HomeMy WebLinkAboutDocumentation_Regular_Tab 8B_10/11/2001 MEMORANDUM
TO: Mary Wolcott, Village Clerk
FROM: Councilmember Sharon D. Walker53)
DATE: October 3, 2001
RE: Request for Resolution to Recommend Water Conservation
Pursuant to Council's agreement during the Special Council Meeting of
September 27, 2001 , please find attached materials regarding the above
captioned subject for inclusion on Council's agenda of October 11, 2001.
As always, if you have any questions or require additional information,
please do not hesitate to contact me.
MEMORANDUM
To: Village Council
FROM: Councilmember Sharon D. Walker
DATE: October 5, 2001
RE: Request for Resolution Recommending Continued
Water Conservation
As we all know, the South Florida Water Management District issued an
Executive Order (copy attached) on September 25, 2001 easing the
Phase II water restrictions for 21 public water utilities that use
alternative water sources. The Village of Tequesta was one of those
utilities.
While rewarding utilities for supplying water with alternative water
supplies, the Water Management District, in their press release of
September 20 (copy attached) requested that municipalities
"...should follow their local water conservation ordinance
requirements, which, in general, prohibit irrigation between 9 a.m.
and 5 p.m."
Further, the Water Management District stated the following:
"Although Lake Okeechobee is 13.39 feet above sea level today
and is rising, it continues to be below normal for this time of year.
Below normal rainfall for the upcoming dry season could again
significantly deplete the regional water source for the next year.
The District encourages homeowners and businesses to continue
practicing effective water conservation."
The Village of Tequesta has always been an environmentally aware
community. Being predominately a peninsula, Tequesta has taken extra
steps over the years to preserve and protect our water supplies and we
have been proactive in the development of a reverse osmosis water
treatment plant.
In light of the unknown future effects of this past two years drought and
the possibility of another upcoming dry season, I request Council
consideration of a resolution requesting residents and businesses
continue their conservation of water, whether it be private well water or
city water.
If agreed to, I also request that a conservation request be printed on the
next three months of water bills; that a notice be placed in
SmokeSignals; and that the Administration request the Jupiter Courier
and the Palm Beach Post write a small article about this effort in an
upcoming issue.
News Releases from the South Florida Water Management District -English Page 1 of 6
Posted Thursday, September 20,2001 x•ram t .s j tto .
AnEtaa Sewell
SFWMD Director of Communications
Contact: Randy 'with (561) 682-6197 or(561)607,-3166 (pager)
UTILITIES REWARDED FOR INVESTMENT IN
ALTERNATIVE WATER SOURCES
Restrictions eased for 21 utilities in five counties — effective Sept. 20
In an effort to reward public water utilities that use alternative sources of
water and to provide incentives for continuing development of
alternative water supplies to relieve dependence on drought-stressed
water supply sources such as Lake Okeechobee and the Everglades,
South Florida Water Management District Executive Director Henry
Dean signed an executive order that eases water restrictions for 21 public
water supply utilities and their service areas effective today. Specifically,
the order applies to public water supply utilities within areas of
southeastern and southwestern Florida that used 20 percent or more in
alternative water supplies and do not use Lake Okeechobee as their
primary source of supply or have local water resource concerns.
Examples of alternative water sources include reverse osmosis, aquifer
storage and recovery systems and reclaimed water.
In order to determine which utilities would qualify for this action,
District staff looked at the amount of water withdrawn during the water
year 2000. If more than 20 percent of the annual use was produced by an
alternative supply source,the utility qualifies under this order.
"These progressive utilities have made significant investments in
alternative water supplies, which, in turn, help protect our regional water
supply system," Dean said. "This order rewards them for their leadership
in implementing these tremendous conservation efforts."
SFWMD water restrictions for identified utilities located in the Lower
East Coast region (see chart below)are removed by the order. In addition
to utility customers, the order also applies to single-family homeowners
or duplexes that use private wells within the affected utility service areas.
Residents within these service areas should follow their local water
conservation ordinance requirements, which, in general, prohibit
irrigation between 9 a.m. and 5 p.m.
Water restrictions for identified utilities in the Lower West Coast(see
chart below)will be eased from Modified Phase II restrictions to
Modified Phase I restrictions. Under Modified Phase I restrictions,
landscape irrigation will be allowed two days per week (Wednesday and
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News Releases from the South Florida Water Management District -English Page 2 of 6
Saturday for odd addresses; Thursday and Sunday for even addresses)
from 12:01 a.m. to 9:00 a.m. and from 5:00 p.m. to 12:00 p.m. As above,
the order also applies to single-family homeowners or duplexes that use
private wells within the affected utility service areas.
Existing Modified Phase H water restrictions remain in effect in areas not
affected by this order. In addition, water restrictions for large,
consumptive use permit holders, such as golf courses, recreational
facilities, common area landscape and nursery irrigation, are not
rescinded and remain on modified Phase II restrictions.
Utilities and their service areas affected by the order to ease water
restrictions include:
Lower East Coast Utilities - Area Served
Restrictions removed
Palm Beach County
Palm Beach County Utilities West Palm Beach
Seacoast Utility Authority Palm Beach Gardens
Seminole Improvement District Loxahatchee
Village Utilities of Royal Palm Royal Palm Beach
Town of Jupiter Jupiter
Village of Tequesta Tequesta
Village of Wellington/Acme
Improvement District Wellington
Broward County
Northern Broward County
Broward County/North Regional (Coconut Creek and
Lighthouse Point)
Miami-Dade County
City of Homestead Homestead
Lower West Coast Utilities- Area Served
Modified Phase I
Lee County
Lee County Utilities Fort Myers
Greater Pine Island Water Association Pine Island
Burgess Island Club Bokeelia
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News Releases from the South Florida Water Management District-English Page 3 of 6
City of Cape Coral Cape Coral
Bonita Springs Utilities Bonita Springs
Island Water Association Sanibel
Lehigh Acres Development, Inc. Lehigh Acres
Collier County
Collier County Public Works Unincorporated Collier
Department County •
Florida Water Services Corp. Marco Island
Florida Governmental Utility Authority Golden Gate -Collier
County
Immokalee Water& Sewer District Immokalee
City of Naples Naples
See Lower West Coast Map
The District will consider variance requests from other utilities also
utilizing alternative water sources.
This order does not affect local government water shortage or
conservation ordinances. Local year-round ordinances vary by county
and municipality. Although Lake Okeechobee is 13.39 feet above sea
level today and is rising, it continues to be below normal for this time of
year. Below normal rainfall for the upcoming dry season could again
significantly deplete the regional water source for next year. The District
encourages homeowners and businesses to continue practicing effective
water conservation.
For additional information, residents and businesses should call their
local public water utility or the District's citizen information line at
(800)-662-8876. For more information, please visit the District's Web
site at www.sfwmd.goy, click on the "Water Shortage" link.
See the Executive Order(31 pages, 497K PDF)
http://141.232.1.11/newsr/3_newsrel.html 9/25/2001
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road 4;;; ,�L; , t�=t 5
West Palm Beach, Florida 33406 �` `s' "`' j ,�
IN THE MATTER OF: Order No. 2001-505 DAO-WS
Modification of Order No. 2001-48-DAO-WS,
(Declaration of Emergency and Declaration of
Emergency Water Shortage Restrictions for the Lower
East Coast Area, the Lake Okeechobee Service Area,
and the Lower West Coast Area (March 28, 2001))
MODIFICATION OF ORDER NO. 2001-48-DAO-WS, DECLARATION OF
EMERGENCY AND DECLARATION OF EMERGENCY WATER SHORTAGE
RESTRICTIONS FOR THE LOWER EAST COAST AREA, THE LAKE OKEECHOBEE
SERVICE AREA, AND THE LOWER WEST COAST AREA
The Executive Director of the South Florida Water Management District,
(hereinafter "District") after considering recommendations of District staff and being
otherwise fully apprised of the matter, issues this ORDER, pursuant to Sections
373.175, and 373.246, Fla. Stat., and Rules 40E-21.231, 40E-21.271, and 40E-21 .291 ,
Florida Administrative Code (F.A.C.), based on the following Findings of Fact and
Ultimate Facts and Conclusions of Law.
FINDINGS OF FACT
1. On March 28, 2001, the Executive Director issued Water Shortage Order No.
2001-48-DAO-WS, with the advice and concurrence of the Governing Board (Water
Shortage Concurrence Order No. 2001-49-DAO-WS) (hereinafter "Order No. 2001-48-
DAO-WS"). Order No. 2001-48-DAO-WS imposed Modified Phase II Restrictions for
the Lower East Coast Area, the Lake Okeechobee Service Area, and the Lower West
^.oast Area, including all or portions of Monroe, Miami-Dade, Broward, Palm Beach,
Okeechobee, Glades, Lee, Collier, Hendry.
2. The water sources subject to Order No. 2001-48-DAO-WS are groundwater of
the Surficial Aquifer, which includes the Biscayne Aquifer, in the Lower East Coast
Area; groundwater of the Water Table, Lower Tamiami, Sandstone, and Mid-Hawthorn
Aquifers in the Lower West Coast Area; Lake Okeechobee and connected surface
waters within the Lake Okeechobee Service Area; surface waters in the Lower East
Coast Area dependent upon water deliveries through the regional system from Lake
Okeechobee; and surface waters within the water use basins of the Lower West Coast
Area.
3. Since the effective date of Order No. 2001-48-DAO-WS, the District has issued
Dveral variances from its requirements, pursuant to Rule 40E-21.275, Fla. Admin.
Code.
4. As of September 19, 2001 , the level of Lake Okeechobee was 13.30 feet NGVD,
and is rising in response to wet season rainfall. However, this level continues to be
below normal for this time of year. Aquifer levels are currently at or above seasonal
normal levels for the wet season within the Lower West Coast and Lower East Coast
Areas.
5. The Lower West Coast Region has little above ground storage that is capable of
providing recharge to the shallow aquifer systems in the region. As a result, water
restrictions have been reoccurring. During the last five years, all or portions of the
Lower West Coast Area have been under water restrictions four separate times.
6. Certain public water supply utilities currently within areas that are subject to
Order No. 2001-48-DAO-WS have made significant investments in alternative water
supplies, such as desalinization of saline water through reverse osmosis, increasing
storage through Aquifer Storage & Recovery Systems ("ASR"), and providing additional
water supply through reuse of domestic waste water. Specifically, within the areas
subject to Order No. 2001-48-DAO-WS there are twenty-one (21) utilities that utilize
significant amounts of alternative water supplies.
7. The Governing Board has directed staff to encourage the use of alternative
sources through various means. One such method is to provide some relief from water
shortage cutbacks when water conditions warrant. Utilities that have used twenty
percent (20%) or more of the water pumped to serve their service areas during normal
operations, as defined by the period between October 1, 1999 and September 31, 2000,
are affected by this ORDER.
8. Based on the current conditions of the water resources as described herein, a
reduction in water restrictions that apply to the Lower East Coast utilities listed in
Exhibits 1A and 2A, and the Lower West Coast utilities identified in Exhibits 1B and 2B
, is warranted. Exhibits 1A and B, which apply to the Lower East Coast Region, and
Exhibits 2A and B, which apply to the Lower West Coast, are incorporated herein.
9. The Governing Board recognizes that other utilities have implemented alternative
supply measures to some degree or may have increased use of these alternative
supplies more recently (since 2000) to a degree some additional relief from existing
restrictions may be considered. Requests for relief from water restrictions may be
considered under the variance procedures described in Rule 40E-21.291 F.A.C.
ULTIMATE FACTS AND CONCLUSIONS OF LAW
10. Section 373.246, F.S. authorizes the Governing Board to adopt a water shortage
plan to regulate the withdrawal and use of water so as to protect the water resources of
the District. Chapter 40E-21, F.A.C., is the water shortage plan adopted by the
Governing Board. Section 373.246(3), F.S., authorizes the Governing Board to impose
restrictions on one or more classes of water uses as may be necessary to protect the
water resources of the District from serious harm and to restore them to their previous
condition.
11. Rule 40E-21.271(2), F.A.C., authorizes the Governing Board to order the water
se restrictions specified in Chapter 40E-21, Part V, F.A.C., for the appropriate water
shortage phase for each affected source class.- The Governing Board may order any
combination in lieu of or in addition to the restrictions specified in Part V, by use or
method of withdrawal class, within each source class, if necessary to achieve the
percent reduction in overall demand.
12. The Executive Director or his designee has the ability to temporarily grant an
application requesting a variance from a Water Shortage Order pursuant to Rule 40E-
21.275(5)(b), F.A.C. Under Rule 40E-21 .275(3)(b), Fla. Admin. Code, the Governing
Board of the SFWMD has the authority to concur, reject, or modify any temporary
variances granted by the Executive Director or his designee.
13. Pursuant to Rule 40E-21 .291, F.A.C., a declaration of water shortage and any
provision or restriction adopted pursuant thereto may be modified or rescinded by the
Executive Director, with Governing Board concurrence, if several circumstances are
present. First, a declaration of water shortage by the Governing Board must be in
effect. Water Shortage Order No. 2001-48-DAO-WS was declared on March 28, 2001
by the Executive Director, and the Governing Board issued its Order of concurrence on
March 27, 2001.
14. Secondly, the order at issue, Order No. 2001-48-DAO-WS, must delegate to the
Executive Director the authority to modify or rescind the existing water shortage
restrictions. Such authorization is included in Order No. 2001-48-DAO-WS.
15. Under Rule 40E-21-291, F.A.C., the District's monitoring of water conditions and
plan implementation must reasonably demonstrate that a modification or rescission of
the Governing Board's declaration of water shortage is warranted and necessary.
16. Staff has assessed the resource conditions as well as the particular capability of
the specified public water supply utilities to substantially rely upon alternative sources
that are not dependent upon regional system water availability.
17. In making this assessment, staff relied upon the factors listed in Rule 40E-
21 .221, F.A.C., to evaluate the conditions of the water resource. Rules 40E-
21 .221(3)(a)3. and 7., F.A.C., indicate present and anticipated water supply is to be
estimated for each source class by examining several factors, including the extent to
which water may be transferred from one source class to another. Rules 40E-
21.221(b)5. and 6., F.A.C., indicate present and anticipated user demands are to be
c,stimated for each source class considering the extent to which user demands may be
met from other source classes, as well as other factors affecting demand.
18. Staff has monitored the water conditions and the water use practices of public
water supply utilities that rely on twenty percent or more on alternative water supply
sources and do not rely on Lake Okeechobee as a primary source of supply. The
Executive Director has determined modification of restrictions currently applicable to
those public water supply utilities will provide a reward for and encourage the
diversification of supply sources to those alternative sources.
ORDER
Based upon the above Findings of Fact, Ultimate Facts and Conclusions of Law,
the Executive Director takes the following actions:
A. For the Lower East Coast Area, for the duration of Order No. 2001-
48-DAO-WS, water shortage restrictions for all water users who derive
their supply of water from the public water supply utilities listed in Exhibit
1A, located within the service areas described in Exhibit 1B, are hereby
rescinded. In addition, water shortage restrictions are hereby rescinded
for single family or duplex residential uses supplied by private wells within
the subject service areas. Other use classes that are not served by the
designated public water supply utilities, such as golf course, recreational,
common area landscape and nursery irrigation uses, with separately held
individual or general water use permits, shall continue to comply with the
Modified Phase II restrictions as set forth in Order No. 2001-48-DAO-WS.
B. In the Lower West Coast Area, for the duration of Order No.
2001-48-DAO-WS, water shortage restrictions for all water users who
derive their supply of water from the public water supply utilities listed in
Exhibit 2A, located within the service areas identified in Exhibit 2B, are
hereby modified from the Modified Phase II restrictions to Modified Phase
I restrictions. Modified Phase I restrictions are those set forth in Rule 40E-
21.521, F.A.C. (Exhibit 3), modified as follows:
The Urban Irrigation Use Class shall remain on the two day per
week schedule as described in District Rule 40E-21.531 (3)(b) and
(c), F.A.C., except that the hours during which irrigation may be
applied are expanded to 12:01 a.m. to 9:00 a.m., and 5:00 p.m. to
12:00 p.m., on the designated water day. In addition, water
shortage restrictions are hereby modified for single family or duplex
residential uses supplied by private wells within the subject service
areas, to Modified Phase 1 restrictions, as described above.
C. Other use classes that are not served by the designated public
water supply utilities, such as golf course, recreational, common area
landscape and nursery irrigation uses, with separately held individual or
general water.use permits, shall continue to comply with the Modified
Phase II restrictions as set forth in Order No. 2001-48-DAO-WS.
D. Utilities must maintain a minimum of 20% reduction in use from the
affected sources through use of an alternative water source and must
communicate the rescission of restrictions directly to the water users. The
use of alternative sources will be based on 20% of total yearly demand.
.E. The District requests that every city and county commission, state
and county attorney, sheriff, police officer and other appropriate local
government official assist in the implementation and enforcement of this
ORDER. The District staff will cooperate with the local governments in
implementing such enforcement measures.
F. Based on existing resource conditions, Order No. 2001-48-DAO-WS, and
concurrence Order No. 2001-49-DAO-WS, remain in effect, except as modified or
rescinded by this ORDER. Any other previous water shortage orders are hereby
rescinded insofar as they conflict with this ORDER.
G. Upon the effective date of this Order, all variances granted, approved, or
temporarily granted by the District under Order No. 2001-48-DAO-WS, for utilities
and water users served by utilities identified in Exhibits 1A and 2A, within the
boundaries identified in Exhibits 1 B and 2B, shall expire, pursuant to Rule 40E-
21 .275(3)(b), F.A.C.
H. Utilities that are using alternative sources of supply at levels below the 20%
criteria as described herein, may apply for a variance pursuant to Rule 40E
21 .275, F.A.C. In reviewing these variance requests under this rule, District staff
will consider the degree to which the utility is advancing the use of alternative
supplies and the degree to which they have been expanding the use such of
alternative supplies.
I. This ORDER may be rescinded or modified by the Governing Board or the
Executive Director as conditions warrant.
J. The modification or rescission of water restrictions imposed by this ORDER
shall become effective at 12:01 a.m. on September 20, 2001.
NOTICE OF RIGHTS
Section 120.569(1), F.S. (1997), requires that "each notice shall inform the recipient of
any administrative hearing or judicial review that is available under this section, s.
120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the
hearing or judicial review, and shall state the time limits which apply." Please note that
this Notice of Rights is not intended to provide legal advice. Not all the legal
proceedings detailed below may be an applicable or appropriate remedy. You may wish
to consult an attorney regarding your legal rights.
Petition for Administrative Proceedings
1. A person whose substantial interests are affected by the South Florida
Water Management District's (SFWMD) action has the right to request an administrative
hearing on that action. The affected person may request-either a formal or an informal
hearing, as set forth below. A point of entry into administrative proceedings is governed
by Rules 28-106.111 and 40E-1.511, F.A.C.; (also published as an exception to the
Uniform Rules of Procedure as Rule 40E-0.109), as set forth below. Petitions are
deemed filed upon receipt of the original documents by the SFWMD Clerk.
a. Formal Administrative Hearing: If a genuine issue(s) of material
fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision
which does or may determine their substantial interests shall file a petition for hearing
pursuant to Sections 120.569 and 120.57(1), F.S. or for mediation pursuant to Section
120.573, F.S. within 21 days, except as provided in subsections c. and d. below, of
either written notice through mail or posting or publication of notice that the SFWMD has
or intends to take final agency action. Petitions must substantially comply with the
requirements of Rule 28-106.201(2), F.A.C., a copy of the which is attached to this
Notice of Rights.
b. Informal Administrative Hearing: If there are no issues of material
fact in dispute, the affected person seeking an informal hearing on a SFWMD decision
which does or may determine their substantial interests shall file a petition for hearing
pursuant to Sections 120.569 and 120.57_(2), F.S. or for mediation pursuant to Section
120.573, F.S. within 21 days, except as provided in subsections c. and d. below, of
-ither written notice through mail or posting or publication of notice that the SFWMD has
,r intends to take final agency action. Petitions must substantially comply with the
requirements of Rule 28-106.301(2), F.A.C., a copy of the which is attached to this
Notice of Rights.
c. Administrative Complaint and Order: If a Respondent objects to
a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, F.S.
(1997), the person named in the Administrative Complaint and Order may file a petition
for a hearing no later than 14 days after the date such order is served. Petitions must
substantially comply with the requirements of either subsection a. or b. above.
d. State Lands Environmental Resource Permit: Pursuant to Section
373.427, F.S., and Rule 40E-1.511(3), F.A.C. (also published as an exception to the
Uniform Rules of Procedure as Rule 40E-0.109(2)(c), a petition objecting to the
SFWMD's agency action regarding consolidated applications for Environmental
Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed
within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions
must substantially comply with the requirements of either subsection a. or b. above.
e. Emergency Authorization and Order: A person whose substantial
interests are affected by a SFWMD Emergency Authorization and Order, has a right to
file a petition under Sections 120.569, 120.57(1), and 120.57(2), F.S., as provided in
subsections a. and b. above. However, the person, or the agent of the person
asponsible for causing or contributing to the emergency conditions shall take whatever
action necessary to cause immediate compliance with the terms of the Emergency
Authorization and Order.
f. Order for Emergency Action: A person whose substantial interests
are affected by a SFWMD Order for Emergency Action has a right to file a petition
pursuant to Rules 28-107.005 and 40E-1.611, F.A.C., copies of which are attached to
this Notice of Rights, and Section 373.119(3), F.S., for a hearing on the Order. Any
subsequent agency action or proposed agency action to initiate a formal revocation
proceeding shall be separately noticed pursuant to section g. below.
g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the
SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a
permit, the permittee may request a hearing to be conducted in accordance with
Sections 120.569 and 120.57, F.S., within 21 days of either written notice through mail
or posting or publication of notice that the SFWMD has or intends to take final agency
action. Petitions must substantially comply with the requirements of Rule 28-107.004(3),
F.A.C., a copy of the which is attached to this Notice of Rights.
2. Because the administrative hearing process is designed to formulate final
agency action, the filing of a petition means that the SFWMD's final action may be
different from the position taken by it previously. Persons whose substantial interests
lay be affected by any such final decision of the SFWMD shall have, pursuant to Rule
.0E-1 .511(2), F.A.C. (also published as an exception to the Uniform Rules of Procedure
as Rule 40E-0.109(2)(c), an additional 21 days from the date of receipt of notice of said
decision to request an administrative hearing. However, the scope of the administrative
hearing shall be limited to the substantial deviation.
3. Pursuant to Rule 40E-1.511(4), F.A.C., substantially affected persons
entitled to a hearing pursuant to Section 120.57(1), F.S., may waive their right to such a
hearing and request an informal hearing before the Governing Board pursuant to
Section 120.57(2), F.S., which may be granted at the option of the Governing Board.
4. Pursuant to Rule 28-106.111(3), F.A.C., persons may file with the SFWMD a
request for extension of time for filing a petition. The SFWMD, for good cause shown,
may grant the extension. The request for extension must contain a certificate that the
petitioner has consulted with all other parties, if any, concerning the extension and that
the SFWMD and all other parties agree to the extension.
CIRCUIT COURT
5. Pursuant to Section 373.617, F.S., any substantially affected person who
claims that final agency action of the SFWMD relating to permit decisions constitutes an
unconstitutional taking of property without just compensation may seek judicial review of
the action in circuit court by filing a civil action in the circuit court in the judicial circuit in
which the affected property is located within 90 days of the rendering of the SFWMD's
final agency action..
6. Pursuant to Section 403.412, F.S., any citizen of Florida may bring an action
for injunctive relief against the SFWMD to compel the.SFWMD to enforce the laws of
Chapter 373, F.S., and Title 40E, F.A.C. The complaining party must file with the
SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is
based and the manner in which the complaining party is affected. If the SFWMD does not
take appropriate action on the complaint within 30 days of receipt, the complaining party
may then file a civil suit for injunctive relief in the 15th Judicial Circuit in and for Palm Beach
County or circuit court in the county where the cause of action allegedly occurred.
7. Pursuant to Section 373.433, F.S., a private citizen of Florida may file suit in
circuit court to require the abatement of any stormwater management system, dam,
impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter
373, F.S.
DISTRICT COURT OF APPEAL
8. Pursuant to Section 120.68, F.S., a party who is adversely affected by final
SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of
appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court
of Appeal or in the appellate district where a party resides and filing a second copy of the
notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action.
?AND AND WATER ADJUDICATORY COMMISSION
9. A party to a "proceeding below" may seek review by the Land and Water
Adjudicatory Commission (LAWAC) of SFWMD's final agency action to determine if
such action is consistent with the provisions and purposes of Chapter 373, F.S.
Pursuant to Section 373.114, F.S., and Rules 42-2.013 and 42-2.0132, F.A.C., a
request for review of (a) an order or rule of the SFWMD must be filed with LAWAC
within 20 days after rendition of the order or adoption of the rule sought to be reviewed;
(b) an order of the Department of Environmental Protection (DEP) requiring amendment
or repeal of a SFWMD rule must be filed with LAWAC within 30 days of rendition of the
DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative
hearing under Section 120.57(1), F.S., must be filed no later than 20 days after rendition
of the SFWMD's final order. Simultaneous with filing, a copy of the request for review
must be served on the DEP Secretary, any person named in the SFWMD or DEP final
order, and all parties to the proceeding below. A copy of Rule 42-2.013, F.A.C. is
attached to this Notice of Rights.
PRIVATE PROPERTY RIGHTS PROTECTION ACT
10. A property owner who alleges a specific action of the SFWMD has
inordinately burdened an existing use of the real property, or a vested right to a specific
use of the real property, may file a claim in the circuit court where the real property is
icated within 1 year of the SFWMD action pursuant to the procedures set forth in
ubsection 70.001(4)(a), F.S.
LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION
11 . A property owner who alleges that a SFWMD development order (as that
term is defined in Section 70.51(2)(a), F.S. to include permits) or SFWMD enforcement
action is unreasonable, or unfairly burdens the use of the real property, may file a
request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or
notice of agency action pursuant to the procedures set forth in Subsections 70.51(4)
and (6), F.S.
MEDIATION
12. A person whose substantial interests are, or may be, affected by the
SFWMD's action may choose mediation as an alternative remedy under Section
120.573, F.S. Pursuant to Rule 28-106.111(2), F.A.C., the petition for mediation shall
be filed within 21 days of either written notice through mail or posting or publication of
notice that the SFWMD has or intends to take final agency action. Choosing mediation
will not affect the right to an administrative hearing if mediation does not result in
settlement.
Pursuant to Rule 28-106.402, F.A.C., the contents of the petition for mediation shall
contain the following information:
(1) the name, address, and telephone number of the person requesting
mediation and that person's representative, if any;
(2) a statement of the preliminary agency action;
(3) an explanation of how the person's substantial interests will be affected by
the agency determination; and
(4) a statement of relief sought.
As provided in Section 120.573, F.S. (1997), the timely agreement of all the parties to
mediate will toll the time limitations imposed by Sections 120.569 and 120.57, F.S., for
requesting and holding an administrative hearing. Unless otherwise agreed by the
parties, the mediation must be concluded within 60 days of the execution of the
agreement. If mediation results in settlement of the dispute, the SFWMD must enter a
final order incorporating the agreement of the parties. Persons whose substantial
interest will be affected by such a modified agency decision have a right to petition for
hearing within 21 days of receipt of the final order in accordance with the requirements
of Sections 120.569 and 120.57, F.S., and SFWMD Rule 28-106.201(2), F.A.C. If
mediation terminates without.settlement of the dispute, the SFWMD shall notify all
parties in writing that the administrative hearing process under Sections 120.569 and
' % 120.57, F.S., remain available for disposition of the dispute, and the notice will specify
the deadlines that then will apply for challenging the agency action.
VARIANCES AND WAIVERS
13. A person who is subject to regulation pursuant to a SFWMD rule and
believes the application of that rule will create a substantial hardship or will violate
principles of fairness (as those terms are defined in Subsection 120.542(2), F.S.) and
can demonstrate that the purpose of the underlying statute will be or has been achieved
by other means, may file a petition with the SFWMD Clerk requesting a variance from or
waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or
extend the time for filing a petition for an administrative hearing or exercising any other
right that a person may have concerning the SFWMD's action. Pursuant to Rule 28-
104.002(2), F.A.C., the petition must include the following information:
(a) the caption shall read:
Petition for (Variance from) or (Waiver of) Rule (Citation)
(b) The name, address, telephone number and any facsimile number
of the petitioner;
(c) The name, address telephone number and any facsimile number of
the attorney or qualified representative of the petitioner, (if any);
(d) the applicable rule or portion of the rule;
(e) the citation to the statue the rule is implementing;
(f) the type of action requested;
(g) the specific facts that demonstrate a substantial hardship or
violation of principals of fairness that would justify a waiver or variance for the petitioner;
(h) the reason why the variance or the waiver requested would serve
the purposes of the underlying statute; and
(i) a statement of whether the variance or waiver is permanent or
temporary, If the variance or waiver is temporary, the petition shall include the dates
indicating the duration of the requested variance or waiver.
A person requesting an emergency variance from or waiver of a SFWMD rule must clearly
so state in the caption of the petition. In addition to the requirements of Section
120.542(5), F.S. pursuant to Rule 28-104.004(2), F.A.C., the petition must also include:
a) the specific facts that make the situation an emergency; and
b) the specific facts to show that the petitioner will suffer immediate
-dverse effect unless the variance or waiver is issued by the SFWMD more
tpeditiously than the applicable timeframes set forth in Section 120.542, F.S.
WAIVER OF RIGHTS
14. Failure to observe the relevant time frames prescribed above will constitute
a waiver of such right.
INITIATION OF PROCEEDINGS (involving disputed issues of material fact)
(28-106.201, F.A.C.)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected and each agency's
file or identification number, if known;
(b) The name, address, and telephone number of the petitioner; the
name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service
purposes during the course of the proceeding, and an explanation
of how the petitioner's substantial interests will be affected by the
agency determination;
(c) A statement of when and how the petitioner received notice of the
agency decision;
(d) A statement of all disputed issues of material fact. If there are
none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, as well as the
rules and statutes which entitle the petitioner to relief; and
(f) A demand for relief.
INITIATION OF PROCEEDINGS (not involving disputed issues of material fact)(28-
106.301, F.A.C.)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected and each agency's
file or identification number, if known;
(b) The name, address, and telephone number of the petitioner; the
name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service
purposes during the course of the proceeding, and an explanation
of how the petitioner's substantial interests will be affected by the
agency determination;
(c) A statement of when and how the petitioner received notice of the
agency decision;
(d) A concise statement of the ultimate facts alleged, as well as the
rules and statutes which entitle the petitioner to relief; and
(e) A demand for relief.
SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (28-107.04, F.A.C.)
(3) Requests for hearing filed in accordance with this rule shall include:
(a) The name and address of the party making the request, for
purposes of service;
(b) A statement that the party is requesting a.hearing involving .
disputed issues of material fact, or a hearing not involving disputed
issues of material fact; and
(c) A reference to the notice, order to show cause, administrative
complaint, or other communication that the party has received from
the agency.
REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (42-2.013,
F.A.C.)
(1) In any proceeding arising under Chapter 373, F.S., review by the Florida
and and Water Adjudicatory Commission may be initiated by the Department or a party
oy filing a request for such review with the Secretary of the Commission and serving a
copy on any person named in the rule or order, and on all parties to the proceeding
which resulted in the order sought to be reviewed. A certificate of service showing
completion of service as required by this subsection shall be a requirement for a
determination of sufficiency under Rule 42-2.0132. Failure to file the request with the
Commission within the time period provided in Rule 42-2.0132 shall result in dismissal
of the request for review.
(2) The request for review shall identify the rule or order requested to be
reviewed, the proceeding in which the rule or order was entered and the nature of the
rule or order. A copy of the rule or order sought to be reviewed shall be attached. The
request for review shall state with particularity.
(a) How the order or rule conflicts with the requirements, provisions
and purposes of Chapter 373, F.S., or rules duly adopted
thereunder;
(b) How the rule or order sought to be reviewed affects the interests of
the party seeking review;
(c) The oral or written statement, sworn or unsworn, which was
submitted to the agency concerning the matter to be reviewed and
the date and location of the statement, if the individual or entity
requesting the review has not participated in a proceeding
previously instituted pursuant to Chapter 120, F.S., on the order for
which review is sought;
(d) If review of an order is being sought, whether and how the activity
authorized by the order would substantially affect natural resources
of statewide or regional significance, or whether the order raises
issues of policy, statutory interpretation, or rule interpretation that
have regional or statewide significance from a standpoint of agency
precedent, and all the factual bases in the record which the
petitioner claims support such determination(s); and
(e) The action requested to be taken by the Commission as a result of
the review, whether to rescind or modify the order, or remand the
proceeding to the water management district for further action, or to
require the water management district to initiate rulemaking to
adopt, amend or repeal a rule.
EMERGENCY ACTION (28-107.005, F.A.C.)
(1) If the agency finds that immediate serious danger to the public health,
safety, or welfare requires emergency action, the agency shall summarily suspend, limit,
or restrict a license.
(2) The 14-day notice requirement of Section 120.569(2)(b), F. S., does not
apply and shall not be construed to prevent a hearing at the earliest time practicable
upon request of an aggrieved party.
(3) Unless otherwise provided by law, within 20 days after emergency action
taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal
suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and
120.60, F.S.
EMERGENCY ACTION (40E-1.611, F.A.C.)
(1) An emergency exists when immediate action is necessary to protect public
health, safety or welfare; the health of animals, fish or aquatic life; the works of the
District; a public water supply, or recreational, commercial, industrial, agricultural or
other reasonable uses of land and water resources.
(2) . The Executive Director may employ the resources of the District to take whatever
remedial action necessary to alleviate the emergency condition without the issuance of
an emergency order, or in the event an emergency order has been issued, after the
expiration of the requisite time for compliance with that order.
DONE and ORDERED this ' Cl '1 day of September 2001, at West
Palm Beach, Palm Beach County, Florida,
SOUTH FLORIDA WATER
���g::•,a�eh, MANAGEMENT DISTRICT
""r;;. 4 BY: ry
• t ;
o - Hen Dean
Executive Director
ATTEST: ,- ,, •,_
d
Secretary
FILED WITH THE CLERK OF THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT
ON: .� �. �a a OO /
BY: &->"77
;a
LEGAL FORM APPROVED /
BY:
LOWER EAST COAST UTILITIES
ACME / WELLINGTON (50-00464-W)
BROWARD COUNTY NORTH REGIONAL (06-00142-W & 06-01634-W)
HOMESTEAD (13-00046-W)
JUPITER (50-00010-W)
PALM BEACH COUNTY UTILITIES (50-00135-W)
ROYAL PALM BEACH (50-00444-W)
SEACOAST UTILITIES (50-00365-W)
SEMINOLE IMPROVEMENT DISTRICT (50-03711-W)
TEQUESTA (50-00046-W)
Exhibit 1 A
LOWER WEST COAST UTILITIES
BONITA SPRINGS UTILITIES (36-00008-W)
BURGESS ISLAND CLUB (36-02998-W)
CAPE CORAL (36-00046-W)
COLLIER COUNTY (11-00249-W & 1 1-01 447-W)
GOLDEN GATE (11-00148-W)
GREATER PINE ISLAND WATER ASSOC. (36-00045-W)
IMMOKALEE (1 1-0001 3-W)
ISLAND WATER ASSOCIATION (36-00034-W)
LEE COUNTY UTILITIES (36-00003-W* & 36-00150-W)
LEHIGH UTILITIES (36-00166-W) -
MARCO ISLAND (11-00080-W & 1 1-01 388-W)
NAPLES (1 1-0001 7-W)
*South portion of service area, served by Corkscrew wellfield.
Exhibit 2A
:. •-:----: ,• - - . • •• ••• ..:-. ••. 710 1
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obee.y!--....,:i VP.,/ ),TA Service Areas
.. . ... .. . ..... ... S.EACOAtT.UTILITIES
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Affected by this Order:
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44
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..................t::::::::::::::::::::::::::::"---- • •'•.•:.......:.,... •:. .
......................................./,.____.--.N.......,,,.... ..
Exhibit 1B
ptember 19,2001
1
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BURGESS ISLAND CLUB
Lee C°1
q .0,A.611111 -WA 8 0
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29
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G.P.I.W.A... • 3
CITY OF CAPE CORAL ` ,
•
, .• , 3 r aw * LEE COUNTY UTILITIES ------tom
BONITA SPRINGS , , .
ip.q.,*.„•% , iSt.:1 ,;-,::..,,.•.,,, -
:..,,,,,,,.?„,:,,,,:.,....1.,..
'd ® IMMOKALEE WATER&SEWER,
ISLAND WATER ASSOCIATION S4 G •
. undaries of Utility a ` ` �' 858
r
w �
Service Areas
Affected by this Order: ,g, x Collier
?
COLLIER COUNTY UTILITIES
LOWER WEST L r k p/ N
� k',z' � GOLDEN GATE
COAST L GATE
s
NAPLES•
1
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— — . County Boundary I�r�r►
— — 41 I
MARCO ISLAND UTILITIES .'`
•
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0 5 10 Miles Exhibit 2B
tember 19,2001
EXHIBIT 3
•
WATER SHORTAGE PLAN G APIER 40 -21 (8/92)
History—New 5-31-82,Amended 2-14-91.
40E-21.521 Phase I Moderate Water Shortage.
The following restrictions shall apply when a phase I water shortage is declared by
the District.
(1) Essential/Domestic/Utility/Commercial
(a) Essential Use
1. The use of water for firefighting, safety, ^station, health and medical
purposes and Fir
essential uses shall not be restricted,
1 2. ire hydrant flushing shall be undertaken only on an elll.rl 6.11‘.y bwia.
3. Sanitary sewer line flushing and testing shall not be restricted except on a
voluntary basis.
(b) Domestic Type Use
1. Residential type domestic use shall be voluntarily reduced to achieve a per
capita consumption of 60 gallons per person per day.
2. Domestic type use in industrial and commercial establishments shall be
voluntarily reduced.
(c) Water Utility Use
1. Initial pressure at the point of use (meter) shall be voluntarily reduced to
levels no greater than 45 pounds per square inch. Upon reduction of pressure, the utility
shall notify the appropriate fire-fighting agencies and make arrangements for direct •
communication when additional pressure is required.
. 2. New water line flushing and disinfection shall be restricted to the hours of 7:00
P.M. to 7;00 A.M. seven days per week.
3. As may be appropriate the utility shall institute additional voluntary
conservation measures such as reclaiming of backwash water, improving and accelerating
leak detection surveys and repair programs, installing and calibrating meters,and stabilizing
and equalizing system.pressures.
(d) Power Production Use
Water used for power production shall be voluntarily reduced.
(e) Commercial and Industrial Process Use •
1. . Commercial car washes shall be restricted as follows:
a - washe'. servicing passenger veh ci. s and mobil. equip.; we.:411;. hs_
than 10,0C.._ r:•ou14s;
- i. use in excess of 75 gallons per wash shall be prohibited and
ii. Use equal to or less than 75 gallons per wash shall be voluntarily reduced;
b. for washes servicing mobile equipment weighing 10,000 pounds or more,
i. use in excess of 150 gallons per wash shall be prohibited and
ii, use equal,to or less than 150 gallons per wash.shall.be voluntarily reduced.
2. Water used for commercial and industrial processes shall be voluntarily
reduced.
3. Water use for cleaning, adjusting and repair of irrigation systems by a licensed
21-17
•
WATER SHORTAGE PLAN
CHAPVER 40E-21 f'8/921
. .
person or entity shall be restricted as foilows:
a. projects one irrigated acre or greater in size shall be limited to one hoUrper
acre per week,
b. projects less than one irrigated acre in size shall be limited to 10 Minutes per
zone per week.
4. Water use for pesticide application under the supervision of.a licensed pest
control operator shall be voluntarily reduced. Under the provisions of this subparagraph,
the applicator nu i,e on the premises when water is applied outside of the hours allowed
for irrigation.
5. Water use for well development under the supervision of a licensed well
contractor shall be voluntarily reduced:
6. Water use for mobile equipment washing by a licensed person or entity shall
be voluntarily reduced.
(f) Diversion and Impoundment into Non-District Facilities •
Water used for diversion and impoundment into non-District facilities Shall -be
voluntarily reduced.
(2) Agriculture
(a) Agricultural Use
1.
Overhead irrigation shall be restricted to the hOurs of 2:00 P.M. to 10:00 A.M.
2. Low volume irrigation hours Shall not be restricted.3. '
All irri,gation zy:,tcrns shall be operated in a manner that will maximize the
percentage of water withdrawn and held which is placed in the root zone of the crop and
will minimize the amount of water which is withdrawn and released or lost to the user but
is not immediately available for other users.
4. Users having access to more than one source class shall maximize the use of
the lesser or least restricted source class.
5. Overhead irrigation for field grown citrus nursery stock moisture stress
reduction shall be allowed daily for 10 minutes per irrigation zone from 11:30 A.M. to 12:00
P.M. and from 1:30 P.M. to 2:00 P.M.
(b) Livestock Use
Livestock water.use shall be voluntarily reduced.
(c) Aquacultural Use
Aquacultur tx, : use ,all be voluntarily reduce .:
(d) Soil Flooding
1. Soil,flooding for vegetable seed planting, rice planting, burning of sugarcane
prior to harvest and to permit harvesting of sod shall be voluntarily reduced.
2. Soil flooding for all other purposes shall be prohibited.
(e) Freeze Protection
Water use for freeze protection shall be restricted to situations in which official
weather forecasting services predict temperatures likely to cause permanent damage to
crops.
21-18
WATER SHORTAGE PLAN - CHAPTER 40&21 08/92)
(3) Nursery/Urban Irrigation/Recreation
(a) Nursery Use
1. Low volume irrigation uses and low volume hand watering shall be voluntarily
reduced.
2. Overhead irrigation uses shall be restricted as follows:
a. inside - 8:00 A.M. to 8:00 P.M., seven days per week.
b. outside - 7:00 P.M. to 7:00 A.M., seven days per week.
c. Overhead irrigation for containerized nursery stock moisture stress reduction
on stock grown in containers up to and including 1 gallon in size shall be allowed daily for
10 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and
3:30 P.M. to 4:00 P.M.
3. Flood irrigation systems shall be restricted to 8 days per month.
(b) Landscape Irrigation - New Installation
1. For installations which have been in place for less than 30 days and
a. less than 5 irrigated acres in size, water use for irrigation shall be restricted
to the hours of 2:00 A.M. to 8:00 A.M., Monday through Friday,
b. 5 irrigated acres or greater in size,water use for irrigation shall be restricted
to the hours of 12:01 A.M. to 8:00 A.M. Monday through Friday.
2. Low volume irrigation and low volume hand watering of new landscaping shall
be voluntarily reduced.
3. Cleaning and. adjusting of new irrigation systems shall be restricted to 10
minutes per zone on a.one time basis.
(c) Landscape Irrigation - Existing Installation
1. For existing installations less than 5 irrigated acres in size, water use for
irrigation shall be restricted to the hours from 4:00 A.M. to.8:00 A.M. for all types of
irrigation, except low volume irrigation, and 5:00 P.M. to 7:00 P.M. for low volume hand
watering only, three days per week.
a. Installations with odd addresses shall be permitted to irrigate on Monday,
Wednesday and Saturday. .
b. Installations with even addresses or no address shall be permitted to irrigate
on Tuesday,Thursday and Sunday.
2. For existing installations 5 acres qr greater in sir. , •'-er use for
irrigation shall be restri;;:ed to the hours from 12:0A.IvM. to 8:00 A.lv~. _. days per
week.
a. . Installations with odd addresses shall_be permitted to irrigate on Monday,
Wednesday and Saturday. .
b. Installations with even addresses or no.address shall.be permitted. to irrigate
on Tuesday, Thursday and Sunday. .
3. Water use for cleaning, adjusting and repair of existing irrigation systems shall
be limited to ten minutes per zone per week. .
4. Low volume irrigation uses shall be voluntarily reduced.
21-19
l
WATER SHORTAGE PLAN . . CHAPTER 40E-n own)
(d) Recreation Area Use
1. Landscape irrigation for new and existing recreation areas shall be restricted..
to the hours prescribed for new and existing landscape irrigation in paragraphs (b) and (c)
respectively.
2. Irrigation of seeded and/or sprigged recreation areas that have been inrplace':
for less than thirty days shall be allowed daily for 10 minutes per irrigation zone from.1130.
A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00 P.M.
3. Watering of pervious non-vegetated recreational/sporting surfaces shall:be..
restricted to ten minutes of application prior to eachrecreational/sporting event. Low
volume watering shall be used.
(e) Golf Course Use
1. Irrigation of greens and tees. shall be voluntarily reduced and shall:be
accomplished during non-daylight hours.
2. Irrigation of fairways; roughs"and nonplaying'areas on the first nine holes of
the course shall be restricted'to the hours of 12:01 A.M. to"'8:00 A.M. on Monday;
Wednesday and Saturday.
3. Irrigation of fairways, roughs and nonplaying areas on'the'last nine holes of
the course shall be restricted to the hours of 12:01 A.M. to'8:00 A.M.; Tuesday,.Thursday.
and Sunday.
4. Irrigation of seeded and/or sprigged areas that have been in place for less.-
than thirty days shall be allowed daily for 10 minutes per irrigation zone from 11:30 A.M...
to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00 P.M.
(f) Water Based Recreation Use
1. Water based recreation water use shall be voluntarily reduced.
2. Draining of facilities into sewers or onto impervious surfaces shall be-
prohibited.
(4) Miscellaneous
(a) Cooling and Air Conditioning Use
The use of water for cooling and air conditioning shall be restricted to that amount
of water necessary to maintain a minimum temperature of 78 degrees Fahrenheit.
(b) Dewatering Use
Discharge of fresh water to tide from dewatering shall be prohibited.
(c) Navigation T.Tsc ..
i. The District shall request the U. S. Army ,.:orps of Engineers to restrict:.its..
lockages-to maintain acceptable chloride concentrations upstream of the locks and to
conserve water.
2. In the case of the Franklin Lock and Dam, the District shall request the U.
S. Army Corps of Engineers to restrict lockages to once every four hours if:
a.. chloride levels upstream of S-79 are 180 parts per million or higher and
b. a rainfall in excess of one inch in 24 hours is not predicted..in-the surface'.
water use basin within the next 48 hours.
•
21-20 I
•
WATER SHORTAGE PLAN • CHAPTER 40E-21 (8/92)
3. If the restrictions imposed in subparagraph 2.are insufficient to stop the rising
chloride levels, the District shall request the U. S. Army Corps of Engineers to further
restrict lockages to once every four hours, twice per week.
4. If the restrictions imposed in subparagraphs 2. and 3. are still insufficient to
stop the rising chloride levels, the District shall request the U. S. Army Corps of Engineers
to prohibit lockages.
(d) Other Outside Uses
1. Washing or cleaning streets, driveways, sidewalks, or other impervious areas
with water shall be prohibited.
2. Outside pressure cleaning shall be restricted to only low volume pressure
cleaning, seven days a week.
3. Mobile equipment washing with water shall be restricted to the hours and days
prescribed for existing landscape irrigation in paragraph (3)(c)1, using only low volume
mobile equipment washing methods and shall be conducted over a pervious surface or in
an area that immediately drains to a pervious surface. Rinsing and flushing of boats after
saltwater use shall be limited to 15 minutes once a day for each boat.
4. Washing boats that serve as a primary residence shall be restricted to the
hours and days prescribed for existing landscape irrigation in paragraph (3)(c)1. Boats with-
an odd slip number shall be permitted to be washed on Monday, Wednesday and Saturday.
Boats with an even slip number or no slip number shall be permitted to be washed on
Tuesday, Thursday and. Sunday.
(e) Aesthetic Use
1. .. Non-recirculating outside aesthetic uses of.water shall be prohibited.
2. Water use for,outside aesthetic purposes by facilities that recirculate water
shall be voluntarily reduced and must meet the following criteria:
a. Draining of water from outside aesthetic facilities into sewers or onto
impervious surfaces is prohibited.
b. Outside aesthetic facilities shall not be operated when wind conditions cause
water to be lost from the recirculating capacity of the facility.
c. Outside aesthetic facilities that leak water shall not be operated.
d. Outside aesthetic facilities that lose water due to an overflow shall not be
operated.
3. Inside c;.._,.ctic ust of water shall be voluntarily re; aced.
Specific Authority.. 373.044,373.113 F.S. .
Law-Implemented 373.I75,373.246 F.S.
History—New 5-3I-82,Amended 1-26-86,2-14-91. •
40E-21.531 Phase II,Severe Water Shortage.
The following restrictions shall apply when a Phase II water shortage is declared by
the District.
(1) Essential/Domestic/Utility/Commercial
(a) Essential Use .
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