Notice of Development of Rulemaking

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District
RULE NO.: RULE TITLE:
40C-2.101: Publications Incorporated by Reference
PURPOSE AND EFFECT: This rule development will address the development and amendment of consumptive use permit criteria and conditions relating to the reuse of reclaimed water. The purpose of the rule development is to implement the provisions of Sections 373.250(3)(c)-(d) of the Florida Statutes, which mandate rules to require that permit applicants provide written documentation from a reuse utility on the availability of reclaimed water. The effect of this process will be the development of proposed rule amendments to Chapter 40C-2, F.A.C., and the Applicant’s Handbook: Consumptive Uses of Water (incorporated by reference in subsection 40C-2.101(1), F.A.C.). The amendments will ensure that each permit applicant provides written documentation from a reuse utility on the availability of reclaimed water and will specify the content of the documentation required, including enough information on the availability and costs associated with the connection to and the use of reclaimed water, to facilitate the permit applicant’s evaluation of reclaimed water feasibility.
SUBJECT AREA TO BE ADDRESSED: Consumptive use permit criteria and conditions applicable to the required documentation from a reuse utility on the availability of reclaimed water, and the specific content required for such documentation, as part of a permit applicant’s evaluation of reclaimed water feasibility. Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.216, 373.219, 373.223, 373.229, 373.250, 373.239 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 1, 2012, 10:00 a.m. – 12:00 Noon
PLACE: Florida Department of Environmental Protection, Northeast District, 7825 Baymeadows Way, Suite B200, Jacksonville, Florida 32256
DATE AND TIME: February 2, 2012, 10:00 a.m. – 12:00 Noon
PLACE: City of Sanford, 300 North Park Avenue, Sanford, Florida 32771
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32178-2529, (386)326-3026, email address wgaylord@sjrwmd.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32178-2529, (386)326-3026, email address wgaylord@sjrwmd.com

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40C-2.101 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference parts I, II, and III, the “Water Conservation Public Supply” requirements in Appendix I, and “Legal Description of the Central Florida Coordination Area of the St. Johns River Water Management District” in Appendix L of the document entitled “Applicant’s Handbook, Consumptive Uses of Water,” (effective date) 12-27-10. The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions that pertain to the District’s administration of the consumptive use permitting program.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.073, 373.079, 373.083, 373.103, 373.109, 373.196, 373.219, 373.223, 373.229, 373.233, 373.236, 373.239, 373.250, 373.62 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06, 2-13-08, 8-12-08, 3-8-09, 12-27-10,__________.

 

APPLICANT’S HANDBOOK SECTIONS

10.3 Reasonable Bbeneficial Use Criteria

(a) through (e) No change.

(f) When reclaimed water is readily available it must be used in place of higher quality sources unless the applicant demonstrates that its use is either not economically, environmentally, or technologically infeasible.

In determining whether reclaimed water is readily available, the District will consider the following factors:

(1) through (3) No change.

(4) any other relevant information, including the documentation required in paragraph 5 immediately below.

(5) Applicants for withdrawals to be located within an area depicted by the District on its website as an area that is or may be served with reclaimed water by a reuse utility within five years from the date of application shall provide written documentation from the applicable reuse utility, addressing the availability of reclaimed water. The applicant shall request the reuse utility to provide a letter stating that reclaimed service is not available, or providing the following information:

1) Whether a reclaimed water distribution line is at the applicant’s property boundary. If not, provide the following:

a) An estimate of the distance in feet from the applicant’s property to the nearest potential connection point to a reuse line.

b) The date the reuse utility anticipates bringing the connection to the applicant’s property boundary.

2) If reclaimed water is available at the property boundary:

a) The peak, minimum, and annual average daily quantity in gallons per day of reclaimed water supply available from the nearest potential connection point, as well as expected average monthly quantities.

b) The reliability of the potential reclaimed water supply (i.e., on-demand 24/7, or bulk-interruptible diurnal or seasonal, length of supply agreement, or other basis).

c) The typical operating pressures at which the reuse utility will provide reclaimed water at the nearest connection point to the applicant’s property, including any typical seasonal or other fluctuations in the operating pressure.

3) All costs associated with the applicant’s use of reclaimed water:

a) The reclaimed water rate or rates the reuse utility would charge the applicant (e.g., the cost per 1000 gallons) and any other periodic fixed or minimum charges for use of reclaimed water by the applicant.

b) Any other one-time charges for the connection to the reuse.

c) Whether the reuse utility helps fund potential reclaimed customers’ costs to connect to the reclaimed line or convert its operation to use reclaimed water.

4) The water quality parameters of the reclaimed water for the constituents that the applicant identifies as pertinent to the intended use.

5) Any additional information the reuse utility thinks the applicant should consider in evaluating the economic, environmental, or technical feasibility of its using reclaimed water, including any reclaimed water availability charges the reuse utility would impose if the applicant chose not to connect to the reclaimed water system.

If the reuse utility fails to respond or does not provide the information within 30 days after receipt of the applicant’s request, the applicant shall provide the District a copy of the applicant’s written request and a statement that the utility failed to provide the requested information. If the reuse utility provides a partial response, the applicant shall also provide that to the District.

Rulemaking Authority 1012.34 FS. Law Implemented 1012.34 FS. History–New________.