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Item 8AAGENDA ITEM # 8A JULY 26, 2010 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Revised Consumptive Use Permit for Water Withdrawals SUBMITTED BY: Jim Hans DATE: July 19, 2010 BACKGROUND: The City has received a copy of a revised Consumptive Use Permit (CUP) for water withdrawal from the St. Johns River Water Management District (WMD) dated July 16, 2010. A copy is attached. This is a revision of the previous CUP that was issued on September 11, 2009. That CUP contained a number of onerous provisions including the following: - Atlantic Beach was required to adopt certain model ordinances provided by the WMD on a verbatim basis. - The WMD was required to pre-approve the specific language that was to be considered by the Atlantic Beach Commission for various ordinances prior to adoption. - The City of Atlantic Beach was required to construct and operate a wastewater reuse system to serve the Selva Marina Country Club regardless of whether or not the City would be able to reach an agreement with the Country Club as to price and to other conditions. - The City of Atlantic Beach was required to adopt an ordinance regulating a wastewater reuse system, regardless of whether Atlantic Beach ever built such a system. - There were several deadlines in the CUP by which the City Commission was required to adopt or amend ordinances. Those timeframes were, in many cases, shorter than would be realistic for public comment, review and adoption. The CUP provisions were intended by the WMD to further encourage water conservation in Atlantic Beach. This was despite the fact that water use in Atlantic Beach has declined dramatically in recent years, partially due to numerous (WMD mandated) conservation efforts such as adoption of awater-conserving rate structure and participating in the WMD's water conservation ad campaigns. The levels of water usage in Atlantic Beach AGENDA ITEM # 8A JULY 26, 2010 have fallen over 35% per customer to a level that is below the average residential usage in many other communities in this part of the state. Following the discussion with the City Commission about the onerous conditions, Mayor Borno and city staff met with the WMD staff and several WMD board members many times over a period of months. The CUP issued to Atlantic Beach also received a considerable amount of attention from the Florida League of Cities and city officials across the state. It was one factor that led to a change in state regulation in the 2010 legislative session that amended legislation adopted just one year earlier to give WMD Directors the authority to issue CUPS without approval of their boards. That legislation has now been reversed, and WMD boards are required to approve all new CUPS. The new CUP provisions include several changes that are favorable to Atlantic Beach; - The new CUP provisions do not require Atlantic Beach to adopt specific model ordinances and no longer contain requirements for pre-approval of language. Instead the new conditions include references to minimum state standards that Atlantic Beach must meet. - The requirement to serve the Selva Marina Country Club with reuse has been eliminated entirely. The WMD recently issued permits to the Country Club to install backup wells for irrigation, thus allowing a much lower cost source for irrigation water. - Atlantic Beach will be not required to adopt a reuse ordinance unless and until a reuse system is built. The dates for adoption have been extended or eliminated. For the adoption of the Landscape Irrigation Rule in Condition 31, the deadline has been changed from 11/30/09 to 10/16/10. For the adoption of a "Florida Friendly" Landscape Ordinance, the deadline was changed from 10/30/09 to 12/31/10. With the revision of CUP conditions, it is now appropriate for the City Commission to consider amending to the Landscape Irrigation Ordinance and to consider adoption of a "Florida Friendly" Landscape Ordinance. Complying with the Irrigation Ordinance requirement is the only remaining condition needed before a grant can be finalized for one million dollars for the construction of the wastewater plant upgrades in connection with the TMDL nitrogen regulation. BUDGET: There is no specific budget required in relation to the revised CUP conditions, although administrative and legal time will be required to adopt/amend the required ordinances. There will also be staffing and AGENDA ITEM # 8A JULY 26, 2010 permit fees related to the "Florida Friendly" Landscape Ordinance which will be discussed at a later date. RECOMMENDATION: Proceed immediately with the consideration of amendments to the Landscape Irrigation Ordinance and then begin consideration of a new "Florida Friendly" Landscape Ordinance. ATTACHMENT: Consumptive Use Permit No. 810 issued by the St. Johns River Water Management District dated July 16, 2010 AGENDA ITEM ~ 8A ohns River JULY 26, 2010 St. fir. .,~ Water Management District Kirby B. Cx9m III, aroctor • Dpvid w. Fick, Aefbtant Executiv® Dir~cbr 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at floridaswater.com. July 16, 2010 City of Atlantic Beach 800 Seminole Rd Atlantic Beach, FL 32233 SUBJECT: Consumptive Use Permit Number 810 Atlantic Beach Dear Sir/Madam: Enclosed is your permit as authorized by the Executive Director of St. Johns River Water Management District on July 16, 2010. Please be advised that the period of time within which a third party may request an administrative hearing on this permit may not have expired by the date of issuance. A potential petitioner has twenty-six (26) days from the date on which the actual notice is deposited in the mail, or twenty-one (21) days from publication of this notice when actual notice is not provided, within which to file a petition for an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. Receipt of such a petition by the District may result in this permit becoming null and void. Permit issuance does not relieve you from the responsibility of obtaining permits from any federal, state and/or local agencies asserting concurrent jurisdiction over this work. The enclosed permit is a legal document and should be kept with your other important records. Please read the permit and conditions carefully since the referenced conditions may require submittal of additional information. All information submitted as compliance with permit conditions must be submitted to the nearest District Service Center and should include the above referenced permit number. Sincerely, Robert Presley, Director Division of Regulatory Information Management Enclosures: Permit, Conditions for Issuance, Compliance Forms, Map, Well Tags cc: District Permit File OOVERNINO BOARD W. leorreni woos, a+anr~w Hersey'Herky" Hufhnan, ~cr~ r~wr Hues (3. Tauber III, eR Douglas C. Boumique ~rw~aru agar ~ ~ vEno er~a+ N6drael Ertel Maryam H. tihyebi Fbdyard 0. Hamann Aron N. Jwtrper John A. M'klos ov~oo onar+o s~ t:~na€svn~ wrtr won oPo.,woo AGENDA ITEM # 8A JULY 26, 2010 PERMIT NO. 810 PROJECT NAME: Atlantic Beach A PERMIT AUTHORIZING: DATE ISSUED: JuIV 16, 2010 The District authorizes, as limited by the attached permit conditions, the use of 1,695.97 million gallons per year (mgy) 4.65 million gallons per day (mgd), average, of groundwater from the Floridan aquifer for public supply use (includes household, commercial/industrial, landscape irrigation, water utility, unaccounted for uses) and 14.65 million gallons per day of groundwater from the Floridan aquifer for essential use (fire protection) to supply a projected population of 34,590 in 2019. LOCATION: Site: Atlantic Beach Duval County Section(s): 6, 7, 8, 17, 18, Township(s): 2S Range(s): 29E 37 ISSUED TO: City of Atlantic Beach 800 Seminole Rd Atlantic Beach, FL 32233 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all maps and specifications attached thereto, is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes and 40C-1, Florida Administrative Code. PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated July 16, 2010 AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management By: By: Harold A. Wilkening III Director Kirby B. Green, III Executive Director AGENDA ITEM # 8A JULY 26, 2010 "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 810 City of Atlantic Beach DATED JULY 16, 2010 1. Landscape irrigation shall be in conformity with the requirements set forth in subsection 40C-2.042(2), F.A.C. 2. All submittals made to demonstrate compliance with this permit must include the CUP number 810-7 plainly labeled on the submittal. 3. This permit will expire June 10, 2019. 4. The combined maximum annual groundwater withdrawals from the Floridan aquifer for public supply use (which includes household, commercial/industrial, landscape irrigation, water utility and unaccounted for uses) must not exceed: 1,550.20 million gallons (4.25 million gallons per day average) in 2009, 1,595.05 million gallons (4.37 million gallons per day average) in 2010, 1,639.93 million gallons (4.49 million gallons per day average) in 2011, 1,685.18 million gallons (4.62 million gallons per day average) in 2012, 1,685.30 million gallons (4.62 million gallons per day average) in 2013, 1,686.08 million gallons (4.62 million gallons per day average) in 2014, 1,687.34 million gallons (4.62 million gallons per day average) in 2015, 1,689.00 million gallons (4.63 million gallons per day average) in 2016, 1,691.02 million gallons (4.63 million gallons per day average) in 2017, 1,693.35 million gallons (4.64 million gallons per day average) in 2018 and 1,695.97 million gallons (4.65 million gallons per day average) in 2019. If the permittee has not complied with all the conditions of this permit, the maximum annual groundwater withdrawals for household, commercial/industrial, water utility, and unaccounted-for losses must not exceed the allocation for the year during which the violation first took place until the permittee is in compliance with all the conditions of this permit. 5. Maximum daily groundwater withdrawals from the Floridan aquifer for essential use (fire protection) is 14.65 million gallons. The District must receive documentation from the permittee within 30 days of each use of the well(s) for fire protection. The documentation must include pump or well capacity and the duration of pumping. 6. If, in any year, the actual volume of water withdrawn by the permittee equals 95 percent or more of the amount of water allocated for use by this permit, then the permittee shall submit a written report to the District that explains why the withdrawal of water by the permittee equals 95 percent or more of the amount allocated for in this permit. The report shall evaluate the effect of the following on the volume of water withdrawn by the permittee: a. Climatic shortfalls (drought); b. Greater than anticipated growth in the permittee's service area; c. Inefficient usage within the service area; d. Other factors that account for the withdrawal volume equaling 95 percent or more of the allocation. The report must include a breakdown of the population currently being served by the permittee, an updated projection of anticipated population that will be served for the following year, an evaluation as to whether the permittee anticipates whether it will be able to meet the water needs of the revised projected population without violating the allocations set forth in this permit, and a corrective action plan setting actions that the AGENDA ITEM # 8A JULY 26, 2010 permittee intends to take if the evaluation indicates that allocations will be exceeded during the following year. The report must be submitted to the District by February 15th of the year following the year wherein the permittee experienced withdrawals of water that equals 95 percent or more of the amount of water allocated for use by this permit. 7. Wells AB WTP 1-well 1(GRS ID 6376), AB WWTP 1-well 2(GRS ID 6377), AB WWTP 1-well 2R (GRS ID 35064), AB WTP 2- well 3(GRS ID 6374), AB WTP 2-well 5 (GRS ID 6378), Buc WTP 4-well 1 N (GRS ID 6379), Buc WTP 4-well 2S (GRS ID 6380), Buc WTP 3-well 3W (GRS ID 6381), Buc WTP 3-well 4E (GRS ID 6382) and Buc WTP S- well 6S (GRS ID 6384) are or must be equipped with totalizing flowmeters. These meters must maintain 95% accuracy, be verifiable and be installed according to the manufacturer's specifications. Documentation (i.e. manufacturer's specifications and a photo) of the proper installation of this meter must be submitted to the District within 60 days from the date of installation of the meter. 8. Total withdrawals from wells AB WTP 1-well 1(GRS ID 6376), AB WWTP 1-well 2(GRS ID 6377), AB WWTP 1-well 2R (GRS ID 35064), AB WTP 2- well 3(GRS ID 6374), AB WTP 2-well 5 (GRS ID 6378), Buc WTP 4-well 1 N (GRS ID 6379), Buc WTP 4-well 2S (GRS ID 6380), Buc WTP 3-well 3W (GRS ID 6381), Buc WTP 3-well 5N(GRS ID 6383) and Buc WTP 3- well 6S (GRS ID 6384) as listed on the application, must be recorded continuously, totaled monthly, and reported to the District at least every six months from the initiation of the monitoring using Form EN-50. The reporting dates each year will be as follows for the duration of the permit: Reporting Period Report Due Date: January -June Report Period: Due July 31 July -December Report Period: Due January 31 9. The Permittee must maintain all flow meters and alternative methods for measuring flow. In case of failure or breakdown of any meter, the District must be notified in writing within 5 days of its discovery. A defective meter must be repaired or replaced within 30 days of its discovery. 10. The Permittee must have all flow meters checked for accuracy at least once every 3 years within 30 days of the anniversary date of permit issuance, and recalibrated if the difference between the actual flow and the meter reading is greater than 5% or if the difference between the actual flow and the alternative method measurement is greater than 10%. District Form EN-51 must be submitted to the District within 10 days of the inspection/calibration. 11. The Permittee must implement the Water Conservation Plan (Household and Irrigation) as described and submitted to the District on October 27, 2007, and in subsequent RAI responses, dated March 14 and December 23, 2008. 12. Annually, for the permit duration, the permittee must continue to financially participate in The District's Water Conservation Awareness Campaign. Permittee shall submit all proposed alternative water conservation measures to the District and obtain written District approval prior to terminating participation in the Water Conservation Awareness Campaign. 13. The Permittee must complete and submit a water utility audit annually, for the permit duration, using the District's current water audit form set forth in the Applicant's Handbook, Consumptive Uses of Water, March 8, 2009. The first audit must be for the year 2010. The annual water audits must span a 12-month period from January 1st AGENDA ITEM # 8A JULY 26, 2010 through December 31st and must be submitted to the District by February 15th of each year following the previously audited period. If unaccounted for water losses exceed 10%, the permittee must perform the following: a. a leak detection/leak identification program must be initiated within 30-days of the 10% exceedance, in order to determine the source of the water losses. A detailed schedule for leak repair must be submitted to the District within 30-days of audit completion; b. A meter survey must be initiated to identify unaccounted for use due to meter inaccuracy. A proposal to replace/repair inaccurate meters must be submitted to the District within 30 days of audit completion; c. Initiate an evaluation to identify unmonitored water use and get such uses metered. 14. If, at any time within permit duration, it becomes practical, economically feasible and permissible under applicable state and federal statutes or regulations promulgated thereunder, the District may require the Permittee to become a reclaimed water purveyor or increase the availability of reclaimed water for use at a permissible application site. 15. The use of master meters to supply potable water to any multi-family or multi-unit structure (excluding hospitals and hotels) constructed or remodeled after the date of permit issuance is prohibited. All individual service connections must be metered. 16. The irrigation controller(s) on all irrigation systems owned or operated by the permittee must be equipped with a rain sensor(s) and/or soil moisture monitoring devices. The rain sensor (s) and/or controller(s) must be maintained and operational, pursuant to the manufacturer's specifications for permit duration. 17. District authorized staff, upon proper identification, will have permission to enter, inspect, and observe permitted and related facilities in order to determine compliance with the approved plans, specifications, and conditions of this permit. 18. Nothing in this permit should be construed to limit the authority of the St. Johns River Water Management District to declare a water shortage and issue orders pursuant to Section 373.175, Florida Statutes, or to formulate a plan for implementation during periods of water shortage, pursuant to Section 373.246, Florida Statutes. In the event a water shortage is declared by the District Governing Board, the permittee must adhere to the water shortage restrictions as specified by the District, even though the specified water shortage restrictions may be inconsistent with the terms and conditions of this permit. 19. Prior to the construction, modification, or abandonment of a well, the permittee must obtain a Water Well Construction Permit from the St. Johns River Water Management District, or the appropriate local government pursuant to Chapter 40C-3, Florida Administrative Code. Construction, modification, or abandonment of a well will require modification of the consumptive use permit when such construction, modification, or abandonment is other than that specified and described on the consumptive use permit application form. 20. Leaking or inoperative well casings, valves, or controls must be repaired or replaced as required to eliminate the leak or make the system fully operational. 21. Legal uses of water existing at the time of permit application may not be significantly adversely impacted by the consumptive use. If unanticipated significant adverse impacts occur, the District shall revoke the permit in whole or in part to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee. 22. Off-site land uses existing at the time of permit application may not be significantly adversely impacted as a result of the consumptive use. If unanticipated significant AGENDA ITEM # 8A JULY 26, 2010 adverse impacts occur, the District shall revoke the permit in whole or in part to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee 23. The District must be notified, in writing, within 30 days of any sale, conveyance, or other transfer of a well or facility from which the permitted consumptive use is made or with in 30 days of any transfer of ownership or control of the real property at which the permitted consumptive use is located. All transfers of ownership or transfers of permits are subject to the provisions of section 40C-1.612 24. A District issued identification tag shall be prominently displayed at each withdrawal site by permanently affixing such tag to the pump, headgate, valve, or other withdrawal facility as provided by Section 40C-2.401, Florida Administrative Code. Permittee shall notify the District in the event that a replacement tag is needed 25. The permittee's use of water as authorized by this permit shall not cause an interference with an existing legal use of water as defined in District rules. If interference occurs, the District may revoke the permit in whole or in part to abate the adverse impact unless otherwise mitigated by the permittee. In those cases where other permit holders are identified by the District as also contributing to the interference, the permittee may choose to mitigate in a cooperative effort with these other permittees. The permittee shall submit a mitigation plan to the District, and obtain District approval, prior to implementing any mitigation. 26. If the District determines that unacceptable saline water intrusion is occurring as a result of the withdrawals authorized by this permit, the District shall revoke the permit in whole or in part to curtail or abate the saline water intrusion. 27. At least 30 days prior to the construction of Upper Floridan aquifer well "AB WWTP Well 2R (District ID 35064)", the Permittee must have submitted to the District for review and approval a well construction and aquifer testing program to include the following: Detailed site map (including road features) of proposed production well location. Latitude/Longitude of proposed well(s) locations. Detailed well construction specifications and drawings. Geophysical Logging Program to be conducted upon completion of well and include the following: Gamma, Caliper, Electric (sp and electrical resistivity), Fluid Resistivity, e) Temperature, Flow and Video) in a District approved electronic and digital format (LAS). Downhole water quality testing program to include field-testing at 20 foot intervals upon penetration of the top of the upper Floridan aquifer for specific conductivity, chlorides, temperature and pH. Composite water quality sample collection and data analysis for major anions-cations upon completion of the well. Proposed Step Drawdown Test to be conducted in accordance with the Aquifer Testing Guidelines outlined in Appendix "F" of the Consumptive Use Permit, Applicant's Handbook (March 8, 2009). AGENDA ITEM # 8A JULY 26, 2010 Proposed Specific Capacity Testing program and approach to be used to determine transmissivity of upper Floridan aquifer. 28. Within 90 days of completion of Well 2R and subsequent completion of Aquifer Testing Program, the permittee must submit the results of the: Downhole geophysical logging (LAS format only) Downhole water quality sampling results collected during well construction. Aquifer transmissivity value and support documentation from Specific Capacity Test The permittee must collect and have analyzed a water sample from Floridan aquifer AB WWTP-1 Well 2R (SJRWMD ID 35064) upon completion of the well. The sample must be analyzed for the following: Field Field temperature (°C) (~lmhos/cm) Field pH Laboratory Bicarbonate alkalinity (as mg/L CaCO3) Carbonate alkalinity (as mg/L CaCO3) Lab pH Calcium (mg/L) Chloride (mg/L) Magnesium (mg/L) Potassium (mg/L) & nbsp; Field specific conductance Field turbidity (NTU) Sodium (mg/L) Sulfate (mg/L) Strontium (mg/L) Specific Conductance (Nmhos/cm) Total Iron (mg/L) Total Dissolved Solids (mg/L) Sample Collection Samples must be collected in accordance with the Florida Department of Environmental Protection's (FDEP) standard operating procedures (SOP), DEP-SOP-001/01, DEP Quality Assurance Rule, 62-160, F.A.C. Prior to sample collection a minimum of 3-5 casing volumes must be removed from each well. The well must be purged in accordance with DEP-SOP-001/01 and well purging must be documented using the Groundwater Sampling Log form found in the referenced FDEP SOP. Samples must be stored on ice immediately after collection, and remain on ice until received by the laboratory. It is recommended that sample duplicates be taken to allow for laboratory errors or data loss and these samples be stored by the laboratory for a minimum of 60 days to ensure backup sample availability should re-analyses be required. Quality Assurance The permittee must provide documentation that field instruments were properly calibrated prior to obtaining field measurements. All water quality analyses must be performed by a laboratory certified by the Florida Department of Health (FDOH) and the National Environmental Laboratory Accreditation Conference (NELAC). All laboratory analyses must be by methods for which the laboratory has FDOH certification. All laboratory analyses must be completed within EPA holding times. If the data is lost or a laboratory error occurs and the EPA holding time for the analysis has expired, the Permittee must resample the well within 15 days of notification from the laboratory that a loss or laboratory error has occurred. AGENDA ITEM # 8A JULY 26, 2010 With the exception of pH, laboratory analyses utilizing selective ion electrodes are not acceptable due to the inadequate sensitivity of these methods. Analyses utilizing test kits typically used for field screening (e.g., Hach and LaMotte) are also not acceptable for the same reason. All major ion analyses must be checked for anion-cation balance and should balance (equivalent concentrations as meq/L) within 5%. If the anion-cation balance does not balance within 5%, the permittee must review the data and include in the report submitted to the District a discussion of the cause or explanation of the imbalance. If the anion-cation balance does not balance with 5%, the permittee may be required to re- analyze the sample if it is within acceptable holding times, or resample the well and reanalyze the sample. Reports A report must be submitted to the District within 30 days of receipt of data analysis from the laboratory to include: Well sampling log Field instrumentation calibration verification Chain of custody forms Laboratory analytical r eport in approved format All data must be submitted to the District using the District's Water Quality Compliance Submittal Template and must be consistent with FDOH and NELAC laboratory reporting requirements. 29. The permittee must collect and have analyzed a water sample from Floridan aquifer Wells AB WTP 1-well 1(GRS ID 6376), AB WWTP 1-well 2(GRS ID 6377), AB WWTP 1-well 2R (GRS ID 35064), AB WTP 2-well 3(GRS ID 6374), AB WTP 2-well 5 (GRS ID 6378), Buc WTP 4-well 1 N (GRS ID 6379), Buc WTP 4-well 2S (GRS ID 6380), Buc WTP 3-well 3W (GRS ID 6381), Buc WTP 3-well 4E (GRS ID 6382), Buc WTP S- well 5N (GRS ID 6383) and Buc WTP 3- well 6S (GRS ID 6384) in May and November of each year for the permit duration. Each sample must be analyzed for the following: Field Field temperature (°C) (tamhos/cm) Field pH Field specific conductance Field turbidity (NTU) Laboratory Bicarbonate alkalinity (as mg/L CaCO3) Carbonate alkalinity (as mg/L CaCO3) Lab pH Calcium (mg/L) Chloride (mg/L) Magnesium (mg/L) & nbsp; Potassium (mg/L) Sodium (mg/L) Sulfate (mg/L) Specific Conductance (tamhos/cm) Total Iron (mg/L) Total Dissolved Solids (mg/L) Sample Collection Samples must be collected in accordance with the Florida Department of Environmental Protection's (FDEP) standard operating procedures (SOP), DEP-SOP-001/01, DEP Quality Assurance Rule, 62-160, F.A.C. Prior to sample collection a minimum of 3-5 casing volumes must be removed from each well. The well must be purged in accordance with DEP-SOP-001/01 and well purging must be documented using the Groundwater Sampling Log form found in the referenced FDEP SOP. Samples must be stored on ice immediately after collection, and remain on ice until received by the laboratory. It is recommended that sample duplicates be taken AGENDA ITEM # 8A JULY 26, 2010 to allow for laboratory errors or data loss and these samples be stored by the laboratory for a minimum of 60 days to ensure backup sample availability should re-analyses be required. Quality Assurance The permittee must provide documentation that field instruments were properly calibrated prior to obtaining field measurements. All water quality analyses must be performed by a laboratory certified by the Florida Department of Health (FDOH) and the National Environmental Laboratory Accreditation Conference (NELAC). All laboratory analyses must be by methods for which the laboratory has FDOH certification. All laboratory analyses must be completed within EPA holding times. If the data is lost or a laboratory error occurs and the EPA holding time for the analysis has expired, the Permittee must resample the well within 15 days of notification from the laboratory that a loss or laboratory error has occurred. With the exception of pH, laboratory analyses utilizing selective ion electrodes are not acceptable due to the inadequate sensitivity of these methods. Analyses utilizing test kits typically used for field screening (e.g., Hach and LaMotte) are also not acceptable for the same reason. All major ion analyses must be checked for anion-cation balance and must balance (equivalent concentrations as meq/L) within 5%. If the anion-cation balance does not balance within 5%, the permittee must review the data and include in the report submitted to the District a discussion of the cause or explanation of the imbalance. If the anion-cation balance does not balance with 5%, the permittee may be required to re- analyze the sample if it is within acceptable holding times, or resample the well and reanalyze the sample. Reports A report must be submitted to the District within 30 days of receipt of data analysis from the laboratory to include: o Well sampling log o Field instrumentation calibration verification o Chain of custody forms o Laboratory analytical report in approved format All data must be submitted to the District using the District's Water Quality Compliance Submittal Templates (available at the District's website or via email) and must be consistent with FDOH and NELAC laboratory reporting requirements. 30. The permittee shall review its water utility customer accounts for customers that use more than 100,000 gallons per day, annual average for each calendar year of this permit. No later than March 31St of each year, the permittee shall submit a report to the District that lists any customer accounts that used more than 100,000 gallons per day, annual average, in the preceding calendar year. 31. Within 90 days of permit issuance, the permittee shall adopt and implement the District's Landscape Irrigation Rule found in Rule 40C-2.042(2)(a), Florida Administrative Code, in accordance with the permittee's letter to the District dated April 29, 2010 (received May 3, 2010). 32. The permittee shall evaluate the feasibility of requiring new development to install and maintain dual water distribution piping as a condition of new development AGENDA ITEM # 8A JULY 26, 2010 agreements, City Reuse Ordinance or development orders. The permittee shall provide an annual report of its compliance with this condition no later than January 31st of each year this permit is in effect. The annual report shall provide copies of all new development agreements or development orders and reclaimed water agreements issued in the preceding calendar year, and it shall document the construction of dual water distribution piping installed in the preceding calendar year. 33. On or before December 31, 2010, the permittee shall adopt a "Florida Friendly" landscape ordinance to comply with Section 373.228(5), Florida Statutes (2009), by including provisions dealing with plant selection, turf areas and efficient irrigation as described Sections D, E and F of the Florida Friendly Landscape Model Ordinance dated January 2009 and developed by the Florida Department of Environmental Protection. 34. The permittee shall adopt a Reuse ordinance no later than 90 days from the initiation of design of any wastewater treatment plant upgrades to facilitate reuse to any potential reclaimed water customers. 35. The permittee shall submit to the District, a compliance report, pursuant to subsection 373.219, F.S., 5 years after permit issuance. Specifically, the permittee shall submit the report by September 30 of year 2014.The report must, at a minimum, include all the information required by the District's "Individual and Standard General Consumptive Use Permit Application Form Number 40C-2.1082-1" in existence at the time the permit was issued. Additionally, the report must contain sufficient information to maintain reasonable assurances that the permittee's use of water will continue, for the remaining duration of the permit, to meet the conditions for permit issuance set forth in the District rules that existed at the time this permit was issued: a) information documenting that allocations from all sources in the permit will continue to be needed for the remainder of the permit duration; b) documentation verifying that the sources are capable of supplying the needs authorized by this permit without causing harm to water and water-related resources; c) documentation verifying that use of water is efficient and that the permittee is implementing all feasible water conservation measures; d) an updated analysis demonstrating that the use of groundwater for public supply does not interfere with legal uses existing at the time of permit issuance, and does not cause unacceptable. adverse impacts to wetlands and surface waters; e) information demonstrating that the lowest quality source of water, including reclaimed water, is being used to meet water demands unless the permittee demonstrates that such use is not feasible pursuant to District rules; and f) demonstration that the permittee's projected demands will not contribute to unacceptable impacts to spring flows, minimum flows and levels and vegetative impacts. 36. In the event that the development of the proposed residential community located adjacent to and south of Selva Marina Country Club occurs, the permittee must make reclaimed water available to this development for residential and landscape irrigation, unless the permittee can demonstrate to the District and the District determines that it is not environmentally, technologically and economically feasible. 37. All irrigation shall be in conformity with the requirements set forth in subsection 40C- 2.042(2), F.A.C. AGENDA ITEM # 8A JULY 26, 2010 38. The permittee must implement the Water Conservation Plan received by the District on October 22, 2007 and in subsequent submittals and maintain these practices for the duration of this permit in accordance with the schedules contained therein.