40C-21.631. Phase II Severe Water Shortage

A Phase II Severe Water Shortage is a Water Shortage where all Drought Indicators are moderate, or one Drought Indicator has a severe value. In addition to the measures in Water Shortage Phase I, the following restrictions shall apply when a Phase II Water Sshortage is declared by the District, unless otherwise provided in the implementing order.

(1) Essential Uses.

(a) The use of water for maintenance of fire fighting facilities and emergency equipment is allowed as needed. This maintenance specifically includes the washing of fire engines, law enforcement vehicles, and other emergency Mobile Equipment.

(b) Each fire fighting agency and each local government shall direct its fire department to review and revise, as necessary, its inventory for primary and back-up water sources.

(2) Public Supply Uses. All Public Supply water consumptive use permittees should institute or accelerate system-level water conservation measures which can help manage demand during a Water Shortage declaration.

(3) Commercial/Industrial/Institutional Uses. The following restrictions and other measures shall apply to all commercial, industrial, and institutional activities, as appropriate. Whether or not a commercial, industrial, or institutional water use activity with associated Landscape Irrigation is authorized by a Consumptive Use Permit, the Landscape Irrigation is separately regulated for the purpose of this chapter and is subject to the Landscape Irrigation restrictions and other measures of the applicable Water Shortage declaration. Paragraph 40C-21.631(5)(a), F.A.C., contains the Landscape Irrigation restrictions and other measures for a Phase II declaration.

(a) All Commercial/Industrial/Institutional water use should be voluntarily reduced.

(b) For all Commercial/Industrial/Institutional water use, the following demand management measures should be implemented as applicable:

1. Reduce off-site discharge to the extent economically, environmentally, and technically feasible.

2. Recycle water to the extent economically, environmentally, and technically feasible.

3. Reduce clean-up requiring water use to the minimum required to protect efficiency of the operation and prevent damage to equipment.

4. Reduce the washing of vehicles and other Mobile Equipment except for health and safety needs or as otherwise required by published industry standards.

5. Maximize the use of the least restricted Source Class to which there is access.

6. Power generation utilities should encourage their customers to voluntarily reduce power consumption as a means to reduce water consumption.

(4) Agriculture Uses. The following water restrictions and other measures shall apply to all agricultural activities, as appropriate. Whether or not an agricultural use activity with associated Landscape Use is authorized by a Consumptive Use Permit, the Landscape Use is separately regulated for the purpose of this chapter and is subject to the Landscape Use restrictions and other measures of the applicable Water Shortage declaration. Paragraph 40C-21.631(5)(d), F.A.C., contains the Landscape Use restrictions and other measures for a Phase II declaration. The following demand management measures should be implemented, as applicable:

(a) Reduce off-site discharge to the extent economically, environmentally, and technically feasible. For example, agricultural irrigation involving the use of seepage systems shall be operated in a manner that will eliminate surface runoff and loss of water through lateral seepage to open ditches.

(b) Recycle water to the extent economically, environmentally, and technically feasible.

(c) Reduce clean-up requiring water use to the minimum required to protect efficiency of the operation and prevent damage to equipment.

(d) Reduce the washing of vehicles and other Mobile Equipment, except for health or safety needs, such as to prevent the spread of plant or animal diseases.

(e) Maximize the use of the lesser or least restricted Source Class to which there is access.

(5) Landscape/Recreation/Aesthetic Uses.

(a) All Landscape Irrigation should be voluntarily reduced and each property owner or manager should prepare for possible worsening conditions.

(b) Golf Courses. The following water use measures shall apply to all Golf Courses:

1. All Golf Course Water use should be voluntarily reduced.

2. The following demand management measures should be implemented, as applicable:

a. Reduce off-site discharge to the extent economically, environmentally, and technically feasible.

b. Recycle water to the extent economically, environmentally, and technically feasible.

c. Reduce clean-up requiring water use to the minimum required to protect efficiency of the operation and prevent damage to equipment.

d. Reduce the washing of vehicles and other Mobile Equipment, except for health or safety needs, such as cleaning the blades on commercial lawn mowers to prevent the spread of turfgrass diseases between properties.

e. Maximize the use of the least restricted Source Class to which there is access.

f. Supplemental irrigation is prohibited between the hours of 8:00 a.m. and 6:00 p.m. for properties less than two acres in size and between the hours of 10:00 a.m. and 4:00 p.m. for properties two acres or larger.

(c) Recreational Areas. The following water use measures shall apply to all recreational areas, other than golf courses, such as playgrounds, football, baseball and soccer fields.

1. All Recreational Area water use should be voluntarily reduced.

2. The following demand management measures shall be implemented as applicable:

a. Reduce off-site discharge to the extent economically, environmentally, and technically feasible.

b. Recycle water on-site to the extent economically, environmentally, and technically feasible.

c. Reduce clean-up requiring water use to the minimum required to protect efficiency of the operation or prevent damage to equipment.

d. Reduce the washing of vehicles and other Mobile Equipment, except for health or safety needs, such as to prevent the spread of turfgrass disease.

e. Maximize the use of the least restricted Source Class to which there is access.

f. Supplemental irrigation is prohibited between the hours 8:00 a.m. and 6:00 p.m. for properties less than two acres in size and between the hours of 10:00 a.m. and 4:00 p.m. for properties two acres or larger.

3. Applications of fertilizers, herbicides and pesticides should be coordinated with irrigation schedules.

(d) Landscape Uses. The following restrictions and other measures shall apply to all Landscape Uses, as applicable:

1. All Landscape Use should be voluntarily reduced.

2. All of the following demand management measures shall be implemented, as applicable:

a. Reduce off-site discharge to the extent economically, environmentally, and technically feasible.

b. Recycle water to the extent economically, environmentally, and technically feasible.

c. Maximize the use of the least restricted Source Class to which there is access.

(e) Water-Based Recreation.

1. All pools shall be maintained in a manner that minimizes the need for make-up water. Examples of such actions include, but are not limited to the prompt repair of leaks, optimum scheduling of backwash filtration, and the use of shade or covers to reduce evaporation.

2. Commercial and institutional uses of water for recreational purposes shall comply with subsection 40C-21.631(3), F.A.C.

(f) Aesthetic Uses.

1. Outside Aesthetic Use of water is prohibited.

2. Inside Aesthetic Use of water should be voluntarily reduced.

(7) Other Uses.

(a) Except as provided below, all Other Uses of water should be voluntarily reduced and the following demand management measures shall be implemented, as applicable:

1. Reduce off-site discharge to the extent economically, environmentally, and technically feasible.

2. Recycle water to the extent economically, environmentally, and technically feasible.

3. Maximize the use of the least restricted Source Class to which there is access.

(b) Washing or cleaning of buildings, structures and outdoor impervious surfaces:

1. Pressure Washing of buildings or other structures in preparation for painting, sealing, or as a construction practice is allowed.

2. Pressure Washing driveways, sidewalks and other impervious surfaces is allowed for necessary maintenance, such as to either maintain a warranty or remove mold, mildew and other potentially hazardous materials that cannot be removed by mechanical means (such as a broom or leaf blower), and as a construction practice (such as cleaning a concrete surface prior to painting or sealing). Compliance with homeowner association or other aesthetic standards does not constitute necessary maintenance.

(c) Mobile Equipment Washing.

1. Commercial car washes, hand-detailing operations, and similar establishments shall comply with subsection 40C-21.631(3), F.A.C.

2. Washing of fire trucks and other emergency vehicles, including ambulances and law enforcement vehicles, is only allowed in accordance with paragraph 40C-21.631(1)(a), F.A.C.

3. Rinsing boats and flushing boat engines is only allowed after each use to remove salt water or to prevent the transportation of exotic plant or animal material.

4. Cleaning agricultural vehicles is only allowed in accordance with BMPs for canker and other disease abatement procedures, animal husbandry practices and other associated activities to protect animal or human health or safety, such as to prevent the spread of plant or animal diseases. Examples of such BMPs are published by the University of Florida’s Institute of Food and Agricultural Sciences and the United States Department of Agriculture.

(d) No person or entity, for example, a homeowners association or property manager, shall enforce any deed restrictions or other community standards that would cause a violation of a Water Shortage order or Water Shortage Emergency Order.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 1-1-84, Amended 8-23-18.