Monitoring Conditions, Declaring a Water Shortage, Declaring a Water Shortage Emergency, Water Use Restrictions in a Water Shortage Emergency, Phase I: Moderate Water Shortage, Phase II: Severe Water Shortage, Phase III: Extreme Water Shortage
Southwest Florida Water Management District
RULE NOS.: RULE TITLES:
40D-21.211 Monitoring Conditions
40D-21.231 Declaring a Water Shortage
40D-21.331 Declaring a Water Shortage Emergency
40D-21.371 Water Use Restrictions in a Water Shortage Emergency
40D-21.621 Phase I: Moderate Water Shortage
40D-21.631 Phase II: Severe Water Shortage
40D-21.641 Phase III: Extreme Water Shortage
NOTICE OF CHANGE
Notice is hereby given in accordance with subparagraph 120.54(3)(d)1., F.S., that the following changes have been made to the above rules published in Vol. 31, No. 47, November 23, 2005, issue of the Florida Administrative Weekly.
40D-21.211 Monitoring Conditions.
(1) No change.
(2) Data Sources – Data will may be obtained from any relevant source available, including, but not limited to:
(a) through (b) No change.
(3) through (4) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New __________.
40D-21.231 Declaring a Water Shortage.
(1) The Board will declare Water Shortages and impose response mechanisms as set forth in this Chapter. The geographic area covered by a Water Shortage declaration will include all or part of the ground or surface water basin(s) within which the affected source of water lies, as well as areas that are supplied water from the affected source. The Board will simplify the boundaries of the area subject to a Water Shortage declaration by using a major road or local government boundary so long as the affected area is not significantly expanded or contracted. The Board may declare that a Water Shortage exists within all or parts of the District and impose response mechanisms as established in this Chapter. The geographic area involved may include all or part of a county, municipality, ground water basin, or surface water basin which impacts a Source Class for which the Water Shortage is declared. The Board may simplify the boundaries of the area subject to a Water Shortage declaration by using a major road or local government boundary that approximates the affected geographic area, in order to communicate effectively with Permittees and other water users.
(2) The Board will may declare a Water Shortage for a source or Source Class not presently experiencing a Water Shortage if usage from such a source or Source Class can be reasonably expected to impact the present and anticipated available water supply from the source or Source Class currently experiencing a shortage.
(3) The Board will may declare a Water Shortage for geographic areas not presently experiencing a Water Shortage if usage in such areas can be reasonably expected to impact the present and anticipated available water supply for an affected area. For example, a Water Shortage may be declared for an otherwise unaffected area that contains the alternative supply or emergency supplementation source for an affected area.
(4) Prior to declaring a Water Shortage, the Board may issue Water Shortage advisories calling for voluntary reductions in demand.
(5) through (6) renumbered (4) through (5) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 11-19-84, Amended 7-2-86, ________.
40D-21.331 Declaring a Water Shortage Emergency.
(1) through (3)(b)3. No change.
4. Other factors relating to potential adverse impacts, such as the availability of state or of federal emergency resources to ameliorate these impacts.
(c) No change.
(4) If it is ascertained that the provisions of Part II are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable-beneficial, uses, the Executive Director, with the concurrence of the Board, will may declare a Water Shortage Emergency.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.246 FS. History–New 11-19-84, Amended 7-2-86, _________.
40D-21.371 Response Mechanisms During a Water Shortage Emergency.
(1) When a Water Shortage emergency has been declared, the Executive Director will may issue orders containing response mechanisms deemed necessary to address the emergency. The response mechanisms may include, but are not limited to: authorizations to temporarily withdraw from a permitted source in a manner or for a purpose not expressly granted by the applicable Water Use Permit; authorizations to temporarily augment a public water supply system with water from an unpermitted source; and restrictions that involve apportioning, rotating, limiting, or prohibiting the use of water.
(2) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.246 FS. History–New 11-19-84, Amended ________.
40D-21.621 Phase I: Moderate Water Shortage.
(1) through (2) No change.
(3) Essential Use
(a) Fire Fighting
1. Fire hydrant testing flushing shall not be restricted. However, each fire department shall review or develop processes through which it can address inquiries from the District and citizens about specific flushing activity, so that citizens will understand that some fire hydrant testing flushing is necessary to protect human health, safety, and welfare;
2. through (7) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 11-19-84, Amended 7-2-86, 5-30-93, ________.
40D-21.631 Phase II: Severe Water Shortage.
(1) through (2) No change.
(3) Essential Use.
(a) Fire Fighting
1. Fire hydrant testing flushing is allowed for the protection of human health, safety and welfare. Each fire department or other fire protection unit shall implement processes through which it addresses inquiries about specific flushing activity. At a minimum, these processes shall include the use of an on-site sign containing the name and telephone number of the fire protection unit conducting the testing flushing activity. A marked vehicle remaining on-site during the activity may be used in lieu of a free-standing sign.
2. through (b)1. No change.
2. At a minimum, unless otherwise specified in the applicable District-approved WSMP, each utility shall provide, directly or through the appropriate local agency, the following:
a. Response, as needed, to enforcement referrals made by the District. This shall involve, where necessary, a site investigation on the day of the week and the time of day indicated indicted on the violation complaints forwarded with an enforcement referral.
b. through (3)(b)2.d. No change.
3. through (3)(b)4. No change.
5. Potable water, sanitary sewer, and reclaimed water line flushing and disinfection is allowed for the protection of human health, safety and welfare. Each water utility shall implement processes through which it addresses inquiries about specific line flushing activity. At a minimum, these processes shall include the use of either an on-site sign containing the name and telephone number of the agency conducting the flushing activity or establishment and promotion of a hotline that customers and other concerned citizens can call to question activity at a specific location. A marked vehicle remaining on–site during the activity may be used in lieu of a free-standing sign.
6. through (7) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 11-19-84, Amended 7-2-86, 5-30-93, ________.
40D-21.641 Phase III: Extreme Water Shortage.
(1) through (2) No change.
(3) Essential Use.
(a) Fire Fighting.
1. Each fire department or other fire suppression unit shall implement or continue to implement provisions of paragraph 40D-21.631(3)(a), F.A.C., except that fire hydrant testing flushing is limited to only that conducted by fire service personnel and vendors that the applicable fire department has authorized to conduct that activity during the specific Water Shortage event.
2. through (7) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 11-19-84, Amended 7-2-86, 5-30-93, ________.
