Statement of Estimated Regulatory Costs for the Dover / Plant City ...

1.0 SUMMARY OF PROPOSED RULE JANUARY 2011
of the Credit. The Credit will also remain available if the Receiver transfers the
standby permit to a new owner at the same site who continues the same water
use with the AWS.
6. The only withdrawals that may be considered for a Groundwater Replacement
Credit are those that meet the permitting criteria of Chapter 40D-2, F.A.C., and
this Basis of Review for Water Use Permit Applications.
7. Reclaimed water suppliers shall not be eligible for a Groundwater Replacement
Credit when reclaimed water is directed from existing reclaimed water users to
other reclaimed water users and such redirection causes an existing reclaimed
water user to reinstate permitted standby ground water withdrawals. In such a
case the credit shall be applicable if the reclaimed water provider can demonstrate
that the cumulative effect of such redirection will achieve more recovery of
the Minimum Aquifer Level than would otherwise occur absent of the redirection.
1.9 Alternative Frost / Freeze Protection Methods
Revisions to Section 7.4 of the Basis of Review address the requirement of certain water
use permit applicants to investigate the technical, economic and environmental feasibility
of using alternatives to ground water for frost / freeze protection. This feasibility analysis
is required of all applicants for permits with at least 100,000 gpd average annual daily
water quantities for an activity that typically uses frost / freeze protection and has or proposes
to have a groundwater withdrawal with the potential to impact the Minimum Aquifer
Level Protection Zone.
If it is determined that alternatives to groundwater are not feasible, applications for New
Quantities that impact the Minimum Aquifer level Protection Zone will not be permitted
without a Net Benefit. However, in evaluating renewal applications for permits in effect
as of the effective date of rule, a determination that alternatives to groundwater are not
feasible shall not be a basis for denial of the renewal application.
44324-000R4.docx
The proposed rule provides examples of alternatives to using groundwater to provide
frost / freeze protection. These examples are tailwater recovery systems, storm water
systems, tunnels, covers, foam, heaters and methods supported by documentation from
the Institute of Food and Agricultural Sciences at the University of Florida. The required
evaluation shall determine whether alternatives are available to use in lieu of groundwater
for all or part of frost / freeze crop protection including investigation of participation in
the FARMS program set forth in Chapter 40D-26, F.A.C. Infeasibility shall be supported
with a detailed explanation, including a description of the investigation of participation in
the FARMS program. Use of alternatives to groundwater for frost / freeze protection shall
be required where technically, economically, and environmentally feasible.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Page 1-12
SERC FOR DOVER / PLANT CITY WUCA RULE
HAZEN AND SAWYER, P.C.