Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.416 - Water Reuse and Recycling

Current through Reg. 50, No. 138; July 16, 2024
(1) The reuse
				of reclaimed water, the recycling of stormwater for irrigation and other
				beneficial uses, and the recycling of industrial wastewater, shall be promoted.
				In the adoption and implementation of consumptive use permitting rules, the
				reuse or recycling of water shall be required of water users unless objective
				evidence demonstrates that such reuse or recycling is not economically,
				environmentally, or technically feasible. In determining economic feasibility,
				the consideration shall include costs and benefits of the recycled or reclaimed
				water use, including the amount of reclaimed or recycled water that can be
				produced or used relative to the cost, and, in the case of a reclaimed water
				provider, the likelihood that potential end users will utilize the reclaimed
				water. The data included in the applicable reuse feasibility study performed
				pursuant to Section  403.064, F.S., and the study's
				conclusions shall be considered by the District in making its determination of
				feasibility. A public water supply utility may develop a reuse or recycling
				plan and include that plan as part of its goal-based water conservation plan
				allowed by subsection
				 62-40.412(3),
				F.A.C., but inclusion of a reuse or recycling plan into a goal-based water
				conservation plan shall not alleviate any requirement to implement reuse when
				feasible.
(2) The Department
				encourages local governments to implement programs for reuse of reclaimed
				water, recycling of stormwater for irrigation and other beneficial uses, and
				recycling of industrial wastewater. The Districts are encouraged to establish
				incentives, such as longer permit duration and cost-sharing, for local
				governments and other interested parties to implement programs for reuse of
				reclaimed water and the recycling of stormwater. These rules shall not be
				deemed to pre-empt any such local reuse programs.
(3) Metering of reclaimed water use and
				implementation of volume-based charges, where a user of reclaimed water pays
				for service based, at least in part, on the actual metered volume of reclaimed
				water used, are encouraged for new reclaimed water facilities and programs to
				effectively manage reclaimed water supplies, when expected to result in more
				efficient and effective water use. The Districts are encouraged to develop
				incentives, including funding programs, for the installation of meters on
				reclaimed water.
(4) The Department
				and the Districts shall encourage reuse that is efficient and effective and
				will increase potable quality water offset or recharge fraction, where
				consistent with water quality protection.
(5) Reclaimed water may be presumed available
				to a consumptive use permit applicant when a reuse utility exists, which has
				determined it has uncommitted reclaimed water capacity, and that has
				distribution facilities, that are initially provided by the utility at its
				cost, to the site of affected applicant's proposed use.
(6) Wastewater utilities located within,
				serving a population located within, or discharging within a water resource
				caution area shall perform the reuse feasibility analysis pursuant to Section
				 403.064, F.S. A reuse
				feasibility study prepared under Section
				 403.064(6),
				F.S., satisfies a District requirement to prepare a reuse feasibility
				study.
(7) An applicant may propose
				an impact offset derived from the use of reclaimed water as part of a permit
				application.
(a) The portion of a surface
				water or groundwater allocation made available by an impact offset will be
				based on the beneficial water resource impact provided by the impact offset
				project. In evaluating the impact offset proposed and supported by analyses
				provided by the applicant, the District shall consider the degree to which the
				reclaimed water offsets harmful impacts otherwise caused by the withdrawal,
				including:
1. Saltwater intrusion,
2. Wetland or other surface water impacts,
3. Groundwater impacts,
4. Impacts to existing legal uses,
5. Harm to existing offsite land uses,
6. Other water resource
				impacts.