Fla. Admin. Code R. 40A-2.321

Current through Reg. 50, No. 253; December 31, 2024

Section 40A-2.321 - Duration of Permits

The Governing Board or Executive Director shall specify for each water use permit issued (new, modification, or renewal) a specific period of time the permit will be valid. The District shall notify the permit applicant, pursuant to the provisions of Rule 40A-1.203, F.A.C., of the recommended duration for the requested permit. The Governing Board or Executive Director is authorized to approve permit durations up to the statutory limits specified in Section 373.236, F.S., provided that the applicant demonstrates reasonable assurance that the proposed use meets the conditions for issuance in Rule 40A-2.301, F.A.C., for the requested duration. Otherwise, the Governing Board or Executive Director is authorized to issue permits for a shorter duration that reflects the period for which such reasonable assurances can be provided. Special duration factors listed in section 1.5.1 of the Water Use Permit Applicant's Handbook shall be considered in determining permit durations.

(1) The District shall extend a permit duration for public water supply utilities which have demonstrated water savings achieved through implementation of a water conservation plan. The definition of a goal-based water conservation plan and the length of the extension will be determined as described in section 2.3.7.8 of the Water Use Permit Applicant's Handbook.

(2) The Governing Board is authorized to grant a permit of lesser duration than those specified above, in order to address special duration factors as described in section 1.5.1 of the Water Use Permit Applicant's Handbook or to provide for the protection of the resource or existing legal uses (e.g., insufficient data for long-term authorization) or for other considerations as provided by Section 373.236, F.S.

(3) Nothing herein shall preclude or otherwise prevent the Governing Board from terminating, revoking, or temporarily suspending any permit in accordance with these rules or taking such other action as may be provided for in the permit.

Fla. Admin. Code Ann. R. 40A-2.321

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.185, 373.219, 373.236 FS.

New 10-1-82, Amended 5-17-83, 1-5-86, 11-2-92, 7-1-98, 5-29-14.