The purpose of the proposed rule is to amend the General Permit by Rule set forth in Rule 40C-2.042, F.A.C., that regulates small irrigation uses below the consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C. Amendments include: expanding ...  

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    WATER MANAGEMENT DISTRICTS
    St. Johns River Water Management District

    RULE NO: RULE TITLE
    40C-2.042: General Permit by Rule
    40C-2.101: Publications Incorporated by Reference
    40C-2.900: Forms and Instructions
    PURPOSE AND EFFECT: The purpose of the proposed rule is to amend the General Permit by Rule set forth in Rule 40C-2.042, F.A.C., that regulates small irrigation uses below the consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C. Amendments include: expanding the applicability of the rule to all sources of water; limiting the amount of water used for irrigation to only that necessary for efficient utilization, revising the applicability of subsection 40C-2.042(1), F.A.C., to include cemeteries, providing that irrigation using a micro-spray, micro-jet, or drip irrigation system is allowed anytime; providing that irrigation of newly planted, seeded or sprigged cemeteries, golf course greens, tees, fairways and primary rough, and recreational areas such as playgrounds, football, baseball and soccer fields is allowed at any time of the day for one 60-day period; limiting the amount of water that can be used for the watering-in of chemicals; increasing the amount of time that irrigation systems can be operated for maintenance and repair purposes; excluding agricultural crops, nursery plants, and cemeteries from the definition of landscape irrigation; limiting landscape irrigation to no more than 2 specific days per week for residential properties (depending on address) and to no more than 2 specific days per week for non-residential properties, when Daylight Savings Time is in effect, and to no more than 1 specific day per week for residential properties (depending on address) and to no more than 1 specific day per week for non-residential properties, when Eastern Standard Time is in effect; defining the terms “residential landscape irrigation” and “non-residential landscape irrigation”; establishing limits on the amount of water than can be applied on the specific irrigation days; deleting the exceptions for the use of reclaimed water and for the use of recycled water from wet detention treatment ponds; providing that landscape irrigation with reclaimed water can occur on additional days under certain specified conditions; providing that the use of private irrigation wells for landscape irrigation is not authorized when reclaimed water is available; providing when reclaimed water is deemed “available”; revising Form 40C-2-1082-2; and revising the Applicant’s Handbook: Consumptive Uses of Water, to reflect these changes. These amendments are proposed to be effective March 8, 2009.
    SUMMARY: Amendments to General Permit by Rule in Rule 40C-2.042, F.A.C., and related Applicant’s Handbook: Consumptive Uses of Water, provisions regarding irrigation regulation.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
    LAW IMPLEMENTED: 373.118, 373.219, 373.223, 373.250, 373.609 FS.
    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: Following the regularly scheduled Governing Board Meeting on December 9, 2008, which begins at 1:00 p.m.
    PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Sandy Bertram, Asst. District Clerk, (386)329-4159. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Norma Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4459, email nmesser@sjrwmd.com

    THE FULL TEXT OF THE PROPOSED RULE IS:

    40C-2.042 General Permit by Rule.

    A general consumptive use permit by rule is hereby established for consumptive uses of water listed below that do not meet or exceed any permitting threshold under subsection 40C-2.041(1), F.A.C., except as provided in subsection 40C-2.042(8), F.A.C. However, this rule section shall not apply to domestic uses of water by individuals, i.e., water used for the household purposes of drinking, bathing, cooking or sanitation. Persons using or proposing to use water in a manner not authorized under this rule section, must obtain a permit pursuant to Chapter 40C-2, 40C-20, or 40C-22, F.A.C.

    (1) The Board hereby grants a general permit to each person located within the District to use, withdraw or divert water from any source to irrigate agricultural crops, nursery plants, cemeteries, golf courses, and recreational areas such as playgrounds, football, baseball, and soccer fields, provided the irrigation does not occur between the hours of 10:00 a.m. and 4:00 p.m. daily, and provided the amount of water used is limited to only that necessary for efficient utilization. Such water use shall be subject to the following exceptions:

    (a) Irrigation using a micro-spray, micro-jet, or drip irrigation micro-irrigation system is allowed anytime.

    (b) The use of water for irrigation from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented by water from another source during peak demand periods.

    (c) The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.

    (b)(d) Irrigation is allowed at any time of day for one 30-day period following planting of agricultural crops or nursery stock, provided irrigation is limited to the minimum amount necessary for crop or plant establishment. Irrigation of newly planted, seeded or sprigged cemeteries, golf course greens, tees, fairways and primary roughs, and recreational areas such as playgrounds, football, baseball and soccer fields recreational areas and newly seeded or sprigged golf course areas is allowed at any time of day for one 60-day period.

    (e) Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours.

    (c)(f) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices, is allowed anytime of day within 24 hours of application. Watering in of chemicals shall not exceed 1/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

    (d)(g) Irrigation systems may be operated anytime of day for maintenance and repair purposes not to exceed 20 ten minutes per hour per irrigation zone.

    (h) through (j) renumbered (e) through (g) No change.

    (h)(k) The use of water to protect agricultural crops, nursery plants and golf course turf from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per irrigation zone or one twenty minute period per day, whichever is applicable.

    (l) through (n) renumbered (i) through (k) No change.

    (2)(a) The Board hereby grants a general permit to each person located within the District to use, withdraw or divert water from any source for landscape irrigation, provided landscape irrigation occurs in accordance with the provisions of subsection 40C-2.042(2), F.A.C., and provided the amount of water used is limited to only that necessary for efficient utilization provided the irrigation does not occur more than two days per week and does not occur between the hours of 10:00 a.m. and 4:00 p.m. daily. An irrigator may select the two irrigation days unless a local government adopts an ordinance identifying the specific two days irrigation is allowed pursuant to paragraph(b). A contiguous property may be divided into different zones and each zone may be irrigated on different days than other zones of the property unless a local government adopts an ordinance identifying the specific two days irrigation is allowed pursuant to paragraph (b). However, no single zone may be irrigated more than 2 days a week. Additionally, any person who irrigates landscape with an automatic lawn sprinkler system installed after May, 1991, shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred. For the purpose of this rule, “landscape irrigation” means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, cemeteries, public, commercial, and industrial establishments, and public medians and rights-of-way, but it. For the purpose of this rule, “landscape irrigation” does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational areas such as but not limited to, playgrounds, football, baseball and soccer fields. For the purpose of this rule, the terms “residential landscape irrigation” and “non-residential landscape irrigation” are defined in this paragraph (a) as follows. “Residential landscape irrigation” means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. “Non-residential landscape irrigation” means the irrigation of landscape not included within the definition of “residential landscape irrigation,” such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. For the purpose of this rule, “address” means the “house number” of a physical location of a specific property. This excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Services to determine a delivery location, the lot number shall be the property’s address. An “even numbered address” means an address ending in the numbers 0, 2, 4, 6, 8 or letters A-M. An “odd numbered address” means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z. Landscape irrigation shall be subject to the following exceptions:

    1. When Daylight Savings Time is in effect, from the second Sunday in March through the first Sunday in November, landscape irrigation shall occur in accordance with the following irrigation schedule:

    a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

    b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

    c. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

    d. No more than 3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

    2. When Eastern Standard Time is in effect, from the first Sunday in November to the second Sunday in March, landscape irrigation shall occur only in accordance with the following irrigation schedule:

    a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

    b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

    c. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

    d. No more than 3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

    3. Landscape irrigation shall be subject to the following exceptions:

    a.1. Irrigation using a micro-spray, micro-jet or drip irrigation micro-irrigation system is allowed at any time of day on any day anytime.

    b.2. No change.

    c.3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day anytime within 24 hours of application. Watering in of chemicals shall not exceed 1/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

    d.4. Irrigation systems may be operated at any time of day on any day anytime for maintenance and repair purposes not to exceed 20 ten minutes per hour per irrigation zone.

    e.5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day anytime.

    f.6. No change.

    4. Although the use of reclaimed water for landscape irrigation is subject to the irrigation schedules set forth in subparagraphs 40C-2.042(2)(a)1. and 2., F.A.C., in those limited conditions described in this subparagraph 4., a person is authorized to irrigate landscape with reclaimed water on more than the 2 days specified in the schedule for Daylight Savings Time and on more than the 1 day specified in the schedule for Eastern Standard Time. This additional authorization is provided under certain conditions because some reclaimed water providers cannot feasibly operate their wastewater disposal systems currently unless they provide reclaimed water to their customers for use on a more continuous basis than what would occur under the day limitations in these irrigation schedules. Those persons who receive written notification from their reclaimed water provider that this condition exists are authorized to irrigate landscape with reclaimed water on those additional days specified in the notification. The additional authorization shall cease upon written notification that this condition no longer exists. During the period in which additional days of irrigation are authorized, the irrigation prohibition between 10:00 a.m. and 4:00 p.m., the irrigation volume limitation, and the 1 hour per zone limitation in the irrigation schedules shall continue to apply.

    6. When reclaimed water is available, the use of a private irrigation well for landscape irrigation is not authorized under subsection 40C-2.042(2), F.A.C. Reclaimed water is deemed available when reclaimed water is provided by a utility through a service connection at the property boundary or on the property.

    7. Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1991, shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods.

    8. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.

    (b)1. A local government is strongly encouraged to enforce paragraph 40C-2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation an ordinance that incorporates each of the incorporates these provisions set forth in paragraph 40C-2.042(2)(a), F.A.C. If the local government chooses to identify specific days on which landscape irrigation will occur, then the schedule within the ordinance shall be:

    a. Landscape irrigation at odd numbered addresses must only occur on Wednesday and Saturday; and

    b. Landscape irrigation at even numbered addresses or no address must only occur on Thursday and Sunday.

    c. Non-residential landscape irrigation may be designated on two alternative days other than those combinations in subparagraphs a. or b. above to address utility system-related demands.

    2. For the purpose of this rule, “address” means the “house number” of a physical location of a specific property. This includes “rural route” numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property’s address. An “even numbered address” means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. An “odd numbered address” means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.

    3. Local governments within a jurisdiction divided between the St. Johns River Water Management District and another water management district may propose an alternative schedule from (b) above, when necessary for the local government to achieve a uniform schedule within its jurisdiction. The local government shall submit its proposed alternative schedule for this District’s review and approval prior to introducing the ordinance for adoption.

    2.4. Where a local government has adopted a landscape irrigation ordinance, iIf the strict application of the specified day of week uniformly required schedule for specified “day of week” limitations would lead to unreasonable or unfair results in particular instances, the local government may grant a variance from the specific day or days for landscape irrigation identified in subparagraphs 40C-2.042(2)(a)(b)1. and 2., F.A.C., provided that the applicant demonstrates with particularity that compliance with the schedule of days for landscape irrigation will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days than other zones of the property. However, no single zone may be irrigated more than 2 days per week when Daylight Savings Time is in effect and no more than 1 day per week when Eastern Standard Time is in effect. Local governments shall not grant a variance from any other provision of this rule.

    3.5. At least thirty (30) days prior to the adoption of an ordinance to enforce paragraph 40C-2.042(2)(a), F.A.C., the local government shall provide a copy of the proposed ordinance to the District.

    (c)(d) A person proposing to use water for landscape irrigation where factors establish the need for irrigation to occur in a manner other than that authorized in subsection 40C-2.042(2), F.A.C., on three days per week may submit an application for a Standard General Consumptive Use Permit using form 40C-2-1082-2,  for Landscape Irrigation Three Days Per Week pursuant to Chapter 40C-20, F.A.C.  This permit application is limited to including no more than twenty-five (25) nearby properties within a common plan of development.  If a development consists of more than one phase or section, the twenty-five (25) properties must be located within a single phase or section.

    (c) All variances for landscape irrigation from Water Shortage Order F.O.R. 2000-62 that have not expired as of the effective date of this rule shall be automatically extended for a 2-year time period in accordance with the terms and conditions of the variance.  No other changes to the terms and conditions of the variances shall be allowed. Landscape irrigation activities not authorized pursuant to a variance extension or elsewhere in this rule will require a standard general permit.

    (3) through (7) No change.

    (8) The Board hereby grants a general permit to each person located within the District to withdraw groundwater from a well solely to irrigate a total of one acre or less of landscape on contiguous property, provided the withdrawal does not meet or exceed any thresholds of paragraphs 40C-2.041(1)(a)-(c), F.A.C.  This permit is subject to all the provisions requirements in paragraph 40C-2.042(2)(a), F.A.C. and the exceptions in subparagraphs (2)(a)1.-8. When reclaimed water is available, the use of a private irrigation well for landscape irrigation is not authorized under this subsection.  Reclaimed water is deemed available when reclaimed water is provided by a utility through a service connection at the property boundary or on the property.

    Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.118, 373.219, 373.223, 373.250, 373.609 FS. History–New 7-23-91. Amended 1-7-99, 2-15-06, 3-8-09.

     

    40C-2.101 Publications Incorporated by Reference.

    (1) The Governing Board hereby adopts by reference Parts I, II and III, the “Water Conservation Public Supply” requirements in Appendix I, and “Legal Description of the Central Florida Coordination Area of the St. Johns River Water Management District” in Appendix L of the document entitled “Applicant’s Handbook, Consumptive Uses of Water”,  3-8-09 8-12-08. The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions which pertain to the District’s administration of the consumptive use permitting program.

    (2) No change.

    Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.073, 373.079, 373.103, 373.109, 373.196, 373.219, 373.223, 373.229, 373.233, 373.236, 373.239, 373.250 FS. History– New 1-1-83. Amended 5-31-84, Formerly 40C-2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06, 2-13-08, 8-12-08, 3-8-09.

     

    40C-2.900 Forms and Instructions

    (1) No change.

    (2) Standard General Consumptive Use Permit for Landscape Irrigation Three Days Per Week, form number 40C-2-1082-2, effective  3-8-09 2-15-06, is hereby incorporated by reference.

    (3) and (4) No change.

    Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.109, 373.116, 373.118, 373.219, 373.229 FS. History–New 5-30-90, Amended 7-21-91, 7-23-91, 1-20-93, 2-15-95, 4-25-96, 10-2-96, 1-7-99, 2-15-06,  3-8-09.

     

    APPLICANT’S HANDBOOK SECTIONS:

    17.0 General Conditions by Type of Use

     

    17.1Public Supply-Type Uses

    The following general conditions are generally applied to permits for public supply-type uses:

    (a) through (d) No change.

    (e) Landscape irrigation shall be in conformity with the requirements set forth in subsection 40C-2.042(2), F.A.C. is prohibited between the hours of 10:00 a.m. and 4:00 p.m., and shall not occur more than two days per week except as follows:

    1.              Irrigation using a micro-irrigation system is allowed anytime.

     

    2.              The use of reclaimed water for irrigation is allowed anytime.

    3.              Irrigation of new landscape is allowed any time of day or any day for the initial 30 days and every other day for the next 30 days for a total of one 60 day period provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.

    4.              Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed anytime within 24 hours of application.

    5.              Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone.

    (f) No change.

    17.2 and 17.3  No change.

    17.4Agricultural Uses

    The following conditions are generally applied to individual permits for agricultural-type uses:

    (a) No change.

    (b) Irrigation of agricultural crops shall be in conformity with the requirements set forth in subsection 40C-2.042(1), F.A.C. is prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as follows:

    1.              Irrigation using a micro-irrigation system is allowed anytime.

    2.              The use of reclaimed water for irrigation is allowed anytime.

    3.              The use of recycled water from wet detention treatment ponds to irrigate agricultural crops is allowed anytime provided the ponds are not augmented from any ground or off-site surface water sources.

    4.              Irrigation is allowed any time of day for one 30 day period following planting of agricultural crops, provided that the irrigation is limited to the minimum amount necessary for crop or plant establishment.

    5.              Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours.

    6.              Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer or best management practices is allowed anytime within 24 hours of application.

    7.              Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone.

    8.              Irrigation of agricultural crops by seepage systems which regulate off-site discharges through the use of water control structures is allowed anytime, provided the discharge does not overtop the control structure by more than one-half inch, the structure is well maintained, and there is no discharge between 1:00 p.m. and 7:00 p.m. unless associated with a storm event.

    9.              The use of water to protect agricultural crops from frost or freeze damage is allowed when freezing temperatures or frost are predicted by an official weather forecasting service.

    10.              The use of water to protect agricultural crops from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per zone or one twenty minute period per day, whichever is applicable.

    11.              Irrigation of agricultural crops by traveling volume guns which require manual repositioning is allowed anytime.

    (c) No change.

    17.5Nursery Use

    The following conditions are generally applied to individual permits for nursery-type uses:

    (a) Irrigation of nursery plants shall be in conformity with the requirements set forth in subsection 40C-2.042(1), F.A.C. is prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as follows:

    1.              Irrigation using a micro-irrigation system is allowed anytime.

    2.              The use of reclaimed water for irrigation is allowed anytime.

    3.              The use of recycled water from wet detention treatment ponds to irrigate nursery plants is allowed anytime provided the ponds are not augmented from any ground or off-site surface water sources.

    4.              Irrigation is allowed any time of day for one 30 day period following planting of nursery stock provided that the irrigation is limited to the minimum amount necessary for plant establishment.

    5.              Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours.

    6.              Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer or best management practices is allowed anytime within 24 hours of application.

    7.              Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone.

    8.              The use of water to protect nursery plants from frost or freeze damage is allowed when freezing temperatures or frost are predicted by an official weather forecasting service.

    9.              The use of water to protect nursery plants from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per zone or one twenty minute period per day.

    (b) No change.

    17.6 No change.

    17.7 Golf Course/Recreation Use

    The following conditions are generally applied to individual permits for golf course-type uses and recreational area-type uses:

    (a) Irrigation of gGolf courses and recreational areas irrigation shall be in conformity with the requirements set forth in subsection 40C-2.042(1), F.A.C. is prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as follows:

    1.              Irrigation using a micro-irrigation system is allowed anytime.

    2.              Facilities using reclaimed water for irrigation may do so anytime.

    3.              The use of recycled water from wet detention treatment ponds to irrigate golf courses and recreational areas is allowed anytime provided the ponds are not augmented from any ground or off-site surface water sources.

    4.              Irrigation of, or in preparation for planting, new golf courses and recreational areas is allowed at any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment. Irrigation of newly seeded or sprigged golf course areas is allowed any time of day for one 60 day period.

    5.              Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours.

    6.              Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer or best management practices is allowed anytime within 24 hours of application.

    7.              Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone.

    8.              The use of water to protect golf course turf from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per zone.

    (b) No change.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Hal Wilkening, Director, Department of Resource Management, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4250
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 14, 2008
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 23, 2008

Document Information

Comments Open:
10/24/2008
Summary:
Amendments to General Permit by Rule in Rule 40C-2.042, F.A.C., and related Applicant’s Handbook: Consumptive Uses of Water, provisions regarding irrigation regulation.
Purpose:
The purpose of the proposed rule is to amend the General Permit by Rule set forth in Rule 40C-2.042, F.A.C., that regulates small irrigation uses below the consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C. Amendments include: expanding the applicability of the rule to all sources of water; limiting the amount of water used for irrigation to only that necessary for efficient utilization, revising the applicability of subsection 40C-2.042(1), F.A.C., to include cemeteries, providing ...
Rulemaking Authority:
373.044, 373.113, 373.118, 373.171 FS.
Law:
373.118, 373.219, 373.223, 373.250, 373.609 FS.
Contact:
Norma Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4459, email nmesser@sjrwmd.com
Related Rules: (3)
40C-2.042. General Permit by Rule
40C-2.101. Publications Incorporated by Reference
40C-2.900. Forms and Instructions