40D-2.041. Permits Required

(1) The District issues two types of WUPs, a general WUP by rule issued pursuant to subsection (3) and an individual WUP issued pursuant to subsection (4). Unless expressly exempted by law or District rule, a WUP must be obtained from the District prior to any use, withdrawal or diversion of water.

(2) 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 40D-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits. This requirement to aggreate two or more properties shall not apply when the separate properties have existing individual 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) A general WUP by rule is hereby established for withdrawals of water listed below that do not meet or exceed any permitting threshold. The Governing Board hereby grants a General Permit by Rule for all non-exempt withdrawals of water within the District that satisfy the following criteria:

(a) The withdrawal of water if the following thresholds are met:

1. Total withdrawal capacity from any source or combined sources is less than 1,000,000 gpd annual average quantities;

2. Annual average quantities from any source or combined sources is less than 100,000 gpd;

3. Withdrawal is from a well having an outside diameter of less than 6 inches;

4. Withdrawal is from a surface water body and the outside diameter of the withdrawal pipe or the sum of the outside diameters of the withdrawal pipes is less than 4 inches;

5. The withdrawal is not located within the MIA;

6. Are consistent with requirements of any applicable mandatory reuse zones; and

7. Does not exceed any of the specific thresholds identified in subsection (3) of this rule.

(b) Temporary uses for contamination cleanup, provided that:

1. The United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, the State of Florida Department of Health and Rehabilitative Services and other agencies have been appropriately notified of the cleanup activity;

2. Well construction permits are obtained from the District, including an acceptable plan for abandonment of these wells; and

3. The quantities authorized do not exceed the quantities in subparagraphs 40D-2.041(3)(a)1. and 2., F.A.C.

(c) Temporary withdrawals from test wells, provided that an attendant testing program has been submitted to and approved by the District. A WUP must be obtained prior to converting a test well to a production well.

(d) Temporary dewatering for construction of buildings or other foundations and roadways or for installation of utility pipeline, cables, culverts, and catch basins.

(e) Water used strictly for fire fighting purposes.

The general permit by rule shall be subject to the standard conditions in Rule 40D-2.381, F.A.C., and any applicable special conditions for the use type.

(4) Unless expressly exempted by law or District rule, a WUP must be obtained from the District prior to any use, withdrawal, or diversion of water. An individual WUP must be obtained from the District prior to withdrawal of water if any of the following thresholds are met or exceeded:

(a) Total withdrawal capacity from any source or combined sources is greater than or equal to 1,000,000 gpd annual average quantities.

(b) Annual average quantities from any source or combined sources is greater than or equal to 100,000 gpd.

(c) Withdrawal is from a well having an outside diameter of 6 inches or greater at the surface.

(d) Withdrawal is from a surface water body and the outside diameter of the withdrawal pipe or the sum of the outside diameters of the withdrawal pipes is 4 inches or greater.

(e) In addition to the thresholds set forth in paragraphs (4)(a)-(d) above, a permit is required within the MIA as set forth in subparagraph 40D-2.801(3)(b)2., F.A.C., when withdrawal is from wells having a cumulative outside diameter greater than 6 inches at the surface, any of which wells is constructed after April 11, 1994. This paragraph (e) shall not apply to any proposed well less than 6 inches in diameter at the surface when it is of the same diameter or smaller than a well it replaces and an application to plug the replaced well in accordance with Rule 40D-3.531, F.A.C., is filed with the application to construct the replacement well in accordance with Rule 40D-3.041, F.A.C.

(5) WUP categories are based on the combined annual average quantities, defined as the total reasonable-beneficial water quantity necessary for the proposed water use, to be obtained during 1 year from ground water, surface water, alternative water supply, imported water or any other water source, divided by 365 days and expressed in gpd.

(6) Notwithstanding the criteria enumerated in subsection (3), an individual WUP is required for all withdrawals of water:

(a) When the use of water does not meet the criteria in subsection (3); or

(b) Evidence indicates the withdrawal is likely to cause adverse impacts to existing water or land uses or the water resources or the use is within an area that is experiencing or is projected to experience withdrawal-related adverse water resource or environmental impacts.

(7) Any person whose use otherwise meets the criteria for a general WUP as specified in subsection (3) may submit an application to obtain an individual WUP at their sole discretion.

(8) Upon the effective date of amendments defining WUPs as provided above, any permit issued which, as a result of such amendments, is thereafter defined as a different permit for which a higher fee is required shall be converted by the District to the applicable permit without any fee payment. If a submitted application for a permit is pending as of the effective date of amendments defining WUPs and, as result of such amendments, will be issued as a permit requiring a higher application fee payment, no additional fee payment shall be required in order for the application to be considered complete.

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.219, 373.223, 373.224, 373.226 FS. History–New 10-5-74, Amended 12-31-74, 10-24-76, 9-4-77, 10-16-78, Formerly 16J-2.04(1), (2), (4), (5), Amended 9-1-84, 11-4-84, 10-1-89, 2-10-93, 4-11-94, 1-1-07, 12-30-08, 5-17-09, 11-2-09, 6-16-11, 5-19-14.