40D-22.303. Variances and Waivers  


Effective on Wednesday, February 4, 2015
  • 1(1) Users may request relief from the provisions of Chapter 40D-22, F.A.C., by following the procedures outlined in Rule 2040D-1.1002, 21F.A.C., in accordance with Section 26120.542, F.S., 28and Chapter 28-104, F.A.C.

    32(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:

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

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

    90(c) A public or private water system experiencing, or anticipating, pressure problems associated with subsection 10540D-22.201(4), 106F.A.C.

    107(d) 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 13740D-22.201(4)(a)-138(d), F.A.C.

    140(e) A variance granted in accordance with Section 148373.62(7), F.S.

    150(3) A variance is invalid if it has expired or if the property owner or agent violates terms of the variance.

    171(4) Users requiring relief from a local government’s water conservation measures must petition that local government for relief.

    189Rulemaking Authority 191120.542, 192373.044, 193373.113, 194373.171 FS. 196Law Implemented 198120.542, 199373.119, 200373.171, 201373.175(4), 202373.246(7), 203373.609 FS. 205History–New 9-15-03, Amended 12-7-10, 2-4-15.

     

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