13982179, 40D-2.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13982179

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.021	Definitions
40D-2.031	Implementation (Repealed)
40D-2.041	Permits Required
40D-2.051	Exemptions
40D-2.091	Publications and Forms Incorporated by Reference
40D-2.101	Content of Application
40D-2.301	Conditions for Issuance of Permits
40D-2.321	Duration of Permits
40D-2.331	Modification of Permits
40D-2.341	Revocation and Cancellation of Permits
40D-2.351	Transfer of Permits
40D-2.361	Renewal of Permits
40D-2.371	Ten Year Compliance Reporting
40D-2.381	Standard Permit Conditions
40D-2.401	Identification Tags
40D-2.501	Permit Use Types
40D-2.621	Water-Conserving Credits
40D-2.801	Water Use Caution Areas

PURPOSE:

To implement revisions related to the statewide effort by the Florida Department of Environmental Protection (DEP) and the five water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP), minimum flows and levels (MFLs), and water supply related programs of the WMDs.  Chapters 40D-1, 40D-2, 40D-8, 40D-20, 40D-21, and 40D-80, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual are being amended to (1) make the CUP rules less confusing for applicants; (2) treat applicants equitably statewide; (3) provide consistent protection of the environment; (4) streamline the application and permitting process; and (5) incentivize behavior that protects water resources, including water conservation.

SUMMARY:

The proposed amendments:  (1) eliminates several permit types resulting in only individual water use permits and general water use permits by rule; (2) reclassifies specified activities from exempt activities to activities authorized by a general permit by rule; (3) limits when the requirement that contiguous properties be served by a consolidated individual water use permit; (4) incorporates by reference new and revised applications and forms; (5) includes hyperlinks for forms; (6) deletes obsolete forms; (7)  incorporates the newly structured and revised Water Use Permit Information Manual Part B; (8) conforming changes to ensure that there are no increased regulatory requirements for those applicants now required to receive an individual permit; (9) conforming changes to reflect changes to chapter 40D-2 and the Water Use Permit Information Manual Part B; (10) revises conditions for issuance; (11) incorporates recent legislative changes; (12) clarifies the permit modification process and the appropriate applications to be used; (13) authorizes the extension of a permit expiration due date to demonstrable conservation savings; (14) provides provisions related to the 10 year compliance report and associated review; (15) incorporates new standard permitting conditions; (16) clarifies that designation of permit use types is only required for withdrawal quantities authorized by an individual permit; (17) creates two new permit use types; (18) conforms rules to the water Resource Implementation Rule on minimum flows and levels; (19) provides for modifications of permits by letter for certain types of projects or activities; (20) deletes obsolete and duplicative provisions; and (21) makes conforming, technical and clarifying changes. 

In addition, the proposed amendments renames SWFWMD’s “Water Use Permit Information Manual Part B” to the “Water Use Permit Applicant’s Handbook Part B” and contains a consistent order of appearance as well as contain consistent criteria on several topics.  The Applicant’s Handbook also includes the following revisions: (1) inclusion of an extension of the permit duration if conservation measures outlined in the Conservation Plan are achieved; (2) conformity of provisions related to changes made in chapters 62-40 and 40D-2; (3) a table of contents; (4) deletion of duplicative provisions; (5) deletion of obsolete provisions; (6) clarification regarding whether conservation credits may be relocated; (7) allowance for new conservation credit calculations at time of permit renewal; (8) terminology and  technical revisions.

RULEMAKING AUTHORITY:

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

LAW:

373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.229, 373.236, 373.239, 373.243, 373.227, 373.103, 373.203, 373.216, and 373.250, F.S.

PRINT PUBLISH DATE:

12/26/2013 Vol. 39/248

COMMENTS:

From 12/26/2013 To 1/16/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-00283 Water Use Permit Application Supplemental Form - Agriculture, Form No. LEG-R.030.01 (12/10)
Ref-00286 Dover/Plant City Water Use Caution Area Supplemental Form - Form No. LEG-R.050.00 (12/10)
Ref-00287 Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area - Form No. LEG-R.051.00 (12/10)
Ref-00742 SWFWMD Dover/Plant City Water Use Caution Area Supplemental Form LEG-R.050.01 (08/11)
Ref-01672 SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.007.02 (9/12)
Ref-01674 NET BENEFIT SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.010.01 (9/12)
Ref-01675 SOUTHERN WATER USE CAUTION AREA GROUND WATER REPLACEMENT CREDIT APPLICATION, FORM NO. LEG-R.011.02 (9/12)
Ref-01681 SMALL GENERAL WATER USE PERMIT APPLICATION, FORM NO. LEG-R.027.01 (9/12)
Ref-01682 GENERAL WATER USE PERMIT APPLICATION, FORM NO. LEG-R.028.01 (9/12)
Ref-01683 INDIVIDUAL WATER USE PERMIT APPLICATION, FORM NO. LEG-R.029.01 (9/12)
Ref-01684 WATER USE PERMIT APPLICATION - MINING AND DEWATERING MATERIALS OTHER THAN PHOSPHATE, FORM NO. LEG-R.048.01 (9/12)
Ref-01687 APPLICATION TO RENEW A SMALL GENERAL WATER USE PERMIT FOR AGRICULTURAL USE, FORM NO. LEG-R.036.01 (9/12)
Ref-02196 WATER USE PERMIT INFORMATION MANUAL PART B, BASIS OF REVIEW FOR WATER USE PERMIT APPLICATIONS (also referred to as the WUP Basis of Review) (01/13).
Ref-02198 Flow Meter Pre-Installation Information Work Sheet
Ref-02199 Flow Meter Post-Installation Reimbursement Form

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