40C-2.101: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments will be to specify the kinds of information required for a consumptive use permit applicant to document the availability of reclaimed water for the applicant’s use, as part of the applicant’s evaluation of the feasibility of using reclaimed water from the reuse utility providing the information.
SUMMARY: The proposed amendments satisfy the legislative mandate of subsection 373.250(3), F.S., that each water management district implement paragraphs 373.250(3)(c) and (d), F.S., through rulemaking. Paragraph 373.250(3)(c), F.S., requires certain permit applicants for a consumptive use of water to provide (as part of their reclaimed water feasibility evaluation) written documentation from a provider of reclaimed water (“the reuse utility”) addressing the availability of reclaimed water to the applicant. The documentation requirement of paragraph (c) applies only for an applicant whose proposed use lies within an area that is served with reclaimed water by a reuse utility or will be so served within five years, as determined by the reuse utility and provided to the district. As required by paragraph 373.250(3)(d), F.S., the proposed rule amendments would specify the content of the documentation required in paragraph (c) on the availability and costs associated with the connection to and the use of reclaimed water, to facilitate the permit applicant’s evaluation of the feasibility of using reclaimed water from the reuse utility providing the information. All the substantive amendments would appear in subsection 10.3(f) of the Applicant’s Handbook for consumptive use permits. The proposed amendment to Rule 40C-2.101, F.A.C., would revise the date of the adopted version of the Handbook, coinciding with the date on which the rule amendments would take effect.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed the “Is a SERC Required?” form for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) and prepared a summary of the proposed rule amendments, which are both available on request. Based on that completed form and the summary and analysis performed by the District’s economist, the proposed rule amendments are not expected to require legislative ratification under subsection 120.541(3), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.250(3) FS.
LAW IMPLEMENTED: 373.250(3)(c)-(d) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on August 14, 2012, which begins immediately following the Regulatory Committee Meeting that begins at 10:00 a.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: the District Clerk at (386)329-4127. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)326-3026, email wgaylord@sjrwmd.com
THE FULL TEXT OF THE PROPOSED RULE IS:
40C-2.101 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference parts I, II, and III, the “Water Conservation Public Supply” requirements in Appendix I, and “Legal Description of the Central Florida Coordination Area of the St. Johns River Water Management District” in Appendix L of the document entitled “Applicant’s Handbook, Consumptive Uses of Water,” (effective date) 12-27-10. The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions that pertain to the District’s administration of the consumptive use permitting program.
(2) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.073, 373.079, 373.083, 373.103, 373.109, 373.196, 373.219, 373.223, 373.229, 373.233, 373.236, 373.239, 373.250, 373.62 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06, 2-13-08, 8-12-08, 3-8-09, 12-27-10,_________.
APPLICANT’S HANDBOOK SECTIONS
10.3 Reasonable-Bbeneficial Use Criteria
(a) through (e) No change.
(f) When reclaimed water is readily available it must be used in place of higher quality sources unless the applicant demonstrates that its use is either not economically, environmentally, or technologically infeasible.
In determining whether reclaimed water is readily available, the District will consider the following factors:
(1) through (3) No change.
(4) Any other relevant information, including the documentation required in paragraph 5 immediately below.
(5) Applicants for withdrawals to be located within an area depicted by the District on its website as an area that is or may be served with reclaimed water by a reuse utility within five years from the date of application shall provide written documentation from the applicable reuse utility, addressing the availability of reclaimed water. The applicant shall request the reuse utility to provide a letter stating that reclaimed service is not available, or providing the following information:
1) Whether a reclaimed water distribution line is at the applicant’s property boundary. If not, provide the following:
a) An estimate of the distance in feet from the applicant’s property to the nearest potential connection point to a reuse line.
b) The date the reuse utility anticipates bringing the connection to the applicant’s property boundary.
2) If reclaimed water is available at the property boundary:
a) The peak, minimum, and annual average daily quantity in gallons per day of reclaimed water supply available from the nearest potential connection point, as well as expected average monthly quantities.
b) The reliability of the potential reclaimed water supply (i.e., on-demand 24/7, or bulk-interruptible diurnal or seasonal, length of supply agreement, or other basis).
c) The typical operating pressures at which the reuse utility will provide reclaimed water at the nearest connection point to the applicant’s property, including any typical seasonal or other fluctuations in the operating pressure.
3) All costs associated with the applicant’s use of reclaimed water:
a) The reclaimed water rate or rates the reuse utility would charge the applicant (e.g., the cost per 1000 gallons) and any other periodic fixed or minimum charges for use of reclaimed water by the applicant.
b) Any other one-time charges for the connection to the reuse.
c) Whether the reuse utility helps fund potential reclaimed customers’ costs to connect to the reclaimed line or convert its operation to use reclaimed water.
4) The water quality parameters of the reclaimed water for the constituents that the applicant identifies as pertinent to the intended use.
5) Any additional information the reuse utility thinks the applicant should consider in evaluating the economic, environmental, or technical feasibility of its using reclaimed water, including any reclaimed water availability charges the reuse utility would impose if the applicant chose not to connect to the reclaimed water system.
If the reuse utility fails to respond or does not provide the information within 30 days after receipt of the applicant’s request, the applicant shall provide the District a copy of the applicant’s written request and a statement that the utility failed to provide the requested information. If the reuse utility provides a partial response, the applicant shall also provide that to the District.