Summary
Specifically, the proposed rule amendments will: (1) amend 40C-2.031 by updating references to the Applicant’s Handbook, Consumptive Uses of Water (A.H.), which is incorporated by reference in 40C-2.101(1)(a); (2) amend 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 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 40C-2.101 by incorporating the newly updated and reorganized Applicant’s Handbook (A.H.) (which is described further below) and rules 62-40.416(7)-(8), F.A.C. (regarding reuse impact offsets and substitution credits); (6) amend 40C-2.301 by revising the conditions for issuance; (7) amend 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 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 40C-2.351 and 40C-2.361 by clarifying rule references; (10) amend 40C-2.381 by applying new standard permitting conditions, clarifying conditions, and updating references to the A.H.; (11) amend 40C-2.501(3) by revising and updating the water source types; (12) amend 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 Rule 62-40.416(7)-(9), F.A.C.; (3) deletion of duplicate and obsolete provisions; and (4) terminology and technical revisions.