Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.331 - Modification of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A permittee may
				seek modification of any of the terms and conditions of an unexpired permit
				except when the sole purpose is to modify the expiration date. Notwithstanding,
				a permittee may seek modification for the sole purpose of modifying the
				expiration date if it is pursuant to subsection
				 40D-2.321(5),
				F.A.C, or when a public water supply permittee achieves demonstrable savings
				attributable to implementation of a water conservation plan pursuant to
				Sections 2.4.8.6 and 2.4.8.7 of the Applicant's Handbook. A permit expiration
				date may also be modified upon request and documentation by the permittee, if
				the modification application is deemed by the District to be substantial, as
				described in the WUP Applicant's Handbook Part B Section 1.4.11, (rev. 10/15),
				resulting in the modification application to (
https://www.flrules.org/Gateway/reference.asp?No=Ref-05856
),
				be processed as a renewal application with modification. A request for
				modification shall be reviewed in accordance with the rules in effect at the
				time the modification is filed.
(2)
				Modifications:
(a) Formal Modification - A
				Formal Modification may be requested through use of an individual application,
				using the same individual WUP Application Form and applicable Supplemental or
				Attachment Form(s) submitted for a new permit as incorporated in subsection
				 40D-2.101(1),
				F.A.C.; or
(b) Letter Modification
				- A Letter Modification may be requested through use of a Modification Short
				Form Application, Form No. LEG-R.035.02 (5/14), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03747
),
				incorporated herein by reference and available at any District office or
				through the District's website at
www.WaterMatters.org
. A Modification Short
				Form Application may be submitted, provided the annual average quantities will
				not increase by more than 100, 000 gpd or more than 10% of the total permitted
				quantity, the use of the water will not change, the modification does not cause
				the total annual average quantities to equal or exceed 500, 000 gpd, the
				proposed changes would not cause impacts beyond those considered in the initial
				permit and is not a request to extend a permit term unless pursuant to
				subsection  40D-2.321(5),
				F.A.C. Within the SWUCA, except to reactivate standby quantities as provided in
				Section 2.2.4 of the WUP Applicant's Handbook, a Modification Short Form
				Application shall not be used for modifications that include a request to
				Self-Relocate or to increase water withdrawals that impact or are projected to
				impact a water body with an established Minimum Flow or Level.
A Modification Short Form may be submitted to modify the
				  permit to include or remove a project funded pursuant to Chapter 40D-26,
				  F.A.C., and, if requested by permittee, extend the term of the permit for
				  twenty years. The District shall not reduce permitted quantities conserved by
				  the project funded pursuant to Chapter 40D-26, F.A.C., as long as the permittee
				  operates the project and the conditions for issuance provided for in Chapter
				  373, F.S. and Chapter 40D-2, F.A.C., are met.