Current through Reg. 50, No. 187; September 24, 2024
No permit shall be required under the provisions of this
chapter for the following water uses:
(1) Domestic consumption of water by
individual users as defined by Section
373.019(6),
F.S. (2013).
(2) Those uses for
which certification has been obtained pursuant to the provisions of the Florida
Electrical Power Plant Siting Act or the Statewide Multipurpose Hazardous Waste
Facility Siting Act (2013).
(3)
Withdrawals of ground or surface water to remove pollutants from contaminated
water, in the following circumstances:
(a)
Ground water may be withdrawn in any quantity for any duration if it is
recharged on site to the aquifer from which it was withdrawn by either
infiltration or direct injection.
(b) Surface water may be withdrawn in any
quantity for any duration only from wholly-owned impoundments or works which
are no deeper than the lowest extent of the uppermost water bearing stratum and
which have no surface hydrologic connection off site, and the surface water
must be recharged on site to the uppermost water bearing stratum by either
infiltration or direct injection.
(c) Infiltration under this subsection may be
accomplished by the use of land application or by discharge to wholly-owned
impoundments or works, so long as there is no surface discharge off site. The
withdrawal and recharge under this subsection must be done in a manner that
does not contravene paragraphs
40C-2.301(1)(b), (2)(b), (e), (f), (g) and
(h), F.A.C.
(d) Ground water may be withdrawn from wells
which withdraw from the surficial aquifer provided the cumulative withdrawals
at any one time do not exceed 100, 000 gallons per day.
(4) Withdrawals of groundwater for aquifer
performance tests requested by District staff as information needed to review a
consumptive use permit application, provided that the withdrawal of water for
the pump test shall be for a period of not more than 30 days, shall not
interfere with existing uses of water and shall be performed in accordance with
an aquifer performance test plan approved by District staff.
(5) Withdrawals of surface water solely for
flood control when:
(a) The withdrawal is
accomplished by and was approved as part of a surface water management system
which has received a management and storage of surface water permit pursuant to
Chapter 40C-4 or 62-330, F.A.C., or
(b) The withdrawal is conducted by a
municipality, county, agency of the executive branch of the state or the
federal government and is accomplished by a surface water management system
which meets the terms and conditions of the exemption contained in subsection
40C-4.051(2),
F.A.C., and the withdrawal is consistent with the system's plans,
specifications, and performance criteria existing on the relevant exemption
date.
(6) Water, whether
withdrawn or diverted, when used for purposes of protection of fish and
wildlife or the public health and safety when and where the Governing Board
has, by Rule 40C-2.302, F.A.C., reserved said
water from use by permit applicants pursuant to Subsection
373.223(4),
F.S. (2013).
(7) Withdrawals of
ground or surface water to facilitate construction (not including borrow or
mining excavations) on or below ground surface (dewatering) subject to the
following conditions:
(a) The withdrawal is
conducted by one of the following:
1. A
conventional wellpoint system consisting of one or more stages of wellpoints
installed near the excavation in lines or rings. These wellpoints shall be
installed in variable spacings, and connected to a common header pumped by one
or more wellpoint pumps.
2. Vacuum
underdrain consisting of a typical pipeline dewatering with the underdrain or
"sock" placed horizontally below the design invert elevation of the pipeline
via a large trenching machine. The underdrain is connected to a pump with the
water conveyed through the underdrain and discharged from the pump.
3. Shallow vacuum well consisting of one or
more stages installed near an excavation in lines or rings. Vacuum wells shall
be constructed of six inch or smaller pipe with a slotted screen area near the
bottom of the well, and connected to a common header pumped by one or more
pumps.
4. Hydraulic pumps to
dewater stormwater management ponds and basins, as part of their construction
or maintenance, through the discharge control structures. The stormwater
management pond or basin and associated discharge control structure must have
been permitted by the District and be in operational phase at the time the
dewatering is to occur.
(b) The withdrawal is 300, 000 gallons per
day or less.
(c) The withdrawal
does not exceed 30 days in duration.
(d) The water withdrawn is not discharged
directly into an Outstanding Florida Water (OFW), Class I or Class II
waterbody. A direct discharge means a discharge which enters OFW, Class I or
Class II waters without an adequate opportunity for prior mixing and dilution
to prevent significant degradation.
(e) The following turbidity control measures
are implemented, as appropriate, for any discharges off-site:
1. If the discharge is to be to a drainage
system, the water shall be piped directly into the drainage structure, if
possible; but if the discharge is through a swale or overland to a structure or
water body, the path of discharge shall be lined with plastic sheeting, sod or
hay bales appropriately, to prevent a turbid discharge to the structure or
water body.
2. If water will
discharge to an open water body, appropriate fabric silt screen or hay bales
shall be used to prevent turbid discharges. When possible, a detention area
shall be established to allow suspended solids to settle prior to entering the
water body.
3. If the above
turbidity control measures are inadequate to retain sediment on-site and
prevent turbid discharge, additional or modified erosion and sediment control
measures must be selected, implemented, and operated as necessary to prevent
harmful water quality impacts from dewatering discharges to receiving
waters.
(8)
Withdrawals of surface water (dewatering) by a drainage pump, which serves an
agricultural operation, provided that the operation of the pump has been
authorized by a permit issued pursuant to Chapter 40C-44 or Chapter 40C-4,
40C-40 or 62-330, F.A.C., which incorporated the requirements of Chapter
40C-44, F.A.C. However, activities which are exempt from the requirements of
Chapters 40C-4, 40C-44 and 62-330, F.A.C., are not exempt from the need to
obtain a consumptive use permit under this subsection.
(9) Withdrawals of ground or surface water
for fire protection purposes.
(10)
The use of seawater from any sea, gulf, or ocean, excluding estuaries, lagoons,
rivers, streams, and intracoastal waters.
Rulemaking Authority
373.044,
373.113,
373.171 FS. Law Implemented
373.103,
373.171,
373.216,
373.219,
373.250,
403.511
FS.
New 1-1-83, Formerly 40C-2.051, 40C-2.0051, Amended
8-18-87, 11-19-87, 9-12-89, 12-6-93, 8-17-94, 4-25-96, 10-2-96, 11-11-03,
2-15-06, 8-14-14, 11-3-15, 7-1-18.
