Water Use Restrictions in a Water Shortage Emergency, Implementing a Water Shortage Emergency Declaration, Phase III: Extreme Water Shortage, Phase IV: Critical Water Shortage.

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-21.371: Water Use Restrictions in a Water Shortage Emergency
40D-21.391: Implementing a Water Shortage Emergency Declaration
40D-21.641: Phase III: Extreme Water Shortage
40D-21.651: Phase IV: Critical Water Shortage.

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 10, March 9, 2012 issue of the Florida Administrative Weekly.

40D-21.371 Actions During a Water Shortage Emergency.

(1) When the need for a Water Shortage Emergency has been declared identified, the Executive Director will issue orders containing water use restrictions and other required or authorized actions deemed necessary to address the emergency. Examples of the required or allowed actions include 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.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.246 FS. History–New 11-19-84, Amended 4-9-06,________.

 

40D-21.391 Implementing a Water Shortage Emergency Declaration.

(1) When the need for a Water Shortage Emergency has been declared identified pursuant to Rule 40D-21.331, F.A.C, the Executive Director shall may issue orders pursuant to the emergency provision of Section 373.119, F.S. Prior notice is not required for issuance of Water Shortage Emergency orders.

(a) through (b) No change.

(2) No change.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.246 FS. History–New 11-19-84, Amended 4-9-06,________.

 

40D-21.641 Phase III: Extreme Water Shortage.

(1) through (2) No change.

(3) Essential Uses.

(a) No change.

(b) Water Utility Use.

In addition to the requirements of the applicable Water Use Permit, the following restrictions and other required actions shall apply to all Water Utility Uses, as appropriate:

1. No change.

2. Each public supply water system, except wholesale-only systems, shall provide, directly or through the appropriate local agency, the following enforcement assistance:

a. No change.

b. No change.

c. Issuance of a citation, without needing to first issue a warning, in response to any violation that occurs more than 14 days after the effective date of a Phase III Water Shortage order declaration. Warnings are authorized in lieu of citations if the violation is not witnessed or otherwise confirmed by the local enforcement agency’s employee or authorized agent, or if the local enforcement agency determines that there are extenuating circumstances which warrant a one-time forbearance.

3. through 5. No change.

(c) No change.

(4) Commercial and Industrial Use

In addition to the requirements of the applicable Water Use Permit, the following water use restrictions and other required actions response mechanisms shall apply to all commercial and industrial use, as appropriate, including efforts that go beyond normally applicable Water Use Permit requirements, as appropriate. Whether or not a commercial or industrial 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) through (i) No change.

(5) through (7) No change.

Rulemaking Specific 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,________.

 

40D-21.651 Phase IV: Critical Water Shortage.

(1) through (2) No change.

(3) Essential Uses

(a) No change.

(b) Water Utility Use.

Water Utility Uses shall be subject to paragraph 40D-21.641(3)(b), F.A.C., with the following modifications:

1. through 3. No change.

4. Except for wholesale-only systems, take the following additional enforcement assistance steps:

a. Place temporary limits on to potable water service in response to a location-specific request from the District to remedy a violation of this Chapter that the District has determined is causing, or is likely to cause, a public health hazard or property damage. These limits do not necessarily involve suspension of service; however, at a minimum, such limits shall involve constraining the user to the amount of water necessary for reasonable Indoor Uses or assessing the user a punitive surcharge for any amount of water beyond that necessary for reasonable Indoor Uses. One example of such a limitation is the assessment of a surcharge for any amount of water utilized beyond that necessary for reasonable Indoor Uses. The applicable public supply water utility system shall determine the limitation method and may consider any mitigating circumstances when determining what constitutes reasonable Indoor Uses for a specific customer, such as the number of persons in the household or medical needs.

b. No change.

(4) through (7) No change.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.185, 373.227, 373.246, 373.609 FS. History–New 4-9-06, Amended_______.