40B-2.031: Implementation
40B-2.041: Permits Required
PURPOSE AND EFFECT: The purpose of the proposed rule is to update these sections of Chapter 40B-2, Florida Administrative Code, to codify a new water use permit category and revise the general and individual permit categories for consistency. The effect of the rule will be to provide for a more efficient water use permitting program.
SUMMARY: This proposed rule will codify a new water use permit category and revise the general and individual permit categories for consistency to provide for a more efficient permitting program.
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: 373.103, 373.118, 373.216, 373.219, 373.226, 373.244 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: Linda Welch, Administrative Assistant, Suwannee River Water Management District, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only)
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-2.031 Implementation.
(1) An individual water use permitting program, Chapter 40B-2 shall became become effective on October 1, 1982, and has shall been implemented throughout the District.
(2) A general water use permitting program, became effective on October 1, 1982, and has been implemented throughout the District.
(3) A minor use permit by rule permitting program became effective on _________, and has been implemented throughout the District.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.103(1), 373.118, 373.216, 373.226 FS. History– New 10-1-82, Amended_________.
40B-2.041 Permits Required.
(1) A water use permit is required This rule requires a permit prior to the withdrawal or diversion of water for any consumptive use except those expressly as exempted by law or District rule. Exempted uses are defined in Section 40B-2.051. Any person may request a conceptual approval permit under the procedures in subsection 40B-1.703(3). Otherwise, one of the following types of permits may be requested:
(2) The District issues three types of water use permits: minor water use permit by rule, general water use permit, and individual water use permit.
Minor Water Use Permit
(a) Except as provided in paragraphs (b), (c) and (d) below, a minor permit by rule is hereby granted for the following water uses as referenced in subsection 40B-2.501(3), F.A.C.: agricultural, aquacultural, augmentation, commercial, golf course, landscape irrigation, nursery, power production, water-based recreation, water utility uses, and other outside uses, provided they meet the criteria specified below:
1. The average daily use is less than 100,000 gallons per day and the maximum daily use is less than 250,000 gallons per day.
2. The water will be either withdrawn from a single well with a uniform casing diameter of four inches or less or from a single withdrawal point with a pipe diameter of four inches or less.
3. The water is not transported across water management district boundaries.
4. All uses shall employ standard water conservation practices for the use type.
5. In the event of a water shortage as declared by the Board, the permittee shall adhere to all limitations on withdrawal or use ordered by the District pursuant to Chapter 40B-21, F.A.C.
6. The Permittee shall allow District personnel access at reasonable times and at District expense, or with District equipment, to monitor withdrawal rates and volumes authorized by this permit.
(b) Except as provided in paragraphs (c) and (d) below, a minor permit by rule is hereby granted for hydrostatic testing, provided:
1. The Permittee provides written notice to the District at least ten (10) business days prior to each hydrostatic test. The written notice shall include a location map showing the pipeline to be tested, volume of water to be pumped, test duration and discharge point(s).
2. The water is not transported across water management district boundaries.
3. The Permittee allows District personnel access at reasonable times and at District expense, or with District equipment, to monitor the test.
4. In the event of a water shortage as declared by the Board, the permittee adheres to all limitations on withdrawal or use ordered by the District pursuant to Chapter 40B-21, F.A.C.
5. In the event the use interferes with any existing legal use, the Permittee shall mitigate for these impacts.
General Water Use Permit
(c) Except as provided in paragraphs (a) and (b) above or (d) below, a A general permit is required shall be requested under the general permit procedures in paragraph 40B-1.703(1)(c), F.A.C., (a) fFor all withdrawals or diversions from ground waters or closed systems which are less than ten million gallons per day maximum daily rate of withdrawal and less than two million gallons per day average daily rate of withdrawal, a general permit application may be submitted and considered under the general permit procedures in paragraph 40B-1.703(1)(c). Either the Executive Director, the Assistant Executive Director, or the Deputy Executive Director shall approve general permit applications under this paragraph without a hearing, except that any application recommended for denial shall be presented to the Governing Board for final agency action.
Individual Water Use Permit
(d)(b) An individual permit is required under the individual permit procedures in subsection 40B-1.703(2), F.A.C., fFor all withdrawals or diversions which exceed the limits established in paragraph s. 40B-2.041(2)(1)(b)(a), F.A.C., and for all bottled water uses regardless of the quantity of the withdrawal or diversion, an individual permit application may be submitted and considered under the individual permit procedures in s. 40B-1.703(2).
(2) Water uses existing prior to the implementation date of this chapter shall be governed under the provisions of s. 373.226, Florida Statutes, and this chapter.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.103, 373.118, 373.219, 373.226, 373.244 FS. History–New 10-1-82, Amended 5-1-83, 6-16-88,_________.