19430378, 40C-2.031 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 19430378

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

PERMITTING OF CONSUMPTIVE USES OF WATER

Overview

RULE:

40C-2.031	Implementation
40C-2.041	Permits Required
40C-2.042	General Permit by Rule
40C-2.051	Exemptions
40C-2.101	Publications Incorporated by Reference
40C-2.301	Conditions for Issuance of Permits
40C-2.331	Modification of Permits
40C-2.900	Forms and Instructions

PURPOSE:

The purposes and effects of the proposed rule amendments are to: (1) delete 40C-2.031(1)(e), consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (2) clarify surface water intake diameter in 40C-2.041(1)(e) and 40C-2.041(3)(e); (3) delete the secondary user permit requirement in 40C-2.041(1)(f) and make conforming changes throughout 40C-2; (4) create new requirement that only one consumptive use permit (CUP) application can remain pending at a time, subject to certain exceptions for renewals and letter modifications, in new 40C-2.041(8)-(10); (5) clarify that the general permit by rule for irrigating agricultural crops and nursery plants in 40C-2.042(1) is limited to certain agricultural lands; (6) clarify the irrigation zone for new plantings for the landscape irrigation general permit by rule in 40C-2.042(2)(a)3.b., consistent with existing 40C-2.042(1)(d); (7) amend 40C-2.042(10) to simplify criteria for the environmental restoration and enhancement general permit by rule (GPR) and allow transfer of the GPR to certain local governments; (8) amend 40C-2.042(11) to simplify criteria for the general permit by rule for certain aquifer performance tests (APT); (9) amend 40C-2.042(12) to allow certain grandfathered existing HVAC system wells to be used for domestic heating and cooling, and irrigation of one acre or less of landscape in accordance with 40C-2.042(8), F.A.C., without a return well; (10) create a new general permit by rule for certain temporary emergency water uses in 40C-2.042(13); (11) expand the permit exemption for fire protection in 40C-2.051(9); (12) delete 40C-2.051(11), consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (13) amend 40C-2.101(1)(a) to incorporate an amended Applicant’s Handbook, Consumptive Uses of Water (AH), which amendments are described further below;  (14) delete water quality permitting criterion in 40C-2.301(2)(h) to be consistent with the other water management districts, and make conforming changes throughout 40C-2; (15) delete unnecessary limitation on use of permit modifications by letter in 40C-2.331(1)(c)4.; (16) expand use of permit modifications by letter in 40C-2.331(1)(c)7.b. for replacing or relocating certain wells; (17) amend 40C-2.900(7) to clarify Line 4A of incorporated Form No. 40C-2.900(7) (Water Audit Form); and (18) make conforming changes, corrections, and clarifications throughout. The amendments to 40C-2.101(1)(a) and the Applicant’s Handbook, Consumptive Uses of Water (AH) will: (1) delete references to secondary users throughout the Applicant’s Handbook, consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (2) amend the criteria in Section 1.4.3.3(a) for a modification of a permit by letter, consistent with the amendment to 40C-2.331(1)(c); (3) amend Sections 1.4.5.3.2 through 1.4.5.3.4 regarding administrative denials; (4) amend a staff-issued permit threshold in Section 1.4.5.5.2, consistent with the amendment to 40C-2.041(4)(e).; (5) add “market conditions” to the factors listed in Section 1.5.4 for agricultural consumptive use permits for irrigation that will not result in a reduction of the permitted allocation during the term of the permit; (6) delete Sections 2.3(h) and 5.2(f)-(h), consistent with the deletion of 40C-2.301(2)(h); and (7) make conforming changes, corrections, and clarifications throughout, consistent with the amendments to 40C-2 described above.

SUMMARY:

The proposed rule amendments will: (1) delete the secondary user permit requirement in 40C-2.041(1)(f) and make conforming changes throughout; (2) generally only allow one pending CUP application at a time in 40C-2.041(8)-(10); (3) expand and clarify the general permits by rule in 40C-2.042, including creating a new general permit by rule for certain temporary emergency water uses; (4) expand the permit exemption for fire protection in 40C-2.051(9); (5) delete the water quality permitting criterion in 40C-2.310(2)(h) and making conforming changes throughout; (6) expand use of permit modifications by letter in 40C-2.331(1)(c)7.b. and delete unnecessary limitation on use of permit modifications by letter in 40C-2.331(1)(c)4.; (7) amend 40C-2.900(7) to clarify Form No. 40C-2.900(7) (Water Audit Form); (8)  add “market conditions” to the factors listed in Section 1.5.4 for agricultural consumptive use permits for irrigation that will not result in a reduction of the permitted allocation during the term of the permit; and (9) make conforming changes, corrections, and clarifications throughout. All the proposed rule amendments would become effective on July 1, 2018.

RULEMAKING AUTHORITY:

373.044, 373.109, 373.113, 373.118, 373.171, FS.

LAW:

373.118, 373.219, 373.223, 373.224, 373.226, 373.227, 373.229, 373.236, 373.239, 373.243, 373.246, 373.250, FS.

PRINT PUBLISH DATE:

9/21/2017 Vol. 43/183

COMMENTS:

From 9/21/2017 To 10/12/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-04429 Water Audit Form and Instructions (Form Number 40C-2.900(7))
Ref-04443 Applicant's Handbook: Consumptive Uses of Water (Appendix G)
Ref-05972 Applicant's Handbook: Consumptive Uses of Water
Ref-05973 Applicant's Handbook: Consumptive Uses of Water (Appendix I)

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