Title: State Water Policy, Public Workshop, Agenda, Draft: Proposed Revisions to Chapter 17-40, F.A.C., November 28, 1989. 33p.
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Title: State Water Policy, Public Workshop, Agenda, Draft: Proposed Revisions to Chapter 17-40, F.A.C., November 28, 1989. 33p.
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Full Text







AGENDA

PUBLIC WORKSHOP

STATE WATER POLICY

PROPOSED REVISIONS TO
CHAPTER 17-40
FLORIDA ADMINISTRATIVE CODE

November 28, 1989

ROOM 611
DEPARTMENT OF ENVIRONMENTAL REGULATION
TWIN TOWERS BUILDING
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA

THIS MEETING IS OPEN TO THE PUBLIC





1) Call to order

2) Introductory remarks by Department staff

3) Department presentation on proposed revisions to Chapter 17-40,
Florida Administrative Code

4) Public comments

5) Adjournment





b 0L


(11/28/89)





Possible revision to
STATE WATER POLICY
17-40, F.A.C.



17-40.100 GENERAL WATER POLICY

17-40.200 DEFINITIONS

17-40.400 RESOURCE PROTECTION AND MANAGEMENT

17-40.500 WATER PROGRAM DEVELOPMENT

17-40.600 WATER PROGRAM ADMINISTRATION AND EVALUATION








Possible revision to
STATE WATER POLICY
17-40, F.A.C.


17-40.100

.110

.120

.130

17-40.200

17-40.400

.410

.420

.430

.440

17-40.500

.510

.520

.530

17-40.600

.610

.620


GENERAL WATER POLICY

Declaration and Intent

General Policies

Department Rules

DEFINITIONS

RESOURCE PROTECTION AND MANAGEMENT

Natural Systems Protection and Management

Surface Water Protection and Management

Ground Water Protection and Management

Water Use and Allocation

WATER PROGRAM DEVELOPMENT

Planning

Education

Data Management

WATER PROGRAM ADMINISTRATION AND EVALUATION

Administration

Evaluation


I





)


)


DRAFT


State Water Management Plan
"The Bridge"


State Government (DCA)
Department of Community Affairs Oversight of Comprehensive Regional Policy Plans
and Local Government Comprehensive Plans (Chs. 163 and 186 F.S.)


Regional Planning Councils
Comprehensive Regional Policy Plans



Local Government
Local Government Comprehensive Plans ...i i .
Water Supply Natural Areas iii.iiiiii
Wastewater Solid Waste
Stormwater Air Quality State C
Coastal Waters Capital Facilities


State Water Policy (DER)
State Water Policy (17-40, FA.C.)
Water Quality Standards System (17-3, FA.C.)

,Water Management District Planning
Needs and Sources Plan
Watershed Plans


Local Government Water
Planning
'Water Supply Plans
P1 n Basin Plans for Stormwater


Figure 1 State Water Management Plan
(Source: Floida Department of Environmental Regulation)







BRA-FT
Possible revision to
STATE WATER POLICY
Ch. 17-40, F.A.C.
NARRATIVE DESCRIPTION


Pursuant to SB 484, Stormwater Bill:

Authorizing statutes 373.026(10), 403.061(33)-
"Adopt by rule a state water policy, which shall provide goals,
objectives, and guidance for the development and review of programs, rules,
and plans relating to water resources. This state water policy shall be
consistent with the State Comprehensive Plan and may include such department
rules as are specifically identified in the policy."

Definition 373.019(16), 403.031(13)-
"'State water policy' means the comprehensive statewide policy as adopted
by the department pursuant to ss. 373.026 and 403.061 setting forth goals,
objectives, and guidance for the development and review of programs, rules,
and plans relating to water resources."

17-40.100 GENERAL
Declares the intent, states general water policy, provides definitions,
and incorporates other Department rules.

17-40.110 Declaration and Intent
Describes the purpose of state water policy as: clarification for Chapters
187, 373, and 403, F.S.; guidance to the Department and WMDs in development of
programs, rules, and plans; procedures for review and modification of
Department and WMD rules to assure consistency with State Water Policy; and
provides a listing of goals which serve as a general basis for Department
review of water management programs, rules, and plans.

17-40.120.General Policies
Provides a listing of goals which serve as a general basis for Department
review of water management programs, rules, and plans, consistent with the
goals and policies of the State Comprehensive Plan.

17-40.130 Department Rules
Incorporates into State Water Policy other Department rules by specific
reference, allowing them to be considered in the review of WMD programs,
rules, and plans (especially SWIM).


17-40.200 DEFINITIONS
Provides definitions which should be consistent amongst Department and WMD
rules, regulations, and orders.

17-40.400 RESOURCE PROTECTION AND MANAGEMENT
Includes specific goals, objectives, policies, and guidance for the
development and review of programs, rules and plans relating to water


resources.


_ _I _~






S4DRAFT

17-40.410 Natural Systems Protection and Management
Addresses the goals, objectives, policies and guidance relating to natural
systems, including the establishment of minimum flows and levels for surface
waters, wetlands protection (including DER jurisdictional, isolated, wetlands
mitigation, no net loss policy), land acquisition programs, coastal
zone/barrier island/mangrove protection, upland/transition zone protection,
endangered species/habitat management and protection, and estuary/bay salinity
range and tolerance.

17-40.420 Surface Water Protection and Management
Addresses the goals, objectives, policies, and guidance relating to
surface water quality and flooding prevention, including stormwater treatment
performance standards, MSSW general performance standards,
urban/agriculture/aquaculture/ silviculture/construction activity best
management practices, dam construction/inspection requirements, SWIM/watershed
management, saltwater barrier lines, coastal zone management, and technical
assistance/oversight of secondary drainage authorities (298 Districts).

17-40.430 Groundwater Protection and Management
Addresses the goals, objectives, policies, and guidance relating to
groundwater quality and quantity, including encouragement of wellfield
protection ordinances (G-1 Rule), prevention of saltwater intrusion or
upcoming, mapping of contaminated groundwater areas, groundwater quality
monitoring network, pesticide/fertilizer/sludge land application/septic
tank/percolation pond/stormwater retention system/animal waste/landfill/
storage tank regulation and research.

17-40.440 Water Use and Allocation
Addresses the goals, objectives, policies and guidance relating to
consumptive and non-consumptive use and permitting, conservation, reuse,
designation of critical water supply areas, designation of prime recharge
areas, interdistrict transfer of water, WMD water production authority,
regional water supply authorities, water shortage declarations and plans, well
contractor licensing, water well construction/abandonment, and artesian well
regulation/plugging.

17-40.500 WATER PROGRAM DEVELOPMENT
Includes specific goals, objectives, guidance and requirements for water
resources planning, public education, and data management.

17-40.510 Planning
Addresses the goals, objectives, guidance, and requirements regarding
water resources planning, including the State Water Management Plan, District
Water Management Plans (comprised of Needs and Sources Plans, Watershed
Management Plans, SWIM Plans, and District/watershed/drainage basin goals),
local stormwater management plans and programs, DER/WMD Strategic Guidance
Plans, Regional Comprehensive Plans (RPCs), and Department/WMD Technical
Assistance to local governments in their development of Local Government
Comprehensive Plans.

17-40.520 Education


Addresses the goals, objectives, guidance, and requirements regarding
water resources education, including DER/WMD/RPC/local government/regional


__ _I_





DRAFT

water supply authority/ utility education responsibilities, Interagency
Coordinating Committee for Environmental Education, Department's Water
Resources Bibliography, Department's ongoing stormwater management system
evaluations, 305(b) Report, report availability to public and universities,
encouragement of water management research and education in schools and
universities, and training and assistance for stormwater management system
personnel by the Stormwater Management Consortium of the State University
System.
17-40.530 Data Management
Addresses the goals, objectives, guidance, and requirements of water
resources data management, including STORET and GWIS data formatting, sampling
station and well identification formatting, sampling and analysis QA/QC,
accessibility of data, PATS formatting, GIS formatting and required input data
(as per the 1985 Growth Management Network Data Coordinating Council), surface
water/groundwater monitoring networks, watershed/waterbody/river reach
identification, and wetlands/habitat mapping and loss reporting.

17-40.600 WATER PROGRAM ADMINISTRATION AND EVALUATION
Includes goals, objectives, guidance, requirements, and procedures for
water program administration and evaluation.
17-40.610 Administration
Addresses the goals, objectives, guidance, requirements, and procedures
for water program administration, including responsibilities and authorities,
-. rules, rule appeals, delegations (minimum requirements and procedures
necessary, including permitting/compliance/enforcement), rule and delegation
approvals, and listings of approved water related local programs and WMD
delegated programs.
17-40.620 Evaluation
Addresses the goals, objectives, guidance, requirements, and procedures
for water program evaluation, including reporting, auditing, and regulatory
program assessment (permitting/compliance/enforcement).






DRAFT

Possible Revision to
State Water Policy
Ch. 17-40, F.A.C.

17-40.100 GENERAL WATER POLICY

17-40.110 Declaration and Intent
Modify to connect to Ch. 403 Environmental Control.
Clarify how it fits with:
Ch. 163 Intergovernmental Programs
Ch. 186 State and Regional Planning
Ch. 187 State Comprehensive Plan

17-40.120 General Policies
Modify to more directly parallel the Goal and 14 Policies of Ch. 187,
F.S., State Comprehensive Plan, (8) Water Resources

17-40.120 Department Rules
Clarify that State Water Policy includes other Department rules by
reference (17-3, 17-4, 17-6, 17-12, etc.)


17-40.200 DEFINITIONS
Eliminate (5)"Florida Water Plan" (statutory change necessary)
Change (9) from "State Water Use Plan" to "State Water Management Plan"
(statutory change necessary)
Add definitions from our Stormwater Bill ("drainage basin", "stormwater
management system", "watershed")
Redefine "reasonable-beneficial use"-refer to the considerations listed
in 17-40.040(2) (statutory change necessary)
Identify other definitions requiring DER/WMD consistency based on the
Regfile Glossary
Add the definitions from s. 373.019, required to be consistently used
for "...any rule, regulation, or order adopted pursuant to ..." Ch. 373,
F.S.
Consider adding definitions from 373.203, 373.303, and 373.403

17-40.400 RESOURCE PROTECTION AND MANAGEMENT

17-40.410 Natural Systems Protection and Management
Items which could be addressed:
DER jurisdictional and isolated wetlands-protection from
dredge/fill, overdrainage, sedimentation, pollution, proper
hydroperiod management, etc.
Encourage coordinated identification and mapping of
endangered/threatened species, habitat, range, and their management
Wetlands mitigation policy
Encourage restoration of wetlands, seagrass beds, mangroves, etc.
Encourage innovative ways to preserve wetlands as part of WMD
surface water management programs and stormwater treatment
requirements


__ _






DRAFT

Encourage the establishment of minimum flows and levels of surface
waters, based on a prioritized schedule. Section 373.042 requires
establishment of minimum flow "...for all surface watercourses..." and
minimum water levels "...at which further withdrawals would be
significantly harmful to the water resources of the area".

17-40.420 Surface Water Protection and Management
Additional items which could be addressed:
Stormwater treatment performance standards, monitoring and
maintenance requirements
Stormwater treatment in wetlands
SWIM plans
Pre/post flow rate, volume in closed basins, compensating storage
in floodplain, etc. (MSSW general performance standards)
Retention pond construction in Karst areas
Retention volume requirements in high recharge areas
Dam inspection certifications by P.E.s
Urban/agriculture/silviculture/construction activity BMPs
Technical assistance/oversight of secondary drainage authorities
(298 Districts)

17-40.430 Groundwater Protection and Management
Items which could be addressed:
Prevention of saltwater intrusion or upcoming (minimum levels)
Encouragement of wellfield protection ordinances
Encourage research of pollutants in groundwater, including
pesticides, fertilizers, sludges, stormwater ponds, animal wastes,
etc.
Mapping of contaminated groundwater areas

17-40.440 Water Use and Allocation
Incorporate present 17-40.050 Water Transport as a subsection
Add that the receiving area must be within a designated critical water
supply problem area before an interdistrict transfer of water could be
permitted
Address requirements of interdistrict transfer of groundwater (s.
373.2295).
Additional items which could be addressed:
Water shortage declarations and plans
Conservation ordinances must be consistent with the 1981 Water
Conservation Act
Designation of prime recharge areas
Water well construction and abandonment, including in contaminated
areas
Artesian well regulation and plugging
Well contractor licensing





DRAFT


17-40.500 WATER PROGRAM DEVELOPMENT


17-40.510 Planning
Items which could be addressed:
Water Management Planning
State Water Management Plan
District Water Management Plans (provide a required format)
a) Needs and Sources (encourage development of Ground
Water Basin Resource Availability Inventories, maybe
prioritized for critical water supply problem areas)
b) Watershed Management Plans
c) SWIM Plans
District Strategic Guidance Plans-prioritizing and defining
for program implementation
Regional Comprehensive Policy Plans
Local Government Comprehensive Plans


schedules


Technical Assistance to Local Government
Department of Environmental Regulation-could include:
Data on landfills, hazardous waste sites, contaminated areas, point
sources, public works programs, etc.
Guidance for Review of Local Government Comprehensive Plans (includes
Policy Basis)
State Water Management Plan
DER Strategic Guidance Plan

Water Management Districts-must include, pursuant to HB 599, Special
Districts Bill:
Public Facilities Report (pursuant to s. 189.415, F.S.)
Description of regulations, programs, and schedules
Water management data and reports, including District Water
Management Plans
Existing/proposed land acquisitions/management plans
Minimum flows and levels for surface waters per s. 373.042, F.S.

17-40.520 Education
Items which could be addressed:
State, WMD, RPC, local government water management education
responsibilities
Water resources bibliography by DER
Stormwater system evaluations by DER
Encourage/require report submittal to DER, availability to public
by WMDs, universities, other agencies
Encourage improved water management education in schools and
universities
Encourage university-level research on water management issues
Interagency Coordinating Committee for Environmental Education
Training and assistance for stormwater management system personnel
by the Stormwater Management Consortium of the State University System

17-40.530 Data Management
Items which could be addressed:
STORET and GWIS (surface water and groundwater data format
requirements)


L






DRAFT


Sampling station identification format requirements
Ground water quality monitoring network
Well identification format requirements
Sampling and analysis QA/QC requirements
Establishment of appropriate surface water and groundwater
monitoring networks for state water management
Accessibility of data
GIS formatting or input data requirements
PATS format requirements
Watershed/waterbody/river reach identification
Wetlands/habitat mapping and loss reporting

17-40.600 WATER PROGRAM ADMINISTRATION AND EVALUATION

17-40.610 Administration
Items which could be addressed:
-State, WMD, regional planning councils, local government regulatory
responsibility and authority
Minimum regulatory program requirements for WMD or local program
delegation, including permitting/compliance/enforcement
Procedure for applying for program delegation
Listings of water related local program delegations and DER/WMD
delegation agreements
Rule reviews, approvals, appeals

17-40.620 Evaluation
Items which could be addressed:
Delegated program reporting requirements
Department auditing frequency/procedures for delegated programs
Department or delegated entity's permitting/compliance/enforcement
assessment requirements and minimum standards.











WORKSHOP DRAFT

2 CHAPTER 17-40

WATER POLICY

4

17-40,100 GENERAL WATER POLICY

6 17-40.f11001 Declaration and Intent. Iz'(A WRKs-p bAp-

17-40OQ20---Definitioneastransferred to 17-40.200)

8 17-40.120030 General Water Policiey.

17-40.130 Department Rules.

10 17-40.200 DEFINITIONS

17-40.040 Water Use.(to be transferred to 17-40.400)

12 17-40.050 Water Transport (to be transferred to 17-40.400)

17-40.060 Water Quality.(to be transferred to 17-40.400)

14 17-40.070 Surface Water Management.(to be transferred to

17-40.400)

16 17-40.080 Minimum Flows and Levels.(to be transferred to

17-40.400)

18 17-40.090 District Water Management Plans.(to be transferred to

17-40.500)

20 17-40.100 Review and Application.(to be transferred to 17-40.600)

17-40.400 RESOURCE PROTECTION AND MANAGEMENT

22 17-40.410 Natural Systems Protection and Management.

17-40.420 Surface Water Protection and Management.

24 17-40,430 Ground Water Protection and Management.

17-40.440 Water Use and Allocation.

26 17-40.500 WATER PROGRAM DEVELOPMENT

17-40.510 Planning.

28 17-40.520 Education.

17-40.530 Data Management.

30 17-40.600 WATER PROGRAM ADMINISTRATION AND EVALUATION

17-40.610 Administration.

32 17-40.620 Evaluation.



1
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17-40.100 GENERAL WATER POLICY

2

17-40.110001 Declaration and Intent.

4

(1) The waters of the state are among its basic resources. Such waters

6 should be managed to conserve and protect natural resources and scenic

beauty and to realize the full beneficial use of the resource.

8 Recognizing the importance of water to the state, the Legislature

passed the Water Resources Act, Chapter 373, Florida Statutes, and the

10 Air and Water Pollution Control Act. Chapter 403. Florida Statutes.

Additionally, numerous goals and policies within the State

12 Comprehensive Plan. Chapter 187. Florida Statutes, address water

resources and natural systems protection.

14

(2) This Chapter is intended to clarify water policy as expressed in

16 Chapters 187, 373, and 403 Florida Statutes, and to otherwise provide

guidance to the Department and Districts in the development of

18 programs, rules, and plans. Local governments should consider state

water policy in the development of their comprehensive plans required

20 by Chapter 163, Florida Statutes,



22 (3) This Chapter does not repeal, amend or otherwise alter any rule

now existing or later adopted by the Department or District. However,

24 procedures are included in this Chapter which provide for the review

and modification of Department and District rules to assure

26 consistency with the provisions of this Chapter.



28 (4) It is the intent of the Department, in cooperation with the Water

Management Districts, to seek adequate sources of funding to

30 supplement District ad valorem taxes to implement the provisions of

this Chapter.

32

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4 0


Specific Authority: 373.026(7), 373.026(10), 373.043, 373.114,

2 403.061(33), 403.0891. 403.805, F.S.

Law Implemented: 373.016, F.S.

4 History: New 5-5-81. Previously numbered as 17-40.01. Amended 12-6-88.



6 17-400Q2Q-Defiaitieoase transferred to 17-40.200)



8 17-40.120030 General Water PolicjLy.



10 The following statement of general water policy shall provide a basis

for Department review of water management programs, rules, and plans.

12 Water management programs, rules and plans, where economically and

environmentally feasible, not contrary to the public interest, and

14 consistent with Florida law, shall seek to:



16 (1) Assure availability of an adequate and affordable supply of water

for all reasonable-beneficial uses. Uses of water authorized by a

18 permit shall be limited to reasonable-beneficial uses.



20 (2) Reserve from use that water necessary to support essential

non-withdrawal demands, including navigation, recreation, and the

22 protection of fish and wildlife.



24 (3) Champion and develop sound water conservation practices and public

information programs.

26

(4) Advocate and direct the reuse of reclaimed water as an integral

28 part of water management programs, rules, and plans consistent with

protection of the public health and surface and ground water quality.

30

(5) Encourage the use of water of the lowest acceptable quality for

32 the purpose intended.



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(6) Utilize, preserve, restore, and enhance natural water management

2 systems and discourage the channelization or other alteration of

natural rivers, streams and lakes.

4

(7) Protect the water storage and water quality enhancement functions

6 of wetlands, floodplains, and aquifer recharge areas through

acquisition, enforcement of laws, and the application of land and

8 water management practices which provide for compatible uses.



10 (8) Mitigate adverse impacts resulting from prior alteration of

natural hydrologic patterns and fluctuations in surface and ground

12 water levels.



14 (9) Establish minimum flows and levels to protect water resources and

the environmental values associated with marine, estuarine,

16 freshwater, and wetlands ecology.



18 (10) Encourage nonstructural solutions to water resource problems and

give adequate consideration to nonstructural alternatives whenever

20 structural works are proposed.



22 (11) Encourage the management of floodplains and other flood hazard

areas to prevent or reduce flood damage, consistent with establishment

24 and maintenance of desirable hydrologic characteristics of such areas.



26 (12) Manage the construction and operation of facilities which dam,

divert, or otherwise alter the flow of surface waters to prevent

28 increased flooding, soil erosion or excessive drainage.



30 (13) Encourage the development of local and regional water supplies

within districts rather than transport water across District

32 boundaries.



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(14) Control point and non-point sources of water pollution to the

2 greatest degree feasible as provided in Department rules, and improve

and restore the quality of waters not presently meeting water quality

4 standards.



6 (15) Develop interstate agreements and undertake cooperative programs

with Alabama and Georgia to provide for coordinated management of

8 surface and ground waters.




10 Specific Authority: 373.026(7), 373.026(10). 373.043, 373.114.

403.061(33). 403.0891. 403.805, F.S.

12 Law Implemented: 373.016, F.S.

History: New 5-5-81. Previously numbered as 17-40.03. Amended

14 12-6-88.




16 17-40.130 Department Rules.


brua1e warAr ~ Iu-LiCy snail also incluae me roilowing department rules:


20 (1) Water Quality Standards. Chapter 17-3. F.A.C.



22 (2) Permits. Chapter 17-4. F.A.C.




24 (3) Dredge and Fill Activities. Chapter 17-12. F.A.C.




26 (4) Regulation of Stormwater Discharge. Chapter 17-25. F.A.C.



28 (5) Water Management Lands Trust Fund. Chapter 17-42. F.A.C.




30 (6) Surface Water Improvement and Management. Chapter 17-43. F.A.C.




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in C 4 m --M- %%II fa 06 1 1-


.L0


LA % __ _'I -_ I -- .. .











17-40.2009020 DEFINITIONSefiaitioes.

2

When appearing in this Chapter, or in any rule. regulation, or order

4 adopted pursuant thereto, the following words shall, unless the

context clearly indicates otherwise, mean:

6

(1) "Agricultural activities" includes all necessary farming and

8 forestry operations which are normal and customary for the area. such

as site preparation, clearing, fencing. contouring to prevent soil

10 erosion, soil preparation, plowing, planting, harvesting, construction

of access roads, and placement of bridges and culverts, provided such

12 operations do not impede or divert the flow of surface waters.



14 (2) "Agricultural water management systems" means farming and forestry

water management or irrigation systems and farm ponds which are

16 permitted pursuant to chapter 373 or which are exempt from the

permitting provisions of that chapter.

18

(3) "Aquifer" shall mean a geologic formation, group of formations, or

20 part of a formation capable of yielding a significant amount of

groundwater to wells, springs or surface water.

22

i(4)C "Consumptive use" means any use of water which reduces the

24 supply from which it is withdrawn or diverted.



26 (5U) "Department" means the Department of Environmental Regulation.



28 (6) "Detention" means the collection and temporary storage of

stormwater in such a manner as to provide for treatment through

30 physical, chemical, or biological processes with subsequent gradual

release of the stormwater.

32

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a


1(U43) "District" means a Water Management District created pursuant

2 to Chapter 373, Florida Statutes.




4 (8) "Drainage basin" means a subdivision of a watershed.




6 .L9)4) "Effluent", unless specifically stated otherwise, means water

that is not reused after flowing out of any facility or other works

8 used for the purpose of treating, stabilizing, or holding wastes.



10 (101QI4 "Florida Water Plan" means the State Water Use Plan formulated

pursuant to Section 373.036, Florida Statutes, together with the water

12 quality standards and water classifications adopted by the Department.




14 (11) "Governing Board" means the governing board of a water management

district.

16

(12) "Ground water" means water beneath the surface of the ground,


8


wnet~ner orFlUi n t is lOw].ng tnrougn isnown ana ceiinite cnanneis.


20 (13) "Nutrient limitations" means the setting of numeric values which

establish the maximum nutrient loading or concentration in individual

22 permits or other regulatory actions. These limits serve to implement


state water quality standards.


24

(14)U6C "Reasonable-beneficial use" means the use of water in such

26 quantity as is necessary for economic and efficient utilization for a

purpose and in a manner which is both reasonable and consistent with

28 the public interest.



30 (15)17) "Reclaimed water" means water that has received at lease

secondary treatment and is reused after flowing out of a wastewater

32 treatment facility.



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in Ivu A 4. A% F. %W. .tft 4 6. 4. 41:1 ..0 -


r__--___ _~-~ ~_r~__i~l_ _r __ r










(16) 8 "Reuse" means the deliberate application of reclaimed water,

2 in compliance with Department and District rules, for a beneficial

purpose.

4

(a) Where appropriate, said uses may encompass:

6

1. Landscape irrigation (such as irrigation of golf courses,

8 cemeteries, highway medians, parks, playgrounds, school yards, retail

nurseries, and residential properties);

10

2. Agricultural irrigation (such as irrigation of food, fiber, fodder

12 and seed crops, wholesale nurseries, sod farms, and pastures);



14 3. Aesthetic uses (such as decorative ponds and fountains);



16 4. Groundwater recharge (such as slow rate, rapid-rate, and absorption

field land application systems) but not including disposal methods

18 described in Rule 17-40.020(8)(b), F.A.C.;



20 5. Industrial uses (such as cooling water, process water, and wash

waters);

22

6. Environmental enhancement of surface waters resulting from

24 discharge of reclaimed water having received at least advanced

wastewater treatment or from discharge of reclaimed water for wetlands

26 restoration;



28 7. Fire protection; or



30 8. Other useful purpose.



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A*


(b) Overland flow land application systems, rapid-rate land

2 application systems providing continuous loading to a single

percolation cell, other land application systems involving less than

4 secondary treatment prior to application, septic tanks, and

groundwater disposal systems using Class I wells injecting effluent or

6 wastes into Class G-IV waters shall be excluded from the definition of

reuse.

8

(17) "Secretary" means the Secretary of the Department of

10 Environmental Regulation.



12 (18)49 "State Water Use Plan" means the plan formulated pursuant to

Section 373.036, Florida Statutes, for the use and development of

14 waters of the State.



16 (19) "Stormwater" means the flow of water which results from, and

which occurs immediately following, a rainfall event,

18

(20) "Stormwater management program" means the institutional strategy

20 for stormwater management, including urban, agricultural, and other

stormwater.

22

(21) "Stormwater management system" means a system which is designed

24 and constructed or implemented to control discharges which are

necessitated by rainfall events, incorporating methods to collect.

26 convey, store, absorb, inhibit, treat, use. or reuse water to prevent

or reduce flooding, over drainage, environmental degradation and water

28 pollution or otherwise affect the quantity and quality of discharges

from the system.

30

(22) "Stormwater utility" means the funding of a stormwater management

32 program by assessing the cost of the program to the beneficiaries

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4


based on their relative contribution to its need. It is operated as a

2 typical utility which bills services regularly, similar to water and

wastewater services.

4

(23j10) "Water quality standards" means standards comprised of

6 designated most beneficial uses (classification of waters), the

numerical and narrative criteria applied to the specific water use or

8 classification, the Florida anti-degradation policy, and the

moderating provisions contained in Rules 17-3 and 17-4, F.A.C.

10

(24) "Watershed" means the land area which contributes to the flow of

12 water into a receiving body of water.



14 (25) "Wetlands" means those areas that are inundated by surface or

ground water with a frequency sufficient to support, and under normal

16 circumstances do or would support, a prevalence of vegetative or

aquatic life that requires saturated or seasonably saturated soil

18 conditions for growth and reproduction, such as swamps, marshes.

bayheads. cypress ponds, sloughs, wet prairies, wet meadows, river

20 overflows, mud flats and natural ponds.



22 Specific Authority: 373.026(7), 373.026(10). 373.043, 373,114,

403.061(33). 403.0891. 403.805, F.S.

24 Law Implemented: 373.016, F.S.

History: New 5-5-81. Previously numbered as 17-40.02. Amended

26 12-6-88.



28 17-40.040 Water Use.(to be transferred to 17-40.400)



30 The following shall apply to those areas where the use of water is

regulated pursuant to Part II of Chapter 373, Florida Statutes:

32

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ik 4r


(1) No permit shall be granted to authorize the use of water unless

2 the applicant establishes that the proposed use is a

reasonable-beneficial use, will not interfere with presently existing

4 legal uses of water and is consistent with the public interest.



6 (2) In determining whether a water use is a reasonable-beneficial use,

consideration should be given to any evidence presented concerning the

8 following factors:



10 (a) The quantity of water requested for the use;



12 (b) The demonstrated need for the use;



14 (c) The suitability of the use to the source of water;



16 (d) The purpose and value of the use;



18 (e) The extent and amount of harm caused;



20 (f) The practicality of mitigating any harm by adjusting the quantity

or method of use;

22

(g) Whether the impact of the withdrawal extends to land not owned or

24 legally controlled by the user;



26 (h) The method and efficiency of use;



28 (i) Water conservation measures taken or available to be taken;



30 (j) The availability of reclaimed water for and the practicality of

reuse, or the use of waters of more suitable quality;

32
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(k) The present and projected demand for the source of water;


2

(1) The long term yield available from the source of water;

4

(m) The extent of water quality degradation caused;

6

(n) Whether the proposed use would cause or contribute to flood

8 damage; and



10 (o) Whether the proposed use would significantly induce saltwater

intrusion;

12

(p) The amount of water which can be withdrawn without causing harm to

14 the resource;



16 (q) Whether the proposed use would adversely affect public health; and



18 (r) Other relevant factors.



20 (3) Water shall be reserved from permit use in such locations and

quantities, and for such seasons of the year, as in the judgement of

22 the Department or District may be required for the protection of fish

and wildlife or the public health or safety.

24

(4) Conservation of water shall be required unless not economically or

26 environmentally feasible.



28 (5) The Districts shall designate areas that have water supply

problems which have become critical or are anticipated to become

30 critical within the next 20 years. The Districts shall identify such

critical water supply problem areas during preparation of a District

32 Plan pursuant to Rule 17-40.090, F.A.C., and shall adopt these

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designations by rule by November 1, 1991. A reasonable amount of

2 reuse of reclaimed water from domestic wastewater treatment facilities

shall be required within designated critical water supply problem

4 areas unless such reuse is not economically, environmentally, or

technically feasible. The Districts shall periodically update their

6 designations of critical water supply problem areas by rule. Such

updates shall occur within one year after updates of the District Plan

8 prepared pursuant to Rule 17-40.090, F.A.C. After completion of the

District Plan or updates pursuant to Rule 17-40.090, F.A.C., the

10 Districts may limit areas where reuse shall be required to areas where

reuse is specified as a remedial or preventive action pursuant to Rule

12 17-40.090(2), F.A.C. Any such limitation of areas where reuse shall

be required shall be required shall be designated by rule.

14

(6) A reasonable amount of reuse of reclaimed water form domestic

16 wastewater treatment facilities may be required outside of areas

designated pursuant to Rule 17-40.040(5), F.A.C., as subject to

18 critical water supply problems provided:



20 (a) Reclaimed water is readily available; and



22 (b) The district has adopted rules for reuse in these areas.



24 (7) The Department encourages local governments to implement programs

for reuse of reclaimed water. These rules shall not be deemed to

26 preempt any such local reuse programs.
/


28 (8) In implementing consumptive use permitting programs, the

Department and the Districts shall recognize the rights of property

30 owners, as limited by law, to make consumptive uses of water from

their land, and the rights of other users, as limited by law, to make

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consumptive uses of water, for reasonable-beneficial uses in a manner

2 consistent with the public interest that will not interfere with any

presently existing legal use of water.

4

(9) Permits authorizing consumptive uses of water which cause

6 unanticipated significant adverse impacts on off-site land uses

existing at the time of permit application, or on legal uses of water

8 existing at the time of permit application, should be considered for

modification, to curtail or abate the adverse impacts, unless the

10 impacts can be mitigated by the permitted.



12 Specific Authority: 373.026, 373.043, 403.805, F.S.

Law Implemented: 373.016, Part II, 373, F.S.

14 History: New 5-5-81. Amended 2-4-82, 12-5-88. Previously numbered as

17-40.04.

16

17-40.050 Water Transport.(to be transferred to 17-40.400)

18

The following shall apply to the transfers of water where such

20 transfers are regulated pursuant to Part II of Chapter 373, Florida

Statutes:

22

(1) The transport or use of water across District boundaries shall

24 require approval of each involved District.



26 (2) In deciding whether the transport and use of water across District

boundaries is consistent with the public interest pursuant to Section

28 373.223, Florida Statutes, the Districts should consider the extent to

which:

30

(a) Comprehensive water conservation and reuse programs are

32 implemented and enforced in the area of need.



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(b) The major costs, benefits, and environmental impacts have been

2 adequately determined including the impact on both the supplying and

receiving areas;

4

(c) The transport is an environmentally and economically acceptable

6 method to supply water for the given purpose;



8 (d) The present and projected water needs of the supplying area are

reasonably determined and can be satisfied even if the transport takes

10 place;



12 (e) The transport plan incorporates a regional approach to water

supply and distribution including, where appropriate, plans for

14 eventual interconnection of water supply sources; and



16 (f) The transport is otherwise consistent with the public interest

based upon evidence presented.

18

Specific Authority: 373.026, 373.043, 403.805, F.S.

20 Law Implemented: 373.016, Part II, 373, F.S.

History: New 5-5-81. Previously numbered as 17-40.05. Amended

22 12-5-88.



24 17-40.060 Water Quality.



26 (1) Water quality standards shall be enforced pursuant to Chapter 403,

Florida Statutes, to protect waters of the State from point and

28 non-point sources of pollution.



30 (2) State water quality standards adopted by Department rule shall be

a part of the Florida Water Plan.

32


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Specific Authority: 403.061, 373.026, 373.043, 403.805, F.S.

2 Law Implemented: 373.039, 403.021, F.S.

History: New 5-5-81. Previously numbered as 17-40.06. Amended

4 12-5-88.




6 17-40.070 Surface Water Management.



8 The following shall apply to the regulation of surface waters pursuant

to Part IV, Chapter 373, Florida Statutes.

10

(1) The construction and operation of facilities which manage or store

12 surface waters, or other facilities which drain, divert, impound,

discharge into, or otherwise impact waters in the State, and the

14 improvements served by such facilities, shall not be harmful to water

resources or inconsistent with the objectives of the Department or

16 District.



18 (2) In determining the harm to water resources and consistency with

the objectives of the Department or District, consideration should be

20 given to:



22 (a) The impact of the facilities on:



24 1. recreation,



26 2. navigation,



28 3. water quality,



30 4. fish and wildlife,



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I II





0< ^


5. wetlands, floodplains, and other environmentally sensitive lands,

2

6. saltwater or pollution intrusion, including any barrier line

4 established pursuant to Section 373.033, Florida Statutes,



6 7. reasonable-beneficial uses of water,



8 8. minimum flows and levels established pursuant to Section 373.042,

Florida Statutes, and

10

9. other factors relating to the public health, safety, and welfare;


12


(b) Whether the facilities meet applicable design or performance

14 standards;



16 (c) Whether adequate provisions exist for the continued satisfactory

operation and maintenance of the facilities;

18

(d) The ability of the facilities and related improvements to avoid

20 increased damage to offsite property or the public caused by:



22 1. floodplain development, encroachment or other alteration,



24 2. retardance, acceleration or diversion of flowing water,



26 3. reduction of natural water storage areas,



28 4. facility failure, or



30 5. other actions adversely impacting offsite water flows or levels.



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Specific Authority: 373.026, 373.043, 403.805, F.S.

2 Law Implemented: 363.016, Part IV, 373, F.S.

History: New 5-5-81. Previously numbered as 17-40.07. Amended

4 12-5-88.



6 17-40.080 Minimum Flows and Levels.



8 (1) In establishing minimum flows and levels pursuant to Section

373.042, consideration shall be given to the protection of water

10 resources, natural seasonal fluctuations in water flows or levels, and

environmental values associated with coastal, estuarine, aquatic, and

12 wetlands ecology, including:



14 (a) Recreation in and on the water;



16 (b) Fish and wildlife habitats and the passage of fish;



18 (c) Estuarine resources;



20 (d) Transfer of detrital material;



22 (e) Maintenance of freshwater storage and supply;



24 (f) Aesthetic and scenic attributes;



26 (g) Filtration and absorption of nutrients and other pollutants;



28 (h) Sediment loads;



30 (i) Water quality; and



32 (j) Navigation.



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(2) Established minimum flows and levels shall be a consideration

2 where relevant to:



4 (a) The construction and operation of water resource projects;



6 (b) The issuance of permits pursuant to Part II, Part IV, and Section

373.086, Florida Statutes; and

8

(c) The declaration of a water shortage pursuant to Section 373.175 or

10 Section 373.246, Florida Statutes.



12 Specific Authority: 373.026, 373.043, 403.805, F.S.

Law Implemented: 373.016, 373.042, 373.086, 373.175, 373.246, F.S.

14 History: New 5-5-81. Previously numbered as 17-40.08. Amended

12-5-88.

16

17-40.090 District Water Management Plans.

18

(1) A water management plan shall be prepared by each District which

20 is consistent with the provisions of this Chapter and Section 373.036,

Florida Statutes. The District Plan shall include an assessment of

22 water needs and sources for the next 20 years. The District Plan

shall identify specific geographical areas that have water resource

24 problems which have become critical or are anticipated to become

critical within the next 20 years. Identification of critical water

26 supply problem areas needed for imposition of reuse requirements

pursuant to Rule 17-40.040(5), F.A.C., may be accomplished before

28 publication of the complete District Plan.



30 (2) Based on economic, environmental, and technical feasibility

analyses, a course of remedial or preventive action shall be specified

32 for each current and anticipated future critical problem.



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(3) Remedial or preventive measures may include, but are not limited

2 to, water resource projects; water resources restoration projects

pursuant to Section 403.0615, Florida Statutes; purchase of lands;

4 conservation of water; reuse of reclaimed water; enforcement of

Department or District rules; and actions taken by local government

6 pursuant to a Local Government Comprehensive Plan, local ordinance, or

zoning regulation.

8

(4) District Plans shall also provide for identifying areas where

10 collection of data, water resource investigations, water resource

projects, or the implementation of regulatory programs are necessary

12 to prevent water resource problems from becoming critical.



14 (5) By November 1, 1989, each District shall prepare a detailed plan

of study for the preparation of the District Plan.

16

(6) District Plans shall be developed expeditiously and may be

18 phased. All District Plans shall be completed no later than November

1, 1994.

20

(7) At a minimum, District Plans shall be updated every five years

22 after the initial plan development.



24 Specific Authority: 373.026, 373.043, 403.805, F.S.

Law Implemented: 373.016, 373.033, 373.042, 373.106, 373.114, F.S.

26 History: New 5-5-81. Previously numbered as 17-40.09. Amended

12-5-88.

28

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17-40.100 Review and Application.


2

(1) This Chapter shall be reviewed periodically, but in no case less

4 frequently than once every four years. Revisions, if any, shall be

adopted by rule.

6

(2) Within 12 months after adoption or revision of this Chapter, the

8 Department, in coordination with the Districts, shall review existing

rules for consistency with the provisions contained herein.

10

(3) District rules adopted after this Chapter takes effect shall be

12 reviewed by the Department for consistency with this Chapter.



14 (4) At the request of the Department, each District shall initiate

rulemaking pursuant to Chapter 120, Florida Statutes, to consider

16 changes the Department determines to be necessary to assure

consistency with this Chapter. The Department shall be made a party

18 to the proceeding.

(5) District water policies may be adopted which are consistent with

20 this Chapter, but which take into account differing regional water

resource characteristics and needs.

22

(6) A District shall initiate rulemaking to consider implementation of

24 programs pursuant to Sections 373.033, 373.042, 373.106, Part III, or

Part IV of Chapter 373, Florida Statutes, where the Department or

26 District determines that present or projected conditions of water

shortages, saltwater intrusion, flooding, drainage, or other water

28 resource problems, prevent or threaten to prevent the achievement of

reasonable-beneficial uses, the protection of fish and wildlife, or

30 the attainment of other water policy directives.



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- I ~__ --











(7) The Department and Districts shall assist other governmental

2 entities in the development of plans, ordinances, or other programs to

promote consistency with this Chapter and District water management

4 plans.



6 (8) Duplication of water quality and quantity permitting functions

should be eliminated where appropriate through delegation of

8 Department responsibilities to Districts.



10 (9) The Department and Districts should assist educational

institutions in the development of educational curricula and research

12 programs which meet Florida's present and future water management

needs.

14

Specific Authority: 373.026, 373.043, 403.805, F.S.

16 Law Implemented: 373.016, 373.033, 373.042, 373.106, 373.114, F.S.

History: New 5-5-81. Previously numbered as 17-40.10. Amended

18 12-5-88.

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