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Rule 62-40, F.A.C. – What is it?
• The Water Resource Implementation Rule (State Water Policy).
• Required by Sec. 373.036, F.S.• Goals, objectives and guidance for
DEP and WMDs for programs, rules and plans related to water resources.
• Amendments not effective until after next legislative session following rule adoption.
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Rule 62-40, F.A.C. – How is it used?• Key tool for DEP oversight of WMDs.
• WMD rules must be consistent with Rule 62-40, F.A.C.
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Rule 62-40, F.A.C. - Reclaimed Water
• Reclaimed Water Policy Workgroup(DEP, WMD, FWEA, local gov’t, etc.)
• Overarching Goal: “Optimize the use and continued development of reclaimed water as an alternative water supply to the extent environmentally, technically, and economically feasible in order to meet water supply demands.”
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Rule 62-40, F.A.C. - Reclaimed Water
• Impact Offset/Substitution Credits • HB 639 (2012) requires DEP to initiate
rulemaking by Oct.1, 2012 to incorporate criteria for consideration of offsets/credits in consumptive use permitting.
• WMD to initiate rulemaking to incorporate by reference within 60 days of adoption.
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Rule 62-40, F.A.C. - Reclaimed Water Definitions
are critical! “Impact Offset” means the use of reclaimed water to reduce or eliminate a harmful impact that has occurred or would otherwise occur as a result of other surface water or groundwater withdrawals.(Sec. 373.250(5)(a)1, F.S.)
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Rule 62-40 F.A.C. Reclaimed Water
Impact Offset - ExampleApplicant applies for groundwater withdrawal
Will cause saltwater intrusion
Applicant proposes recharge with reclaimed water to create a saltwater barrier
Permit for withdrawal issued conditioned on recharge with reclaimed water to prevent harmful saltwater intrusion
IMPACT AVOIDED
Impact Offsets
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Rule 62-40, F.A.C. - Reclaimed Water Impact
Offset• All Conditions of Issuance must be met
after offset applied.
• Impact offset limited to duration of permit into which it is incorporated.
• Any changes require permit modification.
• Allocation may be renewed based on a continuing offset.
• Impact offsets can not be granted retroactively.
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Rule 62-40, F.A.C. - Reclaimed Water
Definitions are critical!
“Substitution credit” means the use of reclaimed water to:
• replace all or a portion of an existing permitted use of resource-limited surface water or groundwater,
• allowing a different user or use to initiate a withdrawal or increase its withdrawal from the same resource-limited surface water or groundwater source provided that
• the withdrawal creates no net adverse impact on the limited water resource or creates a net positive impact if required by district rule as part of a strategy to protect or recover a water resource. (Sec. 373.250(5)(a)2 , F.S.)
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Rule 62-40 F.A.C. - Reclaimed Water
Substitution Credit - Example
City allowed to increase groundwater withdrawal to the extent that overall effect is neutral (or positive,
if required)
City provides golf course with reclaimed water; Golf course no longer uses groundwater
Groundwater use in area capped. No additional quantities can be permitted.
Substitution Credits
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Rule 62-40 F.A.C. Reclaimed Water
Substitution Credit – Example cont.
City allowed to increase groundwater withdrawal potentially up to 1 MGD. May be < 1 MGD depending
on location/effect of withdrawal. Effect must be neutral/positive.
Golf course changes from using 1 MGD of groundwaterto 1 MGD of reclaimed water
How much “credit” does City get?
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Rule 62-40 F.A.C. - Reclaimed Water Substitution Credit
• Only applies where WMD has adopted rules establishing withdrawal limits within a defined geographic area.
• All Conditions of Issuance must be met after substitution credit applied.
• Substitution credit limited to duration of permit into which it is incorporated.
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Rule 62-40 F.A.C. - Reclaimed Water
Substitution Credit • Amount of credit same or less than terminated withdrawal considering: Timing, location and amount of withdrawal
to be terminated; Timing and location of proposed withdrawal
by applicant; Hydrogeology of area; Whether a no net adverse impact or a net
positive impact on limited water resource is required.
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Rule 62-40 F.A.C. - Reclaimed Water
Substitution Credit
• Reuse utility providing reclaimed water.• One or more entities designated by the
reuse utility.• In all cases, user must demonstrate a
need for the water.• Credits cannot be transferred to other
users, except in same manner as the permit itself.
Who can use a Substitution Credit?
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Rule 62-40 F.A.C. - Reclaimed Water Substitution Credit
• Changes require a modification.
• Renewals allowed if benefits of credit continue.
• Credits shall not be granted retroactively.
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Rule 62-40, F.A.C. - Reclaimed Water
Supplementation of Reuse Systems
What is supplementation
and why is it used?
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Rule 62-40, F.A.C. - Reclaimed Water
Supplementation of Reuse Systems
• Supplementation of a reclaimed water system means the addition of water from another source to reclaimed water supplies.
• Supplementation is a strategy that allows a utility to expand the customer base that can be reliably served and utilize more of the available reclaimed water.
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Unused Water to Disposal
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Rule 62-40, F.A.C. - Reclaimed Water
Supplementation of Reuse Systems
• Supplementation benefits: • Allows more reclaimed water
to be used.• Discharges less reclaimed
water to the environment.• Minimizes the use of high-
quality water sources for non-potable purposes.
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Rule 62-40, F.A.C. - Reclaimed Water
Supplementation & Permitting
• When determining whether supplementation is reasonable-beneficial and consistent with the ………......… public interest, a District shall:
• Recognize the benefits of supplementation.
• Consider the effectiveness of a utility’s management of its reclaimed water system.
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Rule 62-40, F.A.C. - Reclaimed Water
Supplementation & Permitting
• When supplementation of a reclaimed water system is proposed, WMD shall require a plan from the applicant.
• Plan will be used to:• Evaluate a utility’s management
of its reclaimed water system.• Determine if requested quantity
is needed to more effectively use reclaimed water supplies.
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Rule 62-40, F.A.C. - Reclaimed Water
Supplementation Plan Considerations
• Use of lower quality water sources.
• Pressure reduction.• Designation of primary
and secondary (interruptible) customers.
• The appropriate level of certainty to be provided during drought conditions.
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Rule 62-40, F.A.C. - Reclaimed Water
Supplementation Plan Considerations
• Financial incentives for voluntary use reductions.
• Reclaimed water interconnects with adjacent communities.
• Providing customers with written information supporting the need to conservatively use reclaimed water.
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Rule 62-40, F.A.C. - Reclaimed Water
Supplementation Plan Considerations
• Regulatory constraints or requirements on discharges.
• Demand management.• Creation of additional
storage.• May include other
measures identified byapplicant or District.
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Rule 62-40, F.A.C.
In addition to reclaimed water provisions, what other changes are proposed for Rule 62-40, F.A.C.?
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Rule 62-40, F.A.C. – Reg. Consistency
• Establish goal for consistency among WMDs in regulatory programs, except as needed for regional differences in water resources.
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Rule 62-40, F.A.C. CUP Conditions of Issuance
• Basic Conditions of Issuance in Rule 40X-2.301, F.A.C. in all WMDs.
• Currently cover same general concepts, all different.
• Consistent Conditions of Issuance to be included in Rule 62-40, F.A.C. and all WMD rules.
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Rule 62-40, F.A.C. - MFLs
• Require additional information on annual priority lists: reservations, waters affected by adjacent District withdrawals.
• Timing of recovery and prevention strategies (codify DEP guidance memo).
• Guidance on peer review process (CFWI).
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Rule 62-40, F.A.C. - Water Planning
• Streamline and update.• Revise form and content of
Florida Water Plan. • Include strategic plan as alternative
to District Water Management Plan (DWMP) (reflect statutory change).
• Refine required content of DWMP.
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Rule 62-40, F.A.C. Additional Rule Topics
• 10-Year Compliance Report (codify DEP guidance memo)
• Allocation Flexibility (codify DEP guidance memo to ensure consistency)
• Water Conservation (changes as needed to codify workgroup results)
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Rule 62 -40 F.A.C. Issues for Input
• Handout of rule language for impact offsets and substitution credits
• Supplementation• Other specific topics/concepts
proposed for inclusion in Rule 62-40 F.A.C.