Fla. Admin. Code Ann. R. 40C-2.041 - Permits Required
(1) The District
issues consumptive use permits in two forms, individual permits and general
permits by rule. Unless the consumptive use is expressly exempted in Rule
40C-2.051, F.A.C., or qualifies
for a general permit by rule in Rule
40C-2.042, F.A.C., the Governing
Board hereby requires an individual consumptive use permit for any of the
following:
(a) Average annual daily
withdrawal equal to or exceeding one hundred thousand (100, 000) gallons
average per day on an annual basis.
(b) Withdrawal equipment or other facilities
which have a capacity equal to or exceeding one million (1, 000, 000) gallons
per day.
(c) Withdrawals from a
combination of wells or other facilities, having a combined capacity equal to
or exceeding one million (1, 000, 000) gallons per day.
(d) Withdrawals from a well in which the
outside diameter of the largest permanent water bearing casing is six inches or
greater at ground surface. This paragraph shall not apply to those wells for
which the well owner or well contractor can demonstrate that the well was
constructed with a smaller diameter water bearing casing below ground surface
prior to August 14, 2014, and that smaller diameter casing is still in
place.
(e) Withdrawals from surface
water facilities which have an intake diameter or cumulative intake diameter of
six (6) inches or greater. For purposes of this paragraph, the intake diameter
of the surface water facility is the diameter at the end of the pump
intake.
(2) Those
thresholds in paragraphs
40C-2.041(1)(a) through (c) and
(e), and Rule
40C-2.042, F.A.C., refer to the
total capacity of the water withdrawal equipment, wells, or other facilities
located on contiguous or physically proximate properties that either share the
same irrigation infrastucture or are owned, operated or controlled as a common
enterprise or system. 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
40C-2.501, F.A.C., are served by
separate withdrawal facilities, the District is authorized to issue separate
individual permits. This requirement to aggregate two or more properties shall
not apply when the separate properties have existing permits that require
metering for all withdrawals or the water user requests a permit modification
to the permits to require metering for all withdrawals.
(3) Those seeking an individual consumptive
use permit must submit to the District a complete permit application Form
Number 40C-2.900(1),
which is incorporated by reference in subsection
40C-2.900(1),
F.A.C. Individual permits which do not exceed any of the following requirements
are considered minor individual permits and may alternatively utilize permit
application Form Number
40C-2.900(2),
which is incorporated by reference in subsection
40C-2.900(2),
F.A.C.:
(a) Cumulative average annual daily
consumptive use is less than 100, 000 gallons per day on an average annual
basis.
(b) Withdrawal equipment or
other facilities which have a capacity of less than one million (1, 000, 000)
gallons per day.
(c) Withdrawals
from a combination of wells or other facilities, having a combined capacity of
less than one million (1, 000, 000) gallons per day.
(d) Withdrawals from a well in which the
outside diameter of the largest permanent water bearing casing is less than
eight (8) inches at ground surface. When the well owner or well contractor can
demonstrate that the well was constructed with a smaller diameter water bearing
casing below ground surface prior to August 14, 2014, and that smaller diameter
casing is still in place, the well diameter shall be considered to be its
smaller diameter casing.
(e)
Withdrawals from surface water facilities which have an intake diameter or
cumulative intake diameter of less than eight (8) inches. For purposes of this
paragraph, the intake diameter of the surface water facility is the diameter at
the end of the pump intake.
(4) Uses which are existing on the effective
date of implementation shall be governed in accordance with the provisions of
Section 373.226, F.S.
(5)
(a) The
Governing Board may designate specific geographic areas in which permits shall
be required for amounts less than those specified in subsection (1),
above.
(b) Such designation shall
be adopted by rule pursuant to Chapters 120 and 373, F.S.
(c) Prior to the adoption of such rule, the
Governing Board shall hold at least one public meeting in the vicinity of the
area for which such designation is proposed. The purpose of such public meeting
shall be to hear testimony regarding the justification for such designation and
regarding the anticipated impacts of such designation.
(6) Any person whose withdrawal otherwise
meets the thresholds for a general permit by rule as specified in Rule
40C-2.042, F.A.C., may submit an
application to obtain an individual consumptive use permit at their sole
discretion.
(7) When information
submitted to the District incorporates or results in a material change to the
proposed activity for which the applicant seeks a permit or modification, the
District shall notify the applicant that the application is deemed to be
amended and the 30 and 90 day time requirements of Section
120.60(1),
F.S., shall restart.
(8) Only one
application shall be filed for a permit required under Chapter 40C-2, F.A.C.,
for a consumptive use at or involving the same property, including applications
for an initial permit and applications for modification of a permit, at any
time prior to final action on the application first received by the District.
If the District determines that more than one application has been so filed,
the District will notify the applicant that the most recent application is
deemed an amendment of the pending application, and if the amendment
constitutes a material change, the application will be processed in accordance
with subsection (8), above. Subsections (8) and (9), shall not apply to a
request for a letter modification of a permit and shall not affect the
timeliness of an application for renewal of a permit.
(9) Applicants who seek to renew a permit
under Chapter 40C-2, F.A.C., must submit a timely and sufficient application
for renewal to avoid expiration of the permit. An application for renewal shall
be considered timely only if it is received by the District no later than the
expiration date of the existing permit. Mailing the application does not
constitute receipt by the District. If the permit's expiration date falls on a
weekend or legal holiday, the application for renewal must be received by the
District on the next business day after the weekend or holiday. When timely and
sufficient application for renewal is made, the existing permit shall not
expire until the application for renewal has been finally acted upon by the
District, or if the application is denied or the terms of the permit are
limited, until the last day for seeking review of the District action or a
later date fixed by order of the reviewing court.
Notes
Rulemaking Authority 373.113, 373.216 FS. Law Implemented 373.219, 373.226 FS.
New 1-2-77, Amended 1-1-83, 6-1-84, Formerly 40C-2.04, Amended 5-31-84, Formerly 40C-2.041, 40C-2.0041, Amended 7-23-91, 12-6-93, 2-15-95, 4-25-96, 1-7-99, 11-11-03, 8-14-14, 11-3-15, 7-1-18, 8-29-18.
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