The purpose and effect of the proposed rule development is to amend the General Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041, F.A.C. Amendments include: repeal of the exceptions from ...

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-2.301: Conditions for Issuance of Permits
PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to amend the General Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041, F.A.C. Amendments include: repeal of the exceptions from irrigation day and time limitations for use of reclaimed water and the use of recycled water from wet detention treatment ponds for irrigation; providing that when a reclaimed water provider cannot feasibly operate its disposal system unless it provides reclaimed water to its customers on a more frequent basis than would occur under the limitations in the General Permit by Rule irrigation schedules, then such customers who receive written notification that this condition exists can irrigate with reclaimed water on the additional days specified in the notification; and revising Rule 40C-2.101, F.A.C., and the Applicant’s Handbook: Consumptive Uses of Water, to reflect these changes. The District is also considering amending Rules 40C-2.101 and 40C-2.301, F.A.C., and the Applicant’s Handbook: Consumptive Uses of Water, to address the use of reclaimed water and the use of recycled water from wet detention treatment ponds for irrigation by applicants who require a consumptive use permit from the District and do not qualify for the General Permit by Rule.
SUBJECT AREA TO BE ADDRESSED: Amendments related to the use of water for irrigation in both the General Permit by Rule for small water uses and the conditions for issuance of permits applicable to applicants who require a consumptive use permit from the District and do not qualify for the General Permit by Rule.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.118, 373.219, 373.223, 373.250, 373.609 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
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, [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Norma Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email [e-mail]. Rule Text for Rules 40C-2.101 and 40C-2.301 is not available at this time

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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 (8). However, this 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 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, golf courses, and recreational areas, provided the irrigation does not occur between the hours of 10:00 a.m. and 4:00 p.m. daily.  Such water use shall be subject to the following exceptions:

(a) No change.

(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.

(d) through (n) renumbered (b) through (l) 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 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.  For the purpose of this rule, “landscape irrigation” does not include 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.  Landscape irrigation shall be subject to the following exceptions:

1. through 6. No change.

7. 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) through (d) No change.

(e) Although the use of reclaimed water for landscape irrigation is subject to the irrigation schedule set forth in paragraph 40C-2.042(2)(a), F.A.C., in those limited conditions described in this paragraph, a person is authorized to irrigate landscape with reclaimed water on more than the 2 days specified. 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. 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. shall continue to apply.

(3) through (8) No change.

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,________.