Florida Regulations 40B-2.331: Modification of Permits
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A permittee may seek modification of an unexpired permit consistent with Fl. Admin. Code R. 40B-1.703
(1) A permittee may apply for modification by letter to the District if the proposed modification involves water use less than 100,000 gallons per day. Either the Executive Director or the Assistant Executive Director shall approve proposed modifications by letter without a hearing in the following circumstances, except that any request for modification recommended for denial shall be presented to the Governing Board for final agency action:
(a) When a change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need;
(b) When the proposed modification would result in a more efficient use of water than is possible under the existing permit; or
(c) When a public water supply permittee achieves demonstrable water savings attributable to implementation of a water conservation plan pursuant to subsection 2.3.2.3(b), Water Use Permit Applicant’s Handbook.
(2) A permittee may apply to modify an existing permit to voluntarily implement the District’s water use monitoring and reporting requirements as set forth in Section 4.1 of the Water Use Permit Applicant’s Handbook. The Governing Board shall determine final agency action on modifications under this paragraph.
(3) All permit modification applications other than under subsection (1) above shall comply with the requirements of Florida Statutes § 373.229, and shall contain all of the information required by the permit conditions and by Fl. Admin. Code R. 40B-2.101 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 Fl. Admin. Code R. 40B-2.301, and subject to the limiting conditions in Fl. Admin. Code R. 40B-2.381
(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.
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, 373.185, 373.216, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.244, 373.246, 373.250 FS. History-New 10-1-82, Amended 5-1-83, 1-6-10, 3-14-13, 3-24-14.
(a) When a change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need;
(b) When the proposed modification would result in a more efficient use of water than is possible under the existing permit; or
(c) When a public water supply permittee achieves demonstrable water savings attributable to implementation of a water conservation plan pursuant to subsection 2.3.2.3(b), Water Use Permit Applicant’s Handbook.
(2) A permittee may apply to modify an existing permit to voluntarily implement the District’s water use monitoring and reporting requirements as set forth in Section 4.1 of the Water Use Permit Applicant’s Handbook. The Governing Board shall determine final agency action on modifications under this paragraph.
(3) All permit modification applications other than under subsection (1) above shall comply with the requirements of Florida Statutes § 373.229, and shall contain all of the information required by the permit conditions and by Fl. Admin. Code R. 40B-2.101 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 Fl. Admin. Code R. 40B-2.301, and subject to the limiting conditions in Fl. Admin. Code R. 40B-2.381
(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.
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, 373.185, 373.216, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.244, 373.246, 373.250 FS. History-New 10-1-82, Amended 5-1-83, 1-6-10, 3-14-13, 3-24-14.