40D-2.091: Publications Incorporated by Reference
40D-2.381: Standard Permit Conditions
40D-2.401: Identification Tags
PURPOSE AND EFFECT: The District proposes to amend Rules 40D-2.381 and 40D-2.401, F.A.C., and Section 6.1 of the District’s Water Use Permit Information Manual Part B, Basis of Review (BOR) concerning the requirement to attach identification tags to all wells from which water is withdrawn under a District-issued Water Use Permit. The effect will be to limit the requirement for a well tag to those wells or other withdrawal facilities that are required to be metered or for which withdrawal quantities are required to be reported to the District. Rule 40D-2.091, F.A.C., is amended to adopt by reference the revised BOR Section 6.1.
SUMMARY: The District currently requires that, for each withdrawal facility or well used to withdraw water under a water use permit issued by the District, a permanent identification tag must be affixed to the withdrawal facility or well, regardless of the quantities authorized or whether the amounts withdrawn from the facility are reported to the District. Well identification tags serve as a compliance mechanism to ensure that water use permittees are using facilities authorized by the permit, and District staff conducts site visits to confirm that each well tag has been affixed to the proper facility. Staff has determined that it is no longer cost effective to require well tags or conduct compliance site visits if the quantities being withdrawn from a well are not required to be reported to the District or the withdrawal facility is not required to be metered. The proposed amendment will limit the requirement to affix identification tags to only those facilities that are required to be metered or for which withdrawal quantities must be reported to the District.
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, 373.149, 373.171, 373.216, 373.249 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, 373.224, 373.226, 373.229, 373.239, 373.243, 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: 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” (_____) (5/08) 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, 2-13-08, 2-18-08, 4-7-08, 5-12-08, _________.
WATER USE PERMIT INFORMATION MANUAL
PART B, BASIS OF REVIEW
CHAPTER 6.0 PERMIT CONDITIONS
6.1 STANDARD PERMIT CONDITIONS
The following conditions are placed on all Water Use Permits:
1. through 14. No change.
15. A District identification tag shall be prominently displayed at each withdrawal point that is required by the District to be metered or for which withdrawal quantities are required to be reported to the District, by permanently affixing the tag to the withdrawal facility.
16. through 19. No change.
New 1-1-03, Amended 1-1-07, _____.
40D-2.381 Standard Permit Conditions.
(1) through (2) No change.
(3) Every permit acquired under this Chapter shall include the following standard conditions which impose certain limitations on the permitted water withdrawal:
(a) through (n) No change.
(o) A District identification tag shall be prominently displayed at each withdrawal point that is required by the District to be metered or for which withdrawal quantities are required to be reported to the District, by permanently affixing the tag to the withdrawal facility.
(p) through (r) No change.
(4) No change.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.223, 373.244 FS. History–New 6-7-78, Amended 9-9-80, 10-21-80, Formerly 16J-2.112, Amended 10-1-89, 2-10-93, 5-2-93, 4-14-02, 1-1-03, 10-19-05, ______.
40D-2.401 Identification Tags.
(1) When a Water Use Permit is issued, the Governing Board will issue a permanent tag bearing a use identification number for each withdrawal facility that is required by the District to be metered or for which withdrawal quantities are required to be reported to the District, which tag shall be prominently displayed at the site of withdrawal by permanently affixing such tag to the pump, headgate, valve, or other withdrawal facility. If the Water Use Permit covers several facilities, such as a well field, a tag will be issued for each facility.
(2) Failure to display a permit tag as prescribed herein shall constitute a violation of these rules and may be grounds for suspension or revocation of the permit. The permittee shall be allowed 10 days after notice to obtain a replacement tag. Upon failure of the permittee to display such tag within 10 days, the Governing Board may cause the replacement of such tag and charge the permittee one hundred dollars ($100) for such service.
Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS. History–Readopted 10-5-74, Formerly 16J-2.05, Amended 10-1-89,_________.