40D-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose of this rulemaking is to amend section 5.1 of the Water Use Permit Information Manual Part B, “Basis of Review” to specify when water use permittees are required to submit the Flow Meter Accuracy Verification Form, LEG-R.021.01(4/09), and incorporate the revised Basis of Review by reference. The effect will be to require the submittal of the Flow Meter Accuracy Verification Form, required every 5 years, during a specific month depending upon the county in which the permitted water withdrawal facilities are located.
SUMMARY: Water use permittees required to monitor and report water withdrawal quantities to the District are also required to maintain accurate totalizing flow meters on each withdrawal facility. Permit conditions require the testing of flow meters and submittal of the Flow Meter Accuracy Verification Form to the District at a minimum of once every 5 years. Use of the reporting form was first added to permits located within the Southern Water Use Caution Area in January 2003, which resulted in most forms being due in January 2008. The high demand for water meter testing could not be met by the limited number of certified meter testing companies, which resulted in many delays and time extension requests, The large volume of reports that were submitted in January overwhelmed staff resources. To address this, the District is proposing to stagger the months for submittal of the report, which will now be due in a given month according to the county in which the withdrawal facilities are located. The form submittal months are intended to correlate with varied planting seasons among the counties where possible, in an effort to avoid making agricultural permittees turn withdrawal facilities on during off-season periods solely for testing purposes. It is anticipated that by spreading out the due dates for submittal of the form, testing companies will be able to target specific counties within the District and thereby reduce travel costs, which should result in lower costs passed on to affected permittees.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Costs was prepared to analyze anticipated costs associated with having to submit the required Flow Meter Accuracy Verification form in a specific assigned month. Approximately 1,792 water use permits have conditions requiring the testing and submittal of the Flow Meter Accuracy Verification form at least once every 5 years. Some 8,000 forms will be submitted District-wide. For this next round of reports, most of which will be due in 2012, some permittees will have to submit their forms anywhere from 1-11 months earlier than they would under existing rules. Approximately 730 or 9% will have due dates that are 11 months earlier. The costs for flow meter testing are estimated to range from $400 for a single meter located a great distance from a meter testing company, to $150 per meter for multiple meters located close to a meter testing company. Based on a median of $275 per meter, the one-time “opportunity cost” associated with having to have a meter tested for accuracy on an accelerated schedule (thus having to save more for testing over a shorter timeframe) is estimated to range from $5 per test for 1 month early to about $50 per test for 11 months early submittal. The amendments are not anticipated to create transactional costs for small businesses, small cities or small counties. Some permittees may benefit from reduced meter testing costs as a result of county-specific due dates, which will allow the testing companies to realize cost efficiencies by targeting specific areas of the District.
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, 373.171 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.
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, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4660
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-2.091 Publications and Forms Incorporated by Reference.
(1) The following publications are hereby incorporated by reference into this Chapter, and are available from the District’s website at www.watermatters.org or from the District upon request:
(a) Water Use Permit Information Manual Part B, “Basis of Review (_____) (11-2-09) and
(b) No change.
(2) No change.
Rulemaking 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, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10,________.
Water Use Permitting Information
Manual Part B – Basis of Review (BOR)
5.1. WITHDRAWAL QUANTITY.
Flow Meter Verification.
The following requirements pertain to the required flow meter testing:
1. The Flow Meter Accuracy Verification Form, Form No. LEG-R.021.01 (4/09), incorporated by reference in paragraph 40D-2.091(2)(a), F.A.C., reference above under the heading “Flow Meters” 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 data that was input, this shall be submitted with the worksheet. The equipment’s water temperature shall be set to 72° F degrees for ground water, and for other water sources the measured water temperature shall be used.
2. through 6. No change.
7. Flow meters shall be tested in place for accuracy at a minimum of once every five years beginning from the flow meter’s date of installation or from the date of initial issuance of the 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. Results of the flow meter accuracy testing shall be reported to the District on the Flow Meter Accuracy Verification Form, Form No. LEG-R.021.01 (04/09), and shall be submitted no later than the end of the month indicated below for the county in which the permitted withdrawal facility or a majority of the permitted withdrawal facilities are located:
a. January Hillsborough
b. February Manatee, Pasco
c. March Polk – Permits ending in odd base number
d. April Polk – Permits ending in even base number
e. May Highlands
f. June Hardee, Charlotte
g. September DeSoto, Sarasota
h. October Citrus, Levy, Lake
i. November Hernando, Sumter, Marion
j. December Pinellas