Florida Regulations 40A-2.061: General Water Use Permits by Rule
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(1) General Water Use Permit by Rule.
(a) The Board hereby grants a General Water Use Permit for all non-exempt, water uses of water that satisfy the following criteria:
1. Have a cumulative average annual daily withdrawal less than 100,000 gallons per day on an annual basis;
2. Are from facilities having a cumulative withdrawal capacity of less than 1,000,000 gallons per day;
3. Are from groundwater wells less than eight (8) inches in diameter;
4. Are from surface water facilities which have a cumulative intake diameter less than six (6) inches;
5. Are consistent with requirements of any applicable mandatory reuse zones; and
6. Are not within a Water Resource Caution Area or Area of Resource Concern as delineated in Fl. Admin. Code R. 40A-2.902
(b) The General Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook, effective April 29, 2015, (http://www.flrules.org/Gateway/reference.asp?No=Ref-05281), and hereby incorporated by reference in its entirety and can be obtained from the District’s website (nwfwater.com) or from District offices upon request.
(2) General Water Use Permit by Rule for Short-Term Projects.
(a) The Board hereby grants a General Water Use Permit for the use of water in conjunction with the following short-term projects: dewatering operations as described in Fl. Admin. Code R. 40A-2.501, for purposes such as utility construction and foundation installation; lake drawdown for construction or repair; hydrostatic pipeline testing; exploratory groundwater testing; or aquifer performance tests; provided the use meets the following criteria:
1. Has a duration of 180 days or less;
2. Has a maximum daily withdrawal of less than five (5) million gallons;
3. Has a maximum total project withdrawal or diversion of:
a. Less than 100 million gallons for dewatering operations if all discharge is retained on the project site;
b. Less than 100 million gallons for lake drawdown; or
c. Less than 35 million gallons for projects other than dewatering or lake drawdown.
4. Dewatering is occurring only in the uppermost, water table aquifer.
5. Will not dewater to a depth below 0.0 feet NGVD within 1,000 feet of saline water laterally, except when dewatering water with a chloride concentration of greater than 1,000 milligrams per liter;
6. Will not occur within 500 feet of a wastewater treatment plant rapid-rate land application system permitted under Part IV of Fl. Admin. Code Chapter 62-610; and,
7. Will not occur within 1,000 feet of any known groundwater contamination in the water bearing zone being dewatered.
(b) Linear projects, such as roads, utilities, or pipelines, qualify for multiple General Water Use Permits by Rule having a rolling 90-day duration, in which the dewatering operation at the end of each 90-day period occurs more than one (1) linear mile from the location at the beginning of each 90-day period.
(c) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook.
(3) General Water Use Permit by Rule for Closed-Loop Systems.
(a) The Board hereby grants a General Water Use Permit for the use of water in closed-loop, cooling/heating systems for swimming pools and air conditioning units provided the following criteria are met:
1. The system withdraws less than an annual daily average of 100,000 gallons;
2. The withdrawal and discharge points are on property legally controlled by the permittee;
3. The water is discharged to the same source, aquifer, or permeable zone from which it is withdrawn;
4. The discharge or injection has been permitted by the Department or is exempt from such permitting;
5. The water has no contact or mixing with other water sources, additives, and chemicals; and
6. The use is not from the Floridan Aquifer within the Santa Rosa, Okaloosa, and Walton County Water Resource Caution Area.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(4) General Water Use Permit by Rule for Aquifer Remediation Activities.
(a) The Board hereby grants a General Water Use Permit for the use of water for aquifer or groundwater remediation, provided the following criteria are met:
1. The project is conducted according to a Remedial Action Plan approved by the federal, state or local agency having legal jurisdiction over such activities;
2. The treated effluent is returned via infiltration or direct injection into the same source, aquifer, or permeable zone from which it is withdrawn; and
3. The treated effluent meets applicable Department water quality standards.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook.
(5) General Water Use Permit by Rule for Specific Uses in Portions of Gadsden County.
(a) The Board hereby grants a General Water Use Permit for water uses in the Upper Telogia Creek Drainage Basin Water Resource Caution Area and Area of Resource Concern of Gadsden County, provided the following criteria are met:
1. The system has an annual average daily withdrawal less than 15,000 gallons;
2. Groundwater is withdrawn from wells that are four (4) inches or less in diameter;
3. Surface water facilities have a cumulative diameter less than four (4) inches;
4. Surface water use does not exceed ten (10) percent of the base flow of the supplying water body; and
5. Use is consistent with requirements of any applicable mandatory reuse zones.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(6) General Water Use Permit by Rule for Specific Uses in Portions of Santa Rosa County.
(a) The Board hereby grants a General Water Use Permit for water uses in the Water Resource Caution Area of Santa Rosa County, provided the following criteria are met:
1. The system has an annual average daily withdrawal less than 15,000 gallons;
2. Groundwater is withdrawn from wells that are four (4) inches or less in diameter and have a total depth of 100 feet or less;
3. Surface water facilities have a cumulative diameter less than four (4) inches; and
4. Use is consistent with requirements of any applicable mandatory reuse zones.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(7) General Water Use Permit by Rule for Specific Uses in Portions of Okaloosa and Walton Counties.
(a) The Board hereby grants a General Water Use Permit for water uses in the Water Resource Caution Area of Okaloosa and Walton counties, provided the following criteria are met:
1. The system has an annual average daily withdrawal less than 15,000 gallons;
2. Groundwater is withdrawn from wells that are four (4) inches or less in diameter and do not penetrate any competent and continuous confining formation;
3. Surface water facilities have a cumulative diameter less than four (4) inches; and
4. Use is consistent with requirements of any applicable mandatory reuse zones.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(8) General Water Use Permit by Rule for Specific Uses in Portions of Bay County.
(a) The Board hereby grants a General Water Use Permit for water uses in the Area of Resource Concern of Bay County, provided the following criteria are met:
1. The system has an annual average daily withdrawal less than 100,000 gallons;
2. Groundwater is withdrawn from wells that are less than six (6) inches in diameter;
3. Surface water facilities have a cumulative diameter less than four (4) inches; and
4. Use is consistent with requirements of any applicable mandatory reuse zones.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(9) The permittee shall not utilize the facility associated with a General Water Use Permit by rule for any type of water use other than those authorized under Fl. Admin. Code R. 40A-2.061
(10) For a use that qualifies for a General Water Use Permit to be afforded protection as an existing legal use in the evaluation of subsequent applications, all withdrawal facilities must be registered, at the time the use begins, with the District in one of the following ways:
(a) The issuance of a well construction permit by the District pursuant to Fl. Admin. Code Chapter 40A-3;
(b) The registration of any legally constructed well by submittal of the facility information required on the well construction permit application; or
(c) The registration of any surface water facility by submittal of: the information required in the Water Use Permit Application (Form 160), Section IV – Sources of Water, in the table “”Summary of Surface Water Facilities””; the owner’s name and address; and a map showing the intake location.
(11) Notwithstanding the criteria enumerated for any General Water Use Permit in this section, a general water use permit is not authorized for any uses, withdrawals or diversions of water from an illegally constructed or disapproved facility.
(12) Notwithstanding the criteria enumerated for any General Water Use Permit in this section, an individual permit is required for all uses, withdrawals or diversions of water for which evidence indicates the use is likely to cause harm to existing legal uses, offsite land uses or water resources and related environmental features.
(13) Any person whose withdrawal otherwise meets the criteria for a General Water Use Permit by Rule may submit an application to obtain an individual permit at their discretion.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.216 FS. History-New 1-5-86, Amended 5-31-92, 11-2-92, 11-1-93, 10-1-95, 1-1-05, Formerly 40A-2.302, Amended 5-29-14, 4-29-15.
Terms Used In Florida Regulations 40A-2.061
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. Have a cumulative average annual daily withdrawal less than 100,000 gallons per day on an annual basis;
2. Are from facilities having a cumulative withdrawal capacity of less than 1,000,000 gallons per day;
3. Are from groundwater wells less than eight (8) inches in diameter;
4. Are from surface water facilities which have a cumulative intake diameter less than six (6) inches;
5. Are consistent with requirements of any applicable mandatory reuse zones; and
6. Are not within a Water Resource Caution Area or Area of Resource Concern as delineated in Fl. Admin. Code R. 40A-2.902
(b) The General Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook, effective April 29, 2015, (http://www.flrules.org/Gateway/reference.asp?No=Ref-05281), and hereby incorporated by reference in its entirety and can be obtained from the District’s website (nwfwater.com) or from District offices upon request.
(2) General Water Use Permit by Rule for Short-Term Projects.
(a) The Board hereby grants a General Water Use Permit for the use of water in conjunction with the following short-term projects: dewatering operations as described in Fl. Admin. Code R. 40A-2.501, for purposes such as utility construction and foundation installation; lake drawdown for construction or repair; hydrostatic pipeline testing; exploratory groundwater testing; or aquifer performance tests; provided the use meets the following criteria:
1. Has a duration of 180 days or less;
2. Has a maximum daily withdrawal of less than five (5) million gallons;
3. Has a maximum total project withdrawal or diversion of:
a. Less than 100 million gallons for dewatering operations if all discharge is retained on the project site;
b. Less than 100 million gallons for lake drawdown; or
c. Less than 35 million gallons for projects other than dewatering or lake drawdown.
4. Dewatering is occurring only in the uppermost, water table aquifer.
5. Will not dewater to a depth below 0.0 feet NGVD within 1,000 feet of saline water laterally, except when dewatering water with a chloride concentration of greater than 1,000 milligrams per liter;
6. Will not occur within 500 feet of a wastewater treatment plant rapid-rate land application system permitted under Part IV of Fl. Admin. Code Chapter 62-610; and,
7. Will not occur within 1,000 feet of any known groundwater contamination in the water bearing zone being dewatered.
(b) Linear projects, such as roads, utilities, or pipelines, qualify for multiple General Water Use Permits by Rule having a rolling 90-day duration, in which the dewatering operation at the end of each 90-day period occurs more than one (1) linear mile from the location at the beginning of each 90-day period.
(c) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook.
(3) General Water Use Permit by Rule for Closed-Loop Systems.
(a) The Board hereby grants a General Water Use Permit for the use of water in closed-loop, cooling/heating systems for swimming pools and air conditioning units provided the following criteria are met:
1. The system withdraws less than an annual daily average of 100,000 gallons;
2. The withdrawal and discharge points are on property legally controlled by the permittee;
3. The water is discharged to the same source, aquifer, or permeable zone from which it is withdrawn;
4. The discharge or injection has been permitted by the Department or is exempt from such permitting;
5. The water has no contact or mixing with other water sources, additives, and chemicals; and
6. The use is not from the Floridan Aquifer within the Santa Rosa, Okaloosa, and Walton County Water Resource Caution Area.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(4) General Water Use Permit by Rule for Aquifer Remediation Activities.
(a) The Board hereby grants a General Water Use Permit for the use of water for aquifer or groundwater remediation, provided the following criteria are met:
1. The project is conducted according to a Remedial Action Plan approved by the federal, state or local agency having legal jurisdiction over such activities;
2. The treated effluent is returned via infiltration or direct injection into the same source, aquifer, or permeable zone from which it is withdrawn; and
3. The treated effluent meets applicable Department water quality standards.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook.
(5) General Water Use Permit by Rule for Specific Uses in Portions of Gadsden County.
(a) The Board hereby grants a General Water Use Permit for water uses in the Upper Telogia Creek Drainage Basin Water Resource Caution Area and Area of Resource Concern of Gadsden County, provided the following criteria are met:
1. The system has an annual average daily withdrawal less than 15,000 gallons;
2. Groundwater is withdrawn from wells that are four (4) inches or less in diameter;
3. Surface water facilities have a cumulative diameter less than four (4) inches;
4. Surface water use does not exceed ten (10) percent of the base flow of the supplying water body; and
5. Use is consistent with requirements of any applicable mandatory reuse zones.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(6) General Water Use Permit by Rule for Specific Uses in Portions of Santa Rosa County.
(a) The Board hereby grants a General Water Use Permit for water uses in the Water Resource Caution Area of Santa Rosa County, provided the following criteria are met:
1. The system has an annual average daily withdrawal less than 15,000 gallons;
2. Groundwater is withdrawn from wells that are four (4) inches or less in diameter and have a total depth of 100 feet or less;
3. Surface water facilities have a cumulative diameter less than four (4) inches; and
4. Use is consistent with requirements of any applicable mandatory reuse zones.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(7) General Water Use Permit by Rule for Specific Uses in Portions of Okaloosa and Walton Counties.
(a) The Board hereby grants a General Water Use Permit for water uses in the Water Resource Caution Area of Okaloosa and Walton counties, provided the following criteria are met:
1. The system has an annual average daily withdrawal less than 15,000 gallons;
2. Groundwater is withdrawn from wells that are four (4) inches or less in diameter and do not penetrate any competent and continuous confining formation;
3. Surface water facilities have a cumulative diameter less than four (4) inches; and
4. Use is consistent with requirements of any applicable mandatory reuse zones.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(8) General Water Use Permit by Rule for Specific Uses in Portions of Bay County.
(a) The Board hereby grants a General Water Use Permit for water uses in the Area of Resource Concern of Bay County, provided the following criteria are met:
1. The system has an annual average daily withdrawal less than 100,000 gallons;
2. Groundwater is withdrawn from wells that are less than six (6) inches in diameter;
3. Surface water facilities have a cumulative diameter less than four (4) inches; and
4. Use is consistent with requirements of any applicable mandatory reuse zones.
(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.
(9) The permittee shall not utilize the facility associated with a General Water Use Permit by rule for any type of water use other than those authorized under Fl. Admin. Code R. 40A-2.061
(10) For a use that qualifies for a General Water Use Permit to be afforded protection as an existing legal use in the evaluation of subsequent applications, all withdrawal facilities must be registered, at the time the use begins, with the District in one of the following ways:
(a) The issuance of a well construction permit by the District pursuant to Fl. Admin. Code Chapter 40A-3;
(b) The registration of any legally constructed well by submittal of the facility information required on the well construction permit application; or
(c) The registration of any surface water facility by submittal of: the information required in the Water Use Permit Application (Form 160), Section IV – Sources of Water, in the table “”Summary of Surface Water Facilities””; the owner’s name and address; and a map showing the intake location.
(11) Notwithstanding the criteria enumerated for any General Water Use Permit in this section, a general water use permit is not authorized for any uses, withdrawals or diversions of water from an illegally constructed or disapproved facility.
(12) Notwithstanding the criteria enumerated for any General Water Use Permit in this section, an individual permit is required for all uses, withdrawals or diversions of water for which evidence indicates the use is likely to cause harm to existing legal uses, offsite land uses or water resources and related environmental features.
(13) Any person whose withdrawal otherwise meets the criteria for a General Water Use Permit by Rule may submit an application to obtain an individual permit at their discretion.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.216 FS. History-New 1-5-86, Amended 5-31-92, 11-2-92, 11-1-93, 10-1-95, 1-1-05, Formerly 40A-2.302, Amended 5-29-14, 4-29-15.