Notice of Development of Rulemaking

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The District needs accurate water use data from permittees to fulfill its statutory responsibilities and to protect the state’s water resource. This information is crucial in determining permit compliance, calculating conservation credits, estimating water use and for use in water supply planning. District rules require that flow meters required by Water Use Permits be tested for accuracy every 5 years. Currently permittees have their flow meters tested and submit the information in many different formats. To ensure that the testing is properly performed so that the flow meters are accurately tested, staff has developed standardized accuracy requirements and a standardized test form. The proposed rule amendments incorporate the new flow meter accuracy test requirements. In addition, staff has moved some rule language from one section of the rules to another to consolidate related requirements and to clarify the process.
SUBJECT AREA TO BE ADDRESSED: The proposed amendments specify how to satisfy the flow meter accuracy verification reporting requirements currently contained in Chapter 40D-2, F.A.C., Water Use Permits.
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.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 30, 2008, 10:00 a.m.
PLACE: Southwest Florida Water Management District Tampa Service Office, Governing Board Room, 7601 Highway 301 North, Tampa, FL 33637-6759
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 5 days before the workshop/meeting by contacting: Dianne Lee at (352)796-7211 or 1(800)423-1476, extension 4658; TDD only number 1(800)231-6103; FAX number (352)754-6878. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jeanette Houser, Sr. Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211 or 1(800)423-1476, extension 4651

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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

5.0 MONITORING REQUIREMENTS

The following provisions are added to the end of section 5.1. The paragraphs under the heading “Flow Meters” are transferred from Chapter 6, the section titled “PUMPAGE REPORTING, 5. Flow Meters”. All other paragraphs are new:

 Flow Meters

All required flow meters shall adhere to the following requirements and shall be installed and maintained as follows:

1. All meters shall be non-resettable, totalizing flow meters that have a totalizer of sufficient magnitude to retain total gallon data for a minimum of the three highest consecutive months permitted quantities. If other measuring devices or other accounting methods are proposed, prior to installation, the Permittee shall submit documentation that the other measuring devices or accounting methods meet the stipulations listed in this condition. Approval for other measuring devices or accounting methods must be obtained in writing from the Regulation Department Director.

a.     The flow meter(s) or other approved device(s) shall have and maintain an accuracy within five percent of the actual flow as installed.

b.     Accuracy testing requirements:

i.      For newly metered AWS inflow lines and re-pump withdrawal point, the flow meter installation shall be designed for inline field access for meter-accuracy testing.

ii.     The meter shall be tested for accuracy on-site, as installed, every five years beginning from the date of its installation for new meters or from the date of initial issuance of this permit containing the metering condition with an accuracy-test requirement for existing meters.

iii.    The testing frequency will be decreased if the Permittee demonstrates to the satisfaction of the District that a longer period of time for testing is warranted.

iv.    The test will be accepted by the District only if performed by a person knowledgeable in the test equipment used.

v.     If the actual flow is found to be greater than 5% different from the measured flow, within 30 days, the Permittee shall have the meter re-calibrated, repaired, or replaced, whichever is necessary. Documentation of the test and a certificate of re-calibration, if applicable, shall be submitted within 30 days of each test or re-calibration.

2. If the alternative accounting method involves a meter belonging to another entity or to the alternative water supply provider, the Permittee shall submit documentation from the owner/supplier that the meter readings continue to be accurate to 5% of the actual flow as installed. Such documentation is subject to approval by the District.

3. The meter shall be installed according to the manufacturer’s instructions for achieving accurate flow to the specifications above, or it shall be installed in a straight length of pipe where there is at least an upstream length equal to ten (10) times the outside pipe diameter and a downstream length equal to two (2) times the outside pipe diameter. Where there is not at least a length of ten diameters upstream available, flow straightening vanes shall be used in the upstream line.

4. If a metered AWS inflow line or re-pump withdrawal point is not utilized during a given month, the meter report shall be submitted to the District showing the same meter reading that was submitted the previous month.

5. Broken or malfunctioning meter:

a.     If the meter or other flow measuring device malfunctions or breaks, the Permittee shall notify the District within 15 days of discovering the malfunction or breakage.

b.     The meter must be replaced with a repaired or new meter, subject to the same specifications given above, within 30 days of the discovery.

c.     If the meter is removed from the alternative water supply line or re-pump withdrawal point for any other reason, it shall be replaced with another meter having the same specifications given above, or the meter shall be reinstalled within 30 days of its removal from the withdrawal. In either event, a fully functioning meter shall not be off the withdrawal point for more than 60 consecutive days.

6. While the meter is not functioning correctly, the Permittee shall keep track of the total amount of time the withdrawal point was used for each month and multiply those minutes times the pump capacity (in gallons per minute) for total gallons. The estimate of the number of gallons used each month during that period shall be submitted on District scanning forms and noted as estimated per instructions on the form. If the data is submitted by another approved method, the fact that it is estimated must be indicated. The reason for the necessity to estimate pumpage shall be reported with the estimate.

7. In the event a new meter is installed to replace a broken meter, it and its installation shall meet the specifications of this condition. The permittee shall notify the District of the replacement with the first submittal of meter readings from the new meter.

Flow Meter Verification

The following requirements pertain to the required flow meter testing:

1. Operators of meter testing equipment shall hold a valid certificate of competency to operate the type of equipment used. Certification from the test equipment manufacturer, or other recognized training entities will suffice. A copy of this certification shall be provided to the District with the Meter Accuracy Verification Form.

2. The test equipment shall have been calibrated within the previous twelve months of the submitted test and comply with current National Institute of Standards and Technology (N.I.S.T.) standards. A valid Certificate of Calibration, showing the date of calibration and N.I.S.T. traceability shall be provided to the District with the Meter Accuracy Verification Form.

3. The Flow Meter Accuracy Verification Form shall be completed and provided to the District for each flow meter tested. This form can be obtained from the District’s website (www.watermatters.org). If the test equipment provides a printout of inputted data this shall be submitted with the worksheet. The equipment’s no probtemperature should be set at 72 degrees.

4. A diagram showing the precise location on the pipe where the testing equipment was mounted shall be supplied with the worksheet. This diagram shall include the pump, piping configuration with all valves, tees, elbows, and any other possible flow disturbing devices from the pump to the test location clearly noted with measurements. The installed meter shall also be included in the diagram.

5. A picture(s) of the test location, including the pump and installed flow meter, with the measuring devices is suggested but not required.

6. A minimum of two separate timed tests is shall be performed for each meter. Each timed test shall be for a minimum of four minutes. If two tests do not yield consistent results, additional tests shall be performed for a minimum of eight minutes or longer per test until consistent results are obtained. If the installed meter has a rate of flow, or large multiplier that does not allow for consistent results to be obtained with four or eight minute tests, the duration of the test shall be lengthened as necessary to obtain consistent results. The results of two consistent tests shall be averaged, and the result will be considered the test result for the meter being tested. This result shall be expressed as a plus or minus percent (rounded to the nearest one-tenth percent) indicating the deviation (if any), of the meter being tested from the test meter.

7. Flow meters that fail to meet the District’s accuracy requirements must be repaired or replaced within 30 days. These meters shall be retested after the repair and the results submitted to the District within 30 days of the test.

6.0 PERMIT CONDITIONS

The following change is made to the section titled “Pumpage Reporting”:

PUMPAGE REPORTING

5. Flow Meters

Condition: The Permittee shall meter withdrawals and meter readings from each withdrawal shall be recorded on a monthly basis within the last week of the month. The meter reading(s) shall be reported to the Permit Data Section, Records and Data Department (using District scanning forms, unless the District has approved another arrangement for submission of this data) on or before the tenth day of the following month. If a metered withdrawal is not utilized during a given month, the meter report shall be submitted to the District indicating the same meter reading as was submitted the previous month. The following withdrawals shall be metered as applicable:

                a. Permittees with permitted withdrawal facilities that are on standby status (a standby withdrawal point to be used when another withdrawal point cannot be used), or where all permitted quantities are on standby for alternative water supplies, shall install meters on District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).] before using the standby quantities.

                b. Permittees with permitted withdrawal facilities that are not yet constructed shall install meters on District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).] within 90 days of completion of construction of the withdrawal.

                c. Permittees with existing permitted withdrawal facilities shall continue to maintain and operate existing, non-resettable, totalizing flow meter(s) or other flow measuring device(s) as approved by the Regulation Department Director on District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).].

                d. Permittees with previously un-metered existing withdrawal facilities shall install meters on District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).] upon permit issuance.

1-1-03, Amended 1-1-07.

 

Transfer to Chapter 5, section 5.1, Basis of Review:

The meters shall adhere to the following descriptions and shall be installed or maintained as follows:

(1) The meter(s) shall be non-resettable, totalizing flow meter(s) which have a totalizer of sufficient magnitude to retain total gallon data for a minimum of the three highest consecutive months permitted quantities. Approval shall be obtained in writing from the Regulation Department Director. If other measuring device(s) are proposed, the Permittee shall submit documentation that the other measuring devices or accounting methods meet the stipulations listed in this condition, prior to installation. Approval for other measuring devices or accounting methods shall be obtained in writing from the Regulation Department Director.

(2) The flow meter(s) or other approved device(s) shall have and maintain an accuracy within 5% of the actual flow as installed.

(3) The flow meter-water piping system shall be designed for inline field access for meter accuracy testing. The meter shall be tested for accuracy on-site, as installed, every five years beginning from the date of its installation for new meters or from the date of initial issuance of this permit containing the metering condition with an accuracy-test requirement for existing meters unless the Permittee demonstrates to the satisfaction of the District that a longer period of time for testing is warranted. The test shall be performed by a person certified in the test equipment used. If the actual flow is found to be greater than 5% different from the measured flow, within 30 days, the Permittee shall have the meter re-calibrated, repaired, or replaced, whichever is necessary. Documentation of the test and a certificate of re-calibration, if applicable, shall be submitted within 30 days of each test or re-calibration.

(4) The meter shall be installed according to the manufacturer's instructions for achieving accurate flow to the specifications above, or it shall be installed in a straight length of pipe where there is at least an upstream length equal to ten (10) times the outside pipe diameter and a downstream length equal to two (2) times the outside pipe diameter. Where there is not at least a length of ten diameters upstream available, flow straightening vanes shall be used in the line.

(5) If the meter or other flow measuring device malfunctions or breaks, the Permittee shall notify the District within 15 days of discovering the malfunction or breakage and replace it with a repaired or new meter, subject to the same specifications given above, within 30 days of the discovery. If the meter is removed from the withdrawal for any other reason, it shall be replaced with another meter having the same specifications given above, or the meter shall be reinstalled within 30 days of its removal from the withdrawal. In either event, a fully functioning meter shall not be off the withdrawal point for more than 60 consecutive days.

(6) While the meter is off the withdrawal, the Permittee shall estimate their use by multiplying the number of hours the withdrawal point was used during that month times the flow capacity of the pump or mainline, whichever is appropriate, or the Permittee may request instructions on how to estimate use from the Permit Data Section. The estimate of the number of gallons used each month during that period shall be noted as an estimate when it is submitted to the District.

(7) In the event a new meter is installed to replace a broken meter, it and its installation shall meet the specifications of this condition. The permittee shall notify the District of the replacement with the first submittal of meter readings from the new meter.

1-1-03, Amended 1-1-07,_______.