40D-2.041: Permits Required
PURPOSE AND EFFECT: The District proposes to make further refinements in the definitions of General and Small General Water Use Permits (WUPs) set forth in Rule 40D-2.041, F.A.C., which was recently amended. General WUPs are issued for combined annual average daily water demands of less than 500,000 gallons per day (gpd) but greater than or equal to 100,000 gpd. Recent amendments elevated certain water demands of less than 100,000 gpd formerly categorized as Small General WUPs to the General WUP category, which amendments included defining all permits with surface water withdrawals less than 100,000 gpd as a General WUP. The proposed amendments will clarify that for permits authorizing surface water withdrawals, only those for which the primary source is a surface water and the combined annual average daily water demand is at least 50,000 gpd will be categorized as General Permits. The General WUP category is also amended to include permits with annual average water demands of less than 100,000 gpd when the maximum daily withdrawal quantity equals or exceeds 3,000,000 gpd for crop protection or other use unless at least one permitted withdrawal facility is located within the Dover-Plant City area of Hillsborough County. In that specific area, WUPs authorizing less than 100,000 gpd will be elevated to the General WUP category if the maximum daily withdrawal quantity for crop protection or other use equals or exceeds 1,000,000 gpd. This is to due to the concentration of agricultural water use in that specific area, primarily for strawberries, which require significant crop protection withdrawals during the winter growing season. The effect of these amendments is to limit the Small General WUP category to those combined annual average water demands of less than 100,000 gpd that require only minimal staff evaluation, due to little-to-no impact upon the water resources.
SUBJECT AREA TO BE ADDRESSED: Water Use Permitting.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS.
LAW IMPLEMENTED: 373.219, 373.223, 373.224, 373.226 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40D-2.041 Permits Required.
(1) No change.
(2) Water Use Permit categories are based on the combined annual average daily water demand, defined as the total reasonable-beneficial water quantity necessary for the proposed water use, to be obtained during one year from ground water, surface water, alternative water supply, imported water or any other water source, divided by 365 days and expressed in gallons per day (gpd). The District issues the following categories of Water Use Permits:
(a) Individual. No change.
(b) General. Water Use Permits for the following are issued by District staff as General Water Use Permits, except as provided in Chapter 4, Section 4.3 A.1.a.ii.(4) of the Basis of Review:
1. A combined annual average daily water demand less than 500,000 gpd but greater than or equal to 100,000 gpd; or
2. A combined annual average daily water demand less than 100,000 gpd when:
a. The drought annual average is 100,000 gpd or more in the Southern Water Use Caution Area;
b. Withdrawal is for mining or dewatering;
c. The primary withdrawal source is a surface water and the combined annual average daily water demand is at least 50,000 gpd; or
d. The withdrawals are required by the permit to be metered and withdrawal quantities reported to the District, or.
e. The maximum daily withdrawal quantity equals or exceeds 3,000,000 gpd for crop protection or other use unless at least one permitted withdrawal facility is located within the Dover-Plant City area, in which case the maximum daily withdrawal quantity equals or exceeds 1,000,000 gpd for crop protection or other use
(c) No change.
(3) through (4) No change.
Specific Authority 373.044, 373.113, 373.118, 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, Amended 12-31-74, 10-24-76, 9-4-77, 10-16-78, Formerly 16J-2.04(1), (2), (4), (5), Amended 9-1-84, 11-4-84, 10-1-89, 2-10-93, 4-11-94, 1-1-07, 12-30-08,_________.