Title: Chapter 17-40, F.A.C., Water Policy
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Permanent Link: http://ufdc.ufl.edu/UF00052872/00001
 Material Information
Title: Chapter 17-40, F.A.C., Water Policy
Alternate Title: Chapter 17-40, F.A.C., Water Policy. December 6, 1993: Amendments to Chapter 17-40 as Adopted by the Environmental Regulation Commission
Physical Description: 19p.
Language: English
Publication Date: December 1, 1993
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 23 ( SF STATE WATER POLICY ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052872
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text

December 6, 1993: Amendments to Chapter 17-40 as Adopted Ik"JC -
by the Environmental Regulation Commission on December 1, 1993



17-40.110 Declaration and Intent.
17-40.120 Department Rules.
17-40.210 Definitions.
17-40.310 General Policies.
17-40.40110 Water UJeandr Rtuse Supply Protection and Management.
17-40.412 Water Conservation
17-40.416 Water Reuse
17-40.402422 VWter Trnspor- Interdistrict Transfer
17-40.403430 Water Quality Protection and Management.
17-40.404432 Surface Water Management.
17-40.450 Flood Protection
17-40.458 Floodplain Protection
17-40.470 Natural Systems Protection and Management
17-40.405473 Minimum Flows and Levels.
17-40.475 Protection Areas for Surface Waters

17-40.510 Florida Water Plan
17-40.56020 District Water Management Plans.
17-40.530 Department Review of District Water Management Plans
17-40.540 Water Data

17-40.0-1610 Review and Application.

December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

PART I 50 and developed in the programs, rules, and plans
2 GENERAL WATER POLICY of the Department and water management
52 districts.
(7) Government services should be provided effi-
4 17-40.110 Declaration and Intent. 54 cientlv. Inefficiency resulting from duplication of
(1) The waters of the state are among its basic re- permitting shall be eliminated where appropri-
6 sources. Such waters should be managed to con- 56 ate, including water quality and water quantity
serve and protect natural resources and scenic permitting functions.
8 beauty and to realize the full beneficial use of the58 (8) Public education, awareness, and partici-
resource. Recognizing the importance of water to nation shall be encouraged. The Department and
10 the state, the Legislature passed the Water Re 60 Districts should assist educational institutions in
sources Act, Chapter 373, Florida Statutes, and the development of educational curricula and re-
12 the Air and Water Pollution Control Act, Chapter 62 search programs which meet Florida's present
403, Florida Statutes. Additionally, numerous and future water management needs.
14 goals and policies within the State Comprehen-
sive Plan, Chapter 187, Florida Statutes, address64 (9. This Chapter does not repeal, amend or
16 water resources and natural systems protection. otherwise alter any rule now existing or later
66 adopted by the Department or Districts. How-
1(2) This Chapter is intended to eleify provide ever, procedures are included in this Chapter
18 water policy goals, objectives, and guidance for68 which provide for the review and medication of
the development and review of programs, rules, department and District plans, rorams, and
20 and plans relating to water resources, as ex-
20 nd lan relating to water resources, 70 rules to assure consistency with the provisions of
pressed in Chapters 187, 373, and 403, Florida this Chapter. The procedure for modification of
22 Statutes, and- to -th crw prvi gidanc 72 District rules as requested by the Department
t r and Ditr..i....t... inth.....lpm shall be as prescribed in Section 373.114, F.S.
24 nCrngr..mn rulpo cmpn1,38
24 f c%, 74 and applicable provisions of this Chapter,
(3) These policies shall be construed as a whole (4)(1 It is the intent of the Department, in coop-
26 and no individual policy shall be construed or ap76 ration with the Water Management Districts, to
plied in isolation from other policies. ((Added seek adequate sources of funding to supplement
28 by ERC at hearing: All constructions of this78 District ad valorem taxes to implement the provi-
Chapter shall give meaning to all parts of sions of this Chapter.
30 the rule when possible.)) 80 Specific Authority: 373.026(10), 373.043, 373.171
(4) Notwithstanding the incorporation of other 403.061(33), F.S. 403.073
32 Department rules in 17-40.120, this chapter shall82 Law Implemented: 373.016, 373.114, 403.061(33),
not constitute standards or criteria for decisions 403.0891, F.S. 403.073, Ch. 93-213, s. 2, 1993 Fla.
34 on individual permits. 84 Laws 1652.1654
5) A goal of thi Chater is to coordinate the History: New 5-5-81. Previously numbered as 17-
A goal of this Chapter is to coornae te86 40.01. Amended 12-5-88. Previously numbered 17-
36 management of water and related land resources. 40.001, Amended 8-14-90, 12-17-91.
Local governments shall consider state water
38 policy in the development of their comprehensive88
plans required by Chapter 163, Florida Statutes, 17-40.120 Department Rules.
40 as required by Section 403.0891(3)(a), F.S. 90 State water policy shall also include the following
Special districts which manage water shall Department rules:
42 consider state water policy in the development of92 (1) Water Quality Standards, Chapter 17-3,
their plans and programs. The Legislature has F.A.C.
44 also expressed its intent, in Section 373.0395,94 (2) Surface Water Quality Standards, Chapter
F.S., that future growth and development plan- 17-302, F.AC.
46 ning reflect the limitations of the available '
ground water and other water supplies. 96 (3) Surface Water Improvement and Manage-
48 (6) It is an objective of the State to protect the meant, Chapter 17-43, F.AC.
functions of entire ecological systems, as defined98 (4) Ground Water Classes, Standards, and Ex-
emptions. Chapter 17-520. FA.C.


December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

(5) Drinking Water Standards. Monitoring, and Water Use Plan formulated pursuant to Sec
2 Reporting. Chapter 17-550. F.AC. 50 373.036, Florida Statutc, together with the
water quality standards and water classifications
4 Specific Authority: 373.026(7), 373.026(10), 373.043,52 adopted by the Department in Chaptcrr 17 33 and
403.061(33), 403.805, 403.861. F.S. 17 30, F.AC.
6 Law Implemented: 373.016, 373.114, 403.061(33),54 (9)(L}1 "Governing Board" means the governing
403.853. 403.0891, F.S. board of a water management district.
8 History: New 8-14-90. Amended. 56 (4-)(12) "Ground water" means water beneath
the surface of the ground, whether or not flowing
10 PART II 58 through known and definite channels.
DEFINITIONS (13) "Ground water availability" means the po-
12 17-40.210 Definitions. 60 tential quantity of ground water which can be
12 17-40.210 Definitions. 0
withdrawn without resulting in significant harm
When used in this chapter and in the review of62 to the water resources or associated natural
14 rules of the Districts pursuant to Section systems,
373.114(2), F.S., unless the context or content ofr bin" mans a r d
64 (14) *Ground water basin" means a ground water
16 such District rule requires a narrower, more spe- flw system that has ied boundaries and
flow system that has defined boundaries and may
cific meaning, the following words shall mean: t a budre
cific m nin allowing word sall mean 66 include permeable materials that are capable of
18 (1) "Aquifer" shall mean a geologic formation, storing or furnishing a significant water supply.
group of formations, or part of a formation that68 The basin includes both the surface area and the
20 contains sufficient saturated permeable material permeable materials beneath it.
to yield useful quantities of ground water to p e m r bnahi
o el usefu uaniies of groun water 70 (15) "High recharge areas" means areas contrib-
2 w s o s w uting significant volumes of water which add to
(2) "Consumptive use" means any use of water 72 the storage and flow of an aquifer through verti-
24 which reduces the supply from which it is with- cal movement from the land surface. The term
drawn or diverted. 74 significant will vary geographically depending on
26 (3) "Department" means the Department of Envi- the hydrologic characteristics of that aquifer.
ronmental Regulatien Protection: 76 (16) "Interim pollutant load reduction goal"
28 (4) "Detention" means the delay of stormwater means a best judgment numeric estimate of the
runoff prior to its discharge. 78 level of pollutant load reduction anticipated to
30 (5) "District" means a Water Management Dis- result from planned corrective actions as an
trict created pursuant to Chapter 373, Florida80 interim step toward the goal of preserving or
32 Statutes. restoring designated uses of receiving bodies of
(6) "District Water Management Plan" means the 82 water and maintaining water quality consistent
34 long range comprehensive water resource man- with applicable state water quality standards.
agement plan prepared by a District. 84 (17) "Natural System" means an ecological
36 (6)7}l "Drainage basin" means a subdivision of a system supporting aquatic and wetland-
watershed. 86 dependent natural resources, including fish and
38 (-1..81 "Effluent", unless specifically stated other- wildlife habitat. (fAmended by ERC at
wise, means water that is not reused after flow-88 hearing to read: "Natural systems" means
40 ing out of any wastewater treatment facility or an ecological system supporting an
other works used for the purpose of treating,90 interdependent grouping of natural
42 stabilizing, or holding wastes. resources which relate to water resources,
(9) "Floodplain" means land area subject to92 including fish and wildlife habitat.))
44 inundation by flood waters from a river, water- -f-7)(1 "Nutrient limitations" means those
course, lake, or coastal waters. Floodplains are 94 numeric values which establish a maximum or
46 delineated according to their estimated frequency minimum allowable nutrient loading or concen-
of flooding. 96 tration, as appropriate, for a specific nutrient.
48 (8f1Q1 "Florida Water Plan" means the State Nutrient limitations are established through an
98 individual permit or other action within the


December 6, 1N93: Amendments to Chapter 17-40 as A .pted
by the Environmental Regulation Commission on December 1, 1993

regulatory authority of the Department or a48 5. Industrial uses (such as cooling
2 District. These limitations serve to implement water, process water, and wash
state water quality standards. 50 waters);
4 (19) "Pollutant load reduction goal" means esti- 6. Environmental enhancement of
mated numeric reductions in pollutant loadings52 surface waters resulting from dis-
6 needed to preserve or restore designated uses of charge of reclaimed water having
receiving bodies of water and maintain water 54 received at least advanced waste-
8 quality consistent with applicable state water treatment or from discharge
standards. 56 of reclaimed water for wetlands
10 (20) "Prime recharge areas" means areas that are restoration.
generally within high recharge areas and are58 7..Fire protection; or
12 significant to present and future ground water 8._Other useful purpose.
uses including protection and maintenance of 60 (b) Overland flo land application sys-
14 natural systems and water supply.
14 natural s s teams, rapid-rate land application systems
(-1)( "Reasonable-beneficial use" means the62 providing continuous loading to a single
16 use of water in such quantity as is necessary for percolation cell, other land application
economic and efficient utilization for a purpose64 systems involving less than secondary
18 and in a manner which is both reasonable and treatment prior to application, septic
consistent with the public interest. 66 tanks, and groundwater disposal systems
20 (-32221 "Reclaimed water" means water that has using Class I wells injecting effluent or
received at least secondary treatment and is68 wastes into Class G-IV waters shall be ex-
22 reused after flowing out of a domestic wastewater cluded from the definition of reuse.
treatment facility. 70 (-6)(2. "Secretary" means the Secretary of the
24 (14)(23 "Retention" means the prevention of Department of Environmental Regulatief. Protec-
stormwater runoff from direct discharge. 72 tion.
26 (fk5(24) "Reuse" means the deliberate application W(24 ) "State water quality standards" means
of reclaimed water, in compliance with Depart-74 water quality standards adopted by the Environ-
28 ment and District rules, for a beneficial purpose, mental Regulations Commission pursuant to
(a) For example, said uses may encom-76 Chapter 403, Florida Statues, including stan-
30 pass: dards comprised of designated most beneficial
1. Landscape irrigation (such as ir-78 uses (classification of waters), the numerical and
32 rigation of golf courses, cemeteries, narrative criteria applied to the specific water
highway medians, parks, play-80 use or classification, the Florida anti-degradation
34 grounds, school yards, retail nurs- policy, and the moderating provisions contained
series, and residential properties); 82 in Rules 17-3, aid 17-4, 17-302, 17-520, and 17-
36 2. Agricultural irrigation (such as F.AAC. ((Amended by ERC at hearing to
irrigation of food, fiber, fodder and84 read: "State water quality standards"
38 seed crops, wholesale nurseries, sod means water quality standards adopted by
farms, and pastures); 86 the Environmental Regulation Commission
40 3. Aesthetic uses (such as decora- pursuant to Chapter 403, Florida Statues,
tive ponds and fountains); 88 including standards composed of...))
42 4. Groundwater recharge (such as (48).(271 "State Water Use Plan" means the plan
slow rate, rapid-rate, and absorp-90 formulated pursuant to Section 373.036, Florida
44 tion field land application systems) Statutes for the use and development of waters of
but not including disposal methods92 the State.
46 described in Ru.. 17 40.210(15)(b), n(-928) "Stormwater" means the water which
F.AG. i n (b) below: 94 results from a rainfall event.
(f>2.(29) "Stormwater management program"
96 means the institutional strategy for stormwater


December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

management, including urban, agricultural, and for the management of water resources within a
2 other stormwater. 52 watershed.
(24).() "Stormwater management system"
4 means a system which is designed and con-54 Specific Authority: 373.026(10), 373.0391., 373.0395
structed or implemented to control stormwater, 373.043, 373.418 403.061(33), F.S.
6 incorporating methods to collect, convey, store, 56 Law Implemented: 370.013, 373.016, 373.026(7),
absorb, inhibit, treat, use, or reuse stormwater to 373.036, 373.0391, 373.0395, 373.042, 373.114,
8 prevent or reduce flooding, over-drainage, envi-58 373.175, 373.223.373.418. 373.451. 377.373(1).
ronmental degradation and water pollution or 403.061(33)(34). 403.0615(3), 403.064, 403.064.
10 otherwise affect the quantity and quality of dis-0 403089 F.S. h. 93-213 s.2 993 Fla. Laws 1652
1654, Ch. 93-213, s.29, 1993 Fla. Laws 1652, 1663 (to
charges from the system. 62 be codified at Fla. Stat. s. 373.4135), Ch. 93-213, s. 30,
12 (2).ll "Stormwater utility" means the entity 1993 Fla. Laws 1652. 1663 (amending Fla. Stat. s.
through which funding for a stormwater man-64 373.414(1991)
14 agement program is obtained by assessing the History: New 5-5-81. Previously numbered as 17-
cost of the program to the beneficiaries based on 66 40.02. Amended 12-5-88. Previously numbered 17-
16 their relative contribution to its need. It is oper- 40.020, Amended 8-14-90, 12-17-91.
ated as a typical utility which bills services regu-68
18 larly, similar to water and wastewater services.
(2)(21 "Surface water" means water upon the70 PART III
20 surface of the earth, whether contained in GENERAL PROVISIONS
bounds created naturally or artificially or dif-72
22 fused. Water from natural springs shall be
classified as surface water when it exits from the 17-40.310 General Policies
24 spring onto the earth's surface. 74 The following statement of general water policy
(33) "Surface water availability" means the poten- shall provide a baLi guide Department review or
26 tial quantity of surface water that can be76 Department review of water management
removed or retained without significant harm to programs, rules, and plans. Water management
28 the water resources or associated natural78 programs, rules and plans, where economically
systems. and environmentally feasible, not contrary to the
S. 80 public interest, and consistent with Florida law,
30 (34) "Water resource caution area" means a shall, seek to:
geographic area identified by a water manage-
32 ment district as having existing water resource2 (1) Water Supply
problems or an area in which water resource alaAssure availability of an adequate and af-
34 problems are projected to develop during the next 84 fordable supply of water for all reasonable-
twenty years. A critical water supply problem beneficial uses. Uses of water authorized by
36 area, as described in Section 403.064. F.S.. is an 86 a permit shall be limited to reasonable-bene-
example of a water resource caution area. ficial uses.
38 3S4)51 "Water" or "waters in the state" means 88 (-)J(b2 Reserve from use that water necessary
any and all water on or beneath the surface of to support essential non-withdrawal de-
40 the ground or in the atmosphere, including90 mands, including navigation, recreation, and
natural or artificial watercourses, lakes, ponds, the protection offish and wildlife.
42 or diffused surface water and water percolating, 92 ( standing, or flowing beneath the surface of the conservation practices and public informa-
44 ground, as well as all coastal waters within the 94 tion programs.
jurisdiction of the state. (4)(d. Advocate and direct the reuse of re-
46 (253)i "Watershed" means the land area which96 claimed water as an integral part of water
contributes to the flow of water into a receiving and wastewater management programs,
48 body of water. 98 rules, and plans consistent with protection of
(37) "Watershed management goal" means an the public health and surface and ground
50 overall goal which provides the general strategieS00 water quality.


December 6, 199.. Amendments to Chapter 17-40 as Adoad
by the Environmental Regulation Commission on December 1, 1993

(45)ge Encourage the use of water of the low- 50 (e) Avoid the expenditure of public funds
2 est acceptable quality for the purpose in- that encourage or subsidize incompatible
tended. 52 new development or significant expansion of
4 (45lff Encourage the development of local existing development in high-hazard flood
and regional ((Added by ERC at hearing:54 aras
6 surface and ground)) water supplies (f) Minimize flood-related emergencies.
within districts rather than transport water56 human disasters, loss of property, and other
8 across District boundaries. associated impacts.
(g) Encourage demand management and the58 (4) Natural Systems Protection and Management
10 development of alternative water supplies, (-4)W) Establish minimum flows and levels
including water conservation, reuse of re-60 to protect water resources and the environ-
12 claimed water, desalination, stormwater and mental values associated with marine, estu-
industrial wastewater reuse and aouifer62 arine, freshwater, and wetlands ecology.
14 storage and recovery. (49).Ol Mitigate adverse impacts resulting
(8)h Protect aquifers from depletion 64 from prior alteration of natural hydrologic
-16 through water conservation and preserva- patterns and fluctuations in surface and
tion of the functions of high recharge areas. 66 ground water levels.
18 (2) Water Quality Protection and Management (6)IQf Utilize, preserve, restore, and enhance
(4Oa) Restore and protect the quality of68 natural water management systems and dis-
20 ground and surface water by solving current courage the channelization or other altera-
problems and by ensuring high quality treat- 70 tion of natural rivers, streams and lakes.
22 ment for stormwater and wastewater. (5) Management Policies
(9)bl Identify existing and future public72 (7)fa Protect the water storage and water
24 water supply areas and protect them from quality enhancement functions of wetlands,
contamination. 74 floodplains, and aquifer recharge areas
26 (3) Flood Protection and Floodplain Protection through acquisition, enforcement of laws,
(42) Encourage nonstructural solutions to76 and the application of land and water man-
28 water resource problems and give adequate agement practices which provide for compat-
consideration to nonstructural alternatives78 ible uses.
30 whenever structural works are proposed. (b) Emphasize the prevention of pollution
"(4).4 Manage the construction and opera-80 and other water resource problems.
32 tion of facilities which dam, divert, or other- (4s-7). Develop interstate agreements and
wise alter the flow of surface waters to pre-82 undertake cooperative programs with Ala-
34 vent minimize damage from ineiercase flood- bama and Georgia to provide for coordinated
ing, soil erosion, or excessive drainage. 84 management of surface and ground waters.
36 (4cft- Encourage the management of flood-
plains and other flood hazard areas 86 Specific Authority: 373.026(10), 403.0891, 373.036
38 ((Changed by ERC at hearing to read, 373.043, 403.061(33), F.S.
"Manage floodplains and other flood88 Law Implemented: 373.013, 373.016, 373.026(7),
373.036. 373.0391. 373.042. 373.043. 374.084. 373.085.
40 hazard areas .....)) to prevent or reduce90 373.1034), 373.114, 373.171 373.175, 373.223,
flood damage, consistent with establishment i 34 3 7.373175. 323.
42flood dam-ge, consistent with establishment 373.413. 373.418. 373.451. 377.371(1). 403.061(33),
42 and maintenance of desirable hydrologic92 (34)(4403.0615(3), 403.064) 403.0891, Oh. 93-213. s. 2,
characteristics and associated natural 1993 Fla. Laws 1652. 1654. Ch. 93-213., s. 29. 1993
44 systems of uch anrn 94 Fla. Laws 1652, 1663 (to be codified at Fla. Stat. s.
(d) Encourage the development and imnle- 373.4135). Ch. 93-213, s. 30. 1993 Fla. Laws 1652,
46 mentation of a strict floodplain management96 1663 (amending Fla. Stat. s. 373.414 (1991)) F.S.
program by state, regional. and local gov- History: New 7-1-81. Previously numbered as 17-
4898 40.03. Amended 12-5-88. Previously numbered as 17-
48 ernments designed to preserve floodplain 4.030, Amended 8-14-90, 12-17-91.
functions and associated natural systems. 100


December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

PART IV 48 (o) Whether the proposed use would signifi-
2 RESOURCE PROTECTION AND cantly induce saltwater intrusion;
MANAGEMENT 50 (p) The amount of water which can be with-
4 drawn without causing harm to the re-
17-40.1-4410 Water Supply Protection and52 source;
6 Management Water Use and Rouse. (q) Whether the proposed use would ad-
The following shall apply to those areas where54 versely affect public health; and
8 the use of water is regulated pursuant to Part II (3) Water shall be reserved from permit use in
of Chapter 373, Florida Statutes: 56 such locations and quantities, and for such sea-
10 (1) No permit shall be granted to authorize the sons of the year, as is required for the protection
use of water unless the applicant establishes that58 of fish and wildlife or the public health or safety.
12 the proposed use is a reasonable-beneficial use, (4) Water use shall not be allowed to exceed
will not interfere with presently existing legal60 ground water availability or surface water
14 uses of water and is consistent with the public in- availability. If either is exceeded, the Districts
terest. 62 shall expeditiously implement a remedial pro-
16 (2) In determining whether a water use is a rea- gram. The remedial program shall consider
sonable-beneficial use, the following factors will64 options such as designation of a water resource
18 be considered: caution area, declaration of a water shortage.
66 development of water resource projects, regula-
(a) The quantity of water requested for the
tion of consumptive users, or options consistent
"20 use; 68 with this Chapter and Chanter 373, F.S.
(b) The demonstrated need for the use; (5) In implementing consumptive use permitting
22 (c) The suitability of the use to the source of70 programs, the Department and the Districts awe
water; required undr Sction 187.1(3), F.S, to shall
24 (d) The purpose and value of the use; 72 recognize the rights of property owners, as
(e) The extent and amount of harm caused; limited by law, to make consumptive uses of
26 (f) The practicality of mitigating any harm74 water from their land, and the rights of other
by adjusting the quantity or method of use; users, as limited by law, to make consumptive
76 uses of water, for reasonable-beneficial uses in a
28 (g) Whether the impact of the withdrawal manner consistent with the public interest that
extends to land not owned or legally con-78 will not interfere with any presently existing
30 trolled by the user; legal use of water.
(h) The method and efficiency of use; 80 I Permits authorizing consumptive uses of
32 (i) Water conservation measures taken or water which cause unanticipated significant ad-
available to be taken; 82 verse impacts on off-site land uses ((Added by
34 (j) Thc availability of roclaimod water for ERC at hearing: and natural systems))
and th practicality of r.u.., or thc u.C of f84 existing at the time of permit application, or on
36 watoro of moro uitablo quality The feasibil- legal uses of water existing at the time of permit
itv of alternative sources such as reclaimed86 application, should be considered for modifica-
38 water, stormwater. brackish water and salt tion, to curtail or abate the adverse impacts,
water; 88 unless the impacts can be mitigated by the
40 (k) The present and projected demand for permitted.
the source of water; 90 (7) The District shall determine whether Section
42 (1) The long term yield available from the 373.233, F.S., entitled "Competing Applications",
source of water; 92 and implementing rules, are applicable to
44 (m) The extent of water quality degradation pending applications.
caused; 94 (8) Any reallocation of an existing permitted
46 (n) Whether the proposed use would cause or quantity of water shall be reviewed by the
contribute to flood damage; 96 District and shall be subject to full compliance
with the applicable permitting criteria of the


December 6, 1993: Amendments to Chapter 17-40 as A -.pted
by the Environmental Regulation Commission on December 1, 1993

District. 50
2 Specific authority: 373.026. 373.043, 403.061(33). F.S.
Specific Authority: 373.026, 373.043, 373.171.52 Law Implemented: 373.171. 373.175. 373.185. 373.196.
4 403.061(33)F.S. 373.1961. F.S.
Law Implemented: 187.101(3), 373.016,54 History: New
6 373.0391(2)(e), 373.042 Part II, 373, 403.064, F.S.
History: New 5-5-81. Amended 2-4-82, 12-5-88.56 17-40.416 Water Reuse.
8 Previously numbered at 17-40.04. Previously
numbered as 17-40.040, Amended 8-14-90, 12-17-91. LU As required by Section 373.0391(2)(e), F.S.,
10 Previously numbered as 7-40.401. Amended. 58 the districts shall designate areas that have
water supply problems which have become criti-

12 17-40.412 Water Conservation 60 cal or are anticipated to become critical within
the next 20 years. The Districts shall identify
The overall water conservation goal of the state2 such critical atr uppl prolm ara water
14 shall be to prevent and reduce wasteful. uneco- resource caution areas during preparation of a
nomical. impractical, or unreasonable use of the64 District Plan pursuant to Rule 17-40.501520,
16 water resources. Conservation of water shall be F.A.C., and shall adopt these designations by
required unless not economically or environmen-66 rule by November 1, 1991.
18 tally feasible. The Districts shall accomplish this e by November 1, 1991.
goal by. (2) In implementing consumptive use permitting.
68 A reasonable amount of reuse of reclaimed water
20 (1) Assisting local and regional governments and from domestic wastewater treatment facilities
other parties in formulating plans to conserve70 shall be required within designated -ritiaee-waer
22 water to meet their long-term needs, including ,p, y-.aee. water resource caution areas.
incentives such as longer term or more flexible72 considering economic, environmental, and
24 permits, economic incentives, and greater technical factors, unle sCh* ruc is not
certainty of suDDppl during water shortages; 74 e eavironmentally, or tehnisally
26 (2) Establishing efficiency standards for urban, fc1ib 4 ((Subsection (2) was amended by
industrial. and agricultural demand management76 the ERC at the hearing to read, "(2) "In
28 which may include the following: implementing consumptive use permitting
(a) Restrictions against inefficient irrigation78 programs, a reasonable amount of reuse of
30 practices; reclaimed water shall be required within
(b) If a District imposes daily restrictions on80 designated water resource caution areas,
32 particular irrigation activities or irrigation unless objective evidence demonstrates
sources. ((Added by ERC hearing: which82 that such reuse is not economically,
34 may include variances or exemptions.)) environmentally, or technically feasible."))
using a uniform time period of 10:00 a.m. to .
36 4:00 a.m 84 (3) The districts shall periodically update their
36 iQ.Q..P.Lrn~ .designations of critical water Gupply problem
(c) Minimizing unaccounted for water losses; 86 ereas water resource caution areas by rule. Such
38 (d) Promoting water conserving rate struc- updates shall occur within one year after updates
tures: 88 of the ^district Plan prepared pursuant to Rule
40 (e) Promoting water conserving plumbing 17-40.6405420 F.A.C. After completion of the
fixtures: xeriscape: and rain sensors. 90 district Plan or updates pursuant to Rule 17-
42 (3) Maintaining public information and education 40.41520 F.A.C., the Districts may limit areas
programs for long- and short-term water conser-92 where reuse shall be required to areas where
44 vation goals: reuse is specified as a remedial or preventive
(4) Executing provisions to implement the above94 action pursuant to Rule 17-40.0S4()2Q, F.A.C.
46 criteria and to consistently apply water shortage Any such limitation of areas where reuse shall be
restrictions between those Districts whose96 required shall be designated by rule.
48 boundaries contain political jurisdictions located (f4i InJ implementing consumptive use permit-
in more than one District. 98 ting programs, a reasonable amount of reuse of
reclaimed water from domestic wastewater


December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

treatment facilities may be required outside of48 (a) Comprehensive water conservation and
2 areas designated pursuant to Rule 17- reuse programs are implemented and en-
40.4014)416(1), F.A.C., as subject to ertie l 50 forced in the area of need.
4 water supply problems, provided: (b) The major costs, benefits, and environ-
(a) Reclaimed water is readily available; and 52 mental impacts have been adequately deter-
6 (b) Consideration is given to economic, envi- mined including the impact on both the sup-
ronmental, and technical factors: and 54 plying and receiving areas;
8 [(Amended by the ERC at the hearing to (c) The tranfport transfer is an environmen-
read, "Obiective evidence56 tally and economically acceptable method to
10 demonstrates that such reuse is supply water for the given purpose;
economically, environmentally, and58 (d) The present and projected water needs of
12 technically feasible: and")) the supplying area are reasonably deter-
()c& The Ddistrict has adopted rules for60 mined and can be satisfied even if the tran-
14 reuse in these areas. pert transfer takes place;
(5) The Department encourages local govern-62 (e) The traenprt transfer plan incorporates
16 ments to implement programs for reuse of re- a regional approach to water supply and dis-
claimed water. ((Added by the ERC at the64 tribution including, where appropriate,
18 hearing: The Districts are encouraged to plans for eventual interconnection of water
establish incentives for utilities to66 supply sources; and
20 implement programs for reuse of reclaimed (f) The transport transfer is otherwise con-
water. ))These rules shall not be deemed to pre- sistent with the public interest based upon
evidence presented.
22 empt any such local reuse programs.
Specific Authority: 373.026, 373.043, 403.061(33, F.S. 70 (3) The interdistrict transfer and use of ground-
24 Law Implemented: 187.101(3) 373016, water must meet the requirements of Section
24 Law Implemented: 187.101(3), 373.016,7 3 2 r tte
373.023(1)373.0391(2)(e), Part II, 373, 403.064, F.S. 72 73.2295 Florida Statutes
26 History: New 5-5-81. Amended 2-4-82, 12-5-88.
Previously numbered as 17-40.04. Previously 74 Specific Authority: 373.026, 373.043, 403.805, F.S.
28 numbered as 17-40.040, Amended 8-13-90, 12-17-91. Law Implemented: 373.016, Part II, 373,
Previously numbered as 17-40.401. Amended. 76 403.061(33)F.S.
30 History: New 5-5-81. Previously numbered as 17-
17-40.40422 WIoate^ -raspe, Interdistrict 78 40.05. Amended 12-5-88. Previously numbered 17-
32 Transfer, 8 40.050. Previously numbered as 17-40.402. Amended.
32 Transfer.
The following shall apply to the transfers of0 1 Wtr P
34 surface and ground water where such transfers -40 0 Water quality Protection and
are regulated pursuant to Part II of Chapter 373, 82 Management
36 Florida Statutes: (1) Water quality standards shall be enforced
(1) The taf*r pe* transfer or use of surface water 84 pursuant to Chapter 403, Florida Statutes, to
38 across District boundaries shall require approval protect waters of the State from point and non-
of each involved District. The transfer or use of86 point sources of pollution.
40 ground water across District boundaries shall (2) State water quality standards adopted by De-
reauire approval of the District where the with-88 apartment rule shall be a part of the Florida
42 drawal of ground water occurs. Water Plan.
(2) In deciding whether the tr*ftspe transfer90
44 and use of surface water across District bounda- Specific Authority: 403.061, 373.026, 373.043, 403.805,
ries is consistent with the public interest pursu-92 F.S.
46 ant to Sections 373.223, Florida Statutes, the Law Implemented: 373.039, 403.021, F.S.
Districts should consider the extent to which: 94 History: New 5-5-81. Previously numbered as 17-
40.06. Amended 12-5-88. Previously numbered 17-
96 40.060. Previously numbered as 17-40.401, Amended.


December 6, 1993: Amendments to Chapter 17-40 as..uopted
by the Environmental Regulation Commission on December 1, 1993

17-40.482432 Surface Water Protection and 52 quality and a loss of beneficial uses. Accord-
2 Management. ingly, it is a goal to eliminate the discharge
Surface Water Protection and Management54 of inadequately managed stormwater into
(1) a waters and to minimize other adverse im.
4 Goals. 56 pacts on natural systems, property and pub-
The following goals are established to provide lic health, safety and welfare caused by im-
6 guidance for Department, District and local gov-58 properly managed stormwater.
ernment stormwater management programs: 5 poe r .
nt stormwater management prram: (d) It shall be a goal of stormwater manage-
8 (a) It shall be a goal of surface water man- 60 ment programs to reduce unacceptable pol-
agement programs to protect, preserve and lutant loadings from older stormwater man-
10 restore the quality, quantity and environ-62 agement systems, constructed before the
mental values of water resources. A goal of adoption of Chapter 17-25, F.AC., (February
12 surface water management programs in-64 1, 1982), by developing watershed manage-
cludes effective stormwater management for ment and stormwater master plans or
14 existing and new systems which shall seek66 District-wide or basin specific rules.
to protect, maintain and restore the func-
16 tions of natural systems and the beneficial (e) The concept of developing comprehensive
uses of waters. 68 watershed management plans in designated
1f s o watersheds is intended not only to prevent
18 (b) The primary goals of the state's stormwa- 70 existing environmental, water quantity, and
ter management program are to maintain, to wter it problems from becoming worse
20 the maximum extent practicable, during and water quality problems from becoming worse
20 the maximum extent practicable, during and72 but also to reduce existing flooding problems,
after construction and development, the pre- to improve existing water quality, and to
22 development stormwater characteristics of a4 preserve or restore the values of natural sys-
site; to reduce stream channel erosion, pollu- teams.
24 tion, siltation, sedimentation and flooding; to
reduce stormwater pollutant loadings dis-76 (2_ Watershed manar ement goals shall be de-
26 charged to waters to preserve or restore veloped by the District for all watersheds within
beneficial uses; to reduce the loss of fresh78 the boundaries of each District and shall be
28 water resources by encouraging the reuse of consistent with the SWIM (Surface Water
stormwater; to enhance ground water re-80 Improvement and Management) Program and
30 charge by promoting infiltration of stormwa- the EPA National Pollutant Discharge Elimia-
ter in areas with appropriate soils and geol-82 ion System (NPDES) Program. Wt epriafry.
32 ogy; to maintain the appropriate salinity re- e ''" M" b. r ll "'c"
gimes in estuaries needed to support the84 m "^ rn" ar*. .n I r ^
34 natural flora and fauna; and to address t.r. 'tr t .
stormwater management on a watershed86 tn w- W:P ^ ..R lt
36 basis to provide cost effective water quality etand...e. Watershed management goals shall
and water quantity solutions to specific wa-88 be included in the District Water Management
38 tershed problems. Plans.
(c) Inadequate management of stormwater90 f(-2fi Stormwater Management Program Imple-
40 throughout a watershed increases storm- mentation. As required by Section 403.0891, F.S.,
water flows and velocities, contributes to92 the Department, Districts and local governments
42 erosion and sedimentation, overtaxes the shall cooperatively implement on a watershed
carrying capacity of streams and other con- 94 basis a comprehensive stormwater management
44 veyances, disrupts the functions of natural program designed to minimize the adverse effects
systems, undermines floodplain manage-96 of stormwater on land and water resources. All
46 ment and flood control efforts in downstream such programs shall be mutually compatible with
communities, reduces ground water re-98 the State Comprehensive Plan (Chapter 187,
48 charge, threatens public health and safety Florida Statutes), the Local Government Compre-
and is the primary source of pollutant loadV00 hensive Planning and Land Development Regu-
50 ing entering Florida's rivers, lakes and estu- lation Act (Chapter 163, Florida Statutes), the
aries, thus causing degradation of water02 Surface Water Improvement and Management


December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

Act (Sections 373.451-.4595, F.S.), Chapters 37352 ated and maintained.
2 and 403, F.S., and this chapter. Programs shall (d) Any water control district created
be implemented in a manner that will improve54 pursuant to Chapter 298. F.S.. or special act.
4 and restore the quality of waters that do not meet and other special districts as defined in
state water quality standards and maintain the56 Section 189.403(1). F.S.. which have water
6 water quality of those waters which meet or management powers shall:
exceed state water quality standards. 58 (i) Be consistent with the applicable
8 (a) The Department shall be the lead agency local comprehensive plan adopted under
responsible for coordinating the statewide 60 Part II. Chapter 163. F.S.. and state and
10 stormwater management program by estab- district stormwater quality and quantity
fishing goals, objectives and guidance for the de-62 goals, for the construction and expan-
12 velopment and implementation of stormwater sion of water control and related
management programs by the Districts and local64 facilities.
14 governments. The Department shall implement (ii) Operate existing water control and
the state's stormwater management program in66 related facilities consistent with apli-
16 Districts which do not have the economic and cable state and district stormwater
technical resources to implement a68 quality and quantity goals. Any modifi-
18 comprehensive stormwater and surface water cation or alteration of existing water
management program. 70 control and related facilities shall be
20 (b) The D4istricts which have implemented a consistent with the applicable local gov-
comprehensive stormwater and surface72 ernment comprehensive plan and state
22 water management program shall be the and district stormwater quality and
chief administrators of the state stormwater74 quantity goals.
24 management program. The Department or ((4 Surface Water Management.
th Districts, where appropriate, shall set
26 regional stormwater management goals and76 The following shall apply to the regulation of sur-
policies on a watershed basis, including face water pursuant to Part IV, Chapter 373,
28 watershed stormwater pollutant load reduc-78 Florida Statutes.
tions necessary to preserve or restore benefi- (a) The construction and operation of facili-
30 cial uses of receiving waters. For water80 ties which manage or store surface waters,
bodies which fully attain their designated or other facilities which drain, divert, im-
32 use and meet the applicable state water82 pound, discharge into, or otherwise impact
quality standards, the pollutant load reduc- waters in the state, and the improvements
34 tion goal may be zero. Such goals and84 served by such facilities, shall not be harm-
policies shall be implemented through ful to water resources or inconsistent with
36 District SWIM plans, through preparation of 86 the objectives of the Department or District.
watershed management plans in other (b) In determining the harm to water re-
38 designated priority watersheds and through88 sources and consistency with the objectives
appropriate regulations. of the Department or District, consideration
40 (c) Local governments shall establish storm-90 should be given to:
water management programs which are in 1. The impact of the facilities on:
42 accordance with the state and District92 a. water quality;
stormwater quality and quantity goals. b. fish and wildlife;
44 Local governments may establish a storm-
water utility or other dedicated source of94 c wetlands floodplains, estuaries
46 funding to implement a local stormwater ronmentally sensi-
management program which shall include96 tive lands;
48 the development and implementation of a d. reasonable-beneficial uses of
stormwater master plan and provisions, such98 water;
50 as an operating permit system, to ensure e. recreation;
that stormwater systems are properly oper100 f. navigation;


December 6, 19iJ: Amendments to Chapter 17-40 as Ac :ed
by the Environmental Regulation Commission on December 1, 1993

g. saltwater or pollution intrusion, 50 cause or contribute to violations of state
2 including any barrier line estab- water quality standards in Outstanding
lished pursuant to Section 373.033,52 Florida Waters.
4 F.S.; 3. The minimum treatment levels speci-
h. minimum flows and levels estab-54 fled in subparagraphs 1. and 2. above
6 lished pursuant to Section 373.042, may be replaced by basin specific design
F.S.; 56 and performance criteria adopted by a
8 i. other factors relating to the pub- District in order to achieve the pollutant
lic health, safety, and welfare; 58 load reduction goals established in para-
10 2. Whether the facilities meet applicable graph (c).
design or performance standards; 60 (b) Erosion and sediment control plans de-
12 3. Whether adequate provisions exist for tailing appropriate methods to retain sedi-
the continued satisfactory operation and62 ment on-site shall be required for land dis-
14 maintenance of the facilities; and turbing activities.
he abt of the facilities and re-64 (c) The pollutant loading from older storm-
16 late improvements to avoid increased water management systems shall be reduced
age to osite property, ater re66 as necessary to restore or maintain the bene-
8 soures, natural system property wter re- ficial uses of waters. The Districts shall es-
18 sources, natural systems or the public68 tablish pollutant load reduction goals and
caused byadopt them as part of a SWIM plan, other
20 a. floodplain development, en-70 watershed management plan, or District-
croachment or other alteration; wide or basin specific rules.
22 b. retardance, acceleration or diver- 72 (d) Watorod,, management goag hall be,
sion of flowing water; dcolopd^by tho ^ t c r w at^
24 c. reduction of natural water stor-74 within thc b4undaric. of each Ditrict and
age areas; hall bo conointont with the SWIM Program
26 d. facility failure; or 76 and the EPA National Pollutant Dishargo
e. other actions adversely affecting Elimination Sy m ( )
28 off-site water flows or levels. 78 primary p. o l b to ru p utant
(4).5l Minimum Stormwater Treatment Perform- daerl nm watcr c th r
30 ance Standards. 80 at s e
(a) When a stormwater management system 82 tat wr ulty p+ndr.,
32 complies with rules establishing the design W s s
and performance criteria for stormwater (e) ( Watershed specific stormwater pol-
34 management systems, there shall be a rebut84 lutant load reduction goals shall be devel-
34 management systems, there shall be a rebut-
table presumption that such systems will oped for older stormwater management
36 comply with state water quality standards.86 systems on a priority basis as follows:
The Department and the Districts, pursuant 1. G ohall bo develop^ d according to
38 to Section 373.43841., F.S., shall adopt rules88 the o "ehdul' C-tablich'd by EPA for
that specify design and performance criteria thooc water r ceilingg tormwator dic
40 for new stormwater management systems90 chargeC from Cy.tom required to obtain
which: NPDES otormwatcr pormito.
42 1. Shall be designed to achieve at least92 2. oalo ohall be devolop.d by 1941 for
80 percent reduction of the average SWIM water bodice that have n
44 annual load of pollutants that would94 adopted SWIM plan and that do not re
cause or contribute to violations of state .eive .tormwatcr li-charg' C from cyc
46 water quality standards. 96 tome roquirod to obtain NPDES etorm
2. Shall be designed to achieve at least water discharge p -rmit-.
48 95 percent reduction of the average98 1. Interim pollutant load reduction goals
annual load of pollutants that would shall be established for all water bodies


December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

having approved SWIM plans. 52 (a) Flood Protection Responsibilities
2 a. For SWIM water bodies with 1. Local governments have the primary
plans originally adopted before54 responsibility for regulating land use,
4 January 1. 1992. interim pollutant enforcing construction criteria for flood
load reduction goals and a schedule 56 prone areas, establishing local storm-
6 for development of the pollutant water management levels of service.
load reduction goal shall be estab- 58 constructing and maintaining local flood
8 lished by December 31. 1994. control facilities, and otherwise prevent-
b. For SWIM water bodies with 60 ing flood damages to new and existing
10 plans originally adopted after Janu- development.
arv 1. 1992. interim pollutant load62 2. District flood protection responsibili-
12 reduction goals and a schedule for ties relate primarily to serving regional
development of the pollutant load64 water conveyance and storage needs.
14 reduction goal shall be established Districts have the authority to plan.
within three years of the plan's66 construct, and operate water control
16 original adoption date. facilities, as well as regulate discharges
2. Each District shall develop water body 68 into works of the District or facilities
18 specific pollutant load reduction goals for controlled by the District.
non-SWIM water bodies on a priority 70 3. Rules adopted under Part IV of
20 basis according to a schedule provided in Chapter 373, F.S. shall require that
the District Water Management Plan. 72 appropriate precautions be taken to
22 The list of water bodies and the schedule protect public health and safety in the
shall be developed by each District, giving 74 event of failure of any water control
24 priority consideration to water bodies structures, such as pumps and levees.
that receive discharges from stormwater76 4. Department and District programs
26 management systems that are required to shall discourage siting of incompatible
obtain a NPDES municipal stormwater78 public facilities in floodplains and flood
28 discharge permit, prone areas wherever possible. Where
These goals shall be considered in local compre-80 no feasible alternative exists to siting a
30 hensive plans submitted or updated in accor- public facility in a floodplain or flood
dance with Section 403.0891(3)(a). F.S. 82 prone area. the facility shall be designed
32 Specific Authority: 373.026, 373.043, .373.418 to minimize flood damage risks and
403.061,.403.087, F.S. 84 adverse impacts on natural flood deten-
34 Law Implemented: 163.3161-163.3243, 186, 187, tion and conveyance capabilities.
9.155, 373.016, 373.046, 373.114, Part IV, 373,86 5. Each District shall clearly define,
36 403.061,403.0891 F.Seither in its District Water Management
History: New 2-20-91. Previously numbered as 17-88 Plan, in basin specific plans, or rules,
38 40.420, Amended. the District's responsibilities related to
90 flood emergencies, including its mecha-
40 17-40.450 Flood Protection nisms for coordinating with emergency
(1) Flood protection shall be implemented92 response agencies.
42 within the context of other interrelated (b) District Facilities
water management responsibilities. Florida94 1. District water control facilities shall
44 will continue to be dependent on some struc- be operated and maintained in accor-
tural water control facilities constructed in96 dance with established plans or sched-
46 the past, and new structural facilities may ules.
sometimes be unavoidable in addressing9 ..
48 existing and future flooding or other water-98 2. Districts shall assess the design char-
related problems. The Department and the acteristics and operational practices of
50 Districts shall promote nonstructural floo00 existing District water control facilities
protection strategies, to ascertain opportunities for minimiz-


December 6, 1993: Amendments to Chapter 17-40 as AL ,ted
by the Environmental Regulation Commission on December 1, 1993

ing adverse impacts on water resources52 3, identification of floodplain areas
2 and associated natural systems. Where having potential for restoration of
feasible, facility design modifications or54 natural flow regimes.
4 operational changes shall be imple- (b) The Department and the Districts shall
mented to enhance natural systems or56 develop jointly a comprehensive system of
6 fulfill other water management respon- coordinated planning, management, and
sibilities. 58 acquisition to protect and. where feasible,
8 Specific Authority: 373.026(10, 373.043, 373.171. enhance floodplain functions and associated
373.418. 403.061(33), F.S. 60 natural systems in floodplains. This system
10 Law Implemented: 163.3202, 187.201(16), 370.013. shall include implementation of policies and
373.016, 373.026. 373.036. 373.0391. 373.042. 62 programs to:
12 373.086(1), 373.175, 373.223(3). 373.413. 373.416,
373.418. 373.423, 373.429, 373.451, 377.371(1), 1. Acquire and maintain valuable
14 403.061(34). 403.0615(3). 582.05, F.S. Ch. 93-213. s.2,64 natural systems in floodplains.
1993 Fla. Laws 1652. 1654, Ch. 93-213, s.29, 1993 Fla. 2. Protect the natural water storage and
16 Laws 1652. 1663 (to be codified at Fla. Stat. s.66 water conveyance capabilities of flood-
373.4135). Ch. 93-213. s.30. 1993 Fla. Laws 1652, 1663 lains
18 (amending Fla. Stat. s. 373.414(1991)lai
History: New 68 3. Where feasible, enhance or restore
natural flow regimes of rivers and
0 70 watercourses that have been altered for
17-40.458 Floodplain Protection water control purposes.
22 (1) The Department and the Districts shall72 (c) District regulatory programs shall mini-
provide leadership to protect and enhance the mize incompatible activities in floodplains.
24 beneficial values of floodplains. This shall include74 For regulated floodplains, each District, at a
active coordination with local governments, minimum, shall ensure that such activities:
26 special districts, and related programs of federal ., Wll result significant adverse
agencies, the Department of Community Affairsill nt resu in significant averse
S. ......effects on surface and ground water
28 and the Department of Health and Rehabilitative e s surface water flow
78 levels and surface water flows,
Services. ((Added by the ERC at the hearing:
30 "Nothing in this section is intended to 2. Will not result in significant adverse
380iimpacts to existing surface water
diminish the Department's and Districts'80 smacts to existing surface water
storage and conveyance capabilities of
32 responsibilities regarding flood82 the floodplain,
3. Will not result in significant adverse
34 (a) The Department and the Districts shaU84 impacts to the operation of District
pursue development of adequate floodplain facilities.
36 protection information, including: 86 4. Will assure that any surface water
1. District determination of flood levels management facilities associated with
38 for priority floodplains. At a minimum, 88 the proposed activity will be capable of
this shall include the 100-year flood being effectively operated and main-
40 level, with other flood levels to be90 stained.
determined where needed for water-
dn 5. Will not cause violations of water
42 shed-sec management purposes92 oualitv standards in receiving waters.
Districts are encouraged to determine
44 10-year flood levels for the purpose of 6,. Will not result in significant adverse
assisting the Department of Health and94 impacts to associated natural systems,
46 Rehabilitative Services to regulate 7. Will not otherwise be harmful to
septic tanks in floodplains pursuant to96 water resources ((Added by the ERC
48 Section 10D-6.0471. F.A.C. at the hearing: "or")) natural values
2. Identification of floodplains with 98 of the floodplain.
50 valuable natural systems for potential (2) Each District shall provide to local gov-
acauisition, 100 ernments and water control districts avail-


December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

able information regarding floodplain52 including:
2 delineation and floodplain functions and (a) Recreation in and on the water;
associated natural systems and assist in 54 (b) Fish and wildlife habitats and the pas-
4 developing effective measures to manage sage of fish;
floodplains consistently with this Chapter.
56 (c) Estuarine resources;
6 Specific Authority: 373.026(10), 373.043, 373.171,
373.418. 403.061(33). F.S. (d) Transfer of detrital material;
8 Law Implemented: 187.201(16), 370.013. 373.016,58 (e) Maintenance of freshwater storage and
373.026, 373.036, 373.0391, 373.042, 373.086(1), supply;
10 373.175, 373.223(3). 373.413, 373.416. 373.418 60 (f) Aesthetic and scenic attributes;
373.423, 373.429, 373.451. 377.371(1), 403.061(34).
12 403.0615(3), 582.05, F.S. Ch. 93-213, s. 29, 1993 Fla. (g) Filtration and absorption of nutrients
Laws 1652, 1663 (to be codified at Fla. Stat. s.62 and other pollutants;
14 373.4135). Ch. 93-213, s.30, 1993 Fla. Laws 1652. 1663 (h) Sediment loads;
(amending Fla. Stat. s. 373.414(1991) 64 (i) Water quality; and
16 History: New
(j) Navigation.
66 (2) Established minimum flows and levels shall
18 17-40.470 Natural Systems Protection and be a ccnidcration protected where relevant to:
be apccnsi~craticn protected where relevant to:
68 (a) The construction and operation of water
20 (1) The Department and Districts shall protect(a) e trct
resource projects;
and manage aquatic and wetland-dependent reduce ecs
22 natural resources, including fish and wildlife70 (b) The issuance of permits pursuant to Part
habitat. ((The previous sentence was II, Part IV, and Section 373.086, Florida
24 amended by the ERC at the hearing to read,72 Statutes; and
"The Department and Districts shall protect (c) The declaration of a water shortage pur-
74 suant to Section 373.175 or Section 373.246,
26 and manage natural systems.")) Programs.74 u St 373175 or
plans, and rules to accomplish these goals include
28 the establishment of minimum flows and levels76 ((Added by the ERC at the hearing:
(Section 17-40.473) and protection areas for (3) Each water management district shall
30 surface waters (Section 17-40.475). ((Added by78 advise the Secretary by January 1, 1995 as
the ERC at the hearing: "and rules to of the date by which such District shall
32 address adverse cumulative impacts.")) 80 establish minimum flows and levels for
surface waterbodies within the District.))
34 Specific Authority: 373.026(10), 373.043. 403.061(33), 82
F.S. Specific Authority: 373.026, 373.043, 403.061(33),
36 Law Implemented: 370.013, 373.016(2). 373.026,84 403.805, F.S.
373.036(2), 373.0391, 373.042, 373.175, 373.223(3). Law Implemented: 373.016, 373.042, 373.086, 373.175,
38 373.418, 373.451, 377.371(1). 403.061(34). 403.0615(3)86 373.246, 373.223, 373.413 F.S.
Ch. 93-213. s.2, 1993 Fla. Laws 1652, 1654, Ch. 93-
40 213, s.29, 1993 Fla. Laws 1652, 1663 (to be codified at History: New 5-5-81. Previously numbered as 17-
Fla. Stat. s. 373.4135). Ch. 93-213, s.30, 1993 Fla.88 40.08. Amended 12-5-88. Previously numbered 17-
42 Laws 1652, 1663 (amending Fla. Stat. s. 373.414(1991) 40.080. Previously numbered as 17-40.405, Amended.
History: New 90
44 17-40.475 Protection Areas for Surface Waters
17-40.476473 Minimum Flows and Levels. 92 (1) As part of SWIM Plans or basin-specific man-
46 (1) In establishing minimum flows and levels pur- agement plans, programs, or rules, the Districts
suant to Section 373.042, consideration shall be94 are encouraged to establish protection areas as
48 given to the protection of water resources, aproprate to enhance or preserve surface
natural seasonal fluctuations in water flows or96 waters and associated natural systems,
50 levels, and environmental values associated with Protection areas should be based on science
coastal, estuarine, aquatic, and wetlands ecology,98 valuations of particular surface waters.


December 6, i993: Amendments to Chapter 17-40 as ..opted
by the Environmental Regulation Commission on December 1, 1993

(2) In determining if basin-specific rules should50 (ii) flood protection and management,
2 be adopted to establish protection areas, due (iii) water quality protection and man-
consideration shall be given to surface waters 52 agement, and
4 with the following special designations: (iv) natural systems protection and
(a) an Outstanding Florida Water, 54 management:
6 (b) an Aquatic Preserve, (c) Statewide water management implemen-
(c) an Area of Critical State Concern, or 56 station strategies for each area of responsibil-
8 (d) an area subject to Chapter 380 Resource itY
Management Plans adopted by rule by the58 (d) Intergovernmental coordination, includ-
10 Administration Commission, when the plans ing the Department's processes for general
for an area include waters that are particu-60 supervision of the water management dis-
12 larlv identified as needing additional protec- tricts:
tion. which provisions are not inconsistent (e) Procedures for plan development, includ-
14 with applicable rules adopted for the man- ing public participation:
agement of such areas by the Department64 (f) Methods for assessing program effective-
16 and the Governor and Cabinet. ness and the Department's progress toward
Specific Authority: 373.026, 373.043, 373.418.66 implementation of the Plan:
18 403.061(33)F.S. (g) Linkages to Department rulemaking,
Law Implemented: Part IV, 373, F.S. 187.201(8),68 budgeting, program development, and legis-
20 373.016. 373.413. 373.418. 403.061(35). F.S.. Ch. 93- lative proposals:
213, s.26, 1993 Fla. Laws 1652, 1661, (amending Fla.
22 Stat. s. 373.114(1) (1991), Ch. 93-213, s.36, 1993 Fla.70 (h) Strategies to identify the amount and
Laws 1652. 1670 (adding subsection (35) to Fla. Stat. sources of supplemental funding to imple-
24 s. 403.061(1992 supp.) 72 ment the programs identified in Chapter
History: New 373. District Water Management Plans, this
26 74 Chapter, and any delegated programs.
PART V (i) Chapter 17-40, FAC.. State Water Policy:
28 WATER PROGRAM DEVELOPMENT 76 (i) Apprpriate sections of the District Water
Management Plans,
30 40.510 Florida Watr Pan. 78 ((Added by the ERC at the hearing:
(k) State water quality standards.))
(1) The Department shall formulate an .inte- .
32 grated, coordinated Florida Water Plan for the80 (3) The Florida Water Plan shall be developed ex-
management of Florida's water resources. The peditiously and may be phased. It shall be com-
34 scope of the plan shall include the State Water82 pleted by November 1, 1995.
Use Plan and all other water-related activities of (4) At a minimum, the Florida Water Plan shall
36 the Department and Districts. It shall give due84 be updated every five years after the initial plan
consideration to the factors in Section 373.036(2), development. Annual status reports on the Plan
38 F.S.. 86 shall also be prepared by the Department.
(2) The Florida Water Plan shall be developed in
40 coordination with District Water Management88 Specific Authority: 373.026, 373.043, F.S.
Plans and include, at a minimum: Law Implemented: 373.036, 373.039
42 (a) Department overview, including a discus-90 History: New
sion of the interrelationships of Department
44 and District programs: 92 17-40.604520 District Water Management
(b) Water management goals and responsi- Plans.
46 abilities, including the following areas of re-194 (1) As required by Section 373.036(4), F.S., a long
sponsibilities; range comprehensive water management plan
48 (i) water supply protection and man-96 shall be prepared by each District which is
agement, consistent with the provisions of this Chapter


December'O1993: Amendments to Chapter 17-40 adoptedd
by the Environmental Regulation Commission on December 1, 1993

and Section 373.036, Florida Statutes. District52 the following subjects:
2 Water Management Plans are comprehensive (a) District overview:
guides to the Districts in carnring out all their54 (b) Water management goals:
4 water resource management resDonsibilitiees. c) aonsibt in
including water suDm)lv flood protection. water (c Water management responsibilities
6 quality management, and protection of natural d
systems. The plans shall provide general direc- 1. Water supply protection and man-
8 tons and strategies for District activities, pro-58 agement, to include needs and sources
crams, and rules. They will be implemented bv a source protection, and a schedule for
10 schedule of specific actions of the District. such60 recharge maDDinp and recharge area
as program development, water resource projects. deirnation.
12 land acquisition, funding, technical assistance.62 2. Flood protection and floodplain
facility operations, and rule development, management. This shall include the
14 (2)The District plan shall include an assessment64 District's strategies and priorities for
of water needs and sources for the next 20 years. managing facilities and floodDlains, and
16 The District plan shall identify specific geo-66 a schedule for District mapping of flood-
graphical areas that have water resource prob- plains.
18 lems which have become critical or are antici-68 3. Water Qualitv protection and man-
pated to become critical within the next 20 years, agement for both surface water and
20 to be called water resource caution areas.70 ground water. This shall include the
Identification of critical ..atr Csuply pro.blhm District's strategies, priorities, and
22 areas water resource caution areas needed for72 schedules to develop pollutant load re-
imposition of reuse requirements pursuant to duction goals, and
24 Rule 17-40.40941(-(4..6, F.A.C., may be accom-74 4. Natural systems protection and
polished before publication of the complete district management. This shall include a
26 Plan. 76 schedule for establishing minimum
(2) (1 Based on economic, environmental, and flows and levels for a priority selection
28 technical feasibity analyses, a course of reme-78 of surface waters and ground waters in
dial or preventive action shall be specified for the District. considering ground water
30 each current and anticipated future eiteial80 availability and surface water availabil-
problem. itv. and a schedule for establishing pro-
32 (S) .(4 Remedial or preventive measures may in.82 tection areas for surface waters in the
elude, but are not limited to, water resource pro- District. where appropriate.
34 jects; water resources restoration projects pursu-84 (d) For each water management responsi-
ant to Section 403.0615, Florida Statutes; pur- bilit_. the following shall be included:
36 chase of lands; conservation of water; reuse of re-86 1. Resource assessments. including
claimed water; enforcement of Department or identification of regional-v significant
38 District rules; and actions taken by local govern-88 water resource issues and problems,
ment pursuant to a local Ggovernment fom- determinations of the need for ground
40 prehensive plan, local ordinance, or zoning 90 water basin resource availability inven-
regulation. stories in various portions of the District:
42 (4) 51 District Plans shall also provide for identi- 92 2. Evaluation of options:
flying areas where collection of data, water re- 3. Water management policies for
44 source investigations, water resource projects, or94 identified issues and problems:
the implementation of regulatory programs are -.
46 necessary to prevent water resource problems 4. Imps e ntd on o te n for ah
from becoming critical. 96 issue and problem, including tasks,
schedules, responsible entities, and
48 ("y Noc^bcr 1,1 cach ^Ditrict ,hall pr 98 measurable benchmarks.
pa50 r .. t. o pla(e) Inteorated olan, describing how the
5 ...f t.Dtrio .. n. 100 water problems of each county in the District
(6) District plans shall address, at a minimum.


December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

are identified and addressed. Board shall, within sixty days, either incorporate
2 (f Intergovernmental coordination, includ-52 the recommended changes into the Plan or state
ing measures to implement the plan through in the Plan, with specificity. the reasons for not
4 coordination with the plans and programs of54 incorporating the changes.
local, regional, state and federal agencies (4) Plan amendments shall follow the same
6 and governments. 56 process as for initial Plan acceptance.
(g) Procedures for plan development, includ-
8 ing definitions and public participation. 58 Specific Authority: 373.026(10), 373.043, 403.061(33)
(7) District Plans shall be developed expeditiously F.S.
10 and may be phased. All District Plans shall be60 Law Implemented: 373.026(7). 373.036(4).373.114.
eempleted accented by the Governing Board no F.S.
12 later than November 1, 1994. A District Water62 History: New
Management Plan is intended to be a planning
14 document and is not self-executing. 64 17-40.540 Water Data
(-7)(8 At a minimum, district Plans shall be up- (1) All local governments, water management
16 dated and progress assessed every five years66 districts, and state agencies are directed by
after the initial plan development. Each District Section 373.026(2). F.S.. to cooperate with the
18 shall include in the Plan a procedure for evalu-68 Department in making available to the Depart-
ation of the District's progress towards imple- ment such scientific or factual data as they may
20 meeting the Plan. Such procedure shall occur at70 possess. The Department shall prescribe the
least annually and a copy of the evaluation shall format and ensure the quality control for all
22 be provided to the Department each year by 72 water quality data collected or submitted.
November 15 for review and comment.
November for review and comment. (2) The Department is the state's lead water
24 (9) Plan development shall include adequate op-74 quality monitoring agency and central repository
portunity for participation by the public and gov- for surface water and ground water information.
26 ernments. The Districts shall initiate public 76 The Department shall coordinate Department.
workshops at least four months before Plan District, state agency, and local government
28 acceptance by the Governing Board. At the78 water quality monitoring activities to improve
workshops, a preliminary list of schedules to be data and reduce costs.
30 included in the Plan shall be presented.
30 included in th Plan shall b presented80 (3) The U. S. Environmental Protection Agency
water quality data base (STORET) shall be the
32 Specific Authority: 373.026, 373.043, 403.061(33), F.S. 82 central repository of the state's water quality
Law Implemented: 189.4156, 373.036(4), data. All appropriate water quality data collected
34 373.0391(2)(e), 373.103(7), 373.171, 403.064, F.S. 84 by the Department, Districts, local governments.
History: New 5-5-81. Previously numbered as 17- and state agencies shall be placed in the STORET
36 40.09. Amended 12-5-88. Previously numbered as 17-86 system within one year of collection.
40.090, Amended 8-14-90, 12-17-91. Previously
38 numbered as 17-40.501. Amended. (4) The Department's biennial State Water Qual-
88 ity Assessment (the "305(b) Report") shall be the
state's general guide to water oualitv assessment
40 17-40.530 Department Review of District90 and should be used as the basis for assessments
Water Management Plans unless more recent, more accurate, or more de-
42 (1) After acceptance by the Governing Board of a 92 tailed information is available.
District, District Water Management Plans shall (5) Appropriate monitoring of water quality and
44 be submitted to the Department. 94 water withdrawal shall be required of permittees.
(2) Within sixty days after receipt of a Plan for (6) The Districts shall implement a strategy for
46 review, the Department shall review each Plan 96 measuring, estimating, and reporting withdrawal
for consistency with this Chapter and recommend and use of water by permitted and exempted
48 any changes to the Governing Board. 98 users. Thresholds for measurement requirements
(3) After consideration of the comments and rec- and reporting applicable to permittees shall be
50 ommendations of the Department, the GoverninO00 established and adopted by rule.


December 6, 1993: Amendments to Chapter 17-40 as Adopted
by the Environmental Regulation Commission on December 1, 1993

(7) The Department and the Districts shall50 Florida Statutes, where the Department or
2 coordinate in the development and implementa- District determines that present or projected
tion of a standardized computerized statewide 52 conditions of water shortages, saltwater intru-
4 data base and methodology to track activities sion, flooding, drainage, or other water resource
authorized by environmental resource permits in 54 problems, prevent or threaten to prevent the
6 wetlands and waters of the state. The data base achievement of reasonable-beneficial uses, the
will be designed to provide for the rapid exchange 56 protection of fish and wildlife, or the attainment
8 of information between the Department and the of other water policy directives.
Districts. The Department will serve as the58 (7)(8. The Department and Districts shall assist
10 central repository for environmental resource other governmental entities in the development
permit data and shall specify the data base 60 of plans, ordinances, or other programs to pro-
12 organization and electronic format in which the mote consistency with this Chapter and District
data are to be provided by the Districts. 62 water management plans.
14 (8) Duplication of watcr quality and quantity pcr
Specific Authority: 373.026. 373.043. 403.061(33) F.S. 64 mittig function" hould b o liminat&d wh-r- ap
16 Law Implemented: 373.026(2), F.S. propri-ato through d-- legtion of Dcpartmcnt re
History: New 66 sposibilti to Dtrit..
18 () Th Dpartmnt and Ditrits hould
PART VI 68 educational institution in thc dclopment o
educational curric-ula-and research programs
20 WATER PROGRAM ADMINISTRATION 70 which, oct Florida'pro.cntandfu.. watcr
AND EVALUATION management .
22 72
17-40.6-1610 Review and Application. Specific Authority: 373.026, 373.043, 403.061(33), F.S.
24 (1) This Chapter shall be reviewed periodically, 74 Law Implemented: 373.016, 373.033, 373.042, 373.106,
but in no case less frequently than once every 373.114, F.S.
26 four years. Revisions, if any, shall be adopted by76 History: New 5-5-81. Previously numbered as 17-
rule. 40.10. Amended 12-5-88. Previously numbered 17-
28 (2) Within 12 months after adoption or revision of78 40.100. Amended 12-17-91. Previously numbered as
this Chapter, the Districts shall have revised 17-40.601, Amended.
30 their rules and reviewed their programs to be80
consistent with the provisions contained herein.
32 (3) District rules adopted after this Chapter takes
effect shall be reviewed by the Department for
34 consistency with this Chapter.
(4)_ At the request of the Department, each
36 District shall initiate rulemaking pursuant to
Chapter 120, Florida Statutes, to consider
38 changes the Department determines to be neces-
sary to assure consistency with this Chapter.
40 The Department shall be made a party to the
42 (5) District water policies may be adopted which
are consistent with this Chapter, but which take
44 into account differing regional water resource
characteristics and needs.
46 (6) A District shall initiate rulemaking or pro-
gram review to consider implementation of pro-
48 grams pursuant to Sections 373.033, 373.042,
373.106, Part HI, or Part IV of Chapter 373,


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