Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40E - South Florida Water Management District
Chapter 40E-2 - CONSUMPTIVE USE
Section 40E-2.061 - General Permits by Rule
Universal Citation: FL Admin Code R 40E-2.061
Current through Reg. 50, No. 187; September 24, 2024
Certain specified uses have been determined to be reasonable-beneficial, not interfering with existing legal uses, and consistent with the public interest pursuant to Section 373.223, F.S. The Board hereby grants a General Permit by Rule for all non-exempt consumptive uses within the District that satisfy the following criteria:
(1) General Permit by Rule for Landscape Irrigation at a Single Family Dwelling or Duplex.
(a) The Board hereby grants a general permit
to each person for the use, withdrawal, or diversion of water at a single
family dwelling or duplex including, but not limited to, home lawn and
ornamental irrigation, car washing, and other incidental uses provided that
water is obtained from a single on-site withdrawal facility, such as a private
irrigation well or surface water diversion, for each single family dwelling or
duplex; that landscape irrigation is conducted in accordance with Chapters
40E-21 and 40E-24, F.A.C., or with any approved variance; and that the amount
of water used is limited to only that necessary for efficient
utilization.
(b) When reclaimed
water is available, the use of a private irrigation well or surface water
diversion for home lawn and ornamental irrigation is not authorized under this
section. Reclaimed water is deemed available when reclaimed water is provided
by a utility through a point of connection at the property boundary.
(c) Persons using or proposing to use water
in a manner that differs from the conditions imposed by Chapter 40E-24, F.A.C.,
shall apply for a modification of this permit pursuant to subsection
40E-2.331(4),
F.A.C.
(2) General Permit by Rule for Short-Term Dewatering.
(a) The
Board hereby grants a general permit for the use of water in conjunction with
short-term dewatering operations, such as well pointing, utility construction,
lake construction, exploratory testing, and other minor uses; aquifer
performance tests; or in conjunction with a short-term Remedial Action Plan
approved by the state or local agency having legal jurisdiction over such
activities, provided the following criteria are met:
1. Has a maximum daily pumpage of less than 5
million gallons (MG) and a maximum total project pumpage of less than 100 MG
over a one year period;
2. Will
retain all discharge on the project site unless associated with an aquifer
performance test;
3. Will not
dewater to a depth below 0.0 feet NGVD (or equivalent NAVD) within 1, 000 feet
of saline water, except when dewatering water with a chloride concentration of
greater than 1, 000 milligrams per liter;
4. Will not occur within 100 feet of a
wastewater treatment plant rapid-rate land application system permitted under
Part IV of Chapter 62-610, F.A.C.;
5. Will not occur within 1, 000 feet of a
known landfill or contamination; and,
6. Will not occur within 1, 000 feet of a
freshwater wetland unless dewatering activities are completed within 60
days.
(b) In proceeding
with a general permit by rule for dewatering, the permittee acknowledges that
the dewatering operation is subject to the Permit Conditions in Section 5.0 of
the Applicant's Handbook, including responsibility for mitigating any harm that
may occur as a result of the dewatering to existing legal uses, off-site land
uses, or natural resources.
(c)
Linear projects, such as roads, utilities, or pipelines, may qualify for
multiple general permits by rule. The dewatering activity for these projects
may have a rolling one-year duration, in which the dewatering operation at the
end of each one year period occurs no more than one mile from the location at
the beginning of each one year period.
(3) General Permit by Rule for Closed-Loop Systems.
(a) The Board hereby grants a general
permit for the use of water for cooling/heating systems for swimming pools and
air conditioning units provided the following criteria are met:
1. The withdrawal and discharge points are on
property legally controlled by the permittee;
2. The water is discharged to the same
source, aquifer, or permeable zone from which it is withdrawn;
3. The discharge or injection has been
permitted by the Department; and,
4. The water has no contact or mixing with
other water sources, additives, and chemicals.
(b) In proceeding with a general permit by
rule for closed-loop systems, the permittee acknowledges that the use is
subject to the Permit Conditions in Section 5.0 of the Applicant's Handbook,
including responsibility for mitigating any harm that may occur as a result of
the withdrawal to existing legal uses, off-site land uses, or natural
resources.
(c) The permittee shall
not utilize the withdrawal facility associated with this general permit by rule
for any other type of consumptive use.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS.
New 3-15-10, Amended 7-14-14, 9-7-15.
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