40B-2.011: Policy and Purpose
40B-2.021: Definitions
40B-2.025: Processing of Water Use Permit Applications
40B-2.041: Permits Required
40B-2.051: Exemptions
40B-2.101: Content of Application
40B-2.201: Permit Fees
40B-2.301: Conditions for Issuance of Permits
40B-2.311: Competing Applications
40B-2.321: Duration of Permits
40B-2.331: Modification of Permits
40B-2.341: Revocation of Permits
40B-2.351: Transfer of Permits
40B-2.361: Renewal of Permits
40B-2.381: Limiting Conditions
40B-2.441: Temporary Water Use Permits
40B-2.451: Emergency Authorization for Withdrawal or Diversion
40B-2.501: Classification of Permits
40B-2.751: Investigation, Enforcement, and Penalties
40B-2.781: Enforcement
PURPOSE AND EFFECT: The purpose of the proposed rule is to comprehensively update Chapter 40B-2, F.A.C., for consistency with Part II, Chapter 373, F.S., and current state water policy. The proposed rule also incorporates by reference a Water Use Permitting Guide.
The effect of the proposed rule is to provide a permitting program that results in more efficient water uses and specifically includes in Rule 40B-2.041, F.A.C., water conservation measures for qualifying landscape irrigation uses that are consistent with the current requirements of the St. Johns River and Southwest Florida water management districts.
SUMMARY: Consistent with Chapter 373, F.S., the proposed rule substantively revises the definitions of terms used in Chapter 40B-2, F.A.C.; adds a section regarding the application process; creates a minor permit by rule for certain landscape irrigation activities; creates a new exemption by rule for groundwater remediation activities authorized by FDEP; revises the application information requirements; provides more detailed conditions for issuance and incorporates a permitting guide by reference; adds a permit duration provision; provides more detailed permit modification, revocation, transfer, and renewal provisions; revises the limiting conditions by incorporating by reference new standard and special limiting conditions; adds a section regarding temporary permits; provides more detailed water use classifications; and adds a section regarding enforcement.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: All persons, including local governments, proposing to use water for any purpose other than domestic household purposes will be required to comply with the proposed rule, however, the vast majority of persons will not be required to apply for a permit. Currently, there are 2,905 District-issued water use permits for existing legal uses. Some of the proposed amendments will eventually affect all 2,905 permittees, depending upon whether and when a permit renewal or modification is sought, as well as all new permit applicants. Other proposed changes will affect a smaller subset of permit applicants. For several of the proposed amendments, the District is not able to anticipate the number of persons likely to be affected. The proposed rule is not expected to result in any effect on state or local revenues. A number of the proposed amendments are non substantive in that they merely clarify existing rule language and, therefore, will not result in any increase or decrease in costs. These include changes to the Policy and Purpose, Permit Fees, Competing Applications, and Enforcement provisions. Other proposed amendments are substantive but will not result in any increase or decrease in costs. These include changes to the Definitions, Implementation, and Classification of Permits provisions. Due to a lack of existing data and the uniqueness of each permit application, the majority of the cost increases associated with the proposed rule are difficult to quantify. Therefore, in those instances, the costs have been qualitatively assessed in terms of whether it is a minor, moderate, or major increase. Proposed amendments to the Processing of Water Use Applications, Permits Required, and Modification of Permits provisions are expected to result in minor to moderate cost savings to the District and permit applicants. Proposed amendments to the Exemptions, Duration of Permits, Transfer of Permits, and Temporary Water Use Permits provisions are expected to result in minor cost increases to the District and permit applicants. Proposed amendments to the Content of Application, Conditions for Issuance, Modification of Permits, Revocation of Permits, and Limiting Conditions provisions are expected to result in moderate cost increases for the District and minor to major cost increases for permit applicants. In the case of permit applicants, most of these costs are transactional costs, as defined in Section 120.541, F.S. The impact of the proposed rule will be the same on small businesses and small cities and counties as it will be for any other similarly situated water user or permit applicant.
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: 120.54(5), 373.044, 373.083, 373.113, 373.116, 373.118, 373.119, 373.129, 373.136, 373.171, 373.219(2) FS.
LAW IMPLEMENTED: 120.60, 373.016, 373.019, 373.023, 373.042, 373.044, 373.0421, 373.083, 373.103, 373.109, 373.116, 373.117, 373.1175, 373.118, 373.129, 373.136, 373.216, 373.219, 373.223, 373.226, 373.227, 373.229, 373.232, 373.233, 373.236, 373.239, 373.243, 373.244, 373.246, 373.250 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, Rules Coordinator, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only).
THE FULL TEXT OF THE PROPOSED RULE IS:
PERMITTING OF CONSUMPTIVE USES OF WATER USE
40B-2.011 Policy and Purpose.
(1) The Suwannee River Water Management District (District) regulates all water uses within its boundaries pursuant to the provisions of The purpose of this chapter is to implement Chapter 373, F.S., Part II, Florida Statutes in a manner consistent with cChapter 62-40, F.A.C. State Water Policy, and with the overall policies, goals and objectives of the Suwannee River Water Management District and Chapter 373, Florida Statutes, Water Resources Act.
(2) This chapter implements the comprehensive water use permit system contemplated in Part II of Chapter 373, F.S.
Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.016, 373.023, 373.103(1), 373.203, 373.216, 373.219-.249 FS. History–New 10-1-82, Amended 5-1-83,________.
(Substantial rewording of Rule 40B-2.021 follows. See Florida Administrative Code for present text.)
40B-2.021 Definitions.
(1) “Aesthetic Use” means the use of water to augment fountains, waterfalls, and landscape lakes and ponds where such features are entirely ornamental or decorative.
(2) “Agricultural Use” means the use of water for crop production or the growing of farm products including vegetables, pasture, sod, or other cash crops, waste management or water or washing livestock. It includes soil flooding for pest control or soil preservation, and freeze protection and product washing.
(3) “Alternative Water Supplies” means saltwater; brackish surface and ground water; surface water captured primarily during wet-weather flows; sources made available through the addition of new storage capacity for surface or ground water; water that has been reclaimed after one or more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water bodies with reclaimed water; storm water and any other water supply sources that is designated as non-traditional for a water supply planning region in the applicable regional water supply plan.
(4) “Aquaculture Use” means the use of water for the spawning, cultivating, harvesting, or marketing of fin-fish, shellfish, crustaceans, alligators, or other aquatic organisms that have economic value.
(5) “Augmentation Use” means the addition of water to artificially maintain the level of natural or artificial water bodies to either protect habitat for fish and wildlife or to provide for recreational uses.
(6) “Average Daily Rate of Withdrawal (ADR)” means the volume of water withdrawn during 365 consecutive days divided by 365, expressed in million gallons per day. The total volume may be calculated using historical data or projected based on the best available information.
(7) “Basin,” as used in the context of interbasin transfer, means those major river basin areas delineated on Map Series Number 72, published by the Florida Department of Natural Resources, Bureau of Geology, 1975, down to the accounting unit level of recognition. The best information available shall be used to precisely define basin boundaries.
(8) “Bottled Water” means all water which is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water, as defined in Section 500.03(1)(d), F.S.
(9) “Change in ownership” means transfer of title to real property from the permittee to another person.
(10) “Dewatering” means the removal of ground or surface water to allow construction, excavation, or backfill to be conducted in a dry condition.
(11) “Domestic Use” means the use of water for the individual personal household purposes of drinking, bathing, cooking, and sanitation. All other uses shall not be considered domestic.
(12) “Essential Use” means the use of water for fire-fighting purposes, health and medical purposes, and to satisfy Federal, State, or local public health, safety and welfare requirements.
(13) “Existing Legal Use” means all uses of water which are exempt under Chapter 373, F.S. or Chapter 40B-2, F.A.C., or which have a valid Chapter 373, Part II, F.S., permit.
(14) “Golf Course Use” means water used to irrigate an establishment designed and used for playing golf.
(15) “Landscape Irrigation Use” means outside watering or sprinkling of flora which are not in a commercial nursery or irrigated agricultural crop environment. This use class includes the watering of lawns, shrubs, private gardens, and trees in such diverse settings as residential landscaping, public or commercial recreation areas, or public and commercial business establishments.
(16) “Maximum Daily Rate of Withdrawal (MDR)” means the volume of water which can be withdrawn during a 24-hour period expressed in million gallons per day.
(17) “Minimum Flows and Levels” means the minimum flow for a watercourse or the minimum water level for ground water in an aquifer or the minimum water level for a surfacewater body is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. These levels have been established by the District for designated water bodies in Chapter 40B-8, F.A.C.
(18) “Nursery Use” means the use of water on-premises on or in which nursery stock is grown, propagated, or held for sale, distribution, or sold or reshipped.
(19) “Other Outside Uses” means the use of water outdoors for the maintenance, cleaning, or washing of structures and mobile equipment including automobiles, and the washing of streets, driveways, sidewalks, and similar areas.
(20) “Power Production Use” means the use of water for steam generation, cooling, and replenishment of cooling reservoirs.
(21) “Public Interest” means those broad-based interests and concerns that are collectively shared by members of a community or residents of the District or the State.
(22) “Reasonable-beneficial Use” means the use of water in such quantity as is necessary for economic and efficient consumption for a purpose and in a manner which is both reasonable and consistent with the public interest.
(23) “Self-Supplied Residential Use” means any water use associated with the maintenance of a private residence.
(24) “Water” or “Waters in the State” means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the state.
(25) “Water-Based Recreation Use” means water used for public and private swimming and wading pools including water slides. This term does not include pools specifically maintained to provide habitat for aquatic life.
(26) “Water Use” means any use of water which reduces the supply from which it is withdrawn or diverted.
(27) “Water Utility Use” means water used for withdrawal, treatment, transmission, and distribution by potable water systems. Water utility uses include community and non-community public water systems as defined in Chapter 62-550, Florida Administrative Code.
(28) All definitions in Section 373.019, F.S., shall apply to this chapter.
Rulemaking Specific Authority 120.54(1)(a), 373.044, 373.113, 373.171 FS. Law Implemented 120.53(1)(a), 373.019, 373.216 Part II FS. History–New 10-1-82, Amended 5-1-83,________.
40B-2.025 Processing of Water Use Permit Applications.
Water use permit applications will be processed pursuant to Section 120.60, F.S. and Chapter 28-107, F.A.C., Part II of Chapter 373, F.S., and this chapter, and Part VII of Chapter 40B-1, F.A.C.
Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.116, 373.229, 373.239 FS. History– New________.
40B-2.041 Permits Required.
(1) A water use permit is required prior to the withdrawal or diversion of water for any water consumptive use except those expressly exempted by law or District rule.
(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 by Rule
Form 40B-2.041A: Water Use Permit Status Form is hereby incorporated by reference. This form is available at District headquarters and on the District’s website.
(a) Except as provided in paragraphs (b), (c) and (d) below, a minor water use permit by rule is hereby granted for the following withdrawal classes of water uses as referenced in paragraphs 40B-2.501(3)(a) through (e), F.A.C.: agricultureal, aquacultural, augmentation, commercial, golf course, landscape irrigation, nursery, power production, water-based recreation, water utility uses, and other outside uses, potable water supply, and augmentation and other 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, such as the District’s water conservation requirements in the Water Use Permitting Guide.
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 (d) and (e) below, a minor permit by rule is hereby granted for landscape irrigation 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 source of water will be:
a. Withdrawn from a single groundwater well with a uniform casing diameter of four inches or less; or
b. Withdrawn from a single withdrawal point with a pipe diameter of four inches or less from surface waters; or
c. Withdrawn from a water utility.
d. Irrigation of new landscape is allowed on Sunday through Sunday at any time of day for the initial 30 days following installation and every other day for the following 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.
e. Irrigation of established landscape during Eastern Standard Time shall not occur more than 1 day per week and not between the hours of 10:00 a.m. and 4:00 p.m., at a rate of no more than 3/4 inch application on such irrigation days. Irrigation of established landscape during Daylight Savings Time shall not occur more than 2 days per week and not between the hours of 10:00 a.m. and 4:00 p.m., at a rate of no more application than 3/4 inch of water on such irrigation days.
Any landscape irrigation uses that deviate from these criteria shall be required to obtain a permit in accordance with paragraphs (d) and (e) below.
(c)(b) Except as provided in paragraphs (d)(c) and (e)(d) below, a minor water use 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, which shall be no greater than two million gallons, test duration and discharge point(s).
2. The water is not transported across water management district boundaries, by the pipeline being tested.
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 obtain a general or individual water use permit.
General Water Use Permit.
(d)(c) Except as provided in paragraphs (a) and (b) above or (d) below, a general water use permit is required under the general permit procedures in paragraph 40B-1.703(1)(c), F.A.C., for all withdrawals or diversions which are less than ten million gallons per day maximum daily rate of withdrawal and less than one two million gallons per day average daily rate of withdrawal. 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
(e)(d) An individual water use permit is required under the individual permit procedures in subsection 40B-1.703(2), F.A.C., for all withdrawals or diversions which exceed the limits established in paragraph 40B-2.041(2)(d)(1)(b), F.A.C., and for all bottled water uses regardless of the quantity of the withdrawal or diversion.
(3) In the event the proposed water use is associated with a project that requires a water well permit under Chapter 373, Part III, F.S., and District rules, the water well application will be deemed part of the water use application and processed as one application under the WUP procedures.
Rulemaking 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, 4-14-08, ________.
40B-2.051 Exemptions.
(1) The following activities are exempt from the requirements of obtaining water use permits specified in Rule 40B-4.041, F.A.C. No permit is shall be required for:
(1)(a) Domestic Withdrawal for domestic uses as defined in subsection s. 373.019(6), F.S.; Florida Statutes,
(2)(b) Water Withdrawals of water used strictly for fire -fighting purposes;,
(3)(c) Withdrawals made for dewatering activities for a total period not to exceed 180 consecutive days; and
(4)(d) Withdrawals or diversions from artificial manmade retention structures when the withdrawal or diversion is needed to facilitate repair or maintenance of the retention structure; and
(5) Groundwater remediation authorized by the Florida Department of Environmental Protection pursuant to Chapter 403, F.S., and Title 62, F.A.C.
(e) Withdrawals for self-supplied residential uses.
Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219 FS. History–New 10-1-82, Amended 5-1-83,_________.
(Substantial rewording of Rule 40B-2.101 follows. See Florida Administrative Code for present text.)
40B-2.101 Content of Application.
Applications for permits required by this chapter shall be filed with the District and shall contain the following:
(1) The information specified in Section 373.229, F.S.;
(2) The appropriate application form hereby incorporated by reference, available at District headquarters and on the District’s website, as follows:
(a) 40B-2.101A Application for Water Use Permit Agricultural Use (DATE);
(b) 40B-2.101B Application for Water Use Permit Augmentation/Other Use (DATE);
(c) 40B-2.101C Application for Water Use Permit Commercial Use (DATE); and
(d) 40B-2.101D Application for Water Use Permit Potable Water Supply Use (DATE).
(3) Best available technical and other supporting information sufficient to demonstrate that the use meets the conditions for issuance as specified in Section 373.223(1), F.S., and Rule 40B-2.301, F.A.C.
(4) Any supporting information or calculations required to be prepared by a profession regulated under Florida law shall bear the certification of such professional.
(5) The relevant information required by section 2.0, Water Use Permitting Guide.
Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.103, 373.116, 373.117, 373.1175, 373.219, 373.223, 373.229 FS. History–New 10-1-82, Amended_________.
40B-2.201 Permit Fees.
Fees for permits required by this chapter shall be as specified listed in Rule s. 40B-1.706, F.A.C.
Rulemaking Specific Authority 373.044, 373.109 373.113, 373.171 FS. Law Implemented 373.109 FS. History–New 10-1-82, Amended 5-1-83, 6-16-88,_________.
(Substantial rewording of Rule 40B-2.301 follows. See Florida Administrative Code for present text.)
40B-2.301 Conditions for Issuance of Permits.
(1) To obtain a water use permit, renewal, or modification pursuant to the provisions of this chapter, the applicant must provide reasonable assurances that the proposed use of water:
(a) Is a reasonable-beneficial use;
(b) Will not interfere with any presently existing legal use of water; and
(c) Is consistent with the public interest.
(2) Reasonable assurances must be provided that the following criteria are met in order for a use to be considered reasonable-beneficial:
(a) The use must be in such quantity and quality as is necessary for economic and efficient use.
(b) The use must be for a purpose that is both reasonable and consistent with the public interest.
(c) The source of the water must be capable of producing the requested amounts and appropriate quality of water.
(d) The use will not degrade the source from which it is withdrawn.
(e) The use will not cause or contribute to flooding.
(f) The use will not harm offsite land uses.
(g) The use will not cause harm to wetlands or other surface waters. Harm to wetlands or other surface waters must be mitigated after completion of reduction or elimination of harm in accordance with sections 3.1.8. through 3.1.10. of the Water Use Permitting Guide.
(h) The use will not cause or contribute to a violation of either minimum flows or levels.
(i) The use will not cause or contribute to a violation of state water quality standards in waters of the state as set forth in Chapters 62-301, 62-302, 62-520, and 62-550, F.A.C.
(j) The use is otherwise a reasonable-beneficial use as defined in Section 373.019(2), F.S., with consideration given to the factors set forth in subsection 62-40.410(2), F.A.C.
(k) A permit applicant’s proposed reasonable-beneficial use of an alternative water supply is presumed to be in the public interest.
(3) The standards and criteria set forth in the Water Use Permitting Guide, hereby published by reference and incorporated into this chapter, must be used to provide the reasonable assurances required in this section. A current version of this document is available on the District’s website and at its headquarters.
Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.219, 373.223, 373.236, 373.227, 373.229, 373.232, 373.236, 373.239, 373.250 FS. History– New 10-1-82, Amended 5-1-83,_________.
40B-2.311 Competing Applications.
Consideration of two or more competing applications shall be made in accordance with Section s. 373.233 and subsection 373.236(4), F.S., Florida Statutes.
Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.233, 373.236 FS. History–New 10-1-82, Amended_________.
40B-2.321 Duration of Permits.
(1) Unless revoked, modified, or specifically identified as a limiting condition Ppursuant to Section paragraph 40B-2.381(2)(d), the duration of permits shall be as provided in s. 373.236, Florida Statutes, the District shall issue permits with 20-year durations when the applicant requests a 20-year duration as part of its permit application and provides reasonable assurance that the District’s conditions for permit issuance will be met for 20 years. The Legislature has established four exceptions to the 20-year maximum permit duration:
(a) The District may issue permits with up to a 50-year duration to a municipality or other governmental body, or to a public works or public service corporation, when required to provide for the retirement of bonds for the construction of waterworks or waste disposal facilities.
(b) The District shall issue permits with at least a 20-year duration when the permit is approved for the development of alternative water supplies.
(c) When a private, rural landowner makes an extraordinary contribution of land or construction funding to enable the expeditious implementation of an alternative water supply development project, the District may issue permits with up to a 50-year duration to a municipality, county, special district, regional water supply authority, multi-jurisdictional water supply entity, and public or private utilities. However, this provision does not apply to public or private utilities created for or by a private landowner after April 1, 2008. An applicant that requests a longer duration permit under this paragraph must have an agreement with the landowner to efficiently pursue an alternative public water supply development project identified in the District’s regional water supply plan and meeting the water demands of both the applicant and the landowner. In addition, reasonable assurances must be provided that the District’s conditions for issuance will be met for the duration of the permit. All such permits will require submittal of a compliance report every five years to maintain reasonable assurance that the conditions for permit issuance applicable at the time of review of the compliance report are met, following which the Governing Board may modify the permit as necessary to ensure that the use meets the conditions for issuance.
(d) The District shall issue permits with at least a 25-year duration when the permit is approved for a renewable energy generating facility or the cultivation of agricultural products on lands consisting of 1,000 acres or more for use in the production of renewable energy, as defined in Section 366.91(2)(d), F.S. The duration shall be based on the facility’s anticipated life provided reasonable assurances are provided that the conditions for issuance will be met for that time period. Otherwise, the permit will be issued for a shorter duration that reflects the longest period for which such reasonable assurances are provided.
(2) The Governing Board shall require five-year compliance reports for permits with 20-year or longer durations issued pursuant to paragraph (1)(a), (b) or (d) above when necessary to maintain reasonable assurance that the initial conditions for permit issuance will continue to be met for the 20-year or longer duration.
(3) All other permits shall have shorter durations based upon the period of time for which reasonable assurances are provided that the District’s conditions for permit issuance are met.
(4) Additional information including the data requirements for the five-year compliance reports and special duration factors are contained in the District’s Water Use Permitting Guide.
Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.236 FS. History–New 10-1-82, Amended_______.
40B-2.331 Modification of Permits.
(1) A permittee may seek modification of any terms of any terms of an unexpired permit as follows and consistent with Rule 40B-1.709, F.A.C:.
(1) A permittee may apply for modification by letter to the District:
(a) If the proposed modification involves an increase of water use of less than 100,000 gallons per day provided that the type of permit required does not change, and such modification does not change the water use class; or
(b) if the proposed modification would result in a more efficient use of water than is possible under the existing permit; or
(c) if the proposed modification is for replacement of the source with an alternative water supply source, and
(d) If the expiration date of the permit is not changed and the location of the withdrawal is not changed pursuant to Section 373.239, Florida Statutes.
Either the Executive Director, the Assistant Executive Director, or the Deputy Executive Director shall approve qualifying proposed letter modifications under this subsection without a hearing, except that any request for modification recommended for denial shall be presented to the Governing Board for final agency action.
(2) All other permit modification applications shall comply with the requirements of Section 373.229, F.S., and shall contain all of the information required by the permit conditions and by Rule 40B-2.101, F.A.C. This shall include all permits that have been previously considered by the Governing Board for issuance.
(3) All requests to modify the terms of an unexpired permit shall be evaluated under the criteria of Rule 40B-2.301, F.A.C., and subject to the limiting conditions in Rule 40B-2.381, F.A.C.
(4) Following the District’s review of a five-year compliance report, the Governing Board may modify the permit to ensure that the use meets the conditions for permit issuance.
(5) The Governing Board may issue an order to modify an existing use when conditions warrant such action in order to obtain the most beneficial use of the water resources of the state and to protect the public health, safety, and welfare and the interests of the water users affected. Such order must include a finding by the Governing Board that the use proposed to be modified is detrimental to other water users or to the water resources of the state.
(2) The Board may at any time during which a permit is valid modify a permit or delete or modify any limiting conditions on a permit to insure the continued reasonable and beneficial use of water. Such action may be taken only after proper notice to the permittee and notice of the proposed modification pursuant to Section 120.60(7), Florida Statutes.
Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.175, 373.216, 373.219, 373.246 FS. Law Implemented 120.60, 373.083, 373.171, 373.219, 373.223, 373.229, 373.239, 373.246 FS. History– New 10-1-82, Amended 5-1-83,________.
40B-2.341 Revocation of Permits.
(1) The Governing Board may revoke a permit in whole or in part, permanently or for a lesser period, as provided in Sections 373.243(1), (2) and (3), F.S., for any material false statement, a willful violation of a permit condition, or a violation of any provision of this chapter.
(2) The Governing Board may revoke a permit permanently and in whole for non-use of the water for a period of two years or more, unless the permittee can prove that the non-use was due to extreme hardship caused by factors beyond the permittee’s control, unless the permit is for a renewable energy generating facility or the cultivation of agricultural products on lands consisting of 1,000 acres or more for use in the production of renewable energy, as defined in subsection 366.91(2)(d), F.S., in which case the Governing Board may only revoke the permit for non-use of the water for a period of four or more years.
(3) The permittee may formally request, in writing, the Governing Board to revoke the permit permanently and in whole.
(4) The Governing Board may revoke a permit when it finds that the water use has ceased to be reasonable or beneficial as the use is detrimental to other water users or to the water resources of the state.
The Board may, at any time after notice and hearing, revoke a permit, in whole or in part, temporarily or permanently pursuant to the provisions of Sections 373.243 and 120.60(7), Florida Statutes.
Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 120.60, 373.171, 373.243 FS. History–New 10-1-82, Amended_________.
(Substantial rewording of Rule 40B-2.351 follows. See Florida Administrative Code for present text.)
40B-2.351 Transfer of Permits.
Form 40B-2.351A: Water Use Permit Transfer Form is hereby incorporated by reference. This form is available at District headquarters and on the District’s website.
(1) Persons who wish to continue a permitted water use and who have acquired ownership of the land on which facilities are located, shall apply to the District within 90 days of acquiring ownership of such land, to transfer the permit. The applicant shall request such transfer by letter or submittal of the above-referenced form and shall reference the permit number in the letter. The District shall transfer the permit provided the previously permitted use remains the same.
(2) Notwithstanding the provisions of subsection (1) above, the District will notify the current owner in writing of the need to transfer the permit in order to continue the water use upon discovery of a change in property ownership. The owner must request permit transfer within 90 days of receipt of notification from the District. The permit will be transferred in accordance with this section.
(3) Persons who apply to transfer a permit under subsection (1) above and propose to change the source, use, or withdrawal quantity or source quality from those specified in the permit, must follow the procedures for modification in Rule 40B-2.331, F.A.C.
(4) All water use under a transferred permit must comply with the terms and conditions of that permit.
(5) A permit not transferred as prescribed herein shall be void without any further action by the District.
Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.239 FS. History–New 10-1-82, Amended ________.
40B-2.361 Renewal of Permits.
(1) An application Applications for permit renewal of permits may be made at any time within one year during the last year of the term of the expiration date, unlessan unexpired permit and at such other time as the permittee can show good cause for earlier consideration. All permit renewal applications should be submitted to the District at least 90 days prior to the expiration date.
(2) All permit renewal applications shall be processed treated in the same manner as the original initial application and shall contain reasonable assurances that the proposed water use meets all of the conditions for issuance in Rule 40B-2.301, F.A.C., and the Water Use Permitting Guide.
(3) If an application and appropriate fee for renewal are not received either prior to or by the permit expiration date, the permit shall expire without any action by the District.
Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.219, 373.223, 373.229, 373.239 FS. History–New 10-1-82, Amended_________.
(Substantial rewording of Rule 40B-2.381 follows. See Florida Administrative Code for present text.)
40B-2.381 Limiting Conditions.
(1) The Governing Board may impose such reasonable conditions upon any water use permit as are necessary to assure that the proposed use of water is consistent with the overall objectives, policy, and purpose of the District and will not be harmful to the water resources of the District.
(2) Standard limiting conditions that will be placed on every water use permit are contained in section 3.6.1., Water Use Permitting Guide.
(3) Special limiting conditions for each water use class designated in Rule 40B-2.501, F.A.C., are contained in section 3.6.2., Water Use Permitting Guide.
Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.216, 373.219 FS. Law Implemented 373.116, 373.216, 373.219, 373.223, 373.227, 373.236, 373.250 FS. History–New 10-1-82, Amended 5-1-83,_________.
40B-2.441 Temporary Water Use Permits.
(1) In order for a temporary permit to be necessary prior to final action on the application, there must exist a serious set of unforeseen or unforeseeable circumstances. Temporary permits expire on the day following the next regular meeting of the Governing Board.
(2) The Governing Board hereby delegates to the Executive Director the authority to issue temporary permits in accordance with Section 373.244, Florida Statutes, provided that:
(a) An application for a water use permit is pending;
(b) The proposed use appears reasonable-beneficial based on information submitted by the applicant at the time of the request for the temporary water use permit; and
(c) A temporary permit is necessary prior to final action on the application.
(3) In accordance with Section 373.244, F.S., the Governing Board shall consider the following in determining whether to either extend, modify or terminate a temporary permit:
(a) The water use appears reasonable-beneficial; or
(b) Adverse effects are occurring as a result of the water use; or
(c) The water use is no longer an emergency.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.223, 373.229, 373.244 FS. History–New _________.
40B-2.451 Emergency Authorization for Withdrawal or Diversion.
Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 120.60(5), 373.113, 373.219, 373.223, 373.229, 373.244 FS. History–New 10-1-82, Repealed_________.
40B-2.501 Classification of Permits.
Each permit Permits for water use at the time of issuance shall be assigned one or more to a classifications according to the source(s) of supply, method(s) of withdrawal extraction, and use(s) of the water. The classifications shall be as follows:
(1) Source of Supply Classes.
(a) Surface Water. Withdrawals from surfacewater bodies shall be classified by the basin or subbasin as specified by rule or the Board. The Board may further classify the permit by the specific surfacewater source.
(b) Ground Water. Withdrawals from groundwater aquifers shall be classified as by the source aquifer either Confined Floridan Aquifer, Unconfined Floridan Aquifer, Secondary Artesian Aquifer, or Surficial Water Table Aquifer as appropriate. Further, the classification for withdrawals from the Floridan Aquifer shall include a reference to the confined or unconfined condition of the aquifer.
(c) Alternative Water Supplies.
(2) Method of Withdrawal Classes Extraction.
(a) Pumped
(b) Diverted
Unless otherwise noted in the permit classification, the method of extraction shall be considered mechanical extraction by use of pumps.
(3) Water Use Classes and Subclasses. Each water use permit shall be assigned to one or more of the following use classes or subclasses where appropriate:
(a) Agriculture Essential Use
1. Livestock
2. Aquaculture
3. Nursery
4. Crops, Fruits, and Vegetables
5. Forage, Pasture, and Sod
(b) Commercial Self-supplied Residential Use
1. Industrial
2. Mining
3. Power Plant
4. Hydrostatic Testing
5. Golf Course
6. Recreation
7. Landscape
8. Bottled Water
9. Other Commercial
(c) Potable Water Supply Climate Control Use
1. Public Supply
2. Private Utility
3. Non-Community Water Supply
(d) Augmentation Water Utility Use
(e) Other Power Production Use
(f) Commercial/Industrial Use
(g) Landscape Irrigation Use
(h) Golf Course Use
(i) Agricultural Use
(j) Nursery Use
(k) Aquacultural Use
(l) Water-based Recreation Use
(m) Aesthetic Use
(n) Other Outside Uses
(o) Augmentation Use
These classifications do not establish either reasonable-beneficial use, or any priority ranking of source, withdrawal method, or water use classes.
Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.219 FS. Law Implemented 373.216, 373.216, 373.036, 373.113, 373.246 FS. History–New 10-1-82, Amended 5-1-83, ________.
40B-2.751 Investigation, Enforcement, and Penalties.
Rulemaking Specific Authority 373.044, 373.129, 373.219(2) FS. Law Implemented 373.043, 373.044 FS. History–New 10-1-82, Repealed________.
40B-2.781 Enforcement.
The District is authorized to file an administrative complaint for corrective action or seek an injunction or other relief in the courts of this state when it appears there is either a violation of Chapter 373, F.S., District rules, or permit conditions. The District is further authorized to seek civil penalties and recovery of its investigative costs, court costs, and reasonable attorney’s fees. The Governing Board hereby delegates to the Executive Director the authority to initiate the above described judicial enforcement proceedings, provided the Executive Director reports these actions to the Governing Board at its next regularly scheduled meeting.
Rulemaking Authority 373.044, 373.083, 373.119, 373.129, 373.136, 373.219(2) FS. Law Implemented 373.044, 373.119, 373.129, 373.136, 373.243 FS. History–New________.