Florida Regulations 40E-2.061: General Permits by Rule
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Certain specified uses have been determined to be reasonable-beneficial, not interfering with existing legal uses, and consistent with the public interest pursuant to Florida Statutes § 373.223 The Board hereby grants a General Permit by Rule for all non-exempt consumptive uses within the District that satisfy the following criteria:
(1) General Permit by Rule for Landscape Irrigation at a Single Family Dwelling or Duplex.
(a) The Board hereby grants a general permit to each person for the use, withdrawal, or diversion of water at a single family dwelling or duplex including, but not limited to, home lawn and ornamental irrigation, car washing, and other incidental uses provided that water is obtained from a single on-site withdrawal facility, such as a private irrigation well or surface water diversion, for each single family dwelling or duplex; that landscape irrigation is conducted in accordance with Chapters 40E-21 and 40E-24, F.A.C., or with any approved variance; and that the amount of water used is limited to only that necessary for efficient utilization.
(b) When reclaimed water is available, the use of a private irrigation well or surface water diversion for home lawn and ornamental irrigation is not authorized under this section. Reclaimed water is deemed available when reclaimed water is provided by a utility through a point of connection at the property boundary.
(c) Persons using or proposing to use water in a manner that differs from the conditions imposed by Fl. Admin. Code Chapter 40E-24, shall apply for a modification of this permit pursuant to subsection 40E-2.331(4), F.A.C.
(2) General Permit by Rule for Short-Term Dewatering.
(a) The Board hereby grants a general permit for the use of water in conjunction with short-term dewatering operations, such as well pointing, utility construction, lake construction, exploratory testing, and other minor uses; aquifer performance tests; or in conjunction with a short-term Remedial Action Plan approved by the state or local agency having legal jurisdiction over such activities, provided the following criteria are met:
1. Has a maximum daily pumpage of less than 5 million gallons (MG) and a maximum total project pumpage of less than 100 MG over a one year period;
2. Will retain all discharge on the project site unless associated with an aquifer performance test;
3. Will not dewater to a depth below 0.0 feet NGVD (or equivalent NAVD) within 1,000 feet of saline water, except when dewatering water with a chloride concentration of greater than 1,000 milligrams per liter;
4. Will not occur within 100 feet of a wastewater treatment plant rapid-rate land application system permitted under Part IV of Fl. Admin. Code Chapter 62-610;
5. Will not occur within 1,000 feet of a known landfill or contamination; and,
6. Will not occur within 1,000 feet of a freshwater wetland unless dewatering activities are completed within 60 days.
(b) In proceeding with a general permit by rule for dewatering, the permittee acknowledges that the dewatering operation is subject to the Permit Conditions in Section 5.0 of the Applicant’s Handbook, including responsibility for mitigating any harm that may occur as a result of the dewatering to existing legal uses, off-site land uses, or natural resources.
(c) Linear projects, such as roads, utilities, or pipelines, may qualify for multiple general permits by rule. The dewatering activity for these projects may have a rolling one-year duration, in which the dewatering operation at the end of each one year period occurs no more than one mile from the location at the beginning of each one year period.
(3) General Permit by Rule for Closed-Loop Systems.
(a) The Board hereby grants a general permit for the use of water for cooling/heating systems for swimming pools and air conditioning units provided the following criteria are met:
1. The withdrawal and discharge points are on property legally controlled by the permittee;
2. The water is discharged to the same source, aquifer, or permeable zone from which it is withdrawn;
3. The discharge or injection has been permitted by the Department; and,
4. The water has no contact or mixing with other water sources, additives, and chemicals.
(b) In proceeding with a general permit by rule for closed-loop systems, the permittee acknowledges that the use is subject to the Permit Conditions in Section 5.0 of the Applicant’s Handbook, including responsibility for mitigating any harm that may occur as a result of the withdrawal to existing legal uses, off-site land uses, or natural resources.
(c) The permittee shall not utilize the withdrawal facility associated with this general permit by rule for any other type of consumptive use.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS. History-New 3-15-10, Amended 7-14-14, 9-7-15.
Terms Used In Florida Regulations 40E-2.061
- 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.
(a) The Board hereby grants a general permit to each person for the use, withdrawal, or diversion of water at a single family dwelling or duplex including, but not limited to, home lawn and ornamental irrigation, car washing, and other incidental uses provided that water is obtained from a single on-site withdrawal facility, such as a private irrigation well or surface water diversion, for each single family dwelling or duplex; that landscape irrigation is conducted in accordance with Chapters 40E-21 and 40E-24, F.A.C., or with any approved variance; and that the amount of water used is limited to only that necessary for efficient utilization.
(b) When reclaimed water is available, the use of a private irrigation well or surface water diversion for home lawn and ornamental irrigation is not authorized under this section. Reclaimed water is deemed available when reclaimed water is provided by a utility through a point of connection at the property boundary.
(c) Persons using or proposing to use water in a manner that differs from the conditions imposed by Fl. Admin. Code Chapter 40E-24, shall apply for a modification of this permit pursuant to subsection 40E-2.331(4), F.A.C.
(2) General Permit by Rule for Short-Term Dewatering.
(a) The Board hereby grants a general permit for the use of water in conjunction with short-term dewatering operations, such as well pointing, utility construction, lake construction, exploratory testing, and other minor uses; aquifer performance tests; or in conjunction with a short-term Remedial Action Plan approved by the state or local agency having legal jurisdiction over such activities, provided the following criteria are met:
1. Has a maximum daily pumpage of less than 5 million gallons (MG) and a maximum total project pumpage of less than 100 MG over a one year period;
2. Will retain all discharge on the project site unless associated with an aquifer performance test;
3. Will not dewater to a depth below 0.0 feet NGVD (or equivalent NAVD) within 1,000 feet of saline water, except when dewatering water with a chloride concentration of greater than 1,000 milligrams per liter;
4. Will not occur within 100 feet of a wastewater treatment plant rapid-rate land application system permitted under Part IV of Fl. Admin. Code Chapter 62-610;
5. Will not occur within 1,000 feet of a known landfill or contamination; and,
6. Will not occur within 1,000 feet of a freshwater wetland unless dewatering activities are completed within 60 days.
(b) In proceeding with a general permit by rule for dewatering, the permittee acknowledges that the dewatering operation is subject to the Permit Conditions in Section 5.0 of the Applicant’s Handbook, including responsibility for mitigating any harm that may occur as a result of the dewatering to existing legal uses, off-site land uses, or natural resources.
(c) Linear projects, such as roads, utilities, or pipelines, may qualify for multiple general permits by rule. The dewatering activity for these projects may have a rolling one-year duration, in which the dewatering operation at the end of each one year period occurs no more than one mile from the location at the beginning of each one year period.
(3) General Permit by Rule for Closed-Loop Systems.
(a) The Board hereby grants a general permit for the use of water for cooling/heating systems for swimming pools and air conditioning units provided the following criteria are met:
1. The withdrawal and discharge points are on property legally controlled by the permittee;
2. The water is discharged to the same source, aquifer, or permeable zone from which it is withdrawn;
3. The discharge or injection has been permitted by the Department; and,
4. The water has no contact or mixing with other water sources, additives, and chemicals.
(b) In proceeding with a general permit by rule for closed-loop systems, the permittee acknowledges that the use is subject to the Permit Conditions in Section 5.0 of the Applicant’s Handbook, including responsibility for mitigating any harm that may occur as a result of the withdrawal to existing legal uses, off-site land uses, or natural resources.
(c) The permittee shall not utilize the withdrawal facility associated with this general permit by rule for any other type of consumptive use.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS. History-New 3-15-10, Amended 7-14-14, 9-7-15.