Florida Regulations 40C-2.331: Modification of Permits
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(1) A request for modification of a valid permit issued pursuant to Chapter 40C-2 or 40C-20, F.A.C., shall be made as set forth in this section:
(a) By application on District Form Number 40C-2.900(1), 40C-2.900(2), or 40C-2.900(3), which are incorporated by reference in subsections 40C-2.900(1)-(3), F.A.C., as applicable, or
(b) By letter that describes the proposed modification, provided that the modification is not excluded under paragraph (1)(c), below. The letter must include the full permit number for the requested permit modification and must describe the proposed modification.
(c) The following requests for modification are specifically excluded from the letter modification process and must be requested by application under paragraph (1)(a), above:
1. Requests to increase the duration of the consumptive use authorization, except for:
a. Increases in duration that meet the criteria for a water conservation incentive permit extension under Section 1.4.3.3.1(c) of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in Fl. Admin. Code R. 40C-2.101(1)(a), or
b. Increases in duration due to a change in statutory law that authorizes a longer permit duration,
2. Requests to increase the consumptive use allocation(s), except for:
a. Increases in use of water from a man-made surface water management system that do not increase the allocation by 100,000 or more gallons per day on an annual average basis, or
b. The addition of landscape irrigation of less than one acre, or
c. Increases due to a change from an annualized incremented allocation to an end of permit (total quantity) annual allocation, or
d. Increases in allocation due to combining multiple permits into one permit, without increasing the duration or changing the distribution of the allocation of any of the permits except as allowed by other provisions of this paragraph,
3. Requests to change the permitted use type,
4. Requests to add withdrawal points, unless the addition:
a. Is for backup-allocation purposes to increase the permittee’s ability to meet peak demands, or
b. Is for the use of water from a man-made surface water management system,
5. Requests to change the source(s) of withdrawal(s), unless the change is to use water from a man-made surface water management system, or
6. Requests to change the location(s) of withdrawal point(s), unless the change:
a. Is for the relocation of withdrawal point(s) from a man-made surface water management system, or
b. Is for the relocation of a proposed well or replacement of an existing well or wells producing from the same hydrostratigraphic unit as the proposed well or existing well(s) and does not cause impacts to the water resources of the area or existing offsite land uses beyond those evaluated under the consumptive use permit.
(2) A request for modification need only provide information and meet the conditions for issuance in Fl. Admin. Code R. 40C-2.301, that relate to the modification request, in accordance with Florida Statutes § 373.239(2) A permit which has expired or which has been revoked shall not be subject to modification. A denial of a request for modification under paragraph (1)(a) or (1)(b), above, shall be processed as provided in Sections 1.4.3.3.1(b) and 1.4.3.3.2 of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in Fl. Admin. Code R. 40C-2.101(1)(a)
(3) Modification by letter in accordance with paragraph (1)(b), above, must be approved and acknowledged in writing through correspondence to the applicant by a District staff member designated by the District Executive Director.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.083(5), 373.219, 373.223, 373.229, 373.239 FS. History-New 1-2-77, Amended 1-1-83, Formerly 40C-2.33, 40C-2.331, 40C-2.0331, Amended 4-25-96, 10-2-96, 2-2-12, 8-14-14, 11-3-15, 7-1-18.
(b) By letter that describes the proposed modification, provided that the modification is not excluded under paragraph (1)(c), below. The letter must include the full permit number for the requested permit modification and must describe the proposed modification.
(c) The following requests for modification are specifically excluded from the letter modification process and must be requested by application under paragraph (1)(a), above:
1. Requests to increase the duration of the consumptive use authorization, except for:
a. Increases in duration that meet the criteria for a water conservation incentive permit extension under Section 1.4.3.3.1(c) of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in Fl. Admin. Code R. 40C-2.101(1)(a), or
b. Increases in duration due to a change in statutory law that authorizes a longer permit duration,
2. Requests to increase the consumptive use allocation(s), except for:
a. Increases in use of water from a man-made surface water management system that do not increase the allocation by 100,000 or more gallons per day on an annual average basis, or
b. The addition of landscape irrigation of less than one acre, or
c. Increases due to a change from an annualized incremented allocation to an end of permit (total quantity) annual allocation, or
d. Increases in allocation due to combining multiple permits into one permit, without increasing the duration or changing the distribution of the allocation of any of the permits except as allowed by other provisions of this paragraph,
3. Requests to change the permitted use type,
4. Requests to add withdrawal points, unless the addition:
a. Is for backup-allocation purposes to increase the permittee’s ability to meet peak demands, or
b. Is for the use of water from a man-made surface water management system,
5. Requests to change the source(s) of withdrawal(s), unless the change is to use water from a man-made surface water management system, or
6. Requests to change the location(s) of withdrawal point(s), unless the change:
a. Is for the relocation of withdrawal point(s) from a man-made surface water management system, or
b. Is for the relocation of a proposed well or replacement of an existing well or wells producing from the same hydrostratigraphic unit as the proposed well or existing well(s) and does not cause impacts to the water resources of the area or existing offsite land uses beyond those evaluated under the consumptive use permit.
(2) A request for modification need only provide information and meet the conditions for issuance in Fl. Admin. Code R. 40C-2.301, that relate to the modification request, in accordance with Florida Statutes § 373.239(2) A permit which has expired or which has been revoked shall not be subject to modification. A denial of a request for modification under paragraph (1)(a) or (1)(b), above, shall be processed as provided in Sections 1.4.3.3.1(b) and 1.4.3.3.2 of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in Fl. Admin. Code R. 40C-2.101(1)(a)
(3) Modification by letter in accordance with paragraph (1)(b), above, must be approved and acknowledged in writing through correspondence to the applicant by a District staff member designated by the District Executive Director.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.083(5), 373.219, 373.223, 373.229, 373.239 FS. History-New 1-2-77, Amended 1-1-83, Formerly 40C-2.33, 40C-2.331, 40C-2.0331, Amended 4-25-96, 10-2-96, 2-2-12, 8-14-14, 11-3-15, 7-1-18.