40D-2.041: Permits Required
40D-2.091: Publications Incorporated by Reference
40D-2.311: Competing Applications
40D-2.331: Modification of Permits
40D-2.381: Standard Permit Conditions
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to make District rules for water use permit application processing consistent with recent statutory amendments relating to the processing of permit applications.
SUMMARY: Rule 40D-2.041, F.A.C., is amended to delete the requirement that individual water use permits be approved by the Governing Board. Rule 40D-2.091, F.A.C., is amended to incorporate by reference a revised Water Use Permit Information Manual Part B, “Basis of Review,” which now contains a revised description of the permitting process. Rules 40D-2.311, 2.331 and 2.381, F.A.C., are amended to replace “Governing Board” with “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, 373.079(4)(a), 373.083(5), 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, 373.233, 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, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, ext. 4660
THE FULL TEXT OF THE PROPOSED RULE 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. Water Use Permits for a combined annual average daily water demand of 500,000 gpd or greater are issued as Individual Water Use Permits. Individual Water Use Permits must receive approval from the Governing Board.
(b) through (c) No change.
(3) through (4) No change.
Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 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, 5-17-09,________.
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” (________) (03-26-09);
(2) through (3) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 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, 7-20-08, 9-10-08, 12-30-08, ________.
40D-2.311 Competing Applications.
(1) If two or more applications for permits, which otherwise comply with these Rules and with Governing Board orders, are pending for a quantity of water that is inadequate for both or all, or which for any other reason are in conflict, the District Governing Board shall have the right to approve or modify the applications in a manner which best serves the public interest as determined by the District Governing Board.
(2) In the event that two or more competing applications qualify equally under the provisions of subsection (1), the District Governing Board will give preference to a renewal application over an initial application.
Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.233 FS. History–Readopted 10-5-74, Formerly 16J-2.12, Amended 10-1-89,________.
40D-2.331 Modification of Permits.
(1) through (2) No change.
(3) The District Governing Board shall order the modification of any permit if it is shown that the use or disposition of water is detrimental to other water users or to the water resources or no longer meets the conditions for issuance identified in Rule 40D-2.301, F.A.C.
Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.171, 373.239 FS. History–Readopted 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, ________.
40D-2.381 Standard Permit Conditions.
(1) The District Governing Board shall impose on any permit granted under this Chapter such reasonable conditions as are necessary to assure that the permitted operation will be consistent with the overall objectives of the District and will not be harmful to the water resources of the District or existing legal users.
(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 (q) No change.
(r) Within the Southern Water Use Caution Area, if the District determines that significant water quantity or quality changes, impacts to existing legal uses, or adverse environmental impacts are occurring, the District Board, upon reasonable notice to the permittee, including a statement of facts upon which the District based its determination, may reconsider the quantities permitted or other conditions of the permit as appropriate to address the change or impact, but only after an opportunity for the permittee to resolve or mitigate the change or impact or to request a hearing.
(4) No change.
Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 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, 7-20-08,________.
WUP BOR
1.6 APPLICATION REVIEW PROCESS [Section Deleted]
Amended 1-1-07, 12-24-07, 12-30-08,________.
4.3 MINIMUM FLOWS AND LEVELS
A.Withdrawals That Affect Water Bodies for Which Minimum Flows and Levels Have Been Adopted Within Those Portions of Hillsborough County north of State Road 60, and Pasco and Pinellas Counties (hereinafter the “Area”).
1. For New Withdrawals Proposed After August 3, 2000.
a. No change.
ii. No change.
(1) through (3) No change.
(4) If supplemental hydration is proposed to rehydrate lakes or wetlands, in order for a water use permit authorizing the Requested Quantity to be issued, the District Governing Board must determine whether:
(A) through (F) [list of factors – No change.]
iii. through v. No change.
vi. The procedures described below are those applicable to the determination of an aquifer regulatory level relating to 40D-2.301(1)(d), F.A.C., where the District Governing Board authorizes a quantity of Upper Floridan aquifer ground water pursuant to 4.3 A.1.a.i. where an applicant proposes prevention measures, and shall be determined for, and specified in, any permit issued as follows: [No further changes]
B. No change.
New 1-1-0 7, Revised________.