Rules in Development

Permitting
Notice of Rule Developments (begin rulemaking)

SB 1386 CUP Rulemaking

Rule No.
40C-2, Florida Administrative Code (F.A.C.)

Rule Title
ORGANIZATION AND PROCEDURE

To attend SJRWMD’s CUP Rulemaking workshop on August 25, 2025 at 10:00 AM, people can attend either in person at the South Florida Water Management District Orlando Service Center at 7345 Greenbriar Parkway, Orlando, FL 32819, or by webinar after registering at https://sfwmd.link/4fkft9y.  This will be a joint workshop with the South Florida Water Management District and the Southwest Florida Water Management District to discuss the SB 1386 rulemaking, plus some additional CUP rule amendments proposed by SJRWMD.

PURPOSE AND EFFECT: Senate Bill 1386 (SB 1386) (now Chapter 2024-180, Laws of Florida) requires water management districts to develop rules promoting reclaimed water use and encouraging quantifiable potable water offsets with specific requirements for such rules. The purpose and effect of the proposed rule amendments will be to: (1) create rule amendments to allow for a consumptive use permit (CUP) duration up to 30 years and CUP extensions up to 10 years if a water supply development or water resource development project using reclaimed water meets certain conditions under new subsection 373.250(9), F.S. (in rule 40C-2.101, F.A.C., and the CUP Applicant’s Handbook); (2) incorporate by reference the Outstanding Florida Springs rules adopted in rules 62-41.400 through 62-41.402, F.A.C. (in rule 40C-2.101, F.A.C., and the CUP Applicant’s Handbook); (3) repeal the requirement that only one CUP application can remain pending at a time and address comment by staff of the Joint Administrative Procedures Committee (JAPC) regarding permit renewals (in rule 40C-2.041, F.A.C.); (4) amend the criteria for a local government to adopt an ordinance limiting landscape irrigation to enforce certain criteria for landscape irrigation within its jurisdiction (in rule 40C-2.042(2)(b)1., F.A.C.); (5) allow a local government located in more than one water management district  to adopt an ordinance providing for alternative landscape irrigation conservation measures to achieve a uniform irrigation schedule within its jurisdiction that is in accordance with at least one of the involved water management district rules (in rule 40C-2.042(2)(b)3., F.A.C.); (6) clarify rule requiring a permanent identification tag at each withdrawal facility (in rule 40C-2.401, F.A.C., and the CUP Applicant’s Handbook); and (7) make conforming, technical, and clarifying changes throughout.
 
SUMMARY: This rule development will cover the revision of District rules on the following subjects: (1) longer CUP durations and CUP extensions for certain projects using reclaimed water that meet subsection 373.250(9), F.S.; (2) the Outstanding Florida Springs rules; (3) general requirement that only one CUP application can remain pending at a time and permit renewals; (4) local government ordinances to enforce certain landscape irrigation criteria in a general permit by rule; (5) requirements for a permanent identification tag at each withdrawal facility; (6) standard limiting conditions (permit conditions); and (7) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas above.
The St. Johns River Water Management District plans to consider publication of a Notice of Proposed Rule during the regularly scheduled Governing Board Meeting on September 9, 2025.  Thus, comments on the draft proposed rules will be due by September 5, 2025.

Water Well-Related Rulemaking

Rule No.
40C-1, Florida Administrative Code (F.A.C.)

Rule Title
ORGANIZATION AND PROCEDURE

Rule No.
40C-3, Florida Administrative Code (F.A.C.)

Rule Title
WATER WELLS

Presentation for the June 26, 2024 Water Well-Related Rulemaking workshop
(Posted on 7-2-2024)

Webinar recording

(Posted on 7-2-2024)

Description

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments to Chapter 40C-1 will be to: (1) delete a refence to Chapter 40C-5, which was repealed in 2015;  and (2) update, clarify, or simplify criteria (and delegation) for variances from water well construction requirements. The purpose and effect of the proposed rule amendments to Chapter 40C-3 will be to: (1) update delegation of authority for Executive Director;  (2) incorporate by reference various updated water well permitting delegation agreements with Brevard County, City of Jacksonville, Indian River County, Marion County, and Osceola County;  (3) incorporate by reference a new water well permitting delegation agreement with Seminole County;  (4) incorporate by reference a new water well permitting delegation agreement with the Suwannee River Water Management District (Suwannee) regarding small portion of Bradford County within District’s boundary that is not currently regulated by Suwannee;  (5) repeal incorporation of a water well permitting delegation agreement;  (6) incorporate references to standards and methods contained within rules of the Florida Department of Environmental Protection (FDEP) that are incorporated within Chapter 40C-3;  (7) clarify that wells, which supply water to public water systems not covered or included in the Florida Safe Drinking Water Act, are included in the category of Public Water Supply Well;  (8) delete a refence to Chapter 40C-5, which was repealed in 2015;  (9) update/clarify contents of the permit application;  (10) update inspection criteria and delete District offer to sell metallic water well tags;  (11) incorporate general reference to Chapter 62-524, F.A.C., and references to setback requirements of 62-532.400(7) and (8), F.A.C.;  (12)  update and incorporate references to AWWA Standard C654-21, Section 4.3, guidelines for disinfection of filter or gravel pack materials, U.S. Environmental Protection Agency (EPA) EPA-570/9-75-001, Section 54.001-000-000, and EPA methods 601, 602 and 610;  (13) delete outdated references to Rule 62-761.640, F.A.C.; and (14)  otherwise update, clarify, or simplify water well-related rules.

SUMMARY: The proposed rule amendments to Chapter 40C-1 will: delete an outdated rule reference, and update, clarify, or simplify a procedural rule regarding variances from water well construction requirements.  The proposed rule amendments to Chapter 40C-3 will: (1) incorporate District’s water well permitting delegation agreements, allowing for local regulation of the construction, repair, and abandonment of certain water wells, as well as general compliance responsibilities, plus a limited ability to grant variances, and repeal one water well permitting delegation agreement; (2) incorporate certain standards and methods contained within rules of the FDEP that are incorporated in Chapter 40C-3; (3) delete outdated rule references and standards; and (4) otherwise update, clarify, or simplify water well-related rules.

To register for SJRWMD’s June 26, 2024 Water Well-Related Rulemaking workshop at 1:00 PM, please click on the link below:

https://attendee.gotowebinar.com/register/1633514078920168032

After registering, you will receive a confirmation email containing information about joining the webinar, including a link to join the webinar and an optional toll-free call-in telephone number.

The St. Johns River Water Management District plans to consider publication of Notices of Proposed Rule during the regularly scheduled Governing Board Meeting on August 13, 2024.  Thus, comments on the draft proposed rules will be due by July 12, 2024.