The purpose of the proposed rules is to create a general permit by rule for landscape irrigation use and to allow modification of such a permit that does not allow more cumulative days and time to conduct landscape irrigation than those provided ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-2.051: Exemptions
40E-2.061: No-Notice General Permit by Rule
40E-2.091: Publications Incorporated by Reference
40E-2.331: Modification of Permits
PURPOSE AND EFFECT: The purpose of the proposed rules is to create a general permit by rule for landscape irrigation use and to allow modification of such a permit that does not allow more cumulative days and time to conduct landscape irrigation than those provided under Chapter 40E-24, F.A.C. The proposed rules also amend the water conservation measures in the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to be consistent with the landscape irrigation conservation measures set forth in Chapter 40E-24, F.A.C.
SUMMARY: The proposed rules will: 1)delete the exemption for outdoor use of water at single family dwellings and duplexes; 2) create a general permit by rule for landscape irrigation use; 3) allow modifications for those using or proposing to use water in a manner different from the conditions imposed by Chapter 40E-24, F.A.C.; and 4) amend the water conservation measures in the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to be consistent with the landscape irrigation conservation measures set forth in Chapter 40E-24, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Approximately 2,000,000 individual landscape irrigators, 10,000 landscape water use permittees, and other landscape irrigators are required to comply with the days and hours provisions of the rule. For most users the rule will probably have no discernable economic impact but some will experience circumstances in which they choose to make adjustments. The adjustments may include additional outlays for equipment and service, or dedication of additional time to their landscape or accepting some lessening in the satisfaction with their landscape. Most users are expected to apply less water which will reduce costs. The cost savings are more significant for those who irrigate with utility water but these cost reductions appear as reductions in water sales and revenues to the utilities who will then adjust by raising rates and re-planning plant expansions. Impacts of the rule have been reduced because of actions landscape irrigators have taken in complying with water shortages. Future actions will be influenced by the District’s water conservation program and by irrigation limitations anticipated during future water shortages as well as by this rule. Users of reclaimed water or water blended with reclaimed water are not affected except for restrictions on use during a 6 hour mid day window.
The SFWMD and local governments will incur costs in adopting and enforcing ordinances associated with the rule implementation. Water utilities will have to modify their conservation plans to incorporate the implementation of this rule.
No special provisions are made for small businesses and small governments as the rule is aimed at landscape irrigators down to the individual household level. The rule does not affect the irrigation of agriculture, the growing of nursery plants or the irrigation play-fields such as golf course play areas and athletic fields.
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: 373.042, 373.0421, 373.109, 373.118, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 11, 2008, 9:00 a.m.
PLACE: South Florida Water Management District, B-1 Headquarters Building, Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
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: South Florida Water Management District Clerk, [phone], ext. 2087 or [phone]. 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: Jesus Rodriguez, Lead Water Conservation Officer, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416 4680, telephone [phone], extension 6060 or [phone], email: [e-mail]. For procedural issues contact: Jan Sluth, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, extension 6299, or [phone], email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-2.051 Exemptions.

(1) through (2) No change.

(3) Water used at a single family dwelling or duplex including but not limited to home lawn and ornamental irrigation, car washing, and other incidental uses provided that water is obtained from one withdrawal facility for each single family dwelling or duplex.

Specific Authority 373.044, 373.113, 373.171, FS. Law Implemented 373.219 FS. History–New 9-3-81, Formerly 16K-2.025, Amended 2-24-85, 4-20-94,_________.

 

40E-2.061 No-Notice General Permit by Rule.

(1) The Board hereby grants a general water use permit by rule to each person within the District to use, withdraw, or divert water at a single family dwelling or duplex including but not limited to home lawn and ornamental irrigation, car washing, and other incidental uses provided that water is obtained from one withdrawal facility for each single family dwelling or duplex.

(2) The filing of an application for a permit under this rule is not required.

(3) As a condition of this permit, each person issued pursuant to this rule shall comply with Chapters 40E-21 and 40E-24, F.A.C.

(4) Persons using or proposing to use water in a manner that differs from the conditions imposed by Chapter 40E-24, F.A.C., shall apply for a modification of this permit pursuant to subsection 40E-2.331(4), F.A.C.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.118, 373.219, 373.223 FS. History–New________.

 

40E-2.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – _____________ October 14, 2008”, is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08,_________.

 

“Basis of Review for Water Use Permit Applications Within the South Florida Water Management District”

Section 2.6.1

All public water supply utilities applying for an individual permit are required to develop and implement a water conservation plan. The water conservation elements of each plan need to be identified as part of the application. A timetable outlining the implementation schedule of each of the required water conservation elements will be required to be submitted or shown to already exist prior to issuance or renewal of a public water supply water use permit. The conservation plan shall be prepared and implemented for the service area incorporating, at a minimum, the following mandatory components. For those components which require ordinance adoption, such ordinance should incorporate the entire boundary of the enacting jurisdiction. The Permittee shall provide a copy of the ordinances for each of the mandatory elements for which ordinances are adopted. The mandatory water conservation elements are as follows:

A. The limitation of all lawn and ornamental irrigation to the hours and days specified in Rule 40E-24.201, F.A.C., or alternative landscape irrigation conservation measures which have been approved by the District pursuant to Rule 40E-24.301, F.A.C. Chapter 40E-24 at a minimum, of 4:00 P.M. to 10:00 A.M. The permit Applicant or enacting local government may adopt an ordinance which includes exemptions from the irrigation hour restrictions for the following circumstances, irrigation systems and/or users:

1. Irrigation using a micro-irrigation system;

2. Reclaimed water end users;

3. Preparation for or irrigation of new landscape;

4. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, recommended by the manufacturer, or constituting best management practices;

5. Maintenance and repair of irrigation systems;

6. Irrigation using low volume hand watering, including watering by one hose attended by one person, fitted with a self-canceling or automatic shutoff nozzle or both or

7. Users irrigating with 75% or more water recovered or derived from an aquifer storage and recovery system.

B. through I. No change.

40E-2.331 Modification of Permits.

(1) through (4)(a)5. No change.

6. Does not allow more cumulative days and time to conduct landscape irrigation pursuant to Chapter 40E-24, F.A.C., for those permits issued pursuant to Rule 40E-2.061, F.A.C. and those permits classified as landscape irrigation use.

(b) No change.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 9-31-81, Formerly 16K-2.09(1), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 8-1-02, 4-23-07, 2-13-08,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Terrie Bates, Assistant Deputy Executive Director, Water Resources Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 27, 2008 and October 17, 2008