The purpose of this rulemaking is to reference Chapter 40D-1, F.A.C., Procedural, to create a consolidated, consistent process for petitioning for variances and waivers from year-round conservation measures and water shortage orders; to update ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-22.011Policy and Purpose

40D-22.101Definitions

40D-22.201Year-Round Water Conservation Measures

40D-22.301Variances (Repealed)

40D-22.303Variances and Waivers

40D-22.401Enforcement

PURPOSE AND EFFECT: The purpose of this rulemaking is to reference Chapter 40D-1, F.A.C., Procedural, to create a consolidated, consistent process for petitioning for variances and waivers from year-round conservation measures and water shortage orders; to update definitions to promote consistency of terms throughout Chapter 40D, F.A.C. and Florida Statutes; to delete obsolete provisions; to conform District rules to Florida Statutes; and to simplify the year-round conservation measure provisions. The effect of this rulemaking will improve rule clarity.

SUMMARY: Year-Round Conservation Measures.

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: 120.542, 373.044, 373.113, 373.171 FS.

LAW IMPLEMENTED: 120.542, 373.119, 373.171, 373.175, 373.219, 373.223, 373.246, 373.62, 373.603, 373.609 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: Sonya White, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2013053)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-22.011 Policy and Purpose.

(1) This chapter comprises the Southwest Florida Water Management District's (District) Year-Round Conservation Measures. It is the policy of the District to promote and require water conservation during times of average and above average rainfall as well as during declared water shortages. To that end, the purpose of this chapter is to promote long-term sustainability of the water resources of the District through water use efficiency by regulatory means during times when no water shortage has been declared. The measures contained in this chapter are intended to reduce wasteful irrigation practices and encourage lawn and landscape drought conditioning. In addition to these measures, the District also uses Chapter 40D-2, F.A.C., provisions and education and incentive programs to promote water conservation.

(2) This chapter applies to all water sources as provided herein and all water Uusers as defined herein engaged in irrigation, including those not subject to permitting pursuant to Chapter 40D-2, F.A.C.

Rulemaking Authority 373.044, 373,113, 373.171 FS. Law Implemented 373.171 FS. History–New 3-15-92, Amended 9-15-03, _________.

 

40D-22.101 Definitions.

When used in this chapter:

(1) “Address” means the numeric or alphanumeric designation assigned to a house, building or plot of land by the U.S. Postal Service or, if none, by the local government, that, together with the street name, describes the physical location of a specific property. This includes “rural route” numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property’s address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the community’s address), then the community’s main address shall be the property’s address, unless otherwise designated by the local government.

(2) “Agriculture” shall mean as that term is defined in Section 570.02(1), F.S. means the science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use and their disposal by marketing or otherwise, and includes aquaculture, horticulture, floriculture, zoological and botanical specimen exhibits, viticulture, forestry, dairy, livestock, pasture, poultry, bees, and any and all forms of farm products and farm production. This includes the irrigation of vegetables, fruits and other plants grown for human consumption at a residence or community garden, provided the plants are irrigated separately from any lawn or other landscape plant material. In order for irrigation of a fruit tree at a residence or community garden to be considered Agriculture, the irrigation shall not be applied to any Lawn or Landscape plant material. Plant nurseries and Turfgrass production (“sod farming”) are agriculture. The care of new or Existing Lawns, non-edible Landscapes, Cemeteries, Golf Courses and Athletic Play Areas are not classified as Agriculture for the purpose of this chapter.

(3) “Athletic Play Area” means all golf course fairways, tees, and greens, and other athletic play surfaces including, but not limited to; for example, football, baseball, soccer, polo, tennis and lawn bowling fields, and rodeo, equestrian and livestock arenas. A turfgrass area in a public park, when used for a festival or other scheduled event that includes heavy foot traffic, is also considered an athletic play area for a period ending two weeks after the event.

(4) “Cemeteryies” means a place dedicated to and used or intended to be used for the permanent interment of human or pet remains. A Cemetery may contain land or earth interment; mausoleum, vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or intended to be used for the interment or disposition of cremated human or pet remains; or any combination of one or more of such structures or places.

(5) “Core Aerification” means the process of mechanically removing cores or plugs of soil to relieve soil compaction and allowing oxygen, water and nutrients to enter the ground.

(6) “Domestic” and Other “Sanitary Uses” shall means as that term is defined in Section 373.019(6), F.S. All other uses shall not be considered Domestic the use of water for the individual personal household purposes of drinking, bathing, cooking, laundry, household cleaning, or other sanitation. Other uses often associated with domestic activities, such as Lawn Irrigation are classified elsewhere in this chapter within appropriate use classes.

(7) “Driving Range” is the turfgrass at a practice or instructional facility that provides a simulated golf fairway, simulated golf tee and simulated golf green. The simulated golf green associated with a simulated golf fairway is primarily a visual target instead of a regulated play surface, and so does not receive the foot traffic and related turfgrass damage normally associated with an actual golf green.

(8) “Even Numbered Address” means an Address, ending in the numbers 0, 2, 4, 6, 8 or the letters A-M.

(9) “Existing” means any Lawn or Landscape, or portion thereof, which has been in existence in the same location for a period of 60 days or more.

(10) “Frost/Freeze” or “Heat Stress” means the symptoms caused to plants or crops by extreme cold or hot weather unless an irrigation event occurs; for example, permanent wilt damage, yield reductions and/or plant death.

(11) “Golf Course” means an area of land laid out for the express purpose of playing golf, including all greens, tees, fairways, and roughs.

(12) “Hand Watering” means watering plants or crops with one hand held hose, fitted with a self-canceling or automatic shutoff nozzle, or a watering can or pail.

(13) “Irrigation” means the application of water to plants for the purpose of sustaining plant life, promoting plant growth or to facilitate crop production.

(14) “Landscape” means a section of ground adorned or improved by flowering plants (whether annual or perennial), vines, shrubs, palms, trees, ferns, ornamental grasses and groundcover other than Lawn.

(15) “Landscape Use” means the application of water to Lawns and associated Landscape surrounding homes, commercial or industrial buildings, government or other non-commercial buildings, parks, recreational areas, Cemeteries, non-play areas of Golf Courses, public and private right-of-ways and medians but excluding Athletic Play Areas.

(16) “Lawn” means a plot of Turfgrass, usually tended or mowed, surrounding homes, commercial or industrial buildings, government or other non-commercial buildings, parks, recreational areas, Cemeteries, and public or private right-of-ways and medians, but excludes Athletic Play Areas, whether such areas are free-standing or within a park or other setting.

(17) “Low-Volume Irrigation” means the use of Hand Watering, Micro-irrigation or other equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated and designed to allow that water to be placed with a high degree of efficiency within the root zone of the plant.

(18) “Micro-irrigation” means any Irrigation device that distributes water near or within the root zone through low flow rate and emitters. Examples of Micro-irrigation devices include drip, line source, microspray, microsprinkler, bubbler and similar types of systems. The term specifically includes propagation mist heads, capillary mats and soaker hoses. The term also includes water use in Mist Houses and similar establishments for plant propagation and production, but excludes any form of turf irrigation other than in a sod production (“turf farming”) setting.

(19) “New Plant Material” means any Lawn or Landscape, or portion thereof, which has been in existence in the same location for less than 60 days.

(20) “Odd Numbered Address” means an Address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.

(21) “Reclaimed Water” shall means as that term is defined in Section 373.019(17), F.S. water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility.

(22) “Spot Treatment” is the Hand Watering of isolated areas of Tturfgrass or other plant material, such as golf course greens, in order to efficiently deliver water needed to provide uniform moisture content as. This practice is a water-conserving means of compensating for differences in sun exposure, sprinkler coverage, and other site-specific factors.

(23) “Sprigged turf area” means a turf area being established vegetatively by placing Sprigs in furrows or small holes.

(24) “Sprigs” means individual stems of grass with one to four nodes (joints) from which roots can develop. Sprigs may also be called runners, rhizomes, or stolons. Sprigs are a means of vegetative propagation that is sometimes used to produce Golf Course greens, Golf Course fairways, other Athletic Play Areas, and Lawns. Bermuda grass is the most common type of turfgrass propagated in this manner.

(25) “Syringing” is the watering of turfgrass or other plant material in order to lower the air temperature around the leaf surfaces,. This generally involvesing the use of Hand Watering or “fogging” irrigation equipment,. for tThe purpose of the special watering technique is to cooling off the leaf tissue, not to wet the soil.

(26) “Turfgrass” means a dense growth of grass (any of numerous plants of the botanical family Gramineae) being used as a ground cover to provide one or more of the following benefits: erosion control, dust reduction, beautification, or as a playing surface for sports or recreation. Common turfgrasses in Florida include, but are not limited to: Bahiagrass, Bermudagrass, and St. Augustinegrass.

(27) “User” means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee or other legal entity, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including but not limited to uses from groundwater wells and private or public utility systems.

(28) “Vertical Mowing” means a form of thatch removal involving the use of special equipment that makes multiple vertical cuts into the Lawn or other turfgrass. Vertical Mowing may also be referred to as verticutting.

(29) “Water resource” or “waters in the District” shall mean as that term is defined in Section 373.019(22), F.S. means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, specifically including water withdrawn from wells, but excluding seawater.

(30) “Water shortage” shall mean as that term is defined in subsection 40D-21.051(28), F.A.C. or

(31) “Wwater shortage emergency” shall mean as that term is defined in subsection 40D-21.051(29), F.A.C. means that situation within all or part of the District when the Governing Board or Executive Director has declared a water shortage pursuant to Section 373.175 or 373.246, F.S., or Chapter 40D-21, F.A.C.

(32)(31) “Water Use Permit” shall mean as that term is defined in subsection 40D-2.021(15), F.A.C. (WUP) means a permit issued pursuant to Chapter 40D-2, F.A.C., authorizing the use of water.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.219, 373.223 FS. History–New 3-15-92, Amended 9-15-03, 12-7-10,_________.

 

40D-22.201 Year-Round Water Conservation Measures.

(1) General Requirements – The year-round water conservation measures contained in this section are applicable to all water Users, including end Users served by public or private water systems and. The water conservation measures contained herein shall be effective throughout all geographical areas within the District. Any restrictions or other measures declared pursuant to Chapter 40D-21, F.A.C., or any Board or Executive Director order that is more restrictive than a water conservation measure contained within this chapter, shall supersede the water conservation measure for the duration of the applicable order water shortage declaration.

(2) Wasteful and Unnecessary Use – In addition to the specific restrictions enumerated below, the following wasteful and unnecessary water uses are prohibited:

(a) Allowing water to flow from an unattended hose, unless that water is discharged from a functional water-to-air air conditioning unit, residential reverse osmosis treatment system, or similar device.

(b) Hand Wwatering a Lawn on an otherwise restricted day or more than once a day, except when used for Spot Treatment or other practices specified in this rule.

(c) Hosing-down a driveway or other impervious surface to remove grass clippings or other debris that can be removed with a broom or other dry methods.

(d) Hosing-down a building or other structure to remove cobwebs or other material that can be removed with a broom or other dry methods.

(e) Allowing water to flow from a broken sprinkler head, outdoor faucet, or other malfunctioning plumbing or irrigation system component, after receiving verbal or written notice of the malfunction from the District, water utility, or local government.

(3) Irrigation Uses – The following requirements shall apply to all Irrigation except Agriculture, for example: Lawns, Landscapes, Golf Courses, and other Athletic Play Areas.

(a) Irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided herein.

(b) Irrigation systems may be operated during restricted days and/or times for cleaning and maintenance purposes with an attendant on site in the area being tested. Irrigation systems may routinely be operated for such purposes no more than once per week, and the total run time for each zone shall not exceed 10 minutes during the test.

(c) Irrigation for the purpose of chemigation, fertigation or watering-in of applied fertilizers, insecticides, fungicides and herbicides, where such Irrigation watering-in is required by the manufacturer, or by federal, state or local law, or by applicable best management practices shall not be restricted, with two exceptions when associated with a lawn or landscape. In the absence of specific alternative instructions from the manufacturer, such Irrigation watering-in shall be limited to one application of one-quarter inches within 24 hours of the application; and, such Irrigation watering-in shall be accomplished during allowable watering hours unless a professional applicator has posted a temporary sign containing the date of application and the date(s) of needed Irrigation watering-in activity and has also provided instructions listing the chemicals used and stating that the Irrigation watering-in must occur immediately rather than during allowable watering hours.

(d) Landscape may be watered using Low-Volume Irrigation methods on an as-needed basis instead of being restricted to certain days or times.

(e) Lawns may be irrigated by Spot Treatmented without regard to the normally allowable watering days. Lawns may only be irrigated by Spot Treatmented by Hand-Watering or other targeted, manual means. Spot Treatment shall only be accomplished during allowable watering irrigation hours.

(f) In order to promote necessary rhizome repair, extra watering of Tturfgrass may occur on any day of the week for a 14-day period after Core Aerification or Vertical Mowing has occurred. An entire zone of an Irrigation system, may only be used for extra rhizome repair watering if the zone in question is for an area that contains at least 50% Turfgrass recovering from Core Aerification or Vertical Mowing. If a zone contains less than 50% recovering Turfgrass, or if the recovering Turfgrass area is typically not watered by an Irrigation system, only the recovering Turfgrass is eligible for this 14-day exemption. Spot Treatment, Targeted watering may be accomplished by Hand Watering, or any appropriate method which isolates and waters only the recovering Turfgrass may be used.

(g) New Plant Material shall only be irrigated as follows:

1. Any Nnew Pplant Mmaterial may be irrigated during a 60-day establishment period, for the purpose of maintaining plant health and encouraging root growth, -in, during a 60-day establishment period. From day 1 through day 30 of this establishment period, irrigation may occur on any day of the week. From day 31 through day 60 of this establishment period, irrigation is limited to one application on each of three specified days, except as otherwise provided herein. The three allowable days shall be as follows: Even Numbered Addresses may provide establishment period irrigation on Tuesday, Thursday and Sunday and Odd Numbered Addresses may provide establishment period irrigation on Monday, Wednesday and Saturday. Cemeteries and other properties two acres or greater are permitted to use an alternative schedule to provide three days of establishment irrigation per week from day 31 through day 60 so long as a written schedule of establishment period watering is maintained at the property. From day 31 through day 60, properties with no discernable address, such as common areas and rights of way, are permitted to provide establishment period irrigation on Tuesday, Friday and Sunday.

2. This establishment period begins the day the New Plant Material is installed, and is limited to areas containing New Plant Materials only. An entire zone of an Irrigation system may only be used for establishment period watering if the zone in question is for an area that contains at least 50% New Plant Material. If a zone contains less than 50% New Plant Material, or if the New Plant Material is in an area that will be typically not be watered by an Irrigation system, only the New Plant Material is eligible for this 60-day exemption. Spot Treatment, Targeted watering may be accomplished by Hand Watering, or any appropriate method which isolates and waters only the New Plant Material may be used.

3. On the day any New Plant Material is installed, it may be irrigated once without regard to the normally allowable watering times. Irrigation of the soil immediately prior to the installation of New Plant Material is also allowable without regard to the normally allowable watering times.

4. Irrigation of Sprigged turfgrass areas is allowable without regard to the normally allowable watering times for the entire 60-day establishment period.

5. Irrigation of new Turfgrass areas or other New Plant Material associated with a public works project, when and where conducted using tanker trucks or other vehicles, is allowable without regard to the normally allowable watering times for the entire 60 day establishment period.

6. Landscape may continue to be irrigated on an as-needed basis without regard to the normally allowable watering days or times after the establishment period ends if Low-Volume Irrigation technology is used, pursuant to paragraph 40D-22.201(1)(d), F.A.C.

7. Except as otherwise provided herein, all other such establishment period watering shall occur during normally allowable watering times.

(h) Irrigation using Reclaimed Water shall not be restricted except as further restricted by a local government or other Reclaimed Water provider, as necessary, to promote conservation of this alternative water source. However, Users are encouraged to all properties should voluntarily conserve Reclaimed Water by not irrigating between the hours of 10:00 a.m. and 4 p.m. In addition, if Irrigation is accomplished done with a source that contains a blend of Reclaimed Water and potable water, ground water, pond water or some other supply, the use of this blended water shall be subject to the restrictions that apply to that other supply, except for the following circumstances:

1. The other supply is incidental stormwater runoff that enters a Reclaimed Water storage pond;

2. The other supply is a withdrawal regulated by a District Water Use Permit, provided that the quantity being blended with the Reclaimed Water is specifically authorized for blending purposes. For example, such as this other supply may be withdrawals from an un-augmented stormwater system or water recovered from a permitted ASR well that stores seasonal diversions from a surface water body, including ASR well testing authorized in preparation for permit issuance;

3. The other supply is water recovered from a Reclaimed Water ASR well permitted by the Florida Department of Environmental Protection, including Reclaimed Water ASR well testing authorized in preparation for permit issuance; or

4. The applicable Reclaimed Water provider is implementing a District-authorized variance from the provisions of Rule 40D-22.201, F.A.C., which addresses use of the reclaimed water blend.

(i) The operation of an Irrigation system for the discharge of water from a water-to-air air conditioning unit or other water-dependent cooling system shall not be subject to the provisions of this rule.

(j) Irrigation of established Turfgrass and Landscape associated with a public works project, when and where conducted using tanker trucks or other vehicles, may occur is allowable without regard to the normally allowable watering days and times, except that Irrigation of Turfgrass by this method is limited to a maximum of two applications of 3/4 inches of water in any seven-day period after conclusion of the establishment period exemption specified above.

(k) One extra irrigation application may occur within 72 hours of the conclusion of a named tropical storm or hurricane warning, if needed, to flush salt from plant material that was inundated or subjected to spray from saltwater or brackish water.

(4) Lawn and Landscape Use – The following additional requirements or exceptions to subsections 40D-22.201(1)-(3), F.A.C., shall apply to the Iirrigation of Llawns and Llandscape.

(a) Except as otherwise specified in this chapter, Even Numbered Addresses may accomplish necessary Llawn and Llandscape Irrigation on only Thursday and/or Sunday.

(b) Except as otherwise specified in this chapter, Odd Numbered Addresses may accomplish necessary Llawn and Llandscape Irrigation on only Wednesday and/or Saturday.

(c) Except as otherwise specified in this chapter, all properties not included in paragraphs (4)(a) and (b) above, including rights-of-way and common areas not associated with a specific property and other locations without any discernable address, may accomplish necessary Llawn and Llandscape Iirrigation on only Tuesday and/or Friday.

(d) Cemeteries and other Users irrigating property two acres or greater may water one-half of the property on the days allowed for Even Numbered Addresses and may water the remaining one-half on the days allowed for Odd Numbered Addresses. Each such User is required to maintain a map or sketch on site that indicates which days each part of the property will be watered, and the District or applicable local government may require that a copy of this same map or sketch be provided for verification or enforcement purposes. If a specific property is unable to comply with this schedule, the variance process may be used to register an alternative schedule acceptable to the District.

(e) Any automatic Iirrigation system in use must include a properly installed, maintained and operating device or system that inhibits or interrupts operation of the Iirrigation system during periods of sufficient moisture. Examples of such technology include a rain sensor, a soil moisture sensor or an evapotranspiration ET-based controller with local weather station.

(5) Golf Courses Use – The following additional requirements or exceptions to subsections 40D-22.201(1)-(3), F.A.C., shall apply to Golf Course Irrigation as appropriate:

(a) Users who possess whose uses require and are authorized by a WUP are have been evaluated by the District and required to maintain compliance with all WUP conditions and terms, including those designed to require the utilization of water conserving practices. Compliance with all WUP conditions and terms shall constitute compliance in lieu of other measures specified in subsections 40D-22.201(2)-(5), F.A.C.

(b) Except as excluded by paragraph 40D-22.201(5)(a), F.A.C., all individual Users for Golf Course Irrigation shall use:

1. Best Management Practices for Florida Golf Courses, University of Florida, Institute of Food and Agricultural Sciences, Cooperative Extension Service, Department of Environmental Horticulture, 1993, as amended; or

2. The following measures:

a. Irrigation shall be limited to the times specified in subsection 40D-22.201(3), F.A.C.

b. Fairways, roughs and Driving Ranges, shall be watered no more than two times per week.

c. Tees and greens shall be watered no more than three times per week.

d. The Irrigation of tees and greens shall not be restricted when such Irrigation is for plant protection, including Frost/Freeze or Heat Stress, except as limited by subsection 40D-22.201(2), F.A.C.

e. Spot Treatment and Syringing are not restricted.

f. Irrigation related to overseeding that is a component of a fall transition program shall not be restricted to a certain number of applications each week.

(6) Other Athletic Play Area Irrigation – The following additional requirements or exceptions to subsections 40D-22.201(1)-(3), F.A.C., shall apply to the play areas of Athletic Play Areas:

(a) Operation of an Irrigation system for plant protection of Athletic Play Areas Tturfgrass fields, including Frost/Freeze or Heat Stress prevention, shall not be restricted, except in accordance with subsection 40D-22.201(2), F.A.C.

(b) The wetting of clay tennis courts, baseball/softball infields, livestock or rodeo areas and other non-Tturf grass Athletic Play Areas immediately prior to play is allowable to ensure athlete/animal safety, comply with sport standards and control dust.

(c) Baseball, softball, football, soccer, polo and other similar Tturfgrass playing field surfaces may receive one extra Irrigation application immediately after heavy league play if necessary to encourage turf repair needed to maintain safe play conditions.

(d) Spot Treatment and Syringing are not restricted.

(e) One-half of Athletic Play Areas may be irrigated on Mondays and/or Thursdays; the other half may be irrigated on Tuesdays and/or Fridays for the purpose of meeting normal supplemental Irrigation needs. A map or sketch shall be maintained on site that indicates which days each part of the property will be watered, and the District or applicable local government may require that a copy of this same map or sketch be provided for verification or enforcement purposes. If a specific property is unable to comply with this schedule, the variance process may be used to register an alternative schedule acceptable to the District.

(7) Agriculture Use – The following additional requirements or exceptions to subsection 40D-22.201(1), F.A.C., shall apply to Agriculture as appropriate:

(a) Users who possess whose uses require and are authorized by a WUP are have been evaluated by the District and required to maintain compliance with all WUP conditions and terms, including those designed to require the utilization of water conserving practices. Compliance with all WUP conditions and terms shall constitute compliance in lieu of other measures specified in subsections 40D-22.201(1)-(2) and (7), F.A.C.

(b) Except as excluded by paragraph 40D-22.201(7)(a), F.A.C., all individual Users for Agricultural Irrigation for Agriculture shall follow these measures:

1. Use of Micro-irrigation and other Low-Volume Irrigation methods shall not be restricted.

2. Operation of an Irrigation system for plant protection, including Frost/Freeze or Heat Stress prevention, shall not be restricted.

3. Irrigation for the purpose of watering-in fertilizers, insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, shall not be restricted.

4. All other Irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m.

5. The variance process may be used to register an alternative Irrigation program acceptable to the District, such as the ability to irrigate in accordance with a published document detailing Best Management Practices for the applicable crop or commodity.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.219, 373.223, 373.62 FS. History–New 3-15-92, Amended 9-15-03, 11-5-09, 12-7-10,_________.

 

40D-22.303 Variances and Waivers.

(1) Users may request relief from the provisions of this Chapter 40D-22, F.A.C., by following the procedures outlined in Rule 40D-1.1002, F.A.C.

(2) Examples of circumstances, which, subject to the above referenced statute and rule and the provisions below, may be candidates for the issuance of a variance or waiver are:

(a) Properties with Irrigation systems that water both Odd and Even Numbered Addresses at the same time.

(b) Two or more properties which share a common source of water.

(c) A local government providing water to Users or a Reclaimed Water provider providing Reclaimed Water blend to Users that desires to sponsor an alternative year-round irrigation conservation plan approved by the District.

(c)(d) A public or private water system experiencing, or anticipating, pressure problems associated with subsection 40D-22.201(4), F.A.C.

(d)(e) Properties which, due to the amount of irrigated acreage in relation to the irrigation system configuration, cannot irrigate all zones in accordance with the watering days provided in paragraphs 40D-22.201(4)(a)-(d), F.A.C.

(e)(f) A variance granted local government or other entity that desires to offer an alternative irrigation program in accordance with Section 373.62(7), F.S.

(3)(2) A variance is invalid if it has expired or if the property owner or agent violates terms of the variance.

(4)(3) Users requiring relief from a local government’s water conservation measures in a local government's alternative year-round Irrigation conservation plan approved by the District must petition that local government for relief.

(4) Variances and plans issued in accordance with Board Orders 92-12, 92-21, 92-60, 93-105, SWF 01-83 and Executive Director Order 00-18 are hereby ratified and affirmed, and shall remain in full force and effect except that they shall expire 10 years after the original issuance, or one (1) year from September 15, 2003, whichever is later, unless an earlier date is specified in the letter granting the original variance or plan. These variances and plans are also subject to the following provisions:

(a) Any property with a valid District variance issued after March 2, 1992 but prior to April 26, 2000 may use both of the two watering days specified for each section of the property.

(b) Any property with a valid District variance issued after April 26, 2000 but prior to October 30, 2001, which contained provisions for a second water day for each section of property may also use the second watering day.

(c) Any property with a valid District variance issued after April 26, 2000 that did not specify a second watering day for each section of the property is modified as follows: each section of the property may also be irrigated on the day of the week that occurs three days following the originally specified day. (For example, if an alternative Irrigation plan stipulates that a certain section of property can be watered on Fridays, it may now also be watered on Mondays).

Rulemaking Authority 120.542, 373.044, 373.113, 373.171 FS. Law Implemented 120.542, 373.119, 373.171, 373.175(4), 373.246(7), 373.609 FS. History–New 9-15-03, Amended 12-7-10,_________.

 

40D-22.401 Enforcement.

(1) This chapter shall be effective year round. Provided, Hhowever, if that in the event of conflict, the measures, provisions and/or restrictions imposed when a water shortage has been declared pursuant to Chapter 40D-21, F.A.C., or related Board or Executive Director order are that is more restrictive than a water conservation measure contained within this chapter, such measures, provisions and/or restrictions shall supersede the water conservation measures contained in this cChapter 40D-22, F.A.C., for the duration of the applicable water shortage or related Board or Executive Director Order declaration.

(2) City and county officers shall assist the District with the enforcement of the provisions of this chapter in accordance with As required by Section 373.609, F.S., but only upon specific request by the District, each county and city commission, state and county attorney, sheriff, police officer or other appropriate local government official shall assist the District in enforcing this chapter. Local governments may voluntarily elect to provide additional local enforcement assistance, such as a violation reporting telephone number for citizens’ use or a system of proactive enforcement patrols. The District shall continue to only request assistance with address-specific or location-specific violation complaints that do not involve a Water Use Permit holder and constitute either an emergency or a repeat violation situation.

(3) Irrigation of Lawns and Landscapes, as described in this chapter, may be further restricted by local governments in response to a local water supply system concern. In the event any county or city within the District adopts or implements such local measures, the measures contained therein shall be at least as restrictive as those imposed by this chapter and the county or city shall promptly notify the District and provide a copy of all local measures imposed and the effective implementation date.

(4) In enforcing the provisions of this chapter the District will utilize any of the enforcement remedies available pursuant to Chapters Sections 120 or 373, F.S., or applicable District rule., including for example:

(a) Enforcement action may be initiated by the District as provided in Section 373.603, F.S., against violators of this chapter;

(b) The Executive Director may assign District personnel for the purpose of initiating enforcement action pursuant to Section 373.603, F.S.;

(c) The Executive Director may take appropriate action pursuant to Sections 373.119, 373.175(4), 373.246(7) and 120.69, F.S., to enforce the provisions of this chapter.

Rulemaking Authority 373.044, 373,113, 373.171 FS. Law Implemented 373.119, 373.171, 373.219, 373.175, 373.246, 373.603, 373.609 FS. History–New 3-15-92, Amended 9-15-03, 11-5-09,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Wells Brennan, Senior Attorney

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 22, 2014