Current through Reg. 50, No. 187; September 24, 2024
(1) Unless
expressly exempted by law or District rule, a water use permit must be obtained
from the District prior to any use, withdrawal, or diversion of
water.
(2) A water user shall
obtain one permit for all withdrawals that are intended to serve contiguous
property. Two or more properties represented to be separate properties shall be
aggregated and treated as a single property for permitting purposes when the
District determines that the properties are physically proximate and either (a)
share the same irrigation infrastructure or (b) are operated as a common
enterprise. However, when multiple use types, as defined in Rule
40B-2.501, F.A.C., are served by
separate withdrawal facilities, the District is authorized to issue separate
individual permits.
(3) An
individual permit is required for any use of water that is non-exempt pursuant
to Rule 40B-2.051, F.A.C., and does not
qualify for a General Permit by Rule pursuant to subsections (8) and (9)
below.
(4) Either the Executive
Director or the Assistant Executive Director may approve individual permit
applications without a hearing, except:
(a)
Any application recommended for denial shall be presented to the Governing
Board for final agency action;
(b)
All beverage processing regardless of the quantity of the withdrawal or
diversion; or
(c) Withdrawals or
diversions which are greater than or equal to one million gallons per day
average daily rate of withdrawal.
(5) The District hereby incorporates Water
Use Permit Application Form
40B-2.041,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03716,
effective March 24, 2014, and supplemental Forms
40B-2.041 A through H, effective
March 24, 2014, by reference into this chapter. These application and
supplemental forms are available at District headquarters and on the District's
website: www.mysuwanneeriver.com.
(6) To obtain a permit for water uses that
require an individual permit, the applicant must complete and submit the Water
Use Permit Application Form
40B-2.041 and one or more of the
following supplemental forms, as appropriate, for each type of water use, as
defined in Rule 40B-2.501, F.A.C., being
proposed in the permit application:
(a)
Supplemental Form A - Agricultural Use, Form
40B-2.041 A,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03718,
effective March 24, 2014.
(b)
Supplemental Form B - Industrial/Commercial, Form
40B-2.041 B,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03719,
effective March 24, 2014.
(c)
Supplemental Form C - Landscape/Recreation Use, Form
40B-2.041 C,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03720,
effective March 24, 2014.
(d)
Supplemental Form D - Mining/Dewatering Use, Form
40B-2.041 D,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03721,
effective March 24, 2014.
(e)
Supplemental Form E - Public Supply Use, Form
40B-2.041 E,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03722,
effective March 24, 2014.
(f)
Supplemental Form F - Other Use, Form
40B-2.041 F,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03723,
effective March 24, 2014.
(g)
Supplemental Form G - Institutional Use, Form
40B-2.041 G,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03724,
effective March 24, 2014.
(h)
Supplemental Form H - Diversion and Impoundment, Form
40B-2.041 H,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03725,
effective March 24, 2014.
(7) In the event the proposed water use is
associated with a project that requires a water well construction permit under
Chapter 373, Part III, F.S., and District rules, the water well construction
permit shall not be issued until the water use permit has been
issued.
(8) The Board hereby grants
a General Permit by Rule for all non-exempt consumptive uses of water within
the District that satisfy the following criteria:
(a) Have a cumulative average daily use less
than 100, 000 gallons per day on an annual basis;
(b) Are from facilities having a cumulative
withdrawal capacity of less than 1, 000, 000 gallons per day;
(c) Are from groundwater wells less than
eight (8) inches in diameter.
(d)
Are from surface water facilities which have a cumulative intake diameter less
than six (6) inches.
(e) Are
consistent with requirements of any applicable mandatory reuse zones;
(f) Does not exceed any of the specific
thresholds identified in subsection (11) of this rule;
(g) None of the applicant's consumptive uses
are for beverage processing;
(h)
The water is not transported across water management district
boundaries;
(i) All uses shall
employ standard water conservation practices for the use type, such as the
Districts water conservation requirements in the Water Use Permit Applicant's
Handbook;
(j) In the event of a
water shortage as declared by the Board, the permittee shall adhere to all
limitations on withdrawal or use ordered by the District pursuant to Chapter
40B-21, F.A.C.; and
(k) The
permittee shall allow District personnel access at reasonable times and at
District expense, or with District equipment, to monitor withdrawal rates and
volumes authorized by this permit.
(9) The Board hereby grants a General Permit
by Rule for landscape irrigation uses, provided they meet the criteria
specified below:
(a) The average daily use is
less than 100, 000 gallons per day and the maximum daily use is less than 250,
000 gallons per day.
(b) The use is
consistent with the requirements of any applicable mandatory reuse
zones.
(c) The source of water will
be:
1. Withdrawn from a single groundwater
well with a uniform casing diameter of four inches or less; or
2. Withdrawn from a single surface water
withdrawal point with a pipe diameter of four inches or less; or
3. Withdrawn from a water
utility.
(d) For the
purpose of this rule, the terms "residential landscape irrigation" and
"non-residential landscape irrigation" are defined in this paragraph (d) as
follows. "Residential landscape irrigation" means the irrigation of landscape
associated with any housing unit having sanitary and kitchen facilities
designed to accommodate one or more residents, including multiple housing units
and mobile homes. "Non-residential landscape irrigation" means the irrigation
of landscape not included within the definition of "residential landscape
irrigation, " such as that associated with public, commercial and industrial
property, including commercial or transient housing units, hotel and motel
units, and public medians and rights-of-way. For the purpose of this rule,
"address" means the "house number" of the physical location of a specific
property. This excludes post office box numbers. If a lot number in a mobile
home park or similar community is used by the U.S. Postal Services to determine
a delivery location, the lot number shall be the property's address. An "even
numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or
letters A-M. An "odd numbered address" means an address ending in the numbers
1, 3, 5, 7, 9 or the letters N-Z.
1. When
Daylight Savings Time is in effect, landscape irrigation shall occur in
accordance with the following irrigation schedule:
a. Residential landscape irrigation at odd
numbered addresses or no address may occur only on Wednesday and Saturday and
shall not occur between 10:00 a.m. and 4:00 p.m.; and
b. Residential landscape irrigation at even
numbered addresses may occur only on Thursday and Sunday and shall not occur
between 10:00 a.m. and 4:00 p.m.; and
c. Non-residential landscape irrigation may
occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and
4:00 p.m.; and
d. No more than 3/4
inch of water may be applied per irrigation zone on each day that irrigation
occurs, and in no event shall irrigation occur for more than 1 hour per
irrigation zone on each day that irrigation occurs.
2. When Eastern Standard Time is in effect,
landscape irrigation shall occur only in accordance with the following
irrigation schedule:
a. Residential landscape
irrigation at odd numbered addresses or no address may occur only on Saturday
and shall not occur between 10:00 a.m. and 4:00 p.m.; and
b. Residential landscape irrigation at even
numbered addresses may occur only on Sunday and shall not occur between 10:00
a.m. and 4:00 p.m.; and
c.
Non-residential landscape irrigation may occur only on Tuesday and shall not
occur between 10:00 a.m. and 4:00 p.m.; and
d. No more than 3/4 inch of water may be
applied per irrigation zone on each day that irrigation occurs, and in no event
shall irrigation occur for more than 1 hour per irrigation zone on each day
that irrigation occurs.
3. Landscape irrigation shall be subject to
the following exceptions:
a. Irrigation using
a micro-spray, micro-jet, drip, or bubbler irrigation system is allowed
anytime.
b. Irrigation of new
landscape is allowed at any time of day on any day for the initial 30 days and
every other day for the next 30 days for a total of one 60-day period, provided
that the irrigation is limited to the minimum amount necessary for such
landscape establishment.
c.
Watering in of chemicals, including insecticides, pesticides, fertilizers,
fungicides, and herbicides when required by law, the manufacturer, or best
management practices is allowed at any time of day on any day within 24 hours
of application. Watering in of chemicals shall not exceed 1/4 inch of water per
application except as otherwise required by law, the manufacturer, or best
management practices.
d. Irrigation
systems may be operated at any time of day on any day for maintenance and
repair purposes not to exceed 20 minutes per hour per irrigation
zone.
e. Irrigation using a
hand-held hose equipped with an automatic shut-off nozzle is allowed at any
time of day on any day.
f.
Discharge of water from a water-to-air air conditioning unit or other water
dependent cooling system is not limited by this permit.
g. The use of water from a reclaimed water
system is allowed anytime. For the purpose of this paragraph, a reclaimed water
system includes systems in which the primary source is reclaimed water, which
may or may not be supplemented from another source during peak demand
periods.
h. The use of recycled
water from wet detention treatment ponds for irrigation is allowed anytime
provided the ponds are not augmented from any ground or off-site surface water,
or public supply sources.
(e) Any landscape irrigation uses that
deviate from these criteria shall be required to obtain a permit in accordance
with subsection (11) below.
(10) The General Permit by Rule established
in subsections (8) and (9) above shall also be subject to the limiting
conditions in Section 5.1 and the applicable limiting conditions for the use
type in Section 5.2 of the Water Use Permit Applicant's Handbook.
(11) Notwithstanding the criteria enumerated
in subsections (8) and (9) above, an individual permit is required for all
consumptive uses, withdrawals or diversions of water:
(a) When the use of water does not meet the
criteria in subsection (8) or (9) above; or
(b) Evidence indicates the use is likely to
cause adverse impacts to existing water or land uses or the water resources or
the withdrawal is within an area that is experiencing withdrawal-related
adverse water resource impacts.
(12) Permittees who wish to modify an
existing general or individual water use permit to a General Permit by Rule as
provided in subsections (8) and (9) above, or who wish to abandon a water use
permit, must complete and submit Form
40B-2.041 S: Water Use Permit
Status Form,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03717,
effective March 24, 2014, which is hereby incorporated by reference. This form
is available at District headquarters and on the District's website:
www.mysuwaneeriver.com.
(13) Any
person whose withdrawal otherwise meets the thresholds for a General Permit by
Rule as specified in subsections (8) and (9) above may submit an application to
obtain an individual permit at their sole discretion.
Rulemaking Authority
373.044,
373.113,
373.118,
373.171 FS. Law Implemented
120.60,
373.016,
373.019,
373.023,
373.042,
373.0421,
373.083,
373.103,
373.116,
373.117,
373.1175,
373.118,
373.171,
373.185,
373.216,
373.219,
373.223,
373.226,
373.227,
373.228,
373.229,
373.232,
373.236,
373.239,
373.244,
373.246,
373.250 FS.
New 10-1-82, Amended 5-1-83, 6-16-88, 4-14-08, 1-6-10,
3-24-14.
