Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-2 - PERMITTING OF CONSUMPTIVE USES OF WATER › Section 40C-2.381 - Permit Limiting Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Consumptive use permits shall be conditioned, as necessary, to ensure that the
				permitted consumptive use continues to meet the conditions for issuance in Rule
				 40C-2.301, F.A.C. There are two
				categories of permit conditions that will be applied to consumptive use
				permits. Standard conditions contain general information and operational
				constraints that generally apply to all water uses unless waived or modified by
				the District upon a determination that the conditions are inapplicable to the
				use authorized by the permit. Special conditions vary among use classes, source
				classes, and geographic locations, and may be project-specific.
(2)
(a) The
				Governing Board hereby determines and finds that the inclusion of the following
				standard limiting conditions on permits issued under this chapter are necessary
				in order to meet the requirements set forth in subsection
				 40C-2.381(1),
				F.A.C., and will be imposed at the time a consumptive use permit is issued or
				granted by rule:
1. With advance notice to
				the permittee, District staff with proper identification shall have permission
				to enter, inspect, observe, collect samples, and take measurements of permitted
				facilities to determine compliance with the permit conditions and permitted
				plans and specifications. The permittee shall either accompany District staff
				onto the property or make provision for access onto the property.
2. Nothing in this permit should be construed
				to limit the authority of the St. Johns River Water Management District to
				declare a water shortage and issue orders pursuant to Chapter 373, F.S. In the
				event of a declared water shortage, the permittee must adhere to the water
				shortage restrictions, as specified by the District. The permittee is advised
				that during a water shortage, reports shall be submitted as required by
				District rule or order.
3. Prior to
				the construction, modification or abandonment of a well, the permittee must
				obtain a water well permit from the St. Johns River Water Management District
				or the appropriate local government pursuant to Chapter 40C-3, F.A.C.
				Construction, modification, or abandonment of a well will require modification
				of the consumptive use permit when such construction, modification, or
				abandonment is other than that specified and described on the consumptive use
				permit application form.
4. Leaking
				or inoperative well casings, valves, or controls must be repaired or replaced
				as required to eliminate the leak or make the system fully
				operational.
5. The permittee's
				consumptive use of water as authorized by this permit shall not interfere with
				legal uses of water existing at the time of permit application. If interference
				occurs, the District shall revoke the permit, in whole or in part, to curtail
				or abate the interference, unless the interference associated with the
				permittee's consumptive use of water is mitigated by the permittee pursuant to
				a District-approved plan.
6. The
				permittee's consumptive use of water as authorized by this permit shall not
				have significant adverse hydrologic impacts to off-site land uses existing at
				the time of permit application. If significant adverse hydrologic impacts
				occur, the District shall revoke the permit, in whole or in part, to curtail or
				abate the adverse impacts, unless the impacts associated with the permittee's
				consumptive use of water are mitigated by the permittee pursuant to a
				District-approved plan.
7. The
				permittee shall notify the District in writing within 30 days of any sale,
				transfer, or conveyance of ownership or any other loss of permitted legal
				control of the project and/or related facilities from which the permitted
				consumptive use is made. Where permittee's control of the land subject to the
				permit was demonstrated through a lease, the permittee must either submit
				documentation showing that it continues to have legal control or transfer
				control of the permitted system/project to the new landowner or new lessee. All
				transfers of ownership are subject to the requirements of Rule
				 40C-1.612, F.A.C. Alternatively,
				the permittee may surrender the consumptive use permit to the District, thereby
				relinquishing the right to conduct any activities under the permit.
8. A District-issued identification tag shall
				be prominently displayed at each withdrawal site by permanently affixing such
				tag to the pump, headgate, valve, or other withdrawal facility as provided by
				Rule  40C-2.401, F.A.C. The permittee
				shall notify the District in the event that a replacement tag is
				needed.
9. The permittee's
				consumptive use of water as authorized by this permit shall not significantly
				and adversely impact wetlands, lakes, rivers, or springs. If significant
				adverse impacts occur, the District shall revoke the permit, in whole or in
				part, to curtail or abate the adverse impacts, unless the impacts associated
				with the permittee's consumptive use of water are mitigated by the permittee
				pursuant to a District-approved plan.
10. The permittee's consumptive use of water
				as authorized by this permit shall not reduce a flow or level below any minimum
				flow or level established by the District or the Department of Environmental
				Protection pursuant to Sections
				 373.042 and
				 373.0421, F.S. If the
				permittee's use of water causes or contributes to such a reduction, then the
				District shall revoke the permit, in whole or in part, unless the permittee
				implements all provisions applicable to the permittee's use in a
				District-approved recovery or prevention strategy.
11. The permittee's consumptive use of water
				as authorized by the permit shall not cause or contribute to significant saline
				water intrusion. If significant saline water intrusion occurs, the District
				shall revoke the permit, in whole or in part, to curtail or abate the saline
				water intrusion, unless the saline water intrusion associated with the
				permittee's consumptive use of water is mitigated by the permittee pursuant to
				a District-approved plan.
12. The
				permittee's consumptive use of water as authorized by the permit shall not
				cause or contribute to flood damage. If the permittee's consumptive use causes
				or contributes to flood damage, the District shall revoke the permit, in whole
				or in part, to curtail or abate the flood damage, unless the flood damage
				associated with the permittee's consumptive use of water is mitigated by the
				permittee pursuant to a District-approved plan.
13. All consumptive uses authorized by this
				permit shall be implemented as conditioned by this permit, including any
				documents incorporated by reference in a permit condition. The District may
				revoke this permit, in whole or in part, or take enforcement action, pursuant
				to Sections  373.136 or
				 373.243, F.S., unless a permit
				modification has been obtained to address the noncompliance. The permittee
				shall immediately notify the District in writing of any previously submitted
				information that is later discovered to be inaccurate.
14. This permit does not convey to the
				permittee any property rights or privileges other than those specified herein,
				nor relieve the permittee from complying with any applicable local government,
				state, or federal law, rule, or ordinance.
15. A permittee may seek modification of any
				term of an unexpired permit. The permittee is advised that Section
				 373.239, F.S. and Rule
				 40C-2.331, F.A.C., are
				applicable to permit modifications.