Current through Reg. 50, No. 187; September 24, 2024
(1) A request for
modification of a valid permit issued pursuant to Chapter 40C-2 or 40C-20,
F.A.C., shall be made as set forth in this section:
(a) By application on District Form Number
40C-2.900(1),
40C-2.900(2),
or 40C-2.900(3),
which are incorporated by reference in subsections
40C-2.900(1)
-(3), F.A.C., as applicable, or
(b)
By letter that describes the proposed modification, provided that the
modification is not excluded under paragraph (1)(c), below. The letter must
include the full permit number for the requested permit modification and must
describe the proposed modification.
(c) The following requests for modification
are specifically excluded from the letter modification process and must be
requested by application under paragraph (1)(a), above:
1. Requests to increase the duration of the
consumptive use authorization, except for:
a.
Increases in duration that meet the criteria for a water conservation incentive
permit extension under Section 1.4.3.3.1(c) of the Applicant's Handbook,
Consumptive Uses of Water, which is incorporated by reference in paragraph
40C-2.101(1)(a),
F.A.C., or
b. Increases in duration
due to a change in statutory law that authorizes a longer permit
duration,
2. Requests to
increase the consumptive use allocation(s), except for:
a. Increases in use of water from a man-made
surface water management system that do not increase the allocation by 100, 000
or more gallons per day on an annual average basis, or
b. The addition of landscape irrigation of
less than one acre, or
c. Increases
due to a change from an annualized incremented allocation to an end of permit
(total quantity) annual allocation, or
d. Increases in allocation due to combining
multiple permits into one permit, without increasing the duration or changing
the distribution of the allocation of any of the permits except as allowed by
other provisions of this paragraph,
3. Requests to change the permitted use type,
4. Requests to add withdrawal
points, unless the addition:
a. Is for
backup-allocation purposes to increase the permittee's ability to meet peak
demands, or
b. Is for the use of
water from a man-made surface water management system,
5. Requests to change the source(s) of
withdrawal(s), unless the change is to use water from a man-made surface water
management system, or
6. Requests
to change the location(s) of withdrawal point(s), unless the change:
a. Is for the relocation of withdrawal
point(s) from a man-made surface water management system, or
b. Is for the relocation of a proposed well
or replacement of an existing well or wells producing from the same
hydrostratigraphic unit as the proposed well or existing well(s) and does not
cause impacts to the water resources of the area or existing offsite land uses
beyond those evaluated under the consumptive use
permit.
(2) A request for modification need only
provide information and meet the conditions for issuance in Rule
40C-2.301, F.A.C., that relate
to the modification request, in accordance with Section
373.239(2),
F.S. A permit which has expired or which has been revoked shall not be subject
to modification. A denial of a request for modification under paragraph (1)(a)
or (1)(b), above, shall be processed as provided in Sections 1.4.3.3.1(b) and
1.4.3.3.2 of the Applicant's Handbook, Consumptive Uses of Water, which is
incorporated by reference in paragraph
40C-2.101(1)(a),
F.A.C.
(3) Modification by letter
in accordance with paragraph (1)(b), above, must be approved and acknowledged
in writing through correspondence to the applicant by a District staff member
designated by the District Executive Director.
Rulemaking Authority
373.044,
373.113,
373.171 FS. Law Implemented
373.083(5),
373.219,
373.223,
373.229,
373.239
FS.
New 1-2-77, Amended 1-1-83, Formerly 40C-2.33, 40C-2.331,
40C-2.0331, Amended 4-25-96, 10-2-96, 2-2-12, 8-14-14, 11-3-15,
7-1-18.
