RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
40D-2.321: Duration of Permits
40D-2.322: 20 Year Permit Requirements
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35, No. 34, August 28, 2009, Vol. 35, No. 36, September 11, 2009, Vol. 35, No. 51, December 24, 2009 and Vol. 36, No. 6, February 12, 2010, issues of the Florida Administrative Weekly.
Changes are made to address comments received from the Joint Administrative Procedures Committee on Rules 40D-2.091, 40D-2.321 and 40D-2.322, F.A.C., which are part of the rules referred to as “20-Year WUP rules”. The changes also include combining the amendments to Rule 40D-2.321, F.A.C., being proposed as part of the 20-Year WUP rules with amendments proposed to that rule as part of the “Enhanced Conservation rules” and that are withdrawn on March 5, 2010. The 20-Year WUP rules consist of amendments to Rules 40D-1.607, 40D-2.091, 40D-2.301, and 40D-2.321 and proposed Rule 40D-2.322, F.A.C. The changes to certain of the 20-Year WUP rules are as follows:
40D-2.091 Publications Incorporated by Reference.
(1) through (2) No change.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.0363, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.1963, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250 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, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 11-2-09,________.
The following document is incorporated by reference in 40D-2.091 and paragraph 6. of section 2.1 is changed as follows:
WATER USE PERMIT INFORMATION MANUAL
PART B, BASIS OF REVIEW
2.0 ADMINISTRATIVE CONSIDERATIONS
2.1 CONTROL OF PROPERTY AND ACTIVITIES
6. Permittees shall periodically confirm that the water use activities conducted by the permittee continue to be consistent with the permit and that the information included in the permit continues to be accurate. The dates for this confirmation will be specified in water use permits based upon the use type authorized by the permit and the likelihood that the water use activities and information in the permit will change over the duration of the permit. As specified in the permit, agricultural permittees shall periodically submit written documentation confirming property ownership and that the permitted water use activities are consistent with the approved permit.
40D-2.321 Duration of Permits.
(1) When requested by an applicant, a water use permit shall have a duration of 20 years if:
(a) The applicant provides reasonable assurance that the proposed withdrawals and use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in Part B, Basis of Review, of the Water Use Permit Information Manual, incorporated by reference in Rule 40D-2.091, F.A.C., and
(b) There is a demonstrated demand of at least 20 years, and
(c) That Oone or more of the conditions criteria in paragraph (2)(a)-(f) will be met, and
(d) Where mitigation measures are proposed by the applicant, paragraph (2)(g) is met.:
(2) Conditions for a water use permit with a duration of 20 years:
(a) through (f) No change.
(g) Any pre-existing adverse impacts resulting from the permittee’s existing permit that are being addressed through a mitigation plan that includes a minimum flow and level recovery strategy must be eliminated by the tenth year of the permit.
(2) through (3) renumbered (3) through (4) No change.
(5)(4) Permits with a duration greater than 10 but less than 20 years as provided in subsection (1)(2) above shall be granted based upon the period of time for which the applicant demonstrates a demand and provides reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in Part B, Basis of Review, of the Water Use Permit Information Manual facts presented by an appliicant.
(5) through (7) renumbered (6) through (8) No change.
(9) Wholesale Public Supply Permits shall be issued with an expiration date that coincides with the expiration date of the supplier’s permit that provides the majority of the supply to the Wholesale Public Supply Permittee.
(10)(8) No change.
Rulemaking Specific Authority 373.044, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.219, 373.223, 373.227, 373.236, 373.250 FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 1-6-82, 3-11-82, Formerly 16J-2.13, Amended 10-1-89, 7-28-98, 1-1-03, 1-1-07, 2-13-08, 12-30-08,________.
40D-2.322 Population and Impact Analysis and Verification of 10-year Requirements 20 year Permit Requirements.
(1) through (3) No change.
(4) Permits that are issued for 20 year duration based on meeting the conditions requirements set forth in paragraph 40D-2.321(2)(1)(b), (c), (d) or (e), F.A.C., within 10 years shall include a timeline of activities proposed to result in achieving these requirements, and progress reports. If these requirements are not achieved within 10 years, the permit duration shall revert to the applicable duration provided in Rule 40D-2.321, F.A.C., unless this reversion would result in the permit having expired or less than a year of remaining duration. In such cases, the permit will expire one year following the final determination of non-achievement and will be limited to a permitted quantity that equals an additional two years future demand beyond current demand, as determined pursuant to section 3.0 of Part B, Basis of Review, of the Water Use Permit Information Manual incorporated by reference in Rule 40D-2.091, F.A.C., from the point of final determination of non-achievement.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.219, 373.223, 373.227, 373.236, 373.250 FS. History–New_________.