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HomeMy WebLinkAboutHandouts_Regular_Tab 01_08/14/2008~-z2-os DRAFT District-wide Year-Round Water Conservation 40E-24, F.A.C. 1 40E-24.011 Policy and Purpose. 2 (1) This chapter comprises the ' 3 Mandatory Year-Round Landscape Irrigation Measures f^'' area ~ov~t,-~~~~ ~~:Tie; 4 within the boundaries of the South Florida Water s Management District District .These mandatory measures are intended to provide a 6 framework for consistent implementation to ensure the long-term sustainability of the ~ water resources of the region, increase water use efficiency and prevent and curtail s wasteful water use practices through regulatory means for landscape irrigation by all 9 users. Local governments are encouraged to implement these measures through the io adoption of ordinances that would. include these measures;` variance and enforcement i i provisions. These measures are in addition to Chapter 40E-2, F.;4.C., provisions and 12 non-regulatory measures, such as education and .incentive programs, which are also 13 utilized by the District to promote water conservation. These" measures prohibit 14 landscape irrigation during those periods of the day when irrigation efficiency is significantly decreases, and limit landscape irrigation water use to a maximum number 16 of ##ree two days per week unless specified otherwise herein.. i~ (2) through (3) No Change. is Specific Authority 373.016. 373.044, 373.0831, 373.113,: 373.171, 373.227 FS. Law 19 Implemented 373.042, 373.0421, 373..0831, 373.171, 373.223, 373.227 FS. History- 2o New 6-12-03, Amended 21 40E-24.101 Definitions. 22 When used in this chapter: 23 (1) "Address" means the "house number" (a numeric or alphanumeric designation) 24 that, together with the street name, describes the physical location of a specific 2s property. This includes "rural route" numbers buf excludes post office box numbers. If a 26 lot number in a mobile home park or .similar community is used by the U.S. Postal 27 Service to determine a delivery location', the lot number shall be the property's address. 2s If a lot number in a mobile home park or similar residential community is not used by the 29 U.S. .Postal Service (e.g:, the park 'manager sorts incoming mail delivered to the 3o community's address), then the community's main address shall be the property's 31 address. If a property has no address it shall be considered "even-numbered". 32 (2) "Alternative water supply" means alternative water supply as defined in Section 33 373.019(1) F.S• 34 (~ 3) "Athletic play area" means all golf course fairways, tees, roughs, and greens, 3s and other athletic play surfaces; including, football, baseball, soccer, polo, tennis and 36 lawn bowling fields, sand rodeo, equestrian and livestock arenas. 37 (~ 4) "Consumptive Use Permit (CUP)" means a permit issued pursuant to Chapter 3s 40E-2 or 40E-20, F.A.C., authorizing the consumptive use of water. 39 (4 5) "Even Numbered Address" means an address, ending in the numbers 0, 2, 4, 40 6, 8, or rights-of-wav or other locations with no address, or the letters A-M. 41 (6) "Existing landscaping" means any landscaping which has been which has been 42 planted and in the ground for more than sixty (60) days. -~ I ~`1LtX1d.l~.tt 7-22-OS DRAFT District-wide Year-Round Water Conserva#ion 40E-24, F.A.C. i (7) "Landscaping" means shrubbery, trees, lawns, sod, grass, around covers, plants, 2 vines, ornamental gardens, and such other flora, not intended for resale, which are 3 situated in such diverse locations as residential landscapes, recreation areas, 4 cemeteries, public, commercial, and industrial establishments, public medians and s rights-of--way except athletic play areas as defined in subsection 40E-24.101(2) F.A.C. 6 (5 8) "Low Volume Hand Watering" means the watering of landscape by one ~ person, with one hose; fitted with aself-canceling or automatic shutoff nozzle. s (9) "Low Volume Irrigation" means the use of equipment and devices specifically 9 designed to allow the volume of water delivered to be limited to a level consistent with io the water requirement of the plant being irrigated and to allovv that water to be placed i i with a high degree of efficiency in the root zone of the plant The term also includes 12 water used in mist houses and similar establishments for plant propagation. Overhead 13 irrigation and flood irrigation are not included. 14 (610) "Landscape Irrigation" means the ou#side watering of is shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, 16 and such other flora, not intended for resale, which are.. planted i~ and are situated in such diverse locations as residential 1a landscapes, recreation areas, cemeteries, public,. commercial, and industrial l9 establishments, public medians, and rights-of-way except_athletic play areas as defined 20 in subsection 40E-24.101(2), F.A.C. 21 (11) "Micro-irrigation" means the application of small guantites of water on or 22 below the soil surface as drops or tiny streams of spray thrn~~ah emitter ar annlicatars 23 placed along a water delivery line. Micro-irrigation includes a number of methods or 24 concepts such as bubbler, drip, trickle, mist or microspray, and subsurface irrigation. 2s (12) "New landscaping" means any (andscapina which has been planted and in 26 the ground for sixty (60) days or Jess. 27 (~ 13) "Odd Numbered Address" means an address ending in the numbers 1, 3, 5, 7, 2s 9 or the letters N-Z. 29 (6 14) "Reclaimed. Water"' means wastewater that has received at least secondary 3o treatment and basic disinfection and is reused after flowing out of a wastewater 31 treatment facility as defined by Rule 62-40.210. F.A.C. 32 (15) ' "Supplemented reclaimed water" and blended reclaimed water" means 33 reclaimed water which has been `commingled with potable water, groundwater, and/or 34 surface water by a public or private utility for the purpose of increasing supply. 35 (9 16) "User" means` any person, individual, firm, association, organization, 36 partnership, business trust, corporation, company, agent, employee or other legal entity 37 whether natural or artificial, the United States of America, and the State and all political 3s subdivisions, regions, districts, municipalities, and public agencies thereof, which 39 directly or indirectly takes water from the water resource, including uses from private or 4o public utility systems, uses under water use permits issued pursuant to Chapter 40E-2 41 or 40E-20, F.A.C., or uses from individual wells or pumps. 42 (a-9 17) "Wasteful and unnecessary" means allowing water to be dispersed without 43 any practical purpose to the water use; for example, excessive landscape irrigation, 44 leaving an unattended hose on a driveway with water flowing, allowing water to be 2 7-22-0$ DRAFT District-wide Year-Round Water Conservation 40E-24, F.A.C. t dispersed in a grossly inefficient manner, regardless of the type of water use; for 2 example, allowing landscape irrigation water to unnecessarily fall onto pavement, 3 sidewalks and other impervious surfaces; allowing water flow through a broken or 4 malfunctioning water delivery or landscape irrigation system. s Specific Authority 373.016. 373.044, 373.0831. 373.113, 373.171, 373.227 FS. Law 6 Implemented 373.042, 373.0421, 373.0831. 373.171, 373.223, 373.250, 373.227 FS. ~ History-New 6-12-03, Amended s 40E-24.201 Year-Round Landscape Irrigation Measures. 9 (1) The year-round landscape irrigation measures contained in this chapter are io applicable to all users as defined in subsection 40E-24.101(3 16), F.A.C., including ii permitted and exempt users under Chapter 40E-2, F.A.C., unless indicated otherwise 12 herein. These measures apply to all water sources, except that landscape irrigation 13 accomplished using 100% reclaimed water and/or supplemented reclaimed water is 14 subject to only subsections 5(a)(1) and 5(c)(1) of this section below. In addition to the is requirements of this section, all permitted users under Chapter 40E-2,' F.A.C., are 16 required to maintain compliance with all CUP conditions and terms, including those i~ designed to require the implementation of water conservation practices. ig (2) Any restrictions or other measures declared pursuant to Chapter 40E-21, F.A.C., 19 or related Board or Executive Director orders which are more restrictive than a measure 20 contained within this chapter, shall supersede this rule for the duration of the applicable 21 water shortage declaration. 22 (3) It shall be the duty. of each water.. user to keep'`informed as to the landscape 23 irrigation measures presented .within this chapter, which affect each particular water 24 use. 2s (4) In addition to the specific measures enumerated below, all wasteful and 26 unnecessary water use as defined-in subsection 40E-24.101(17), F.A.C., is prohibited. 27 (5) The following requirements or exceptions shall apply to all users unless specified 28 otherwise .herein: 29 (~) 3o and--4-0A-p-r~-e~sep~-as-otherwise-provided--f}ere+n- Irrigation of existing 31 landscaping shall complYwith the following provisions: 32 1. Landscape irrigation shall be prohibited daily between the hours of 33 10:00 a.m. and 4:00 p.m., except as otherwise provided herein. 34 2. Even ..addresses, installations with irrigation systems that irrigate 3s both even and odd addresses within the same zones. including multi-family units. and 36 homeowners' associations. and rights-of-way or other locations with no address as 37 defined in subsection 40E-24.101(4 5), F.A.C. may accomplish necessary landscape 3s irrigation only on Thursday and/or Sunday. 39 3. Odd addresses as defined in subsection 40E-24.1010 13), F.A.C., 4o may accomplish necessary 4i landscape irrigation only on Nle~a~;-ar-~ Wednesday and/or Saturday. 42 7-22-08 DRAFT District-wide Year-Round Water Conservation 40E-24, F.A.C. 1 (b) Irrigation of existing landscaping which utilizes water derived from an 2 alternative water supply but not including 100% reclaimed water or supplemented 3 reclaimed water, shall comply with the following provisions: !Under Discussion) 4 1. Landscape irrigation shall be prohibited daily between the hours of 5 10:00 a.m. and 4:00 p.m., except as otherwise provided herein 6 2. Even addresses, installations with irrigation systems that irrigate ~ both even and odd addresses within the same zones including multi-family units and s homeowners' associations. and rights-of-way or other locations with no address as 9 defined in subsection 40E-24.101(5), F.A.C., may accomplish' necessary landscape to irrigation only on Tuesday, Thursdav and/or Sundav. 1~ 3. Odd addresses as defined in subsection 40E-24.101!13) F A C 12 may accomplish necessary landscape irrigation only on Monday" Wednesday and/or 13 Saturday. i4 ~) Irrigation of new landscaping shall comply with the following provisions• is 1 Irrigation of new landscaping shall be prohibited daiiv between the 16 hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided herein 1~ 2. On the day the new landscaping. is installed the new landscaping is may be irrigated once without regard to the normally allowable watering days and times 19 Irrigation of the soil immediately prior to the installation of the new landscaping is also 20 allowable without regard to the normalallowable watering days and times. 21 3. The sixty (~~l day nerind hPninc tha clay tha naw lanriccaninn is 22 Installed. The new landscaping shall be installed within a reasonable time from the date 23 of purchase. which may be demonstrated with a dated receipt or invoice 24 4. Irrigation of new landscaping which: has been in place for thirty (30) 25 days or less shall be accomplished on Monday Tuesday Wednesday Thursdav 26 Saturday. and/or Sundav. 27 5. Irrigation of new landscaping' which has been in place for thirty-one 2s (31) to sixty (60) days shalt be accomplished on Monday Wednesday Thursdav and/or 29 Saturday. 30 6. Irrigation of the new landscaping is limited to areas containing the 31 new landscaping only. = An entire zone of an irrigation system shall only be utilized for 32 landscape `irrigation under this subsection if the zone in question is for an area that 33 contains at least 50% new landscaping. If a zone contains less than 50% new 34 landscaping, or if the new landscaping is in an area that will not typically be irrigated by 35 an irrigation system. only the individual new nlantinn~ ara alinihlP fnr adriitinnat irrigation 36 under this subsection. Targeted watering may be accomplished by low volume hand 37 watering, or any appropriate method which isolates and waters only the new 3s landscaping. 39 (d) Landscape irrigation systems may be operated during restricted days and/or 4o times for cleaning, maintenance. and repair purposes with an attendant on site in the al area being tested. Landscape irrigation systems may routinely be operated for such 42 purposes no more than once per week, and the run time for any one test should not 43 exceed 10 minutes per zone. 44 (e) Landscape irrigation for the purpose of watering in fertilizers. insecticides, 4 7-22-08 DRe4FT District-wide Year-Round Vllater Conservation 40E-24, F.A.C. i pesticides, fungicides and herbicides, where such watering-in is reed recommended 2 by the manufacturer, or by federal, state or local law, or best management practices, 3 shall be allowed under the following conditions: 4 1. Such watering-in shall be limited to one application ' s unless the need for more than one application is stated 6 in the directions for application specified by #Ferx- the manufacturer; and ~ 2. Such watering-in shall be accomplished during normally allowable s watering days and times set forth in subsections 5(a) and 5(b) above unless a 9 professional licensed applicator has posted a temporary ign containing the 1o date of application and the date(s) of needed watering-in activity. i i (f) Any plant material may be watered using _I_ow volume irrigation, micro- 12 irrigation, and low-volume hand watering methods without regard to the watering days 13 or times allowed pursuant to this section. 14 Specific Authority 373.016. 373.044, 373.0831, 373.113, 373.171, 373.227 FS. Law is Implemented 373.042, 373.0421, 373.0831. 373.171, 373.223, 373.250,. 373.227 FS. 16 History-New 6-12-03, Amended i~ 40E-24.301 Local Government Option. is (1) Local governments that wish to enforce. alternative landscape irrigation i9 measures, shall be considered to be in substantial compliance with this rule upon the 20 enactment of an ordinance establishing landscape irrigation measures which achieve 21 water conservation and which allow no more cumulative days and time for landscape 2z irrigation than subsection 40E-24.201(5), F.A.C. Such`" ordinance shall provide for 23 variance and enforcement procedures that do not diminish the intent and effectiveness 24 of the measures and which do not conflict .with the District's authority under Chapter 2s 373, F.S. and District rules. 26 (2) Irrigation of landscapes, as defined above, may be further restricted by local 27 governments .only in response to concerns directly related to the local water supply zg system. 29 (3) Local governments with` a' jurisdiction divided between the South Florida Water 3o Management District and another 'water management district may propose an 31 alternative' schedule of measures as necessary for the local aovernment to achieve a 32 uniform schedule within its jurisdiction. 33 (4) At least thirty (30) "days prior to the adoption of an ordinance for alternative 34 landscape irrigation. measures, the local government shall submit the proposed 3s ordinance to the District to review for consistency with Chapter 373. F.S., and District 36 rules and approval. The ordinance must be adopted as approved by the District. 37 (~-5) In order to evaluate the effectiveness of the approved alternative 3a landscape irrigation measures, such local governments shall provide an annual report to 39 the District which includes any variances granted or denied, enforcement actions taken 4o and any measures proposed to be amended in the next reporting period. _"~ fir~+ re r,e~ 4t .Each annual report shall be submitted 42 no later than September 30th of each year following the adoption of this Chapter. 43 (3 6) Users within the jurisdiction or customers of such local governments shall 5 7-22-08 DRAFT District-wide Year-Round Water Conservation 40E-24, F.A.G. 1 comply with the alternative measures contained within the ordinance implementing that 2 program and are not subject to the measures contained in subsection 40E-24.201(5), 3 F.A.C. 4 Specific Authority 373.016. 373.044, 373.0831, 373.113, 373.171, 373.227 FS. Law s Implemented 373.042, 373.0421, 373.0831, 373.171, 373.223, 373.227 FS. History- 6 New 6-12-03, Amended s 40E-24.401 Enforcement. 9 (1) As required by Section 373.609, F.S., each county and city commission, state to and county attorney, sheriff, police officer and other appropriate local government 11 official in the region covered by this chapter which is not implementing alternative 12 measures pursuant to a local government ordinance; shaii respond to address-specific 13 orlocation-specific violations of this chapter upon request from the District. 14 15 16 17 local government shall submit the proposed ordinance to the District to review for is consistency with Chapter 373, F.S., and District rules and approval `The ordinance 19 must be adopted as approved by the District. 20 21 22 s~sfer>a-o~-as-Yrav;Qed in F~ale-4~E~4.34; T F-~~., 23 (3) In enforcing the pr©visions of this chapter the District will utilize -any of the 24 enforcement remedies available. pursuant to Chapter 120 or 373, F.S., or applicable 2s District rule. The Executive Director may take appropriate action pursuant to Sections 26 373.119, 373.175(4), 373.246(7) and 120.69,. F.S., to enforce the provisions of this 27 chapter. 2s Specific Authority 373.016, 373.044, 373.0831. 373.113, 373.171, 373.227 FS. Law 29 Implemented 373.083.1. 373.119, 373.171, 373.175, 373.246, 373.603, 373.609. 30 373.227 _FS. History-New 6-12-03, Amended 31 Section 40E-24.501 Variances and Waivers. 32 (1) Users may request relief from the provisions of this Chapter by filing a 33 petition for variance or waiver pursuant to Section 120.542, Florida Statutes and Rule 34 28-104, F.A.C. Examp{es of circumstances, which subiect to the above-referenced 3s statute and rule and `the provisions below, may be candidates for the issuance of a 36 variance, include but are not limited to: 37 (a) Two or more properties which share a common source of water 3s (b) A public or private water system experiencing or anticipating 39 pressure problems associated with 40E-24.201(5), F.A.C.; 40 (c) A property utilizing modern, properly maintained and highly efficient 41 irrigation technologies, including but not limited to soil moisture sensors and 42 weather/evapotranspiration-based irrigation controllers. 6 7-22-08 DRAFT District-wide Year-Round Water Conservation 40E-24, F.A.C. t (2) A variance or waiver is invalid if it has expired or if the user or its agent 2 violates the terms of the variance or waiver. 3 (3) Users reauirinq relief from restrictions and/or measures set forth in a local 4 government's vear-round water conservation ordinance must petition that local s government for relief. 6 Specific Authority 373.016. 373.044. 373.0831. 373.113 373.171 373 227 FS Law ~ Imalemented 373.0831. 373.119. 373.171 373.175 373.246 373:603 373 609 8 373.227 FS. History--New 9 7 6-'12-08 DRAFT General Water Use Permits 40E-20 1 40E-20.091 Publications Incorporated by Reference. 2 The "Basis of Review for Water Use Permit Applications within the South Florida Water 3 Management District - ~e1~888" is hereby published 4 by reference and incorporated into this chapter. A current version of this document is 5 available upon request. 6 Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 7 373.103(4), 373.118, 373.223, 373.229, FS. History-New 8-14-02, Amended 8-31-03, 8 4-23-07, 9-13-07, 2-13-08, 9 10 (For proposed amendments to the "Basis of Review for Water Use Permit Applications 11 within the South Florida Water Management District", see,Rule 40E-2.091, F.A.C.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~" 1 ~'10~v1c1 p~.ct 7-23-08 DRAFT Consumptive Use 40E-2 1 40E-2.051 Exemp#ions. 2 (1) and (2) no change. 3 4 5 6 Specific Authority 373.044, 373.113, 373.171, FS. Law Implemented 373.219 FS. 7 History -New 9-3-81, Formerly 16K-2.025, Amended 2-24-85, 4-20-94, 8 9 40E-2.061 No-Notice General Permit by Rule. 10 (1) The Board hereby grants a general water use permit by rule to each person 11 within the District to use, withdraw or divert water at a single #amily dwellina or duplex 12 .including but not limited to home lawn and ornamental irrigation car washing and other 13 incidental uses -:provided that water is obtained from -one withdrawal facility for each 14 single family dwelling or duplex. 15 (2) The filing of an application for a permit under this rule is not required 16 (3) Persons :using or proposing to use water in a manner not authorized under this 17 section must obtain a permit pursuant to Chapters 40E-2 and'40E-20 F.A:C. 18 (4) Permits issued pursuant to this rule shall comply with Rules 40E-21 40E-24 19 F.A.C. 20 Specific Authority 373.044, 373.113, 373.118. 373.171 FS. Law Implemented 373 219 21 373.223, History -- New 22 23 40E-2.091 Publications Incorporated by Reference. 24 The "Basis of Review for Water Use Permit Applications within the South Florida Water 25 Management District - Fe~-t~,e,^T''~-2AA8", is hereby published by 26 reference and incorporated into this chapter. A current version of this document is 27 available upon request. 28 Specific Authority 373.044, 373.113,- 373.118; 373.171 FS. Law Implemented 373.042, 29 373.0421,,.373.109, 3J3.196, 373.219, 373.23, 373.224, 373.229, 373.232, 373.233, 30 373.236," 373.239, 373.250 FS. History--New 9-3-81, Formerly 16K-2.035(1), Amended 31 2-24-85 11-21-89, 1-4-93, 4-20-94, 1`1-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12- 32 19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 33 34 "Basis of Review for Watec Use Permit Applications Within the South Florida 35 Water Management District" 36 Section 2.6.1(A) 37 38 All public water supply utilities applying for an individual permit are required to develop 39 and implement a water conservation plan. The water conservation elements of each 40 plan need to be identified as part of the application. A timetable outlining the 41 implementation schedule of each of the required water conservation elements will be 42 required to be submitted or shown to already exist prior to issuance or renewal of a 43 public water supply water use permit. The conservation plan shall be prepared and 44 implemented for the service area incorporating, at a minimum, the following mandatory 7-23-08 DRAFT Consumptive Use 40E-2 1 components. For those components which require ordinance adoption, such ordinance 2 should incorporate the entire boundary of the enacting jurisdiction. The Permittee shall 3 provide a copy of the ordinances for each of the mandatory elements for which 4 ordinances are adopted. The mandatory water conservation elements are as follows: 5 6 A. The limitation of all lawn and ornamental irrigation to the hours and days 7 specified in Rule 40E-24.201, ~+h~n+o,- Inc ''" F.A.C:. , 8 9 10 , 11 ; 12 ; 13 ; 14 Q-~;~aie~g-4r,-~f-s#etx~FS~~S~T eE~g-Tns~~icTaes~e~#+s+~ 15 , , 16 17 ; 18 d--pv~r~rrrc~n.~nno •~r~r! ro~uir v~ iiri rgai~v~ ~~ c4~.~ 19 .........., , 20 ,, 21 22 ° 23 24 25 B. through I. no change: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44