Title: Outline of Consolidated Permit Pursuant to Partnership Agreement
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Permanent Link: http://ufdc.ufl.edu/WL00003962/00001
 Material Information
Title: Outline of Consolidated Permit Pursuant to Partnership Agreement
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Outline of Consolidated Permit Pursuant to Partnership Agreement
General Note: Box 16, Folder 6 ( SWFWMD - 1997-1998 ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003962
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





ATTORNEY WORK PRODUCT


December 10, 1997

MEMORANDUM

To: E. D. "Sonny" Vergara, Executive Director
Gene Heath, Assistant Executive Director
Edward B. Helvenston, General Counsel

From: Jake Varn, Esq.
James Robinson, Senior Attorney
Kenneth Weber, Chief Regulation Geologist
Frank Hearne, Esq.
Dominick Graziano, Esq.

Subject: Outline of Consolidated Permit Pursuant to Partnership Agreement

The following is an outline of the proposed permit we're presently working on.

PRELIMINARY STATEMENT:

[This statement will set the backdrop for the consolidated permit and the need to rely on
Sec. 373.171, F.S., for issuance. In order to minimize the risk of re-exposing the entire
consolidated permit to 120 challenge with each addition of a new water supply source,
the new sources will receive separate water use permits with terms which will expire on
December 31, 2010. The consolidated permit will provide for cutbacks at one or more
of the 12 existing facilities in accordance with the Authority's operational plan as new
water supply sources are permitted.

The term of the permit will expire on December 31, 2010, unless the Partnership
Agreement is declared null and void before then, in which event the term shall expire 3
months thereafter. The subsequent permits for the new water supply sources will have
a similar term provision.

The preliminary statement and the accompanying order will provide that, of the 12
permits, those that are outstanding will be made part of the consolidated permit by letter
modification at the request of the permittees and with the District's approval. The four
in-house permits need not be so modified since they have yet to be issued.

The preliminary statement will be followed by the production table information setting
forth permitted quantities for the facilities.

At this point the permit will pick up with the Standard and Special Conditions which are
summarized as follows.]









ATTORNEY WORK PRODUCT


STANDARD CONDITIONS

[Will be attached to the permit as Exhibit "A"]

SPECIAL CONDITIONS

1. PHASED REDUCTIONS IN WITHDRAWAL

[District is developing a condition to accomplish reductions to 121 and 90 MGD by
interaction with new permits as they are issued while minimizing risk of reopening permit
to administrative review.]

2. SUBMISSION OF DATA AND REPORTS

[Administrative provision requiring format for submittal of data and other reports
required by other terms of the perinit.

3. PERMITTED ANNUAL AVERAGE QUANTITY

[Provides that compliance with all annual average quantities is to be calculated based
upon a running 12-month average expressed in gpd or MGD.]

4. INDIVIDUAL WITHDRAWAL PUMPAGE FLEXIBILITY

[Allows the permitted to make adjustments in pumping distribution among the various
withdrawal points as necessary up to the peak monthly and annual average daily
quantity limitations so long as adverse impacts to water resources, environmental
systems, and existing legal uses do not result and other conditions of the permit are
complied with.]

5. WATER SUPPLY PLANNING

[Requires the permitted to report to the Board regarding the construction of new water
sources and where the offsetting reductions at existing facilities will occur.]

6. REDUCTION OF ADVERSE ENVIRONMENTAL IMPACTS

[Requires investigation of various methods for reduction of adverse environmental
impacts, including additional supply and impact reductions measures and conservation
measures.]









ATTORNEY WORK PRODUCT


7. REUSE OF RECLAIMED WATER

[Requires St. Petersburg to implement reuse found feasible by Quattlebaum.]

8. MONITORING OF ENVIRONMENTAL CONDITIONS

[Requires continuation of existing environmental monitoring, and improvements.]

9. ENVIRONMENTAL MITIGATION

[Requires mitigation of adverse environmental impacts at specific sites, and provides
guidance for further mitigation.]

10. WATER USE CAUTION AREA CONDITIONS

[These are the standard WUCA conditions applicable to those facilities located in either
the Eastern or Northern Tampa Bay Water Use Caution Area, including requirements
for per capital limitations, water conserving rate structures, water audits, residential
water use reports, and reclaimed water use reports.]

11. WATER QUANTITY AND QUALITY MONITORING CONDITIONS

[Standard condition requiring flow metering and reporting of metered data, rain gauge,
water quality sampling, water quality concentration limits, recording of lake levels,
hydrologic monitoring network, and evaporation monitoring.]

12. REGULATORY LEVELS APPLICABLE TO CERTAIN WELLFIELDS

[Requires compliance with regulatory levels at designated wells at certain wellfields
(e.g., Cosme-Odessa, Section 21 and South Pasco) so as not to cause cumulative
weekly average elevations of the potentiometric surface of the Floridan aquifer to be
lower than the designated levels.]

13. INVESTIGATION OF COMPLAINTS

[Requires the permitted to investigate and mitigate adverse impacts to water
withdrawals and other impacts, such as significant reduction in levels or flows in water
bodies.]

14. CAPPING OF WELLS









ATTORNEY WORK PRODUCT


[Requires water-tight capping or sealing of wells which are not in use.]

15. IDENTIFICATION. CONVERSION AND ABANDONMENT OF WELLS

[Requires the permitted to list all existing wells associated with the facility which are not
used for production or required to be monitored, and directs that they be properly
plugged and abandoned.]

16. SUBMISSION OF GEOPHYSICAL LOGS AND AQUIFER TESTING

[Requires the permitted to provide the results and analyses or reports regarding all
geophysical logging and aquifer testing conducted between January 1990 and the date
of permit issuance.]

17. ANNUAL REPORT

[Requires a comprehensive and concise annual report describing facility operation and
an assessment of the water resources and environmental systems.]

18. TIME EXTENSIONS

[Sets forth the procedure governing time extensions.]

19. MODIFICATION OR REVOCATION OF PERMIT BY DISTRICT

[Reserves the District's right to modify or revoke the permit as provided by law.]

20. OTHER LIMITATIONS AND REQUIREMENTS

[States that the permit does not convey any vested right or exclusive privilege, nor
authorize injury or damage to public or private property, nor waive or approval other
state, federal or local permit etc.]




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