40C-2: Content and Processing of Applications, Publications Incorporated by Reference, Conditions for Issuance of Permits, Forms and Instructions [ Posted on 8/12/2010 ]

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) require that when a CUP application is requesting authorization to use water to irrigate landscape, golf course, or recreational areas for a project that will require a 40C-4 or 40C-40 environmental resource permit (ERP) that such applicant must also apply concurrently for the ERP; (2) require that such concurrent CUP and ERP applications will be reviewed by the District in a consolidated manner, with the CUP application not being considered complete until the ERP application is also complete, and if either application fails to meet the conditions for issuance then both the CUP and ERP applications will be denied; (3) clarify that at a preapplication conference, the District will also be available to discuss consolidated review of any related ERP application; (4) establish that a CUP application must either be submitted electronically via the District’s website or delivered to the address indicated on the application form and clarify the content and processing of CUP applications; (5) require that when a CUP application requires a concurrent ERP application submittal that the applicant must submit the required ERP application and all appropriate permit processing fees; (6) amend the conditions for issuance in 40C-2.301, F.A.C., to reflect the new requirements regarding consolidated review of CUP and ERP applications (no text is available yet for the proposed change to 40C-2.301); (7) revise the CUP application form to update the contents and include the concurrent application requirements.

40C-20: General Permit for Water Use, Forms and Instructions [ Posted on 8/12/2010 ]

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) require that when a CUP application is requesting authorization to use water to irrigate landscape, golf course, or recreational areas for a project that will require a 40C-4 or 40C-40 environmental resource permit (ERP) that such applicant must also apply concurrently for the ERP; (2) require that such concurrent CUP and ERP applications will be reviewed by the District in a consolidated manner, with the CUP application not being considered complete until the ERP application is also complete, and if either application fails to meet the conditions for issuance then both the CUP and ERP applications will be denied; (3) clarify that at a preapplication conference, the District will also be available to discuss consolidated review of any related ERP application; (4) establish that a CUP application must either be submitted electronically via the District’s website or delivered to the address indicated on the application form and clarify the content and processing of CUP applications; (5) require that when a CUP application requires a concurrent ERP application submittal that the applicant must submit the required ERP application and all appropriate permit processing fees; (6) amend the conditions for issuance in 40C-2.301, F.A.C., to reflect the new requirements regarding consolidated review of CUP and ERP applications (no text is available yet for the proposed change to 40C-2.301); (7) revise the CUP application form to update the contents and include the concurrent application requirements.

40C-4: Publications Incorporated by Reference, Content and Processing of the Application, Permit Processing Fee, Conditions for Issuance of Permits, Forms and Instructions [ Posted on 8/12/2010 ]

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) require ERP applicants under 40C-4 or 40C-40 to concurrently submit CUP applications where their proposed projects will contain irrigated landscape, golf course, or recreation areas that require a CUP; (2) require that such concurrent ERP and CUP applications will be reviewed by the District in a consolidated manner, with the ERP application not being considered complete until the CUP application is also complete and if either application fails to meet the applicable conditions for issuance then both the ERP and CUP applications will be denied; (3) create a new ERP criterion that a proposed system that will contain irrigated landscape, golf course, or recreational areas “not adversely impact the availability of water for reasonable-beneficial uses;” (4) create water conservation requirements, which satisfy the new criterion to not adversely impact the availability of water for reasonable-beneficial uses, including: (i) require an irrigation plan that meets criteria to conserve water, including requirements that no more than 60% of the pervious portion of a lot can be irrigated with high-volume sprinklers, sprinkler spacing and precipitation rate limits, prohibiting irrigation of non-vegetated areas, limiting irrigation of landscaped road medians to certain highly efficient irrigation methods unless the water source is stormwater or reclaimed water, and requiring that all in-ground irrigation systems are separately metered; (ii) require use of lower quality water sources unless the applicant demonstrates that it is not economically, environmentally, or technologically feasible; and (iii) require that the use of Florida-Friendly landscaping not be prohibited; (5) create requirements to ensure that the long-term operation and maintenance entity will enforce the water conservation plan requirements; (6) clarify that at preapplication conferences, the District will also be available to discuss consolidated review of other permits and authorizations; (7) require that when an ERP application requires a concurrent application to be submitted that the applicant must submit all required applications and all appropriate permit processing fees; (8) clarify the 40C-40 standard ERP process; (9) clarify that an ERP application may be submitted electronically via the District’s website; (10) update the nomenclature in 40C-4 that 40C-40 permits are called “standard” ERPs; (11) clarify that an applicant can request that the District begin processing an incomplete ERP application; (12) revise the ERP application form to update the contents and include the concurrent application requirements; and (13) update statutory authority.

40C-40: Policy and Purpose, Standard Permit Applications, Forms and Instructions [ Posted on 8/12/2010 ]

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) conform 40C-40 to a proposed amendment in 40C-4 that requires ERP applicants under 40C-4 or 40C-40 to concurrently submit CUP applications where their proposed projects will contain irrigated landscape, golf course, or recreation areas that require a CUP; (2) conform 40C-40 to a proposed amendment in 40C-4 that requires that such concurrent ERP and CUP applications will be reviewed by the District in a consolidated manner, with the ERP application not being considered complete until the CUP application is also complete and if either application fails to meet the applicable conditions for issuance then both the ERP and CUP applications will be denied; (3) conform 40C-40 to a proposed amendment in 40C-4 that creates a new ERP criterion that a proposed system that will contain irrigated landscape, golf course, or recreational areas “not adversely impact the availability of water for reasonable-beneficial uses;” (4) conform 40C-40 to a proposed amendment in 40C-4 that creates water conservation requirements, which satisfy the new criterion to not adversely impact the availability of water for reasonable-beneficial uses, including: (i) require an irrigation plan that meets criteria to conserve water, including requirements that no more than 60% of the pervious portion of a lot can be irrigated with high-volume sprinklers, sprinkler spacing and precipitation rate limits, prohibiting irrigation of non-vegetated areas, limiting irrigation of landscaped road medians to certain highly efficient irrigation methods unless the water source is stormwater or reclaimed water, and requiring that all in-ground irrigation systems are separately metered; (ii) require use of lower quality water sources unless the applicant demonstrates that it is not economically, environmentally, or technologically feasible; and (iii) require that the use of Florida-Friendly landscaping not be prohibited; (5) conform 40C-40 to a proposed amendment in 40C-4 that creates requirements to ensure that the long-term operation and maintenance entity will enforce the water conservation plan requirements; (6) clarify that at preapplication conferences, the District will also be available to discuss consolidated review of other permits and authorizations; (7) conform 40C-40 to a proposed amendment in 40C-4 that requires that when an ERP application requires a concurrent application to be submitted that the applicant must submit all required applications and all appropriate permit processing fees; (8) clarify the 40C-40 standard ERP process; (9) update the nomenclature in 40C-40 that 40C-40 permits are called “standard” ERPs; (10) revise the ERP application form to update the contents and include the concurrent application requirements; and (11) update statutory authority.

40C-1: Permit Fees [ Posted on 8/9/2010 ]

PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to adopt and charge a fee when a request for modification of a consumptive use permit (CUP) is submitted by letter. Currently, if a letter modification request qualifies under 40C-2.331, F.A.C., then the District does not charge a fee for the modification. As part of related proposed rule amendments to Chapter 40C-2, F.A.C., the scope of allowed letter modifications will be expanded to include modifications that currently cost more than the proposed fees for letter modifications. The proposed rule amendment would: (1) create a $100 fee for letter modifications of Chapter 40C-2 (individual) CUPs; and (2) create a $50 fee for letter modifications of Chapter 40C-20 (standard general) CUPs.

40C-2: Publications Incorporated by Reference, Modification of Permits, Limiting Conditions, Permit Classification, Forms and Instructions [ Posted on 8/9/2010 ]

PURPOSE AND EFFECT: The purposes and effects of this rulemaking are to: (1) expand the types of modifications to consumptive use permits (CUPs) that can be requested by letter (rather by filling out and submitting a complete CUP application form); (2) clarify the procedures and criteria for all CUP modifications, including letter modifications; (3) revise and update the permit limiting conditions, and allow a permit limiting condition to be waived or modified when the condition is inapplicable to the activity authorized by the CUP; (4) repeal outdated general permit conditions (by type of use) and outdated special conditions; (5) reduce the number of water use types from 23 down to seven, define the water use types, and make changes to parts of the CUP Handbook incorporated by reference in 40C-2.900, F.A.C., and the CUP application form and other forms incorporated by reference in 40C-2.900, F.A.C., to conform to the new water use type categories; (6) revise and update the CUP application form and update rule references to this form; (7) adopt Water Use Record (EN-50) and Water Use Reporting Verification (EN-51) forms incorporated by reference in 40C-2.900, F.A.C.; (8) adopt Annual Statement of Continuing Use form incorporated by reference in 40C-2.900, F.A.C., as part of rulemaking to reduce water use reporting requirements for small water users (described below); (9) define “domestic use,” consistent with the statutory definition in subsection 373.019(6), F.S.; (10) revise the drought frequency used in determining the supplemental irrigation needed for agriculture from a two in ten year drought to a one in ten year drought, for consistency with the statutory requirement in section 373.0361, F.S.; (11) define “one in ten year drought” and repeal definition of “two in ten year drought” and make conforming changes; (12) clarify the requirements for supplemental irrigation models and expand the types of supplemental irrigations models allowed; (13) clarify rules that apply to permit transfers; (14) clarify monitoring requirements regarding water withdrawal quantities for CUPs initially issued prior to July 23, 1991 and clarify such monitoring for CUPs initially issued on or after July 23, 1991; (15) reduce water use reporting requirements for small users (with permitted CUP allocations not exceeding 100,000 gallons per day on an annual average), who will be allowed to annually submit an “Annual Statement of Continuing Use” rather than semi-annually submitting EN-50 forms; and (16) clarify that individual and standard general CUP applicants must submit a water conservation plan in their permit application.

40C-8: Minimum Surface Water Levels and Flows and Groundwater Levels [ Posted on 1/20/2010 ]

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to (1) adopt minimum water levels for the following lakes in the following counties: Lake Avalon and Lake Hiawassee in Orange County, and Johns Lake in Lake and Orange Counties; and (2) amend established minimum water levels for the following lakes in the following counties: Indian Lake in Volusia County, Lake Prevatt in Orange County, and Sylvan Lake in Seminole County.