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Florida Administrative Code (Last Updated: April 18, 2024) |
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40. Water Management Districts |
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40C. St. Johns River Water Management District |
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40C-1. Organization And Procedure |
1(1) A water user requesting relief from a water shortage order or water shortage emergency order shall file a petition for variance but must continue to conform to the water use restrictions and other measures in that order until the District grants the variance.
45(2) Criteria for Issuance – No petition for variance will be approved unless the petitioner affirmatively demonstrates that one or more of the following circumstances exists:
71(a) The variance is essential to protect the health or safety of the petitioner or those served by the petitioner; or
92(b) Compliance with the particular order from which a variance is sought will require water use restrictions or measures which, because of their extent or cost, cannot be accomplished within the anticipated duration of the shortage; or
129(c) Compliance with the particular order from which a variance is sought will result in a substantial economic, social, or health burden on the petitioner or those served by the petitioner, significantly greater than the burden on others within the same water use class; or
174(d) Alternative restrictions or measures which achieve the same level of water use reduction as the restrictions or measures from which a variance is sought are available and enforceable.
203(3) Scope – Variances granted will be subject to the following conditions:
215(a) The variance granted will be the minimum necessary to alleviate the circumstance for which the variance was requested under subsection (2);
237(b) All variances will expire upon a declaration by the Governing Board that a water shortage or water shortage emergency no longer exists or if a new water shortage phase or water shortage emergency is declared that removes or substantially changes the water use restriction that triggered petitioner’s need for the variance;
289(c) Variances granted under paragraph (2)(b) shall prescribe a timetable for compliance with the restrictions from which a variance was sought;
310(d) The variance will only apply to District water shortage order or water shortage emergency order requirements.
327(4) Petitions for Variance – The petition shall contain the following:
338(a) The petitioner’s name, mailing address, and street address of the property for which the variance is requested;
356(b) The specific water use restrictions or measures from which the petitioner is requesting relief;
371(c) A statement of the specific facts which demonstrate that the request qualifies for a variance under subsection (2);
390(d) A description of the relief requested;
397(e) The period of time for which the variance is sought, including the reasons and facts supporting the requested time period;
418(f) The damage or harm that may result to the petitioner or those served by the petitioner from compliance with the water use restrictions or measures; and
445(g) Any other information that supports the request.
453(5) Procedures.
455(a) Within seven business days after receipt of a petition for variance, the District shall review the petition for completeness. If the petition is incomplete, the petitioner shall be provided an opportunity to supply additional information needed to complete the petition.
496(b) Upon submittal of a complete petition, if District staff determine that the petition complies with subsections (2) and (4), District staff shall provide a written recommendation to the Executive Director that the variance be granted. The recommendation shall constitute proposed agency action. A copy of the recommendation shall be provided to the petitioner.
550(c) The Executive Director shall review the petition and District staff’s recommendation. Petitions which do not comply with the provisions of subsections (2) and (4) shall be deferred for Governing Board action. Petitions which comply with the provisions of subsections (2) and (4) shall be granted a variance by the Executive Director, subject to the concurrence of the Governing Board.
610(d) The Governing Board shall consider all petitions at its next regularly scheduled meeting that would not require a finding of “for cause” to add the petitions to the agenda. The Governing Board shall review the petitions for compliance with the provisions of subsections (2) and (4) shall grant or deny the deferred petitions, and shall either concur in, reject, or modify those petitions granted by the Executive Director. All Governing Board action shall be by written order and copies shall be furnished to the petitioners. A petitioner whose petition for variance has been granted shall be furnished a notice of variance from water shortage order or water shortage emergency order, which shall be prominently displayed at the petitioner’s place of water use.
733Rulemaking Authority 735373.044, 736373.113 FS. 738Law Implemented 740373.175, 741373.246 FS. 743History–New 1-1-84, Formerly 40C-21.275, Amended 8-4-98, 7-21-19.
