To implement revisions related to the statewide effort headed by the Florida Department of Environmental Protection (DEP) and the five water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP), minimum flows ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-21.631Phase II: Severe Water Shortage

40D-21.641Phase III: Extreme Water Shortage

40D-21.651Phase IV: Critical Water Shortage

PURPOSE AND EFFECT: To implement revisions related to the statewide effort headed by the Florida Department of Environmental Protection (DEP) and the five water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP), minimum flows and levels (MFLs), and water supply related programs of the WMDs. Chapters 40D-1, 40D-2, 40D-8, 40D-21, and 40D-80, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual Part B are being amended to (1) make the CUP rules less confusing for applicants; (2) treat applicants equitably statewide; (3) provide consistent protection of the environment; (4) streamline the application and permitting process; and (5) incentivize behavior that protects water resources, including water conservation.

SUMMARY: The proposed rules make appropriate amendments to Chapter 40D-21, F.A.C., to incorporate changes to the Water Use Permit Information Manual Part B. The proposed amendments include (1) conforming changes to reflect revisions to SWFWMD’s Water Use Information Manual Part B, and (2) a technical change to the supplemental irrigation hours.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.
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.

RULEMAKING AUTHORITY: 373.044, 373.113 FS.

LAW IMPLEMENTED: 373.175, 373.185, 373.246 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: SWFWMD Human Resources Director, [phone], ext. 4702; 1(800)423-1476 (FL only), ext. 4702; or to [e-mail].. 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: Laura Donaldson, General Counsel, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, [phone] or 1(800)836-0797 (Florida only), [e-mail] or Sonya White, Senior Legal Assistant, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, [phone] (Ext. 4660) or 1(800)836-0797 (Florida only), [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-21.631 Phase II: Severe Water Shortage.

(1) through (4) No change.

(5) Agricultural Use. The following restrictions and other required actions shall apply to all agricultural activities, as appropriate. Whether or not a agricultural water use activity with associated Lawn and Landscape use is authorized by a Water Use Permit, the Lawn and Landscape use is separately regulated for the purpose of this chapter and is subject to the Lawn and Landscape Use restrictions and other required actions of the applicable Water Shortage declaration. Paragraph 40D-21.631(6)(c), F.A.C., contains the Lawn and Landscape use restrictions and other required actions for a Phase II declaration.

(a) Each Agricultural Permittee shall comply with all of its Water Use Permit requirements and terms. Those Permittees located within the Southern Water Use Caution Area with the ability to earn and expend “Water Conserving Conservation Credits” shall continue to do so pursuant to Rule 40D-2.621, F.A.C., and the associated Applicant’s Handbook Part B Sections 3.9.2.4 and 3.9.2.6.2.2.2., Basis of Review section, which is incorporated by reference in Rule 40D-2.091, F.A.C.

(b) No change.

(c) All other users not governed by paragraph 40D-21.631(5)(a) or (b), F.A.C., shall implement the following demand management measures, as appropriate:

1. Reduce off-site discharge to the extent practicable.;

2. Recycle water to the extent practicable.;

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 vehicle and other Mobile Equipment; except for health and safety needs or as otherwise required by BMPs, such to prevent the spread of plant or animal diseases.;

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

6. through 7. No change

(6) Landscape Use.

(a) Golf Courses and Driving Ranges. The following restrictions and other required actions shall apply to all Golf Course and Driving Range athletic play area activities, as appropriate. Whether or not a golf course or driving range water use activity with associated Lawn and Landscape use is authorized by a Water Use Permit, the Lawn and Landscape use is separately regulated for the purpose of this chapter and is subject to the Lawn and Landscape Use restrictions and other required actions of the applicable Water Shortage declaration. Paragraph 40D-21.631(6)(c), F.A.C., contains the Lawn and Landscape use restrictions and other required actions for a Phase II declaration.

1. Each user whose use is governed by a Water Use Permit shall comply with all permit requirements and terms. Those Permittees located within the Southern Water Use Caution Area with the ability to earn and expend “Water Conserving Conservation Credits” shall continue to do so pursuant to Rule 40D-2.621, F.A.C., and the associated Applicant’s Handbook Part B Sections 3.9.2.4 and 3.9.2.6.2.2.2., Basis of Review section, which is incorporated by reference in Rule 40D-2.091, F.A.C.

2. No change.

3. All other users not governed by a Water Use Permit and not following subparagraph 40D-22.201(5)(b)1., F.A.C., shall implement the following demand management measures as applicable:

a. Reduce off-site discharge to the extent practicable.;

b. Recycle water to the extent practicable.;

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 safety needs or as otherwise required by the published BMPs, 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. Limited supplemental irrigation to the hours of midnight 12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m. for properties less than two acres in size. Properties two acres or larger may irrigate between the hours of midnight 12:01 a.m. to 10:00 a.m. or 4:00 p.m. to 11:59 p.m.

g. No change.

(b) Other Athletic Play Areas. The following  water use restrictions and other required actions shall apply to all Athletic Play Areas, other than Golf Courses and Driving Ranges, as appropriate. Whether or not an athletic play area water use activity with associated Lawn and Landscape use is authorized by a Water Use Permit, the Lawn and Landscape use is separately regulated for the purpose of this chapter and is subject to the Lawn and Landscape Use restrictions and other required actions of the applicable Water Shortage declaration. Paragraph 40D-21.631(6)(c), F.A.C., contains the Lawn and Landscape use restrictions and other required actions for a Phase II declaration.

1. Each user whose use is governed by a Water Use Permit shall comply with all permit requirements and terms. Those Permittees located within the Southern Water Use Caution Area with the ability to earn and expend “Water Conserving Conservation Credits” shall continue to do so pursuant to Rule 40D-2.621, F.A.C., and the associated Applicant’s Handbook Part B Sections 3.9.2.4 and 3.9.2.6.2.2.2., Basis of Review section, which Basis of Review is incorporated by reference in Rule 40D-2.091, F.A.C.

2. Users whose use is not governed by a Water Use Permit shall implement the following, as applicable:

a. Reduce off-site discharge to the extent practicable.;

b. Recycle water on-site to the extent practicable.;

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 and safety needs or as otherwise required by the BMPs, 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. Limit supplemental irrigation to the hours of  midnight 12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m. for properties less than two acres in size. Properties two acres or larger may irrigate between the hours of midnight 12:01 a.m. to 10:00 a.m. or 4:00 p.m. to 11:59 p.m.

g. No change.

(c) Lawns and Landscaping Use, including Cemeteries. The following restrictions and other required actions shall apply to all Lawn and Landscaping Use, including Cemeteries, as appropriate:

1. Each user whose use is governed by a Water Use Permit shall comply with all permit requirements and terms. Those Permittees located within the Southern Water Use Caution Area with the ability to earn and expend “Water Conserving Conservation Credits” shall continue to do so pursuant to Rule 40D-2.621, F.A.C., and the associated Applicant’s Handbook Part B Sections 3.9.2.4 and 3.9.2.6.2.2.2., Basis of Review  section which is incorporated in Rule 40D-2.091, F.A.C.

2. All Lawn and Landscaping use shall comply with the following demand management measures, as applicable:

a. Limit Supplemental Irrigation to the hours of midnight 12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m. Properties less than one acre in size or with fewer than 11 irrigation zones shall use only one of the two available watering times.

b. through i. No change.

(7) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.185, 373.246 FS. History–New 11-19-84, Amended 7-2-86, 5-30-93, 4-9-06, 7-5-12,_________.

 

40D-21.641 Phase III: Extreme Water Shortage.

(1) through (4) No change.

(5) Agricultural Uses. In addition to the requirements of the applicable Water Use Permit, the following water use restrictions and other required actions shall apply to all Agricultural Use, as appropriate. Whether or not a golf course or driving range water use activity with associated Lawn and Landscape use is authorized by a Water Use Permit, the Lawn and Landscape use is separately regulated for the purpose of this chapter and is subject to the Lawn and Landscape Use restrictions and other required actions of the applicable Water Shortage declaration. Paragraph 40D-21.641(6)(c), F.A.C., contains the Lawn and Landscape use restrictions and other required actions for a Phase III declaration.

(a) Inform the District about any drought-related challenges with their water supplies. At a minimum, each Permittee shall, within 14 days of receipt of the District’s declaration notice and when any major change in water supply status occurs, notify the District’s Demand Management staff regarding: any water well failures, quantity or quality concerns about primary water supplies, any anticipated need for supply supplementation and planned strategies for supply supplementation in the event that the drought continues or worsens.;

(b) Each Agricultural Permittee shall comply with all of its Water Use Permit requirements and terms. Those Permittees located within the Southern Water Use Caution Area with the ability to earn and expend “Water Conserving Conservation Credits” shall continue to do so pursuant to Rule 40D-2.621, F.A.C., and the associated Applicant’s Handbook Part B Sections 3.9.2.4 and 3.9.2.6.2.2.2., Basis of Review section, which is incorporated in Rule 40D-2.091, F.A.C.;

(c) No change.

(d) Recycle water to the extent practicable.;

(e) Suspend clean-up requiring water use, except for the minimum required to protect efficiency for the operation and prevent damage to equipment.;

(f) Suspend the washing of vehicles and other Mobile Equipment, except for the minimum required to protect animal or human health and safety needs, or as otherwise required by published BMPs, such as to prevent the spread of plant disease.;

(g) Maximize use of the least restricted Source Class to which there is access.;

(h) Eliminate unnecessary uses.;

(i) No change.

(6) Landscape Use.

(a) Golf Courses and Driving Ranges. In addition to the requirements of the applicable Water Use Permit, the following water use restrictions and required actions shall apply to all Golf Course and Driving Range athelic play areas, including efforts that go beyond normally applicable Water Use Permit requirements, as appropriate. Whether or not a golf course or driving range water use activity with associated Lawn and Landscape use is authorized by a Water Use Permit, the Lawn and Landscape use is separately regulated for the purpose of this chapter and is subject to the Lawn and Landscape Use restrictions and other required actions of the applicable Water Shortage declaration. Paragraph 40D-21.641(6)(c), F.A.C., contains the Lawn and Landscape use restrictions and other required actions for a Phase III declaration.

1. No change.

2. Each user whose use is governed by a Water Use Permit shall comply with all permit requirements and terms. Those Permittees located within the Southern Water Use Caution Area with the ability to earn and expend “Water Conserving Conservation Credits” shall continue to do so pursuant to Rule 40D-2.621, F.A.C., and the associated Applicant’s Handbook Part B Sections 3.9.2.4 and 3.9.2.6.2.2.2., Basis of Review section, which is incorporated in Rule 40D-2.091, F.A.C.;

3. Eliminate off-site discharge to the extent practicable.;

4. Recycle water to the extent practicable.;

5. No change.

6. Suspend the washing of golf carts, lawn mowers and other Mobile Equipment, except for the minimum necessary to meet health and safety needs or as otherwise required by published BMPs, such as to prevent the spread of Turfgrass disease.;

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

8. No change.

9. Limit Supplemental Irrigation (“normal watering”) to the allowable hours of midnight 12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m.

10. through 14. No change.

(b) Other Athletic Play Areas. In addition to the requirements of the applicable Water Use Permit, the following water use restrictions and other required actions shall apply to all Athletic Play Areas, except Golf Courses and Driving Ranges, as appropriate. Whether or not an athletic play area water use activity with associated Lawn and Landscape use is authorized by a Water Use Permit, the Lawn and Landscape use is separately regulated for the purpose of this chapter and is subject to the Lawn and Landscape Use restrictions and other required actions of the applicable Water Shortage declaration. Paragraph 40D-21.641(6)(c), F.A.C., contains the Lawn and Landscape use restrictions and other required actions for the Phase III declaration.

1. Inform the District about any drought-related challenges with their water supplies. At a minimum, each Permittee shall, within 14 days of receipt of the District’s Water Shortage declaration notice and when any major change in the water supply status occurs, notify the District’s Demand Management staff regarding: any water well failures, quantity or quality concerns about the primary water supplies, any anticipated need for supply supplementation and planned strategies for supply supplementation in the event that the drought continues or worsens.;

2. Each user whose use is governed by a Water Use Permit shall comply with all permit requirements and terms. Those Permittees located within the Southern Water Use Caution Area with the ability to earn and expend “Water Conserving Conservation Credits” shall continue to do so pursuant to Rule 40D-2.621, F.A.C., and the associated Applicant’s Handbook Part B Sections 3.9.2.4 and 3.9.2.6.2.2.2., Basis of Review section, which is incorporated in Rule 40D-2.091, F.A.C.;

3. Eliminate off-site discharge to the extent practicable.;

4. Recycle water to the extent practicable.;

5. Suspend clean-up requiring water use, except for the minimum required to protect efficiency of the operation and prevent damage to equipment.;

6. Suspend the washing of lawn mowers and other Mobile Equipment, except for the minimum necessary to meet health and safety needs or as otherwise required by published BMPs, such as to prevent the spread of Turfgrass disease.;

7. Users having access to more than one Source Class shall maximize use of the least restricted Source Class to which there is access.;

8. Eliminate unnecessary uses and take appropriate actions to avoid water use increases. This includes the following, as appropriate:

a. Reducing wear on athletic fields as practical.

b. Modifying nutritional, soil amendment and mowing practices to minimize water stress.

c. Providing information to players and guests about the current Water Shortage declaration, the steps that the facility is taking to reduce water use and how players and guests can conserve water while visiting the facility.;

9. Limit Supplemental Irrigation (“normal watering”) to the allowable hours of midnight 12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m.;

10. through 12. No change.

(c) Lawn and Landscaping Use, including Cemeteries. In addition to the requirements of the applicable Water Use Permit, the following water use restrictions and other required actions shall apply to all Lawn and Landscaping Use, including Cemeteries, as appropriate:

1. Each Permittee shall comply with all of its Water Use Permit requirements and terms. Those Permittees located within the Southern Water Use Caution Area with the ability to earn and expend “Water Conserving Conservation Credits” shall continue to do so pursuant to Rule 40D-2.621, F.A.C., and the associated Applicant’s Handbook Part B Sections 3.9.2.4 and 3.9.2.6.2.2.2., Basis of Review section, which is incorporated in Rule 40D-2.091, F.A.C.

2. through 8. No change.

9. Limit Supplemental Irrigation (“normal watering”) to the hours of midnight 12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m. Properties less than one acre in size or with fewer than 11 irrigation zones shall use only one of the two available watering times.

10. Supplemental irrigation accomplished by microirrigation, handwatering or other low volume technology shall only occur during the hours of midnight 12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m.

11. through 15.  No change.

(7) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.185, 373.246 FS. History–New 11-19-84, Amended 7-2-86, 5-30-93, 4-9-06, 7-5-12,_________.

 

40D-21.651 Phase IV: Critical Water Shortage.

(1) through (5) No change.

(6) Landscape Use and Driving Ranges.

(a) through (b) No change.

(c) Lawn and Landscaping Use, including Cemeteries:

1. All Lawn and Landscaping Use, including Cemeteries, shall continue to comply with applicable provisions of paragraph 40D-21.641(6)(c), F.A.C., with the following modifications:

a. No change.

b. Supplemental Irrigation for properties with an in-ground system shall only occur during the hours of midnight 12:01 a.m. to 4:00 a.m.

c. through f. No change.

2. No change.

(7) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.185, 373.246 FS. History–New 4-9-06, Amended 7-5-12,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Laura Donaldson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 24, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012