Florida Regulations 40D-2.371: Ten Year Compliance Reporting
Current as of: 2024 | Check for updates
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(1) Except for permits issued pursuant to Florida Statutes § 373.236(6), permits issued for a duration of 20 years or longer shall require submittal of a compliance report under Florida Statutes § 373.236(4), once every ten years, when necessary to maintain reasonable assurances that the conditions for issuance can continue to be met. Permits issued for greater than 20 years pursuant to Florida Statutes § 373.236(6), shall require submittal of a compliance report once every five years.
(2) The report shall include sufficient information to maintain reasonable assurance that the permittee’s use can continue, for the remaining duration of the permit, to meet the conditions for issuance set forth in the rules existing when the District issued the permit. After reviewing this report, the District will modify the permit, if required to ensure that the use of water authorized by the permit can continue to meet the conditions for issuance set forth in the rules existing when the District issued the permit. As required by Sections 120.569 and 120.60, F.S., the District shall provide notice of intent to modify the permit.
(3) For all water use classes, when economic conditions or population growth rates result in the actual water use being lower than permitted water use, a modification to reduce the permitted allocation shall only be made by the District when there is no reasonable likelihood that the allocation will be needed during the permit term. For agricultural WUPs for irrigation, reductions in actual use compared to permitted withdrawal that are due to weather events, crop diseases, nursery stock availability, or changes in crop type shall not result in a permit modification by the District to reduce the permitted allocation during the term of the permit.
(4) Additionally, in order to incentivize conservation of water, if actual water use is less than permitted water use due to documented implementation of water conservation measures, the permitted allocation shall not be modified by the District due to these circumstances during the term of the permit.
(5) Nothing in this subsection shall be construed to alter the District’s authority to reduce permitted withdrawals under circumstances not addressed by this section, nor be construed to alter the water conservation requirements of the permit for the duration of the permit.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented Florida Statutes § 373.236. History-New 5-19-14.
(3) For all water use classes, when economic conditions or population growth rates result in the actual water use being lower than permitted water use, a modification to reduce the permitted allocation shall only be made by the District when there is no reasonable likelihood that the allocation will be needed during the permit term. For agricultural WUPs for irrigation, reductions in actual use compared to permitted withdrawal that are due to weather events, crop diseases, nursery stock availability, or changes in crop type shall not result in a permit modification by the District to reduce the permitted allocation during the term of the permit.
(4) Additionally, in order to incentivize conservation of water, if actual water use is less than permitted water use due to documented implementation of water conservation measures, the permitted allocation shall not be modified by the District due to these circumstances during the term of the permit.
(5) Nothing in this subsection shall be construed to alter the District’s authority to reduce permitted withdrawals under circumstances not addressed by this section, nor be construed to alter the water conservation requirements of the permit for the duration of the permit.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented Florida Statutes § 373.236. History-New 5-19-14.