The proposed amendments will: 1) eliminate exemptions for water used at single family dwellings or duplexes for home lawn and ornamental irrigation, car washing, and other incidental uses; 2) institute provisions for a general permit by rule for ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-2.051: Exemptions
40E-2.061: No-Notice General Permit by Rule
40E-2.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The proposed amendments will: 1) eliminate exemptions for water used at single family dwellings or duplexes for home lawn and ornamental irrigation, car washing, and other incidental uses; 2) institute provisions for a general permit by rule for outdoor residential consumptive use of water; and 3) amend water conservation requirements consistent with ongoing rule amendments for mandatory year-round landscape irrigation measures.
SUBJECT AREA TO BE ADDRESSED: Exemptions for water used at single family dwellings or duplexes for home lawn and ornamental irrigation, car washing, and other incidental uses and No-Notice General Permit by Rule.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jesus Rodriguez, Lead Water Conservation Officer, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416 4680, telephone [phone], extension 6060 or [phone], email: [e-mail]. For procedural issues contact Jan Sluth, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, extension 6299, or [phone], email: [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-2.051 Exemptions.

(1) through (2) No change.

(3) Water used at a single family dwelling or duplex including but not limited to home lawn and ornamental irrigation, car washing, and other incidental uses provided that water is obtained from one withdrawal facility for each single family dwelling or duplex.

Specific Authority 373.044, 373.113, 373.171, FS. Law Implemented 373.219 FS. History–New 9-3-81, Formerly 16K-2.025, Amended 2-24-85, 4-20-94,_________.

 

40E-2.061 No-Notice General Permit by Rule.

(1) The Board hereby grants a general water use permit by rule to each person within the District to use, withdraw, or divert water at a single family dwelling including but not limited to home lawn and ornamental irrigation, car washing, and other incidental uses provided that water is obtained from one withdrawal facility for each single family dwelling or duplex.

(2) The filing of an application for a permit under this rule is not required.

(3) Persons using or proposing to use water in a manner not authorized under this section must obtain a permit pursuant to Chapters 40E-2 and 40E-20, F.A.C.

(4) Permits issued pursuant to this rule shall comply with Rules 40E-21, 40E-24, F.A.C.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.219, 373.223 FS. History–New_________.

 

40E-2.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – ____________ February 13, 2008”, is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08,________.

 

“Basis of Review for Water Use Permit Applications Within the South Florida Water Management District” Section 2.6.1(A)

All public water supply utilities applying for an individual permit are required to develop and implement a water conservation plan. The water conservation elements of each plan need to be identified as part of the application. A timetable outlining the implementation schedule of each of the required water conservation elements will be required to be submitted or shown to already exist prior to issuance or renewal of a public water supply water use permit. The conservation plan shall be prepared and implemented for the service area incorporating, at a minimum, the following mandatory components. For those components which require ordinance adoption, such ordinance should incorporate the entire boundary of the enacting jurisdiction. The Permittee shall provide a copy of the ordinances for each of the mandatory elements for which ordinances are adopted. The mandatory water conservation elements are as follows:

A. The limitation of all lawn and ornamental irrigation to the hours and days specified in Rule 40E-24.201, F.A.C., at a minimum, of 4:00 p.m. to 10:00 a.m. The permit Applicant or enacting local government may adopt an ordinance which includes exemptions from the irrigation hour restrictions for the following circumstances, irrigation systems and/or users:

1. Irrigation using a micro-irrigation system;

2. Reclaimed water end users;

3. Preparation for or irrigation of new landscape;

4. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, recommended by the manufacturer, or constituting best management practices;

5. Maintenance and repair of irrigation systems;

6. Irrigation using low volume hand watering, including watering by one hose attended by one person, fitted with a self-canceling or automatic shutoff nozzle or both or

7. Users irrigating with 75% or more water recovered or derived from an aquifer storage and recovery system.

B. through I. No change.