Fla. Admin. Code R. 40B-2.331

Current through Reg. 50, No. 124; June 25, 2024

Section 40B-2.331 - Modification of Permits

(1) An application to modify a valid water use permit shall be approved by the Executive Director or their designee without a hearing if all the following are met:

(a) The application meets the conditions for issuance in Rule 40B-2.301, F.A.C., that apply to the modification request;

(b) The application increases the permitted allocation less than 100, 000 gallons per day, or the application increases the permitted allocation by 100, 000 gallons or more per day and the applicant demonstrates that the provisions of sections 373.239(2)(a) or (b), F.S. are met; and

(c) The application does not receive an agency recommendation for denial.

(2) The Governing Board shall determine final agency action on any modification that increases the permit duration.

(3) All permit modification applications other than under subsection (1) above shall comply with the requirements of Section 373.229, F.S., and shall contain all of the information required by the permit conditions and by Rule 40B-2.101, F.A.C. This shall include all permits that have been previously considered by the Governing Board for issuance.

(4) All requests to modify the terms of an unexpired permit shall be evaluated under the criteria of Rule 40B-2.301, F.A.C., and subject to the limiting conditions in Rule 40B-2.381, F.A.C.

(5) Following the District's review of a ten-year compliance report, the Governing Board may modify the permit pursuant to subsection 5.2.10, Water Use Permit Applicant's Handbook.

(6) The Governing Board shall issue an order to modify an existing use when conditions warrant such action in order to obtain the most beneficial use of the water resources of the state and to protect the public health, safety, and welfare and the interests of the water users affected. Such order must include a finding by the Governing Board that the use proposed to be modified is detrimental to other water users or to the water resources of the state.

(7) In order to promote significant water savings beyond that required to achieve efficient water use in the permitting process, a public water supply permittee implementing a standard water conservation plan or a goal-based water conservation plan shall receive a permit extension for quantifiable water savings attributable to water conservation when the conditions below are met. The permittee may request the extension through a letter modification request.

(a) The permittee must be in compliance with the conditions of its permit.

(b) The permittee must demonstrate quantifiable water savings exceeding those required in the permitting process. Acceptable methods for quantifying water savings include reductions in residential per capita, gross per capita, or per service connection use or replacement of outdoor irrigation from traditional public supply sources with irrigation using alternative water sources. The quantification method used must be consistent with the calculation of demand used to establish the currently permitted allocation.

(c) The permittee must demonstrate a need for the conserved water to meet the projected demand through the term of the extension.

(d) The permittee demonstrates water savings sufficient to qualify for at least one-year permit extension.

(e) The permit extension shall provide only for the modification of the duration of the permit and shall not be used to increase the quantity of the allocation.

(f) A permittee must demonstrate that the water savings were achieved through water conservation and not as a result of population changes, economic or other factors unrelated to conservation. In the absence of these factors, if the permittee demonstrates timely implementation of its District-approved conservation plan, then the water savings shall be attributed to implementation of the conservation plan.

(g) The specific duration of the extension will be calculated based on the quantity of water saved through conservation and the demonstration of water demand based on projected growth, as calculated at the time of the extension request.

(h) A permittee may request an extension no sooner than five years after issuance of the original permit, and be granted extensions no more frequently than every five years thereafter.

(i) For permits with a duration of five years or less, a permittee may request an extension no sooner than one year prior to the original permit expiration date.

(j) Multiple permit extensions may be requested to reflect additional water saved over the term of the permit. However, in no case shall the cumulative duration of all extensions exceed ten years from the original permit expiration date.

Fla. Admin. Code Ann. R. 40B-2.331

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.016, 373.019, 373.023, 373.042, 373.0421, 373.083, 373.103, 373.116, 373.117, 373.1175, 373.118, 373.171, 373.175, 373.185, 373.216, 373.219, 373.223, 373.2234, 373.2235, 373.226, 373.227, 373.228, 373.229, 373.2295, 373.232, 373.236, 373.239, 373.243, 373.244, 373.246, 373.250 FS.

New 10-1-82, Amended 5-1-83, 1-6-10, 3-14-13, 3-24-14, Amended by Florida Register Volume 50, Number 035, February 20, 2024 effective 3/7/2024.

New 10-1-82, Amended 5-1-83, 1-6-10, 3-14-13, 3-24-14, 3-7-24.