8095443, 40D-80.073 - Florida Administrative Rules, Law, Code, Register

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Notice: 8095443

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

- RECOVERY AND PREVENTION STRATEGIES FOR MINIMUM FLOWS AND LEVELS

Overview

RULE:

40D-80.073

Hillsborough River Recovery Strategy

PURPOSE:

To amend Chapter 40D-80, F.A.C., to establish the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan is proposed to govern through 2020 the recovery and mitigation actions to be undertaken by water use permit applicants and permittees with withdrawals that adversely impact lakes, wetlands, streams, springs and aquifers within the Northern Tampa Bay Water Use Caution Area.

SUMMARY:

The proposed amendments set forth the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan addresses water use permittees and applicants whose withdrawals are located within the Northern Tampa Bay Water Use Caution Area (“NTBWUCA”) through the year 2020. Existing rules are extended and expanded beyond the existing 2010 termination to provide for all water use permittees, except Tampa Bay Water, consideration of certain factors in determining the permittee’s responsibility to implement measures to reduce unacceptable adverse impacts to Minimum Flows and Levels and other environmental features. Comprehensive Plan amendments relating to Tampa Bay Water include: that a renewal of the Consolidated Permit is limited to 10 years (through 2020) for not more than 90 MGD; a provision for a temporary exceedance of 90 MGD during extreme drought; continue use of an Operations Plan that optimizes Central System Facilities to minimize environmental stress in the wellfield area; continuation of the use of Floridan Aquifer Recovery Management Levels as long-term guidelines for allocating groundwater withdrawals within the Operations Plan; implementation of an Environmental Management Plan for the environmental monitoring of groundwater impacts, continuation of ongoing Phase 1 Mitigation feasibility and implementation of projects for identified sites; a provision for implementation of a Consolidated Permit Recovery Assessment Plan to evaluate recovery and identify potential options to address remaining impacts; and water conservation reporting by TBW/Member Governments. The existing provision limiting new permitted quantities to those that contribute to the attainment of the objective of the existing recovery strategy that expires in 2010 is now applicable to the Comprehensive Plan. The amendments provide that progress toward attainment of the objective of the Comprehensive Plan will be evaluated in 2020 when developing a strategy for the second renewal of the Consolidated Permit and a third phase of the Comprehensive Plan.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171 FS

LAW:

373.036, 373.0361, 373.171, 373, 373.0421, 373.0831, 373.1963 FS.

PRINT PUBLISH DATE:

12/31/2009 Vol. 35/52

COMMENTS:

From 12/31/2009 To 1/21/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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