needed for water resource protection; and (7) revise the environmental restoration/enhancement GPR in 40C-2.042(10) to reflect changes to the funding source. The amendments to 40C-2.331 will (1) create a new modification by letter (letter mod) to allow combining multiple CUPs into one permit through a letter mod; (2) create a new letter mod to allow adding a withdrawal point from a man-made surface water system; and (3) clarify that relocation of a withdrawal point has to have equal or less designed pumping capacity. The amendment to subsection 40C-2.381(2), F.A.C. will (1) delete a permit limiting condition on water quality that no longer applies to all permittees; (2) create a more focused special condition in Section 5.2, AH, for water quality; and (3) create a special condition in Section 5.2, AH, for water uses that rely on the issuance of an environmental resource permit (ERP) to meet the water quality criterion of paragraph 40C-2.301(2)(h), F.A.C. Amendments to Rules 40C-2.101 and 40C-2.900, F.A.C. will streamline the processing of CUP applications by: (1) creating a voluntary form (Form 40C-2.900(15)) and process to facilitate permit transfer to a new owner/controller; (2) create a new form (Form 40C-2.900(14)) and process to allow voluntary cancellation of a CUP; and (3) delete a permit duration limit in Section 1.5.3, AH, on secondary use permits and create a related special condition in Section 5.2, AH, that will streamline the processing of secondary use applications. The amendments to Rule 40C-2.101, F.A.C. and the Applicant’s Handbook (AH) will: (1) create a definition of “reuse utility” in Section 1.1, AH; (2) revise Section 2.2.2.5.1.B, AH, to more closely follow the final version of the CUPcon public supply water conservation language; (3) clarify the CUP thresholds (in Rule 40C-2.041, F.A.C. and Sections 1.4.5.5.1 and 1.4.5.5.3); (4) delete references to “visqueen” in 40C-2.051 and the Applicant’s Handbook; and (5) make conforming changes, corrections, and clarifications throughout.

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?” form and summary and the analysis 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, 373.171 FS.

LAW IMPLEMENTED: 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.243, 373.246, 373.250 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: During the regularly scheduled Governing Board Meeting on July 14, 2015, which begins immediately following the Regulatory Committee Meeting that begins at 11:00 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, [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: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-2.041 Permits Required.

(1) through (2) No change.

(3) Uses equal to or less than 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.

(4) through (7) No change.

Rulemaking 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, 8-14-14,__________.

 

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), (11), and (12), 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, F.A.C. Additionally, for wells that meet or exceed the six inch diameter threshold of paragraph 40C-2.041(1)(d), F.A.C., but part  of the permanent water bearing casing below ground is less than six inches (i.e., a telescoping well or a continuous cased well that is reduced in size below ground with a concentric reducer), such wells can be utilized under a general permit by rule provided the water use qualifies under a subsection of this rule, the use will not meet or exceed any threshold in paragraphs 40C-2.041(1)(a)-(c), F.A.C., and no withdrawal begins until after a complete Form 40C-2.900(13) or Form Number 62-532.900(2), State of Florida Well Completion Report, is submitted to the District. Notice of Water Use From Telescoping Well, Form Number 40C-2.900(13), 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. State of Florida Well Completion Report, Form Number 62-532.900(2), effective date October 7, 2010, 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.

(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 (c) No change.

(d) Irrigation is allowed at any time of day for one 30-day period following planting of agricultural crops or nursery stock, provided that the irrigation is limited to the minimum amount necessary for crop or plant establishment. Irrigation of newly planted, seeded or sprigged cemeteries, golf course greens, tees, fairways and primary roughs, and recreational areas such as playgrounds, football, baseball and soccer fields is allowed at any time of day for one 60-day period. An entire irrigation zone may be watered under this paragraph only if new plantings or landscaping comprise at least 50 percent of that zone. If new plantings or landscaping comprise less than 50 percent of an irrigation zone, only the new plantings or lanscaping can be watered under this paragraph.

(e) through (l) No change.

(m) Discharge of water from a water-to-air air conditioning unit or other water dependent cooling system constructed before August 14, 2014, 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 August 14, 2014, is not authorized under this rule, unless the discharge is returned directly to the same aquifer from which it is withdrawn.

(2) 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} August 14, 2014, is hereby incorporated by reference and available at {insert URL} http://www.flrules.org/Gateway/reference.asp?No=Ref-04433 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) through (b) No change.

(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., or through the Land Acquisition Trust Fund pursuant to Article X, Section 28 of the Florida Constitution, or through any successor trust fund.

(11) The Governing Board hereby grants a general permit by rule to each person located within the District to withdraw groundwater for aquifer performance tests (APT), when an APT is requested in writing by District staff, required by permit condition, or is part of an alternative water source investigation, provided the following conditions are met:

(a) The use does not meet or exceed the threshold of paragraph 40C-2.041(1)(a), F.A.C.;

(b) The use meets the conditions for issuance in Rule 40C-2.301, F.A.C.;

(c) The use will not exceed 60 days; and

(d) The pumping and discharge will be performed in accordance with an aquifer performance test plan approved in writing by District staff.

(12) The Governing Board hereby grants a general permit by rule to each person located within the District to withdraw groundwater for heating and cooling (HVAC), provided the following conditions are met:

(a) The use will not meet or exceed any threshold in paragraphs 40C-2.041(1)(a)-(c), F.A.C.;

(b) The discharge water is returned directly to the same aquifer from which it is withdrawn;

(c) The discharge or injection has been permitted by the Department of Environmental Protection under Chapter 403, F.S., or is exempt from such permitting; and

(d) The water has no contact or mixing with other water sources, additives, or chemicals.

Rulemaking 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, 8-14-14,________.

 

40C-2.051 Exemptions.

No permit shall be required under the provisions of this chapter for the following water uses:

(1) through (6) No change.

(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. If the discharge is to be to a drainage system, the water shall be piped directly into the drainage structure, if possible; but if the discharge is through a swale or overland to a structure or water body, the path of discharge shall be lined with visqueen plastic sheeting, sod or hay bales appropriately, to prevent a turbid discharge to the structure or water body.

2. and 3. No change.

(8) through (11) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.216, 373.219, 373.250, 403.511 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, 8-14-14,_______.

 

40C-2.101 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a) Parts I (insert URLhttp://www.flrules.org/Gateway/reference.asp?No=Ref-04442) subsections 62-40.416(7)-(8), F.A.C., effective effective date August 14, 2014, in Appendix G (http://www.flrules.org/Gateway/reference.asp?No=Ref-04443), and Limiting Conditions for subsection 40C-2.042(9), F.A.C., Dewatering General Permits by Rule in Appendix I (insert URL http://www.flrules.org/Gateway/reference.asp?No=Ref-04444) of the document entitled “Applicant’s Handbook, Consumptive Uses of Water”, effective effective date August 14, 2014. 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) No change.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.17, 373.227(5) 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, 8-14-14,_________.

 

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) through (b) No change.

(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. No change.

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

a. through b. No change.

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

d. Increases in allocation due to combining multiple permits into one permit, without increasing the duration or changing the distribution of the allocation of any of the permits except as allowed by other provisions of this paragraph;

3. through 4. No change.

5. Requests to add withdrawal points, unless the addition:

a. Iis for a well only for backup-allocation purposes to increase the permittee’s ability to meet peak demands, or

b. Is for the use of water from a man-made surface water management system;

6. No change.

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

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

b. 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, and the total designed pumping withdrawal capacity of the relocated or replacement well is less than or equal to the designed pumping withdrawal capacity of the proposed or existing well that was authorized under the consumptive use permit.

(2) through (3) No change.

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, 8-14-14,__________.

 

40C-2.381 Permit Limiting Conditions.

(1) No change.

(2)(a) The Governing Board hereby determines and finds that the inclusion of the following standard limiting conditions on 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:

1. through 12. No change.

13. The permittee’s consumptive use of water as authorized by the permit shall not cause or contribute to a violation of state water quality standards (existing at the time of permit issuance) in receiving waters of the state, as set forth in Chapters 62-3, 62-4, 62-302, 62-520 and 62-550, F.A.C., including any anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3) and Rule 62-302.300, F.A.C., and any special standards for Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C. If violations occur, the District shall revoke the permit, in whole or in part, to curtail or abate the violations, unless the violations associated with the permittee’s consumptive use of water are mitigated by the permittee pursuant to a District-approved plan.

14. through 16. Renumbered as 13. through 15. No change.

(b) No change.

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, 8-14-14,______.

 

40C-2.900 Forms and Instructions.

(1) Consumptive Use Permit Application, Form Number 40C-2-900(1), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04416. This form is referenced in subsection 40C-2.041(4), paragraphs 40C-2.042(2)(c) and 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 August 14, 2014), which is incorporated by reference in paragraph 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) through (g) No change.

(2) Consumptive Use Permit Minor Individual Supplemental Form, Form Number 40C-2.900(2), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04424. 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 August 14, 2014), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(3) Consumptive Use Permit Application for Landscape Irrigation for One Additional Day Per Week, Form Number 40C-2.900(3), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04425. This form is referenced in paragraphs 40C-2.042(2)(c) and 40C-2.331(1)(a), F.A.C., and in Sections 1.4.3.3(b), 1.4.4.2, and 1.4.5.1(c) of the “Applicant’s Handbook, Consumptive Uses of Water” (effective August 14, 2014), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(4) Water Use/Pumpage Report Form (EN-50), Form Number 40C-2.900(4), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04426. This form is referenced in Section 4.2.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective August 14, 2014), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(5) Flow Meter Accuracy Report Form (EN-51), Form Number 40C-2.900(5), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04427. This form is referenced in Section 4.2.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective August 14, 2014), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(6) Annual Statement of Continuing Use, Form Number 40C-2.900(6), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04428. This form is referenced in Section 4.2.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective August 14, 2014), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(7) Water Audit Form and Instructions, Form Number 40C-2.900(7), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04429. 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 August 14, 2014), 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 August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04430. This form is referenced in Section 4.2.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective August 14, 2014), 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, August 14, 2014 is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04431. This form is referenced in Section 2.2.5.5.4 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective August 14, 2014), 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 August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04432. This form is referenced in Section 2.2.5.5.5 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective August 14, 2014), 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 August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04434. This form is referenced in Section 5.2.1(e) of the “Applicant’s Handbook, Consumptive Uses of Water” (effective August 14, 2014), 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} August 14, 2014, is hereby incorporated by reference and available at {insert URL} http://www.flrules.org/Gateway/reference.asp?No=Ref-04433. 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 August 14, 2014), which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(13) Notice of Water Use From Telescoping Well, Form Number 40C-2.900(13), effective {effective date}, is hereby incorporated by reference and available at {insert URL}. This form is referenced in rule 40C-2.042, F.A.C.

(14) Voluntary Rescission of Consumptive Use Permit, Form Number 40C-2.900(14), effective {effective date}, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 1.4.3.3.5  of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(15) Consumptive Use Permit Transfer Request, Form Number 40C-2.900(15), effective {effective date}, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 1.4.3.2 of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

Renumber (13) as (16) 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, 8-14-14,_______.

 

Applicant’s Handbook, Consumptive Uses of Water

1.1 Definitions

(a) through (q) No change.

(r) Reuse Utility - A utility that produces reclaimed water or distributes reclaimed water to end users and includes other reclaimed water facilities.

(r) Re-lettered as (s) No change.

(t)(s) Secondary Use – A consumptive use of water by an entity, separate from water supplier (see definition in paragraph (aa)(z) below), whose use of water is supplied in whole or in part by a water supplier where the use of such water was not reviewed for consistency with the criterion in 3.10 and the applicable requirements contained in 2.3(a), (b), (c), (e), (f)4. and (h) as part of the consumptive use permit application for the water supplier.

(t) through (cc) Re-lettered as (u) through (dd) No change.

1.4.3.2 Transfers

The permittee shall notify the District 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 from which the permitted consumptive use is made. Where permittee’s control of the land subject to the permit was demonstrated though 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 are subject to the requirements of Rule 40C-1.612, F.A.C., including the information required by Subsection 40C-1.612(1). A permit transfer request may be made filling out District Form Number 40C-2.900(15) (Consumptive Use Permit Transfer Request). (See Appendix E). While filling out Form Number 40C-2.900(15) is optional, it will help facilitate review of the transfer request. Upon receipt of a completed Consumptive Use Permit Transfer Request form, the District shall approve the permit transfer unless it determines the proposed permittee has failed to provide reasonable assurance that it qualifies to be a permittee or that it can meet the permit conditions. Alternatively, the permittee may surrender the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit.

See Section 1.4.7.2 for information regarding evaluation criteria which will be applied to transfer of a permit. See Section 1.4.3.3.5 for information regarding the procedure for voluntary rescission of a permit.

1.4.3.3 Modification of Permits

(a) A request for modification of a valid permit may be made by submitting a letter or an application form, as set forth in Subsection 1.4.3.3. Many permit modifications may be requested by submittal of a letter; however, the following permit modifications are specifically excluded from the letter modification process:

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

a. and b. No change.

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

a. and b. No change.

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

d. Increases in allocation due to combining multiple permits into one permit (e.g., combining a 1 MGD permit and a 2 MGD permit into a single 3 MGD permit), without increasing the duration or changing the distribution of the allocation of any of the permits except as allowed by other provisions of this paragraph;

3. and 4. No change.

5. Requests to add withdrawal points, unless the addition:

a. Iis for a well only for backup-allocation purposes to increase the permittee’s ability to meet peak demands, or

b. Is for the use of water from a man-made surface water management system;

6. No change.

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

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

b. 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, and the total designed pumping withdrawal capacity of the relocated or replacement well is less than or equal to the designed pumping withdrawal capacity of the proposed or existing well that was authorized under the consumptive use permit.

(b) No change.

1.4.3.3.5Procedure for Voluntary Rescission of Permit

District staff is authorized to administratively cancel a permit when the permittee, or permittee’s authorized agent, surrenders the consumptive use permit to the District, thereby relinquishing the right to use water under that permit. Permit rescission shall be requested using District Form Number 40C-2.900(14) (Voluntary Rescission of Consumptive Use Permit). (See Appendix E) A permittee surrendering a permit shall ensure that all ground water wells have been either properly capped or plugged and abandoned according to subsection 40C-3.521(2), F.A.C., and that all surface water withdrawal points have been dismantled.

1.4.5.5 Staff-issued Individual Permits

1.4.5.5.1 District staff may issue individual permits which meet the following requirements:

(a) The proposed consumptive use must be equal to or less than not exceed 500,000 gallons per day on an average annual basis.

(b) through (c) No change.

1.4.5.5.2 No change.

1.4.5.5.3 If, upon District staff review, one of the following factors is present, an individual permit shall be reviewed by the Board:

(a) The proposed consumptive use is greater than exceeds 500,000 gallons per day on an average annual basis; or

(b) through (c) No change.

1.5.3 Special Durations Factors:

The following factors shall be considered and balanced in determining whether the permit shall be given a duration other than as specified in Subsection 1.5.2(a):

(a) Whether the permit is for a secondary use as defined in Section 1.4.2.2.  The District shall seek to:

1. Assign the initial consumptive use permit required under 1.4.2.1 (secondary use) the same expiration date as specified in the consumptive use permit issued for the water supplier. However, when there do not appear to be significant water resource or interference concerns associated with the water supplier’s permit, then the District can issue a longer duration permit with a condition that is substantially similar to the special condition in section 5.2(h).

2. No change.

3. Assign an applicant within a water supplier/secondary use group who completes a renewal application for a consumptive use permit at a later time, the same expiration date as was assigned to the previously issued consumptive use permit renewals within the same water supplier/secondary use(s) group. However, when there do not appear to be significant water resource or interference concerns associated with the water supplier’s permit, then the District can issue a longer duration permit with a condition that is substantially similar to the special condition in section 5.2(h).

(b) through (k) No change.

2.2.2.5 Public Supply Water Conservation Plan

2.2.2.5.1 Public Supply Water Conservation Requirements

No change.

2.2.2.5.1.A Standard Water Conservation Plan

No change.

2.2.2.5.1.B Goal-Based Water Conservation Plan

A public water supply applicant may propose a goal-based water conservation plan in lieu of a standard water conservation plan. A goal-based plan allows the applicant to demonstrate effective water conservation by selecting plan elements that are different from those in the standard water conservation plan, but which are appropriate to the applicant’s service area. A permittee operating under a standard conservation plan pursuant to this rule, or conservation plan required by a permit issued prior to August 14, 2014, may request to convert its current conservation plan to a goal-based plan through a letter modification under Subsection 1.4.3.3.1.

A goal-based water conservation plan prepared pursuant to Subsection 373.227(4), F.S., shall contain the following:

1. A water conservation public education program consistent with Section 2.2.2.5.1.A.1.;

2. A water loss reduction program, if water losses exceed 10%, consistent with Section 2.2.2.5.1.A.4.;

1.3. A description of water conservation measures selected for implementation based on the service area analysis, and an implementation schedule for each measure;

2.4. An explanation of why the alternative elements included in the goal-based plan are appropriate to achieve effective water conservation in the applicant’s service area if any of the five elements of the standard water conservation plan outdoor water use conservation program, rate structure designed to promote efficient use, or indoor water conservation program are not selected for inclusion in the goal-based plan.

If a public water supply utility provides reasonable assurance that the goal-based plan will achieve efficient water use by meeting the above criteria, the District shall consider the goal-based plan to achieve effective water conservation at least as well as a standard water conservation plan.

2.3 Reasonable-Beneficial Use Criteria

The following criteria must be met, on an individual and cumulative basis, for a consumptive use to be considered reasonable-beneficial:

(a) through (d) No change.

(e) Except when the use is for human food preparation or direct human consumption, the lowest acceptable quality water source must be utilized that is suitable for the purpose and is technically, economically, and environmentally feasible. To use a higher quality water source an applicant must demonstrate that the use of all lower quality water sources will either (1) not be suitable for the purpose, or (2) not be technically, economically, or environmentally 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. This criterion shall not be used to require the use of lower quality sources for direct human consumption or human food preparation. Entities using water for these purposes and also for other purposes, such as irrigation, must evaluate the feasibility of using lower quality sources for such other purposes. However, it is possible that the unavailability of higher quality sources may necessitate the development of lower quality sources in order to meet projected demands, including the demands resulting from direct human consumption and human food preparation needs.

When an applicant proposes to use surface water or groundwater and reclaimed water is readily available, reclaimed water must be used in place of higher quality water sources unless the applicant demonstrates that its use is economically, environmentally, or technologically infeasible.

In determining whether reclaimed water is readily available, the District will consider the following factors:

(1) through (4) No change.

(5) Applicants for withdrawals to be located within an area depicted by the District on its website as an area that is or may be served with reclaimed water by a reuse utility within five years from the date of application shall provide written documentation from the applicable reuse utility, addressing the availability of reclaimed water. The applicant shall request the reuse utility to provide a letter stating that reclaimed service is not available, or providing the following information:

1 through 5 No change.

(f) through (j) No change.

5.1 Standard Limiting Conditions

The Board hereby determines and finds that the inclusion of the following standard limiting conditions on permits issued under Chapter 40C-2, F.A.C., 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

(a) through (l) No change.

(m) The permittee’s consumptive use of water as authorized by the permit shall not cause or contribute to a violation of state water quality standards (existing at the time of permit issuance) in receiving waters of the state, as set forth in Chapters 62-3, 62-4, 62-302, 62-520, and 62-550, F.A.C.), including any anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C. If violations occur, the District shall revoke the permit, in whole or in part, to curtail or abate the violations, unless the violations associated with the permittee’s consumptive use of water are mitigated by the permittee pursuant to a District-approved plan.

(n) through (p) Re-lettered as (m) through (o) No change.

5.2 Special Conditions

In addition to the Standard Limiting Conditions (Section 5.1) listed above, the District may find that special conditions should be applied on a site-specific basis. The following are special conditions which the District may apply:

(a) through (e) No change.

(f) For those applications that do not rely on the issuance of a permit or certification under Chapter 403, F.S., or a permit under Part IV of Chapter 373, F.S., to meet Rule 40C-2.301(2)(h), F.A.C., the following special permit condition shall be included:

The permittee’s consumptive use of water as authorized by the permit shall not cause or contribute to a violation of state water quality standards in receiving waters of the state as set forth in Rule 40C-2.301(2)(h), F.A.C.  If violations occur, the District shall revoke the permit, in whole or in part, to curtail or abate the violations, unless the violations associated with the permittee’s consumptive use of water are mitigated by the permittee pursuant to a District-approved plan.

(g) For those applications that relied on the issuance of a permit under Part IV of Chapter 373, F.S., to meet Rule 40C-2.301(2)(h), F.A.C., the following special permit condition shall be included:

The permittee’s consumptive use as authorized by the permit shall be prohibited until after a permit under Part IV of Chapter 373, F.S., is issued and the portion of the system necessary to provide water quality treatment is constructed.

(h) For those applications for a secondary use that receive a longer duration permit than the remaining duration of the water supplier’s permit, the following special permit condition shall be included:

This permit will expire on _________, unless the consumptive use permit of permittee’s water supplier expires without renewal. In that event, this permit will expire on the same day as the consumptive use permit of permittee’s water supplier.

Appendix I

Limiting Conditions for Rule 40C-2.042(9) Dewatering General Permit by Rule

The general permit by rule for short-term construction dewatering under Rule 40C-2.042(9), F.A.C., shall be subject to the following limiting conditions:

1. This permit shall expire 190 days from the date a complete form 40C-2.900(12) is submitted to the District.  No dewatering may begin until 10 days after submittal of the complete form 40C-2.900(12). However, submittal of form 40C-2.900(12) 10 days before dewatering is not required when the dewatering is in response to an emergency situation involving a threat to public safety.  In such an emergency situation, notification on form 40C-2.900(12) shall be provided the next business day. Additionally, when the construction dewatering is authorized by the issuance of a permit or certification under Chapter 403, F.S., or a permit under Part IV of Chapter 373, F.S., and the dewatering withdrawals will not exceed any of the limitations in form 40C-2.900(12), then the user does not have to submit that form, condition 2 below will not apply, and this permit will instead expire 180 days from the date dewatering begins.

2. The permittee shall take turbidity readings once per week at all points of direct discharge into rivers, streams, or natural lakes. A direct discharge means a discharge which enters a river, stream or natural lake without an adequate opportunity for prior mixing and dilution to prevent significant degradation. A state certified laboratory must analyze the Ssamples must be collected from the backside of the appropriate turbidity barrier, and the results shall be submitted monthly to the nearest St. Johns River Water Management District office. The results must contain the following information that must be submitted at project completion:

a. through f. No change.

3. No change.

4. The permittee shall implement the following turbidity control measures, as appropriate, for any discharges off-site:

a. If the discharge is to be to a drainage system either pipe water directly into the drainage structure; or if the discharge will be through a swale, or overland, to a structure or water body, then the path of discharge shall be lined with visqueen plastic sheeting, sod, or hay bales appropriately to prevent a turbid discharge to the structure or water body.

b. and c. No change.

5. The permittee shall clearly identify all pumps with the District permit tracking number issued to the permittee. The permit tracking number shall be painted on the pump, or a metal embossed tag with the number must be attached to the pump.

6. and 7. Re-numbered as 5. and 6. No change.

 

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: May 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 13, 2015