Fla. Admin. Code R. 62-40.416

Current through Reg. 51, No. 009; January 14, 2025

Section 62-40.416 - Water Reuse and Recycling

(1) The reuse of reclaimed water, the recycling of stormwater for irrigation and other beneficial uses, and the recycling of industrial wastewater, shall be promoted. In the adoption and implementation of consumptive use permitting rules, the reuse or recycling of water shall be required of water users unless objective evidence demonstrates that such reuse or recycling is not economically, environmentally, or technically feasible. In determining economic feasibility, the consideration shall include costs and benefits of the recycled or reclaimed water use, including the amount of reclaimed or recycled water that can be produced or used relative to the cost, and, in the case of a reclaimed water provider, the likelihood that potential end users will utilize the reclaimed water. The data included in the applicable reuse feasibility study performed pursuant to Section 403.064, F.S., and the study's conclusions shall be considered by the District in making its determination of feasibility. A public water supply utility may develop a reuse or recycling plan and include that plan as part of its goal-based water conservation plan allowed by subsection 62-40.412(3), F.A.C., but inclusion of a reuse or recycling plan into a goal-based water conservation plan shall not alleviate any requirement to implement reuse when feasible.

(2) The Department encourages local governments to implement programs for reuse of reclaimed water, recycling of stormwater for irrigation and other beneficial uses, and recycling of industrial wastewater. The Districts are encouraged to establish incentives, such as longer permit duration and cost-sharing, for local governments and other interested parties to implement programs for reuse of reclaimed water and the recycling of stormwater. These rules shall not be deemed to pre-empt any such local reuse programs.

(3) Metering of reclaimed water use and implementation of volume-based charges, where a user of reclaimed water pays for service based, at least in part, on the actual metered volume of reclaimed water used, are encouraged for new reclaimed water facilities and programs to effectively manage reclaimed water supplies, when expected to result in more efficient and effective water use. The Districts are encouraged to develop incentives, including funding programs, for the installation of meters on reclaimed water.

(4) The Department and the Districts shall encourage reuse that is efficient and effective and will increase potable quality water offset or recharge fraction, where consistent with water quality protection.

(5) Reclaimed water may be presumed available to a consumptive use permit applicant when a reuse utility exists, which has determined it has uncommitted reclaimed water capacity, and that has distribution facilities, that are initially provided by the utility at its cost, to the site of affected applicant's proposed use.

(6) Wastewater utilities located within, serving a population located within, or discharging within a water resource caution area shall perform the reuse feasibility analysis pursuant to Section 403.064, F.S. A reuse feasibility study prepared under Section 403.064(6), F.S., satisfies a District requirement to prepare a reuse feasibility study.

(7) An applicant may propose an impact offset derived from the use of reclaimed water as part of a permit application.

(a) The portion of a surface water or groundwater allocation made available by an impact offset will be based on the beneficial water resource impact provided by the impact offset project. In evaluating the impact offset proposed and supported by analyses provided by the applicant, the District shall consider the degree to which the reclaimed water offsets harmful impacts otherwise caused by the withdrawal, including:

1. Saltwater intrusion,

2. Wetland or other surface water impacts,

3. Groundwater impacts,

4. Impacts to existing legal uses,

5. Harm to existing offsite land uses,

6. Other water resource impacts.

(b) If an applicant meets the conditions for permit issuance after consideration of the impact offset, the District shall incorporate the impact offset into the permit. The duration of an impact offset shall be limited to the duration of the consumptive use permit in which it is incorporated.

(c) For permits containing an impact offset, if a permittee proposes to decrease the amount of reclaimed water provided, change the location of the reclaimed water use, or change the location or amount of the surface water or groundwater withdrawal, the permittee shall apply for a permit modification for review by the District to determine the resource impacts associated with the change and determine if the conditions for permit issuance are met.

(d) When reviewing an application for renewal of a consumptive use permit containing an impact offset, the District shall renew the allocation based on the continuation of the impact offset, provided the conditions for permit issuance are met.

(e) Impact offsets shall not be granted for past actions or actions taken under existing permits unless the offsets are already authorized in a permit. This limitation shall not restrict the district's consideration of the effect of past actions when considering the potential impacts of a permit application, or consideration of a permittee's request to modify an existing permit to quantify the portion of the surface or groundwater allocation made and remaining available by an impact offset.

(8) In areas where withdrawals are unable to meet the conditions for permit issuance due to resource limitations, an applicant may propose the use of a substitution credit derived from the use of reclaimed water as part of a permit application. Such resource-limited areas include, but are not limited to, areas where a District has adopted rules limiting withdrawals from a specified water resource within a geographic area, and areas where withdrawals are limited by an adopted minimum flow or level or the associated recovery or prevention strategy.

(a) The proposed withdrawal, after application of the substitution credit, must result in no net adverse impact on the limited water resource or create a net positive impact if required by District rule as part of a strategy to protect or recover a water resource.

(b) The amount of the substitution credit may be the same as, more than, or less than the permitted withdrawal to be terminated, and is dependent on the following factors:

1. The specific timing, location, and amount of the existing permitted withdrawal to be terminated,

2. The specific timing and location of the desired withdrawal by the applicant,

3. The particular hydrogeology of the area; and,

4. Whether the District's rule establishes a requirement for no net adverse impact or a net positive impact on the water resource.

(c) If an applicant meets the conditions for permit issuance after consideration of the substitution credit, the District shall incorporate the substitution credit into the permit. The duration of a substitution credit shall be limited to the duration of the consumptive use permit in which it is incorporated.

(d) The benefit of a substitution credit, or a portion thereof, shall accrue to the reuse utility providing the reclaimed water, or one or more entities designated by the reuse utility, provided the reuse utility or designated entity demonstrates a demand for the water and meets the conditions for permit issuance. If the reuse utility or designated entity cannot demonstrate a demand for all of the water made available by the reduction in the permitted withdrawal, any remaining water shall be available for use in accordance with District rules.

(e) For permits containing a substitution credit, if a permittee proposes to decrease the amount of reclaimed water provided, change the location of the reclaimed water use, or change the location or amount of the surface water or groundwater withdrawal, the permittee shall apply for a permit modification for review by the District to determine the resource impacts associated with the change and determine if the conditions for permit issuance are met.

(f) When reviewing an application for renewal of a consumptive use permit containing a substitution credit, the District shall renew the allocation based on the continuation of the substitution credit provided the conditions for permit issuance are met.

(g) Substitution credits shall not be granted for past actions or actions taken under existing permits, unless the credits are already authorized in a permit. This limitation shall not restrict the District's consideration of the effect of past actions when considering the potential impacts of a permit application, or consideration of a permittee's request to modify an existing permit to quantify the amount of any substitution credit remaining available.

(h) Substitution credits recognized in a consumptive use permit cannot be transferred to other users, except in the same manner as the permit itself and in compliance with applicable water management district rules.

(9) Supplementation of reclaimed water systems is a strategy that can benefit Florida's water resources by reducing reliance on traditional water supplies and maximizing the use of reclaimed water.

(a) When use of water for supplementation is requested, as part of the permit application review, the District shall require that an applicant provide reasonable assurance that:

1. The use of water for supplementation will increase the amount of reuse, thereby resulting in a reduction in the overall use of higher quality sources for non-potable purposes, and, if applicable, reduce the amount of reclaimed water disposal to the extent practicable; and,

2. The quantity of water requested for supplementation to achieve the requirements in subparagraph 62-40.416(9)(a) 1., F.A.C., has been minimized to the extent environmentally, technically, and economically feasible. When using stormwater for supplementation, environmental feasibility may include a consideration of water quality benefits achieved by reducing stormwater discharges.

(b) To meet the requirements of subparagraph 62-40.416(9)(a) 2., F.A.C., the District shall require a plan from the applicant for the use of supplemental water in the reclaimed water system. The plan shall demonstrate why the requested quantity of water is needed to reasonably meet demands, how it will be used efficiently in the system, and, if applicable, how it will be used to expand the system. The plan shall consider the following elements to the extent applicable to the utility's requested use of supplemental water in the reclaimed water system:

1. Use of lower quality water sources,

2. The appropriate level of certainty to be provided to end users during drought conditions,

3. Reclaimed water interconnects with other reuse utilities,

4. Providing customers with information explaining the need to conservatively use reclaimed water,

5. Regulatory constraints or requirements on discharges,

6. Demand management when using the supplemental water, which can include financial incentives for voluntary use reductions,

7. Creation of additional storage; and,

8. Any other measures identified by the applicant to demonstrate the efficient use of supplemental water.

Fla. Admin. Code Ann. R. 62-40.416

Rulemaking Authority 373.016, 373.019, 373.026(7), 373.036, 373.043, 373.171, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.039, 373.042, 373.0421, 373.103, 373.171, 373.175, 373.223, 373.233, 373.236, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.703, 403.0615(3), 403.064, 403.0891 FS.

New 7-20-95, Amended 1-7-97, 5-7-05, 5-6-13, 5-3-14.

New 7-20-95, Amended 1-7-97, 5-7-05, 5-6-13, 5-3-14.