The purpose 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-2.042, F.A.C. Amendments include: repeal of the exceptions for use of ...

RULE NO: RULE TITLE
40C-2.042: General Permit by Rule
PURPOSE AND EFFECT: The purpose 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-2.042, F.A.C. Amendments include: repeal of the exceptions for use of reclaimed water and recycled water from wet detention treatment ponds for irrigation; amendment to the limiting conditions to prohibit chemigation and fertigation between the hours of 10:00 a.m. and 4:00 p.m.; restriction of the watering-in of chemicals to ¼ inch of water per application except as otherwise required by law; the manufacturer or best management practices; limitation of the operation of landscape irrigation systems for routine maintenance to 1 day per week; providing that where reclaimed water is available, use of private irrigation wells are not authorized; establishing a specific 2 day per week landscape irrigation schedule for the months of March through November; establishing a 1 day per week irrigation schedule for the months of December through February; providing limitations on the volume of water applied during the specified landscape irrigation days; providing that a local government landscape irrigation ordinance may not include more restrictive or expansive provisions than those set forth in paragraphs 40C-2.042(2)(a)-(c), F.A.C.; and revising the Applicant’s Handbook: Consumptive Uses of Water, to reflect these changes.
SUBJECT AREA TO BE ADDRESSED: Amendments to General Permit By Rule and related Applicant’s Handbook: Consumptive Uses of Water, provisions regarding irrigation regulation.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.118, 373.219, 373.223, 373.250, 373.609 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 7, 2008, 10:00 a.m. – 12:00 Noon
PLACE: Seminole County Commission Chambers, 1101 East First Street, Sanford, FL 32771
DATE AND TIME: May 8, 2008, 10:00 a.m. – 12:00 Noon
PLACE: Indian River County Commission Chambers, 1801 27th Street, Building A, Vero Beach, FL 32960
DATE AND TIME: May 21, 2008, 10:00 a.m. – 12:00 Noon
PLACE: Lake County Commission Chambers, 315 West Main St., Tavares, FL 32778
DATE AND TIME: May 28, 2008, 10:00 a.m. – 12:00 Noon
PLACE: Department of Environmental Protection, 7825 Baymeadows Way, Rooms A and B, Jacksonville, FL 32256
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]

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 of water, 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, and provided the amount of water used is limited to only that necessary for efficient utilization.  Such water use shall be subject to the following exceptions:

(a) No change.

(b) The use 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.

(b)(d) Irrigation is allowed at any time of day for one 30 day period following planting of agricultural crops or nursery stock, provided that the irrigation is limited to the minimum amount necessary for crop or plant establishment. Irrigation of new recreational areas and newly seeded or sprigged golf course areas is allowed at any time of day for one 60-day period.

(c)(e) Chemigation and fertigation are allowed on any at any time of day one time per week, provided these activities do not occur between the hours of 10:00 a.m. and 4:00 p.m. and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours.

(d)(f) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed anytime within 24 hours of application.  Watering in of chemicals shall not exceed 1/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

(e)(g) Irrigation systems may be operated anytime of day for maintenance and repair purposes not to exceed ten minutes per hour per zone, but such operation shall not occur more than one time per week.

(h) through (n) renumbered (f) 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 of water 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. During the months of March through November, landscape irrigation systems shall apply no more than ½ inch of water and shall be operated no more than 30 minutes per zone, in accordance with the following schedule:

a. For residential landscape, irrigation at even numbered addresses shall occur only on Tuesday and Saturday and not between 10:00 a.m. and 4:00 p.m.; and

b. For residential landscape, irrigation at odd numbered addresses or no address may occur only on Wednesday and Sunday and not between 10:00 a.m. and 4:00 p.m.; and

c. Non-residential landscape irrigation may occur only on Monday and Friday and not between 10:00 a.m. and 4:00 p.m.

2. During the months of December through February, landscape irrigation systems shall apply no more than 3/4 inch of water and shall be operated no more than 45 minutes per zone, in accordance with the following schedule:

a. For residential landscape, irrigation at even numbered addresses shall occur only on Tuesday and not between 10:00 a.m. and 4:00 p.m.; and

b. For residential landscape, irrigation at odd numbered addresses or no address may occur only on Wednesday and not between 10:00 a.m. and 4:00 p.m.; and

c. Non-residential landscape irrigation may occur only on Monday and not between 10:00 a.m. and 4:00 p.m.

3. All landscape irrigation shall be limited to only that needed to meet landscape needs.

4. Where reclaimed water is available, the use of private irrigation wells for landscape irrigation is not authorized under this subsection.

5. 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.

(b) 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. For purposes of this rule, a micro-irrigation system is a micro-spray, micro-jet or drip irrigation system.  For the purposes of this rule, the term “residential” means any housing unit with sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units, mobile homes and trailer spaces, but excluding commercial or transient housing units such as hotel and motel units.

(c) Landscape irrigation shall be subject to the following exceptions:

1. Irrigation using a micro-irrigation system is allowed anytime provided the amount of water used is limited to only that necessary for efficient utilization.

2. Irrigation of new landscape is allowed on Monday through Friday at any time of day on any day for the initial 30 days following installation and on Monday, Wednesday and Friday and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.

3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed anytime within 24 hours of application.  Watering in of chemicals shall not exceed 1/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

4. Irrigation systems may be operated anytime of day for maintenance and repair purposes not to exceed ten minutes per hour per zone but such operation shall not occur more than one time per week.

5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed anytime, provided the amount of water used is limited to only that necessary for efficient utilization.

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.

(d)(b)1.  A local government may enforce, and is strongly encouraged to enforce, paragraphs (2)(a)-(c) within its jurisdiction by adopting a landscape irrigation an ordinance that incorporates each of the incorporates these provisions set forth in paragraphs (2)(a)-(c). However, a local government ordinance may not include provisions that are more restrictive or expansive than the provisions set forth in paragraphs (2)(a)-(c).  If the local government chooses to identify specific days on which landscape irrigation will occur, then the schedule within the ordinance shall be:

a. Landscape irrigation at odd numbered addresses must only occur on Wednesday and Saturday; and

b. Landscape irrigation at even numbered addresses or no address must only occur on Thursday and Sunday.

c.  Non-residential landscape irrigation may be designated on two alternative days other than those combinations in subparagraphs a. or b. above to address utility system-related demands.

2. through 3.  No change.

4. Where a local government has adopted a landscape irrigation ordinance, iIf the strict application of the uniformly required “day of week” schedule for specified “day of week” limitations would lead to unreasonable or unfair results in particular instances, the local government may grant a variance from the specific days for landscape irrigation identified in subparagraphs (2)(a)(b)1. and 2., provided that the applicant demonstrates with particularity that compliance with the schedule of days for landscape irrigation will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant.  Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days than other zones of the property.  However, no single zone may be irrigated more than 2 days per week during the months of March through November and no more than 1 day per week during the months of December through February days a week. Local governments shall not grant a variance from any other provision of this rule.

5. No change.

(c) All variances for landscape irrigation from Water Shortage Order F.O.R. 2000-62 that have not expired as of the effective date of this rule shall be automatically extended for a 2-year time period in accordance with the terms and conditions of the variance.  No other changes to the terms and conditions of the variances shall be allowed. Landscape irrigation activities not authorized pursuant to a variance extension or elsewhere in this rule will require a standard general permit.

(e)(d)  No change.

(3) through (7)  No change.

(8) The Board hereby grants a general permit to each person located within the District to withdraw groundwater from a well solely to irrigate a total of one acre or less of landscape on contiguous property, provided the withdrawal does not meet or exceed any thresholds of paragraphs 40C-2.041(1)(a)-(c), F.A.C. Where reclaimed water is available, the use of private irrigation wells for landscape irrigation is not authorized under this section. This permit is subject to all the requirements in paragraph (2)(a) and the exceptions in subparagraphs (2)(c)1.-6. (2)(a)1.-8.

Specific requirements will be listed as conditions of these permits.

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,________.

APPLICANT’S HANDBOOK SECTIONS:

16.0 General Conditions

(a) through (h)  No change.

(i) All landscape irrigation shall be in conformity with the requirements set forth in District subsection 40C-2.042(2), F.A.C., unless otherwise authorized by permit.

17.0 General Conditions by Type of Use

17.1 Public Supply-Type Uses

The following general conditions are generally applied to permits for public supply-type uses:

(a) through (d)  No change.

(e) Landscape irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m., and shall not occur more than two days per week except as follows:

1. Irrigation using a micro-irrigation system is allowed anytime.

2. The use of reclaimed water for irrigation is allowed anytime.

3. Irrigation of new landscape is allowed any time of day or any day for the initial 30 days and every other day for the next 30 days for a total of one 60 day period provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.

4. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed anytime within 24 hours of application.

5. Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone.

(e)(f) The water conservation plan submitted to the District on (date), must be implemented in accordance with the implementation schedule contained therein.

17.2 and 17.3  No change.

17.4 Agricultural Uses

The following conditions are generally applied to individual permits for agricultural-type uses:

(a) The allocations stated above may be exceeded when the permittee must use water for freeze protection. Freeze protection is defined as the periodic and infrequent use of water to protect agricultural and nursery crops from permanent damage due to low temperatures. This action would be taken in response to forecasts of freezing temperatures by weather forecasting services. The permittee must maintain records of when water withdrawals for freeze protection are taking place, including the date of such withdrawal, duration of each withdrawal, and the rate at which withdrawals are taking place. These records must be submitted along with any required withdrawal records.

(b) Irrigation of agricultural crops is prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as follows:

1. Irrigation using a micro-irrigation system is allowed anytime.

2. The use of reclaimed water for irrigation is allowed anytime.

3. The use of recycled water from wet detention treatment ponds to irrigate agricultural crops is allowed anytime provided the ponds are not augmented from any ground or off-site surface water sources.

4. Irrigation is allowed any time of day for one 30 day period following planting of agricultural crops, provided that the irrigation is limited to the minimum amount necessary for crop or plant establishment.

5. Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours.

6. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer or best management practices is allowed anytime within 24 hours of application.

7. Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone.

8. Irrigation of agricultural crops by seepage systems which regulate off-site discharges through the use of water control structures is allowed anytime, provided the discharge does not overtop the control structure by more than one-half inch, the structure is well maintained, and there is no discharge between 1:00 p.m. and 7:00 p.m. unless associated with a storm event.

9. The use of water to protect agricultural crops from frost or freeze damage is allowed when freezing temperatures or frost are predicted by an official weather forecasting service.

10. The use of water to protect agricultural crops from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per zone or one twenty minute period per day, whichever is applicable.

11. Irrigation of agricultural crops by traveling volume guns which require manual repositioning is allowed anytime.

(b)(c) The water conservation plan submitted to the District on (date), must be implemented in accordance with the implementation schedule contained therein.

17.5 Nursery Use

The following conditions is are generally applied to individual permits for nursery-type uses:

(a) Irrigation of nursery plants is prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as follows:

1. Irrigation using a micro-irrigation system is allowed anytime.

2. The use of reclaimed water for irrigation is allowed anytime.

3. The use of recycled water from wet detention treatment ponds to irrigate nursery plants is allowed anytime provided the ponds are not augmented from any ground or off-site surface water sources.

4. Irrigation is allowed any time of day for one 30 day period following planting of nursery stock provided that the irrigation is limited to the minimum amount necessary for plant establishment.

5. Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours.

6. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer or best management practices is allowed anytime within 24 hours of application.

7. Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone.

8. The use of water to protect nursery plants from frost or freeze damage is allowed when freezing temperatures or frost are predicted by an official weather forecasting service.

9. The use of water to protect nursery plants from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per zone or one twenty minute period per day.

(b) The water conservation plan submitted to the District on (date), must be implemented in accordance with the implementation schedule contained therein.

17.6 No change.

17.7 Golf Course/Recreation Use

The following conditions is are generally applied to individual permits for golf course-type uses and recreation-type uses:

(a) Golf course and recreational irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as follows:

1. Irrigation using a micro-irrigation system is allowed anytime.

2. Facilities using reclaimed water for irrigation may do so anytime.

3. The use of recycled water from wet detention treatment ponds to irrigate golf courses and recreational areas is allowed anytime provided the ponds are not augmented from any ground or off-site surface water sources.

4. Irrigation of, or in preparation for planting, new golf courses and recreational areas is allowed at any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment. Irrigation of newly seeded or sprigged golf course areas is allowed any time of day for one 60 day period.

5. Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours.

6. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer or best management practices is allowed anytime within 24 hours of application.

7. Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone.

8. The use of water to protect golf course turf from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per zone.

(b) The water conservation plan submitted to the District on (date), must be implemented in accordance with the implementation schedule contained therein.