6799814, 40D-2.041 - Florida Administrative Rules, Law, Code, Register

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Notice: 6799814

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.041

Permits Required

PURPOSE:

The District proposes to make further refinements in the definitions of General and Small General Water Use Permits (WUPs) set forth in Rule 40D-2.041, F.A.C., which was recently amended. General WUPs are issued for combined annual average daily water demands of less than 500,000 gallons per day (gpd) but greater than or equal to 100,000 gpd. Recent amendments elevated certain water demands of less than 100,000 gpd (formerly categorized as Small General WUPs) to the General WUP category, which amendments included defining all permits with surface water withdrawals less than 100,000 gpd as a General WUP. The proposed amendments will clarify that for permits authorizing surface water withdrawals, only those for which the primary source is a surface water and the combined annual average daily water demand is at least 50,000 gpd will be categorized as General Permits. The General WUP category is also amended to include permits with annual average water demands of less than 100,000 gpd when the maximum daily withdrawal quantity equals or exceeds 3,000,000 gpd for crop protection or other use unless at least one permitted withdrawal facility is located within the Dover-Plant City area of Hillsborough County. In that specific area, WUPs authorizing less than 100,000 gpd will be elevated to the General WUP category if the maximum daily withdrawal quantity for crop protection or other use equals or exceeds 1,000,000 gpd. This is to due to the concentration of agricultural water use in that specific area, primarily for strawberries, which require significant crop protection withdrawals during the winter growing season. The effect of these amendments is to limit the Small General WUP category to those combined annual average water demands of less than 100,000 gpd that require only minimal staff evaluation, due to little-to-no impact upon the water resources.

SUMMARY:

Rule 40D-2.041, F.A.C., is amended to revise the definition of a General Water Use Permit when the combined annual average daily demand is less than 100,000 gpd. A permit authorizing a surface water withdrawal will be categorized as a general permit only if the primary withdrawal source is a surface water and only if the combined annual average daily water demand is at least 50,000 gpd. Amendments also provide that a general WUP will be issued for combined annual average daily water demands of less than 100,000 gpd if the maximum daily withdrawal quantity equals or exceeds 3 million gpd for crop protection or other use unless located within the Dover-Plant City area of Hillsborough County, in which case the permit will be issued as a General WUP if the maximum daily withdrawal quantity is 1 million gpd or more.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS.

LAW:

373.219, 373.223, 373.224, 373.226 FS.

PRINT PUBLISH DATE:

2/20/2009 Vol. 35/07

COMMENTS:

From 2/20/2009 To 3/13/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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