40D-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose of these rule amendments is to incorporate by reference a revised Water Use Permit Information Manual Part B, “Basis of Review” (BOR). The effect of the amendments made to the BOR will be to reduce the documentation required to be submitted in support of water use permit renewal and modification applications involving small general permits (withdrawals of less than 100,000 gallons per day on an annual average basis), where the documentation has previously been submitted or is documented in District records and all conditions for issuance as established for the previously issued permit or permit revision continue to be met.
SUMMARY: As part of the District’s effort to expand electronic permitting capabilities for Water Use Permits, application forms are being streamlined to facilitate electronic application processing. Based upon a review of existing permitting requirements and procedures, much of the information necessary to process applications to modify or renew small general (withdrawals of less than 100,000 gallons per day on an annual average basis) water use permits is already contained in District files and is accessible through the new electronic recordkeeping systems. Therefore, amendments are proposed to Sections 2.1, 3.0 and 4.0 of the District’s Water Use Permit Information Manual Part B, “Basis of Review” (BOR), to provide that permittees seeking to modify or renew a small general water use permit need not submit with their application certain documentation, provided that the documentation has previously been submitted or is documented in District records and the applicant’s water use needs have not changed or the information has not changed since the previously issued permit. Rule 40D-2.091, F.A.C., is amended to incorporate by reference the revised BOR. The adoption of these amendments will help streamline the permitting process for the renewal or modification of small general water use permits, which have minimal adverse impact on the water resources of the District, and will facilitate electronic processing for such permit applications.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-2.091 Publications Incorporated by Reference.
The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:
(1) Water Use Permit Information Manual Part B, “Basis of Review” (________) (10/07) and Part D, “Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area” (1/07);
(2) through (5) No change.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07,________.
WATER USE PERMIT INFORMATION MANUAL
PART B, BASIS OF REVIEW
1.4.1 SWUCA APPLICATION FORMS
All Permit Applicants in the SWUCA shall submit the “Supplemental Form – Southern Water Use Caution Area,” Form No. LEG-R.007.01 (11/07) LEG-R.007.00(06/07) in addition to the appropriate application and supplemental form(s) described in section 1.4, above. Applicants for public supply quantities of 100,000 gallons per day or more, including water imported wholesale, shall submit the “Public Supply Supplemental Form – Southern Water Use Caution Area,” Form No. LEG-R.012.00 (06/07). Permit Applicants in the SWUCA shall also submit the following application and supplemental forms appropriate for their situation and intended water use type as described in Chapters 3 and 4 of Part B of this “Basis of Review for Water User Permit Applications” (______), of the Water Use Permitting Manual:
1. through 3. No change.
New 6-26-07, Amended (_______)
2.1 APPLICANT CONTROL OF PROPERTY AND ACTIVITIES
1. Applicants must demonstrate ownership or legal control of all property on which pumps, wells, diversions or other water withdrawal facilities are or will be located. Applicants seeking renewal or modification of a water use permit authorizing withdrawals of less than 100,000 gpd on an annual average basis will not be required to demonstrate continued ownership or legal control, provided current property appraiser records confirm that there is no change in property ownership or control from what is documented in District records for the permit to be renewed or modified. Except for Self-Relocations as described below, applications for leased property, except property leased from the District, must be either a joint application in the name of the lessee and the property owner(s) or be only in the name of the property owner(s). If there are multiple property owners, all owners must sign the permit application form or sign an attachment to the permit application form indicating their joinder in the permit application, and all property owners will be permittees on the water use permit, when issued. In the case of an application for Self-Relocation, a permit may be issued solely to the lessee if the lessee and the permittee on the permit to be Self-Relocated are identical. For related rules on this issue, see Rules 40D- 1.6105, 40D-2.351, and 40D-2.381(3)(p) and (q), F.A.C., and Section 1.10 and 6.1, Basis of Review for Water Use Permit Applications.
2. through 5. No change.
Amended 1-1-07, (________).
3.0 REASONABLE WATER NEEDS
This section describes the factors involved in determining appropriate permit quantities for a particular water use. The quantity of water needed is a function of demand for water, efficiency of the water treatment and distribution systems, water acquired from other sources, water sold or transferred to other entities, and conservation practices employed. Section 3.1 describes the factors to consider in determining the appropriate quantities. Section 3.2 describes the units in which the quantities are identified on the permit. The remaining sections (3.3 through 3.7) describe the procedures for estimating water needs using the components of demand for each water use type. The information to be provided by permit applicants as described in this Chapter is required for all new water use permits and for renewal or modification of all existing water use permits, with the exception that applicants seeking to renew or modify water use permits authorizing withdrawal quantities of less than 100,000 gallons per day on an annual average basis will not be required to submit documentation with their application if the documentation requested has previously been submitted or the information is documented in District records and the applicant’s water use needs have not changed since the previously issued permit or permit revision.
4.0 CONDITIONS FOR ISSUANCE – TECHNICAL CRITERIA
Section 373.223, Florida Statutes (F.S.), provides a three-prong test for evaluating each proposed water use: the use must be reasonable and beneficial, must not interfere with any existing legal use of water, and must be consistent with the public interest. Reasonable assurances that water use on both an individual and cumulative basis meets this three-prong test is provided by the Applicant’s compliance with the Conditions for Issuance, set forth in Rule 40D-2.301, Florida Administrative Code (F.A.C.).
This Chapter provides guidelines for determining whether a water use meets the Conditions for Issuance set forth in Rule 40D-2.301, F.A.C. If the criteria described in this Chapter are not met, Applicants may consider reduction of withdrawal quantities, a pumpage rotation schedule, mitigation, or other means to bring a proposed use into compliance with the Conditions For Issuance. For some criteria, presumptions have been developed to facilitate evaluation. If site-specific information is provided which demonstrates that the presumption is incorrect, this information will be used to evaluate compliance with the performance standards. For projects within the SWUCA with the purpose of restoration or enhancement of impaired or impacted water bodies, the existing condition referred to in the performance standards is considered to be the natural condition unaffected by withdrawals, structural alterations or changes rather than the impaired or impacted condition that exists currently. The information to be provided by permit applicants as described in this chapter is required for all new water use permits and for renewal or modification of all existing water use permits, with the exception that applicants seeking to renew or modify water use permits authorizing withdrawal quantities of less than 100,000 gallons per day on an annual average basis will not be required to submit documentation with their application if the documentation requested has previously been submitted or the information is documented in District records and all conditions for issuance as established for the previously issued permit or permit revision continue to be met.
Amended (________)