The purpose of the proposed rules is to 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 ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-20.091: Publications Incorporated by Reference
40E-20.331: Modification of General Water Use Permits
PURPOSE AND EFFECT: The purpose of the proposed rules is to 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., and to allow for modification of permits for landscape irrigation use that do not allow more cumulative days and time to conduct landscape irrigation pursuant to Chapter 40E-24, F.A.C.
SUMMARY: The proposed rules 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. and 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.
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, 373.1113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.103(4), 373.118, 373.171, 373.223, 373.229, 373.239 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-20.091 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, 373.0421,373.103(4), 373.118, 373.171, 373.223, 373.229 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08,_________.

 

(For proposed amendments to the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District”, see Notice of Proposed Rule for Rule 40E-2.091, F.A.C.)

40E-20.331 Modification of Permits.

(1) through (3)(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 classified as landscape irrigation use.

(b) No change.

Specific Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 4-20-94, Amended 7-11-96, 4-9-97, 12-10-97, 8-14-02, 8-31-03, 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