Florida Regulations 40C-2.051: Exemptions
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No permit shall be required under the provisions of this chapter for the following water uses:
(1) Domestic consumption of water by individual users as defined by Florida Statutes § 373.019(6) (2013).
(2) Those uses for which certification has been obtained pursuant to the provisions of the Florida Electrical Power Plant Siting Act or the Statewide Multipurpose Hazardous Waste Facility Siting Act (2013).
(3) Withdrawals of ground or surface water to remove pollutants from contaminated water, in the following circumstances:
(a) Ground water may be withdrawn in any quantity for any duration if it is recharged on site to the aquifer from which it was withdrawn by either infiltration or direct injection.
(b) Surface water may be withdrawn in any quantity for any duration only from wholly-owned impoundments or works which are no deeper than the lowest extent of the uppermost water bearing stratum and which have no surface hydrologic connection off site, and the surface water must be recharged on site to the uppermost water bearing stratum by either infiltration or direct injection.
(c) Infiltration under this subsection may be accomplished by the use of land application or by discharge to wholly-owned impoundments or works, so long as there is no surface discharge off site. The withdrawal and recharge under this subsection must be done in a manner that does not contravene paragraphs 40C-2.301(1)(b), (2)(b), (e), (f), (g) and (h), F.A.C.
(d) Ground water may be withdrawn from wells which withdraw from the surficial aquifer provided the cumulative withdrawals at any one time do not exceed 100,000 gallons per day.
(4) Withdrawals of groundwater for aquifer performance tests requested by District staff as information needed to review a consumptive use permit application, provided that the withdrawal of water for the pump test shall be for a period of not more than 30 days, shall not interfere with existing uses of water and shall be performed in accordance with an aquifer performance test plan approved by District staff.
(5) Withdrawals of surface water solely for flood control when:
(a) The withdrawal is accomplished by and was approved as part of a surface water management system which has received a management and storage of surface water permit pursuant to Chapter 40C-4 or 62-330, F.A.C., or
(b) The withdrawal is conducted by a municipality, county, agency of the executive branch of the state or the federal government and is accomplished by a surface water management system which meets the terms and conditions of the exemption contained in subsection 40C-4.051(2), F.A.C., and the withdrawal is consistent with the system’s plans, specifications, and performance criteria existing on the relevant exemption date.
(6) Water, whether withdrawn or diverted, when used for purposes of protection of fish and wildlife or the public health and safety when and where the Governing Board has, by Fl. Admin. Code R. 40C-2.302, reserved said water from use by permit applicants pursuant to SubFlorida Statutes § 373.223(4) (2013).
(7) Withdrawals of ground or surface water to facilitate construction (not including borrow or mining excavations) on or below ground surface (dewatering) subject to the following conditions:
(a) The withdrawal is conducted by one of the following:
1. A conventional wellpoint system consisting of one or more stages of wellpoints installed near the excavation in lines or rings. These wellpoints shall be installed in variable spacings, and connected to a common header pumped by one or more wellpoint pumps.
2. Vacuum underdrain consisting of a typical pipeline dewatering with the underdrain or “”sock”” placed horizontally below the design invert elevation of the pipeline via a large trenching machine. The underdrain is connected to a pump with the water conveyed through the underdrain and discharged from the pump.
3. Shallow vacuum well consisting of one or more stages installed near an excavation in lines or rings. Vacuum wells shall be constructed of six inch or smaller pipe with a slotted screen area near the bottom of the well, and connected to a common header pumped by one or more pumps.
4. Hydraulic pumps to dewater stormwater management ponds and basins, as part of their construction or maintenance, through the discharge control structures. The stormwater management pond or basin and associated discharge control structure must have been permitted by the District and be in operational phase at the time the dewatering is to occur.
(b) The withdrawal is 300,000 gallons per day or less.
(c) The withdrawal does not exceed 30 days in duration.
(d) The water withdrawn is not discharged directly into an Outstanding Florida Water (OFW), Class I or Class II waterbody. A direct discharge means a discharge which enters OFW, Class I or Class II waters without an adequate opportunity for prior mixing and dilution to prevent significant degradation.
(e) The following turbidity control measures are implemented, as appropriate, for any discharges off-site:
1. If the discharge is to be to a drainage system, the water shall be piped directly into the drainage structure, if possible; but if the discharge is through a swale or overland to a structure or water body, the path of discharge shall be lined with plastic sheeting, sod or hay bales appropriately, to prevent a turbid discharge to the structure or water body.
2. If water will discharge to an open water body, appropriate fabric silt screen or hay bales shall be used to prevent turbid discharges. When possible, a detention area shall be established to allow suspended solids to settle prior to entering the water body.
3. If the above turbidity control measures are inadequate to retain sediment on-site and prevent turbid discharge, additional or modified erosion and sediment control measures must be selected, implemented, and operated as necessary to prevent harmful water quality impacts from dewatering discharges to receiving waters.
(8) Withdrawals of surface water (dewatering) by a drainage pump, which serves an agricultural operation, provided that the operation of the pump has been authorized by a permit issued pursuant to Chapter 40C-44 or Chapter 40C-4, 40C-40 or 62-330, F.A.C., which incorporated the requirements of Fl. Admin. Code Chapter 40C-44 However, activities which are exempt from the requirements of Chapters 40C-4, 40C-44 and 62-330, F.A.C., are not exempt from the need to obtain a consumptive use permit under this subsection.
(9) Withdrawals of ground or surface water for fire protection purposes.
(10) The use of seawater from any sea, gulf, or ocean, excluding estuaries, lagoons, rivers, streams, and intracoastal waters.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.216, 373.219, 373.250, 403.511 FS. History-New 1-1-83, Formerly 40C-2.051, 40C-2.0051, Amended 8-18-87, 11-19-87, 9-12-89, 12-6-93, 8-17-94, 4-25-96, 10-2-96, 11-11-03, 2-15-06, 8-14-14, 11-3-15, 7-1-18.
(2) Those uses for which certification has been obtained pursuant to the provisions of the Florida Electrical Power Plant Siting Act or the Statewide Multipurpose Hazardous Waste Facility Siting Act (2013).
(3) Withdrawals of ground or surface water to remove pollutants from contaminated water, in the following circumstances:
(a) Ground water may be withdrawn in any quantity for any duration if it is recharged on site to the aquifer from which it was withdrawn by either infiltration or direct injection.
(b) Surface water may be withdrawn in any quantity for any duration only from wholly-owned impoundments or works which are no deeper than the lowest extent of the uppermost water bearing stratum and which have no surface hydrologic connection off site, and the surface water must be recharged on site to the uppermost water bearing stratum by either infiltration or direct injection.
(c) Infiltration under this subsection may be accomplished by the use of land application or by discharge to wholly-owned impoundments or works, so long as there is no surface discharge off site. The withdrawal and recharge under this subsection must be done in a manner that does not contravene paragraphs 40C-2.301(1)(b), (2)(b), (e), (f), (g) and (h), F.A.C.
(d) Ground water may be withdrawn from wells which withdraw from the surficial aquifer provided the cumulative withdrawals at any one time do not exceed 100,000 gallons per day.
(4) Withdrawals of groundwater for aquifer performance tests requested by District staff as information needed to review a consumptive use permit application, provided that the withdrawal of water for the pump test shall be for a period of not more than 30 days, shall not interfere with existing uses of water and shall be performed in accordance with an aquifer performance test plan approved by District staff.
(5) Withdrawals of surface water solely for flood control when:
(a) The withdrawal is accomplished by and was approved as part of a surface water management system which has received a management and storage of surface water permit pursuant to Chapter 40C-4 or 62-330, F.A.C., or
(b) The withdrawal is conducted by a municipality, county, agency of the executive branch of the state or the federal government and is accomplished by a surface water management system which meets the terms and conditions of the exemption contained in subsection 40C-4.051(2), F.A.C., and the withdrawal is consistent with the system’s plans, specifications, and performance criteria existing on the relevant exemption date.
(6) Water, whether withdrawn or diverted, when used for purposes of protection of fish and wildlife or the public health and safety when and where the Governing Board has, by Fl. Admin. Code R. 40C-2.302, reserved said water from use by permit applicants pursuant to SubFlorida Statutes § 373.223(4) (2013).
(7) Withdrawals of ground or surface water to facilitate construction (not including borrow or mining excavations) on or below ground surface (dewatering) subject to the following conditions:
(a) The withdrawal is conducted by one of the following:
1. A conventional wellpoint system consisting of one or more stages of wellpoints installed near the excavation in lines or rings. These wellpoints shall be installed in variable spacings, and connected to a common header pumped by one or more wellpoint pumps.
2. Vacuum underdrain consisting of a typical pipeline dewatering with the underdrain or “”sock”” placed horizontally below the design invert elevation of the pipeline via a large trenching machine. The underdrain is connected to a pump with the water conveyed through the underdrain and discharged from the pump.
3. Shallow vacuum well consisting of one or more stages installed near an excavation in lines or rings. Vacuum wells shall be constructed of six inch or smaller pipe with a slotted screen area near the bottom of the well, and connected to a common header pumped by one or more pumps.
4. Hydraulic pumps to dewater stormwater management ponds and basins, as part of their construction or maintenance, through the discharge control structures. The stormwater management pond or basin and associated discharge control structure must have been permitted by the District and be in operational phase at the time the dewatering is to occur.
(b) The withdrawal is 300,000 gallons per day or less.
(c) The withdrawal does not exceed 30 days in duration.
(d) The water withdrawn is not discharged directly into an Outstanding Florida Water (OFW), Class I or Class II waterbody. A direct discharge means a discharge which enters OFW, Class I or Class II waters without an adequate opportunity for prior mixing and dilution to prevent significant degradation.
(e) The following turbidity control measures are implemented, as appropriate, for any discharges off-site:
1. If the discharge is to be to a drainage system, the water shall be piped directly into the drainage structure, if possible; but if the discharge is through a swale or overland to a structure or water body, the path of discharge shall be lined with plastic sheeting, sod or hay bales appropriately, to prevent a turbid discharge to the structure or water body.
2. If water will discharge to an open water body, appropriate fabric silt screen or hay bales shall be used to prevent turbid discharges. When possible, a detention area shall be established to allow suspended solids to settle prior to entering the water body.
3. If the above turbidity control measures are inadequate to retain sediment on-site and prevent turbid discharge, additional or modified erosion and sediment control measures must be selected, implemented, and operated as necessary to prevent harmful water quality impacts from dewatering discharges to receiving waters.
(8) Withdrawals of surface water (dewatering) by a drainage pump, which serves an agricultural operation, provided that the operation of the pump has been authorized by a permit issued pursuant to Chapter 40C-44 or Chapter 40C-4, 40C-40 or 62-330, F.A.C., which incorporated the requirements of Fl. Admin. Code Chapter 40C-44 However, activities which are exempt from the requirements of Chapters 40C-4, 40C-44 and 62-330, F.A.C., are not exempt from the need to obtain a consumptive use permit under this subsection.
(9) Withdrawals of ground or surface water for fire protection purposes.
(10) The use of seawater from any sea, gulf, or ocean, excluding estuaries, lagoons, rivers, streams, and intracoastal waters.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.216, 373.219, 373.250, 403.511 FS. History-New 1-1-83, Formerly 40C-2.051, 40C-2.0051, Amended 8-18-87, 11-19-87, 9-12-89, 12-6-93, 8-17-94, 4-25-96, 10-2-96, 11-11-03, 2-15-06, 8-14-14, 11-3-15, 7-1-18.