13876934, 40E-2.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13876934

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

CONSUMPTIVE USE

Overview

RULE:

40E-2.011	Policy and Purpose
40E-2.041	Permits Required
40E-2.061	General Permits by Rule
40E-2.071	Noticed General Permits and Individual Permits
40E-2.091	Publications Incorporated by Reference
40E-2.101	Content of Application
40E-2.301	Conditions for Issuance of Permits
40E-2.321	Duration of Permit
40E-2.331	Modification of Permits
40E-2.381	Permit Conditions

PURPOSE:

The Florida Department of Environmental Protection (DEP) is leading a statewide effort (referred to as CUPCon) to improve consistency in the consumptive use permitting programs implemented by the water management districts (WMDs). The CUPCon goals include: 1) making the consumptive use permitting program less confusing for applicants; 2) treating applicants equitably statewide; 3) providing consistent protection of the environment; 4) streamlining the process; and 5) incentivizing behavior that protect water resources.

SUMMARY:

Specifically, the proposed amendments: 1) require a single noticed general permit for contiguous properties unless served by separate withdrawal facilities; 2) grant a general permit by rule for the use of water for cooling/heating systems, a use that previously required a water use permit; 3) set forth circumstances under which the water use would likely qualify for such a general permit as well as specify those criteria under which an applicant must apply for an individual permit; 4) replace old water use forms with new ones; 5) incorporate provisions from Chapter 40E-20, F.A.C.; 5) conform to the water Resource Implementation Rule on minimum flows and levels; 6) provide for modifications of permits by letter for certain types of projects or activities; and 7) facilitate implementation of the recent amendments to Section 373.236(5), F.S. 

In addition, the proposed amendments rename the “Basis of Review for Water Use Permit Applications Within the South Florida Water Management District” to “Water Use Permit Applicant’s Handbook For Use Within the South Florida Water Management District” and fulfill the goals of CUPCon to streamline the CUP application and compliance process as well as to make it easier for applicants/consultants that work in multiple WMD jurisdictions.  The Applicant’s Handbook will contain a consistent order of appearance as well as contain consistent criteria on several topics, such as water conservation and 10-year compliance reports.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171, F.S.

LAW:

373.042, 373.0421, 373.079, 373.083, 373.103(1), 373.109, 373.118, 373.196, 373.1501, 373.1502, 373.203, 373.216, 373.219, 373.223, 373.224, 373.229, 373.2295, 373.232, 373.233, 373.236, 373.239, 373.244, 373.249, 373.250, 373.470, F.S.

PRINT PUBLISH DATE:

12/10/2013 Vol. 39/238

COMMENTS:

From 12/10/2013 To 12/31/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-01564 0188-QMQ Quarterly Report of Withdrawals
Ref-01565 0188-QASR Quarterly Report of Injections and Withdrawals for Aquifer Storage and Recovery 9ASR) Wells
Ref-01566 0188 QMQF Quarterly Report of Withdrawals from Wells and Surface Water Pumps
Ref-01567 0188 QBWDR Quarterly Report of Bulk Water Delivered and Received
Ref-01568 0188 QMON Quarterly Report of Monitoring
Ref-01569 0188 QCROP Report of Planting and Harvest of Seasonal Crops
Ref-01570 0645-W01 Water Use Permit Application
Ref-01571 0645-G60 Table A Description of Wells
Ref-01572 0645-G61-1 Table B Description of Surface Water Pumps
Ref-01573 0645-G61-2 Table C Description of Culverts
Ref-01574 0645-G65 Table D Crop Information
Ref-01575 0645-G74 Table E Water Received From or Distributed To Other Entities
Ref-01576 0645-G69 Table F Past Water Use & Table G Projected Water Use
Ref-01577 0645-G70 Table H Projected Water Use
Ref-01578 0645-G71 Table I Water Treatment Method and Losses
Ref-01579 0645-G72 Table J Aquifer Storage and Recovery
Ref-01580 0645-G73 Table K Water Supply System Interconnections
Ref-01630 Basis of Review for Water Use Permit Applications within the South Florida Water Management District_09-2012
Ref-01683 INDIVIDUAL WATER USE PERMIT APPLICATION, FORM NO. LEG-R.029.01 (9/12)

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