7535171, 40D-2.091 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 7535171

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.091	Publications and Forms Incorporated by Reference
40D-2.301	Conditions for Issuance of Permits
40D-2.321	Duration of Permits
40D-2.322	Population and Impact Analysis and Verification of 10-year Requirements (Repealed)

PURPOSE:

The rulemaking is intended to set forth the conditions to be met to obtain a water use permit with a 20 year duration and eliminates six year permit durations. The proposed amendments also set forth the conditions under which a 10 year duration will be issued and those conditions for which permit durations for greater or less than 10 years or 20 years is appropriate. In addition, the rulemaking is intended to set forth environmental resource permitting requirements for issuance of a water use permit for multi-phase projects that require both a water use permit and an environmental resource permit.

SUMMARY:

The proposed amendments are to the District’s water use permitting rules in Chapter 40D-2, F.A.C., and Part B, Basis of Review For Water Use Permit Applications, of the Water Use Permit Information Manual regarding the standards that must be met if an applicant elects to apply for a water use permit with a duration of 20 years, and also addresses durations for permits that do not meet the criteria for a 20 year permit. Small General permits will be issued with a 20 year duration. General or Individual permits applicants may elect to request a permit with up to a 20 year permit duration the applicant elects to demonstrate or commit to development of alternative water supplies; or a per capita water use rate of 110 gallons or less; or exceptional implementation of reclaimed water; or an approved FARMS system and meets other conditions; and if there are any pre-existing adverse impacts resulting from the permittee’s existing permit being addressed through a mitigation plan that includes a minimum flow and level recovery strategy the impacts must be eliminated by the tenth year of the permit. The proposed rules describe when permit compliance reports are required and the information to be reported for 20 year permits. Agricultural permits issued for 20 year permits will be required to submit documentation confirming property ownership and water use activities as specified in the permit. The proposed rules also eliminate six year duration permits so that longer durations of 10 or 20 years are issued instead subject to environmental or other considerations. Finally, the rulemaking sets forth environmental resource permitting requirements for issuance of a water use permit for multi-phase projects that require both a water use permit and an environmental resource permit. The rulemaking specifies that phosphate mining projects are not required to have a complete environmental resource permit application prior to the issuance of a water use permit.

RULEMAKING AUTHORITY:

373.044, 373.103, 373.113, 373.118, 373.171 FS.

LAW:

373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.103, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.236, 373.239, 373.243 FS.

PRINT PUBLISH DATE:

8/28/2009 Vol. 35/34

COMMENTS:

From 8/28/2009 To 9/18/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.