16000361, 40C-2.041 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16000361

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

PERMITTING OF CONSUMPTIVE USES OF WATER

Overview

RULE:

40C-2.041	Permits Required
40C-2.042	General Permit by Rule
40C-2.101	Publications Incorporated by Reference
40C-2.331	Modification of Permits
40C-2.381	Permit Limiting Conditions
40C-2.900	Forms and Instructions

PURPOSE:

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 40C-2.381(2) 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 40C-2.301(2)(h).  Amendments to 40C-2.101 and 40C-2.900 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 40C-2.101 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 40C-2.041 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.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171, FS.

LAW:

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

PRINT PUBLISH DATE:

5/19/2015 Vol. 41/97

COMMENTS:

From 5/19/2015 To 6/9/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

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