Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-2 - WATER USE PERMITS
Section 40D-2.331 - Modification of Permits

Universal Citation: FL Admin Code R 40D-2.331

Current through Reg. 50, No. 187; September 24, 2024

(1) A permittee may seek modification of any of the terms and conditions of an unexpired permit except when the sole purpose is to modify the expiration date. Notwithstanding, a permittee may seek modification for the sole purpose of modifying the expiration date if it is pursuant to subsection 40D-2.321(5), F.A.C, or when a public water supply permittee achieves demonstrable savings attributable to implementation of a water conservation plan pursuant to Sections 2.4.8.6 and 2.4.8.7 of the Applicant's Handbook. A permit expiration date may also be modified upon request and documentation by the permittee, if the modification application is deemed by the District to be substantial, as described in the WUP Applicant's Handbook Part B Section 1.4.11, (rev. 10/15), resulting in the modification application to (https://www.flrules.org/Gateway/reference.asp?No=Ref-05856), be processed as a renewal application with modification. A request for modification shall be reviewed in accordance with the rules in effect at the time the modification is filed.

(2) Modifications:

(a) Formal Modification - A Formal Modification may be requested through use of an individual application, using the same individual WUP Application Form and applicable Supplemental or Attachment Form(s) submitted for a new permit as incorporated in subsection 40D-2.101(1), F.A.C.; or

(b) Letter Modification - A Letter Modification may be requested through use of a Modification Short Form Application, Form No. LEG-R.035.02 (5/14), (http://www.flrules.org/Gateway/reference.asp?No=Ref-03747), incorporated herein by reference and available at any District office or through the District's website at www.WaterMatters.org. A Modification Short Form Application may be submitted, provided the annual average quantities will not increase by more than 100, 000 gpd or more than 10% of the total permitted quantity, the use of the water will not change, the modification does not cause the total annual average quantities to equal or exceed 500, 000 gpd, the proposed changes would not cause impacts beyond those considered in the initial permit and is not a request to extend a permit term unless pursuant to subsection 40D-2.321(5), F.A.C. Within the SWUCA, except to reactivate standby quantities as provided in Section 2.2.4 of the WUP Applicant's Handbook, a Modification Short Form Application shall not be used for modifications that include a request to Self-Relocate or to increase water withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level.

A Modification Short Form may be submitted to modify the permit to include or remove a project funded pursuant to Chapter 40D-26, F.A.C., and, if requested by permittee, extend the term of the permit for twenty years. The District shall not reduce permitted quantities conserved by the project funded pursuant to Chapter 40D-26, F.A.C., as long as the permittee operates the project and the conditions for issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C., are met.

(3) The District shall modify any permit if it is shown that the use or disposition of water is detrimental to other water users or to the water resources or no longer meets the conditions for issuance identified in Rule 40D-2.301, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.171, 373.219, 373.236, 373.239 FS.

New 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, 11-2-09, 7-10-13, 5-19-14, 9-29-15.

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