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Item M11 Revised 3/99 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Request for Time Specific Meeting Date: Wednesday, Jan, 17 Bulk Item: Yes 0 No X Division: SOCC Department: AGENDA ITEM WORDING: SFWMD representative Rhonda Haag will present Phase /I water usage restrictions (if the County has not moved from Phase I to Phase /I restrictions, then this item will be canceled), ITEM BACKGROUND: Lake Okeechobee waters are well below normal and the South Florida Water Management District deemed water restrictions necessary for the County (Phase I) in December, 2000, PREVIOUS RELEVANT BOCC ACTION: SFWMD's Rhonda Haag made a presentation to the County Commission in December on Phase I restrictions, STAFF RECOMMENDATION: TOTAL COST: N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes 0 No 0 BUDGETED: Yes 0 No 0 AMOUNT PER MONTH YEAR APPROVED BY: COUNTY ATTY 0 OMS/PURCHASING 0 RISK MANAGEMENT 0 APPROVAL: ~(y?JJ UJf1JA-/i1J /1 ~ NAME: Nora A. Williams, BOCC, District IV DISPOSITION: DOCUMENTATION: INCLUDED: 0 TO FOLLOW: NOT REQUIRED[M AGENDA ITEM #: -1:m1l jJ J, Robert Dean. Chairman Key West o Thomas R. McDonald Vice-Chairman Tavern ier Florida Keys Aqueduct Authority p <:J ~\~^ ~ r 'Tri- ~ \t;,'\~l\) ~~, ~ ~\ \~, "v€ ~~~I'\ C ~\j ,d)q;.7 ~ ~t/~~ ,./!tJ ".;<,/ ./?,,;!/, /./1:';' c@r Fred Shaw Secretary- Treasurer Big Pine Post Office Box 1239 1100 Kennedy Drive Key West. Florida 33041,1239 Telephone (305) 296,2454 Albert 0, Appell Duck Key Linda B, Wheeler Key West Roger Braun Executive Director January 12,2001 James Roberts, County Administrator Monroe County Government Center-Wing II 5100 College Road Key West, Florida 33040 (Hand Delivered) RE: South Florida Water Management District Water Restrictions/ Phase 2 Enforcement Dear Mr. Roberts, In December 2000, the South Florida Water Management District (SFWMD) issued a Declaration of Water Shortage Emergency Order No, 2000-179 DAO- WS and imposed Phase 1 of their (4) phased mandatory water use restriction plan (attached) for the Lower East Coast Region, One of the water sources subjected to this declaration is the Biscayne Aquifer, The Biscayne Aquifer is the water source for the Florida Keys Aqueduct Authority (FKAA) which is the sole supply of potable water for Monroe County/Florida Keys. Although the Biscayne Aquifer, has maintained normal levels, Lake Okeechobee which provides back-up/secondary water supply to the Lower East Coast Region and assists in preventing salt water encroachment into well fields, is currently at a near historic low water level. Water use restrictions are required in order to preserve the back-up/secondary water supply during the pending dry season. South/Central Florida is currently experiencing its worst drought since 1961. Phase 2, mandatory water use restrictions have been implemented by SFWMD with an effective date of January 17, 2001. A copy of the SFWMD Water Shortage Plan is enclosed. The Plan includes the requirements in each phase for all water users. The Plan also addresses enforcement of the mandatory water use restrictions in Chapter 40E-21.421 which references Florida Statute 373.609, duty of county and municipalities to assist SFWMD in the enforcement. Since penalties for violation of the statute is considered a misdemeanor of the second degree, the SFWMD encourages the county and municipalities to adopt ordinances which provide for local m.11 enforcement of Chapter 40E-20 and allow one written warning during the initial phases of a water shortage or water shortage emergency, SFWMD will be obtaining contact names and numbers from the county and municipalities to direct calls reporting violations of Florida Statute 373 and Chapter 40E-20 in your area, Enclosed you will find SFWMD's model ordinance for counties and municipalities to utilize in the development of their local ordinance and a copy of the City of Key West Ordinance No. 77,00 Water and Water Management. Also, more common in Monroe County/Florida Keys than on the mainland is the use of wells and cisterns as an alternative water supplies for watering landscape and washing cars. SFWMD requires residents who utilize cisterns and/or wells for those purposes to obtain a variance from SFWMD, (Application enclosed), Forty-eight (48) hours after the application is received by SFWMD, the resident will receive a notice of variance, so the resident may use the alternative water supply without interruption during mandatory water use restrictions. As the water supplier for Monroe County, the FKAA strongly urges immediate attention in adopting SFWMD requirements and active enforcement by the County. FKAA will continue its active public water conservation outreach and intensify th!s awareness to our visitors though our commercial accounts and county-wide PSAs. F or more detailed information or specific questions on water conservation and water use restrictions, you may contact the SFWMD at 1-800-662-8876 or visit their website at www.sfwmd,gov, If you have any questions or need additional information from the FKAA, you can contact me at (305)296-2454, ext.203. Thank you for your continued cooperation in this matter. Si_nc~ly, ,~ /---,,/ I~~ / /7"'r-~~ " Roger Braun Executive Director Enclosures cc: Rhonda Haag, SFWMD Jim Reynolds, FKAA SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road West Palm Beach, Florida 33406 IN THE MATTER OF: Order No. 2000-179 DAO-WS Declaration of Water Shortage Emergency for the South Dade Water Use Basin, Water Conservation Area/Everglades National Park Water Use Basin, Water Conservation Area 3 Water Use Basin, Water Conservation Area 2 Water Use Basin, Water Conservation Area 1 / C-51 Water Use Basin, M Canal Water Use Basin, C-18 Water Use Basin, Loxahatchee River Water Use Basin, North Palm Beach County Water Use Basin, Interior Palm Beach County Water Use Basin, (Phase I Water Shortage Restrictions) DECLARATION OF WATER SHORTAGE EMERGENCY PHASE 1 WATER SHORTAGE RESTRICTIONS FOR THE SOUTH DADE WATER USE BASIN, WATER CONSERVATIONAREAlEVERGLADES NATIONAL PARK WATER USE BASIN, WATER CONSERVATION AREA 3 WATER USE BASIN, WATER CONSERVATION AREA 2 WATER USE BASIN, WATER CONSERVATION AREA 1 I C-51 WATER USE BASIN, M CANAL WATER USE BASIN, C-18 WATER USE BASIN, LOXAHATCHEE RIVER WATER USE BASIN, NORTH PALM BEACH COUNTY WATER USE BASIN, INTERIOR PALM BEACH COUNTY WATER USE BASIN. The Executive Director of the of the South Florida Water Management District, (hereinafter "District") after considering recommendations of District staff and being otherwise fully apprised of the matter, issues the following Emergency Order pursuant to Rule 40E-21 ,331 , Florida Administrative Code, based on the following Findings of Fact and Ultimate Facts and Conclusions of Law, FINDINGS OF FACT 1 . The water sources subject to this Order are groundwater of the Biscayne Aquifer, Lake Okeechobee and the surface waters connected to Lake Okeechobee, This Order applies to all use classes within the stated basins, 2, The boundaries of the area of concern encompass all water use basins of the Lower East Coast Region as depicted on the attached and incorporated Exhibit A and particularly described as the South Dade Water Use Basin, Water Conservation Area/Everglades Water Use Basin, Water Conservation Area 3 Water Use Basin, Water Conservation Area 2 Water Use Basin, Water Conservation Area 1/C-51 Water Use Basin, M Canal water Use Basin, C-18 Water Use Basin, Loxahatchee River Water Use Basin, North Palm Beach County Water Use Basin, and the Interior Palm Beach County Water Use Basin, These basins are within Monroe, Dade, Broward, and Palm Beach Counties, 3. During the "wet season" from June through October, Lake Okeechobee normally receives significant recharge from direct rainfall and inflow through surface water runoff from the watershed basins surrounding it. Under average rainfall conditions, Lake Okeechobee and its tributaries receive about 27 inches of rain from June through October, resulting in an average increase in water levels by about 1.9 feet. 4, During the months of June through September 2000, however, the normal wet season_rainfall conditions to recharge the low levels in Lake Okeechobee never materialized and, as a result, water levels in Lake Okeechobee are at a record low, In 2000, rainfall for the months of June through September in watershed basins recharging 2 Lake Okeechobee was up to 50% below average, Rainfall over Lake Okeechobee was also well below normal for the June through September 2000 time period-at times up to 50% below normal. This below average rainfall has continued through November 2000, 5, Levels in Lake Okeechobee did not rise during this critical two month period, October and November 2000 rainfall was approximately 50-85% below normal, As of December 6, 2000, the level of Lake Okeechobee was 11,54 feet NGVD, This level is approximately 3,57 feet below the long-term December 6 average of 15,11 feet. Significantly, the level of Lake Okeechobee is receding at a considerable pace, approximately 0,02-0,04 feet per day, Total storage on December 6, 2000, in Lake Okeechobee was approximately 0.68 million acre feet. Average available storage in Lake Okeechobee for this time of year is approximately 2.0 million acre feet. It is estimated that a large portion of this storage will be lost from the Lake due to evapotranspiration alone over the dry season, at approximately 15 inches through March 2000. 6, The Climate Prediction Center is projecting a high probability of below average rainfall from December through March 2001 in both the Lake Okeechobee Service Area and the Lower East Coast. This rainfall is not expected to significantly raise water levels in Lake Okeechobee prior to the end of the dry season, 7. During drought periods, Lake Okeechobee is also relied upon to provide a backup water supply for the Lower East Coast (primarily Monroe, Miami-Dade, Broward and Palm Beach Counties) and to recharge the Surficial Aquifer System within this area 3 to prevent saltwater intrusion, Historically, the estimated water demands for these purposes from Lake Okeechobee during droughts have been over 300,000 acre feet. S, To provide consumptive users in the Lower East Coast the opportunity to reduce demands without incurring mandatory restrictions, the Governing Board imposed voluntary restrictions on water users that directly and indirectly benefit from Lake Okeechobee supplies, including those areas subject of this Order. These consumptive users were also warned that more severe involuntary restrictions would be imposed if resource conditions did not improve (Water Shortage Warning Order No, 00127-DAO- WS), 9. The water shortage warning targeted a 10% reduction in use. However, water use during October and November actually increased when compared with last year's use for the same months and compared to September 2000 usage levels (immediately prior to the water shortage warning becoming effective), The increase in use within the Lower East Coast was generally between 1 to 10 %. 10, Current conditions indicate ground water levels in the Surficial Aquifer System in the Lower East Coast are below normal in 20 of 21 real time monitor wells. Three-fourths of these wells are in the lowest 30% of water levels for this time of year. In addition, these water levels are declining at increased rates, This decline is expected to continue at normal to above normal rates during the remainder of the dry season. 11, Water availability in the Water Conservation Areas, which are the primary source of surface water supply and recharge for the Lower East Cost, is below average to average for this time of year. As of December 7, 2000, Water Conservation Area 1 4 level is 16,61 feet NGVD, Water Conservation Area 2 level is at 11,99 feet NGVD, and Water Conservation Area 3 level is 9,95 NGVD. This storage capability is expected to meet Lower East Coast demands, without deliveries from Lake Okeechobee, only through the middle of the current dry season. 12, In addition, demands of all agricultural water users from Lake Okeechobee within the basins affected by this Order are typically at 600,000 acre feet during the months of November through June, During dryer conditions, the demands of the consumptive users can increase due to a greater rate of evapotranspiration and supplemental water needs, Even with significant water use restrictions currently imposed in the Lake Okeechobee service area, projected demands could reduce levels in Lake Okeechobee by 2-3 feet, to as low as 8-9 feet NGVD, over the next several months. 13, Water Shortage Order Number 2000-172 DAO-WS, effective November 29, 2000, passed Phase III restrictions for agricultural users relying upon Lake Okeechobee for water supplies, Implementation of this Order has resulted in substantial reductions in water supply for agricultural users, Phase /I restrictions were placed on the Lower West Coast, effective November 29, 2000, pursuant to Water Shortage Order Number 2000-173 DAO-WS, Additionally, Water Shortage Order Number 2000-171 DAO-WS, effective November 29, 2000 passed Phase I restrictions on non-agricultural users withdrawing directly from Lake Okeechobee, 14. As a result of the above factors, conditions over the next dry season are projected to rapidly decline to the extent that sufficient water will not be available to meet the present and anticipated requirements of the water users within the subject 5 area, while protecting the water resources. The District will continue to monitor the conditions of the water resources and the needs of the water users as required by the Water Shortage Plan (Chapter 40E-21, F,A,C.) ULTIMATE FINDINGS OF FACT AND CONCLUSIONS OF LAW 15, Section 373.246, Florida Statutes, authorizes the Governing Board to adopt a water shortage plan to regulate the withdrawal and use of water to protect the water resources of the District. Chapter 40E-21, F,A,C" is the water shortage plan adopted by the Governing Board, 16. Section 373,246(7), F.S" authorizes the Executive Director, with the concurrence of the Governing Board, to issue emergency orders where the public health, safety, or welfare; the health of animals, fish, or aquatic life; a public water supply; or recreational, commercial, industrial, agricultural, or other reasonable uses are not sufficiently protected by the water shortage plan, This emergency order shall recite the existence of such an emergency and require that such action, including, but not limited to, apportioning, rotating, limiting, or prohibiting the use of the water resources of the District, be taken as necessary to protect the water resources of the District from serious harm and to restore them to their previous condition, 17. Rule 40E-21,331(1)"F,A.C" authorizes the Governing Board to issue an emergency water shortage order when necessary to immediately restrict water user demands in response to rapidly declining water, as contemplated under Section 373,246(7), F.S. Rule 40E-21.401, F,A.C" and permit conditions authorize the. Governing Beard to obtain data concerning monitoring of water usage. 6 18, The District has monitored the condition of the water resources and the needs of the users as required by Rule 40E-21,331, F,A.C, Water use monitoring data indicates that the voluntary restrictions on potable supplies during October and November 2000 was not effective and in most areas of the Lower East Coast water use has increased since September 2000, 19, Based on the cumulative assessment of water availability in Lake Okeechobee, the Water Conservation Areas, and ground water levels in the Lower East Coast, sufficient water is not available in the regional system to meet anticipated demands, without involuntary restrictions on water usage in the Lower East Coast. The rapid decline in surface and ground water levels in the regional system, and the continuing level of water demands in the Lower East Coast, require immediate action to impose water use restrictions, 20, Based on the above Findings of Fact, incl.uding the considerations in Rule 40E-21 ,331 (3), F,A.C" the estimated present and anticipated available water supplies are insufficient to protect the public health and safety and welfare; the health of animals, fish or aquatic life; a public water supply; or recreational, commercial, industrial, or agricultural uses, Immediate action is necessary to equitably distribute Lake Okeechobee supplies for the protection of water resources in the Lower East Coast. This Order will be brought before the Governing Board for concurrence in December 2000, 21, The Executive Director of the District and all law enforcement authorities and appropriate city and county officials may enforce the Governing Board's regulations and orders adopted pursuant to its legal authority by administrative action, by suit for 7 injunction, by criminal proceedings, or other appropriate action as authorized by Chapter 373, F,S" and by adoption and enforcement of local government ordinances for such purposes, ORDER Based upon the above Findings of Fact, Ultimate Facts and Conclusions of Law, the Executive Director orders that: 1, An emergency water shortage is declared and Phase I Moderate Water Shortage Restrictions on all use classes in the Lower East Coast as depicted in the attached Exhibit A are imposed, A copy of the Phase I Moderate Water Shortage restrictions in Rule 40E-21,521, F,A.C" is attached as Exhibit 8. 2. Information regarding this Emergency Order is posted on the District's Internet Web Site at www,sfwmd,gov, and will be communicated on a water "user hotline" for persons that do not have access to the internet or have additional questions for District Staff, If these modes of communication are inadequate for any affected water user, the District must be immediately notified, 3. Permitted water users are requested to continue submitting water usage monitoring data in accordance with permit conditions, The Director of the Water Use Department is authorized, to request, in writing, those permitted water users whose permit conditions require submittal of water usage monitoring data to provide additional data or data submittals at increased frequencies, as determined appropriate. 4. A user may request relief from a Water shortage Order by filing an application for variance in accordance with Rule 40E-21,275, F,A.C" but must conform 8 to the water use restrictions until the Executive Director grants a temporary variance or the Board grants the variance, 5, The Governing Board 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 Water Shortage Order. The District staff will cooperate with the local governments in implementing such enforcement measures, 6, In accordance with Rule 40E-21,391 (5), F,A.C., an order declaring a water shortage emergency and any measures adopted pursuant thereto shall become effective upon issuance, unless otherwise specified in the order, This Order shall become effective in accordance with Rule 40E-21,391 (5), F,A,C., on Friday, December 8, 2000 at 12:01 a,m. This water shortage order shall remain in effect until further modification by the Governing Board or the Executive Director, 7. This Order may be rescinded or modified by the Executive Director as conditions warrant. 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 9 Uniform Rules of Procedure as Rule 40E-O,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 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 28-106,301(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 StERP. 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 responsible for causing or contributing to the emergency conditions shall take whatever action nec~ssary 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 10 " 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 tiling of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule 40E-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. 11 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, LAND 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 located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70,001 (4)(a), F.S. LAND USE AND ENVIRONMENTAL DISPUTE 'RESOLUTION 11, A property owner who alleges that a SFWMDdevelopment 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 12 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 infonnation: (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 13 waiver of the SFWMO 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 SFWMO'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) of the petitioner; (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); The name, address, telephone number and any facsimile number (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 adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously 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. 14 INITIA liON 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.AC.) (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, 15 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 Land and Water Adjudicatory Commission may be initiated by the Department or a party by 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; 16 (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 shalf 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 shalf 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 shalf 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.AC.) (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. 17 DONE and ORDERED this day of December, 2000, at West Palm Beach, Palm Beach County, Florida, at the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS EXECUTIVE DIRECTOR. Executive Director ATTEST: Secretary FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON: BY: C:\My Documents\Dala\Cede Ross\Waler Shonage\Declaralion of Waler Shortage Emergency FinallEC.doclro e.;ik'bit' A ~XJII , .., ."oj_ .~ w;. /~'tti II ~ aoMld) CI!:IWllr ./ M Cor.., w~ ConSlel!\<a1liein AlII's ltD. ! IC..Sf !'i_, (:cn~n,4!NlIflt.Z .. , . W.UI' C~t\.f,;WJlilt.i ~. NO, '3 11 w~. l' 5 o 5 HlMleli !7"IliI _ '.a<!!!II!J 19 EXHIBIT B 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) EssentiallDomestic/Utility/Commercial, (a) Essential Use 1, The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses shall not be restricted. 2, Fire hydrant flushing shall be undertaken only on an emergency basis, 3. Sanitary sewer line nushing 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. for washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds, 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 person or entity shall be restricted as follows: a, projects one irrigated acre or greater in size shall be limited to one hour per acre per week, 20 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 must be 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. (t) 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 AM, 2. Low volume irrigation hours shall not be restricted. 3, All irrigation systems 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 AM, 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 Aquacultural water use shall be voluntarily reduced. (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, (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 AM, to 8:00 P,M" seven days per week, b, outside - 7:00 P.M, to 7:00 AM., 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 21 minutes per irrigation zone from 11 :30 AM, 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 AM, to 8:00 AM" Monday through Friday, b, 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 12:01 AM, to 8:00 AM" 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 AM, 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 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours from 12:01 A.M, to 8:00 A.M" 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. 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, (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 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. 3. Watering of pervious non-vegetated recreational/sporting surfaces shall be restricted to ten minutes of application prior to each recreational/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, 22 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 AM. to 8:00 AM. 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 AM, to 8:00 AM., 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 Use 1, The District shall request the U. S. Army Corps 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. 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 eqLiipment 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. 23 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 aesthetic uses of water shall be voluntarily reduced, Specific Authority 373.044,373.113 FS. Law Implemented 373.175,373.246 FS. History-New 5-31-82, Amended 1-26-86, 2-14-91. 24 "" r~.. .~. . ::i '.' ..J., '. I! ~ 11 RESIDENTIAL Water-Use Restrictions - Phase II NOVEMBER 30, 2000 Water Shortages . Water-use restrictions DO NOT apply to the use of treated wastewater (reuse water), desalinated water or water from aquifer stor- age and reco~ry wells. . Water-use restrictions DO NOT apply to low-volume Irrigation using equipment or devIces that apply water directly to the root area of a plant . Water-use restrictions DO apply to water from private vvells and all surface waters such as canals, lakes, ponds and rivers. . Any exemptions from the restrictions must be through a formal process, that Is, by obtainIng a variance from the District. Water shortages and water conservation fall under the DIstrict's mission for water supply. South Florida depends upon rainfall for Its water supply. V\lhlle South Rorida gets 55-60 inches of rain a year, the rainfall Is seasonal, faIlIng mostly In the summer and fall, The raInfall Is also cydlcal, meaning there are typi- cally 1 Q-year cydes of drought and flood. To manage water shortages In an organized and effIdent manner, the District has adopted a Plan and a Rule to restrict water use when supplies fall short. (Sec. 373.246, F.S.; 01. 40E-21, FAc.). The goal Is to protect the remaining supply by conserving water, pre- venting saltwater Intrusion and assuring a fair distribution of available supplies. Before declaring a water shortage and Imposing mandatory water-use restrictions, the District typically alerts the public by issuing a -warn- Ing:' Under a water shortage warning, resi- dents are asked to conse"!E! water voluntarily. Water Users Water users are grouped Into categories according to use - residential, agriwltural, industrial, recreational, etc. - and, according to the soum! from whIch the water comes. Residential users are the largest user-group affected by water restrictIons. NOTE This document represents a summary of phase II Water-Use Restrictions as they apply to t1!Sidential use. For more details, or for a copy of the Water Shortage Rule, contact the South Florida Water Management District at 1-800-662-8876 or visit our web site at www.sfwmd.gov. Residential. Water-Use Restridions - Phase II Landscape Irrigation & Maintenance for Homes With Less Than Five Acres of land . Watering is permitted on WD1esdays and Saturdays from 4-8 am. for homes with addresses that end with an odd number (1,3,5,7,9). . Watering is permitted on lhursdays and Sundays from 4-8 a.m. for homes with addresses that end with an even number (0,2,4,6,8) or with no address. . Watering by hand with one hose and an automatic shut-off nozzle Is allowed from 5-7 p.m. on the same days. . New landscaping, planted for less than thirty days, may be waterro Mondays, Wednesdays, lhursdays and Fridays from 2-8 am. . New landscaping may be watered at any time by hand with one hose and an automatic shut-off nozzle. . Pestldde applications are allowed during hours and days of the watering schedule. . PestJdde application is permitted by a licensed professional at any time. lhe applicator mllSt be present during application. . When deanlng, adjusting or repairing existing Irrigation systems, ten minutes of operating the irrigation system per zone/per week Is permitted. And, ten minutes of system operation is permitted on a one-tlme basis for new Irrigation systems. Landscape Irrigation a Maintenance for Homes With More Than Five Acres of Land . Watering Is permitted on Wednesdays and Satun::lays from 12:01- 8 a.m. for homes wIth addresses that end with an odd mmber (1,3,5,7,9). . WaterIng Is permitted on lhursdays and Sundays from 12:01- 8 a.m. for homes wIth addresses that end with an even number (0,2,4,6,8) or with no address. . Watering by hand with one hose and an automatic shut-off nozzle Is allowed from 5-7 p.m. on the same days. . New landscaping, planted for less than thirty days, may be waterro Mondays, ~days, lhursdays and FrIdays from 12:01- 8 a.m. . New landscaping may be watered at any time by hand with one hose and an automatic shut-off nozzle. · PestJdde applications are allowed during the hours/days of the watering schedule. . PestIcide application Is permitted by a licensed professional at any time. lhe applicator mllSt be present durIng application. . When deanlng, adjusting or repairing existing Irrigation systems, ten mInutes of operating the Irrigation system per zone/per week Is permitted. And, ten mInutes of system operation is permitted on a one-time basis for new Irrigation systems. Car, Boat & Equipment Washing . Residential washIng of cars, boats and other equipment Is permitted 4-8 a.m. and 5-7 p.m. on the landscape watering days. Washing mllSt be done on, or mllSt drain to, a non-paved surface that permits water to soak Into the ground. And, It must be done using a hose with an automatic shut-off nozzle. . Washing and detailing of cars is aIlowed anytime If done by a I1censed Individual or company using an automatic shut-off nozzle and low water-use techniques. . RInsing and flushing of boats after saltwater use Is aIlowed once a day for up to 15 minutes per boat. Other Outdoor Water Uses . Washing or rinsing of sidewalks, driveways, streets or other paved surfaces Is NOT AllOWED at any time unless done with low-volume pressure deanIng equipment 1hat Is, the equipment mllSt be designed to reduce the volume of water used. . low-volume pressure deanlng of any surface and .stn.Jcture Is permitted. . Uve-aboan::l boats that se~ as a primary residence may be washed or rInsed during the landscape watering day/tlme schedule based on the number of the boat slip or the address of the location of the dock. . F1l/1ng or refilling of swimming pools Is allowed. If a pool Is emp- tied, It mllSt drain onto a non-paved surface such as a lawn. . Re-drculatlng fountains and ornamental water features may be operated If the water use Is effldent, meaning that there Is no wInd draft, leaking or over1/owlng of water. Further Water Supply Shortages lhe District may declare more stringent restrictions as set forlh In Phases 11/ and IV. For the average person, the major difference In the phases Is the number of days and hours that water may be used outside the home. Residential Irrigation hours: Phase III, one day for three hours; Phase IV, one day for one hour; and, In more severe conditions, the District may resbict all outside watering. - FOR WATER CONSERVATlON INFORMATlON 8- MATERIAlS - Contact the SFWMD at 1-800-662-8876. lhls publication is also available on our Water Shortage web site at http://www.sfwmd.gov/curre/watshort/lndex2.html South Florida Water Management DIstrict 3301 Gun Oub Road. West Palm Beam, Horida 33406 561-686-8800 . FL WAYS 801H32-2045 . www.sfwmd.gov MAILING ADDRESS: P.O. Box 24680 . West Palm Beach, FL 33416-4680 JWl21llO ~~~"1p.".qG.\!. 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) EssentialJDomestidUtility/Commercial (a) Essential Use 1. The use of water for fIfefighting, safety, sanitation, health and medical purposes and other essential uses shall not be restricted. 2. Fire hydrant flushing shall be undertaken only on an emergency basis, 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 50 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 reduced to levels no greater than 45 pounds per square inch. Upon reduction of pressure, the utility shall notify the appropriate fIfe-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. for washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds, 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 person or entity shall be restricted as follows: a. projects one irrigated acre or greater in size shall be limited to one hour per 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 must be 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 1. 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. AIl irrigation systems 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) AquacuItural Use Aquacultural water use shall be voluntarily reduced. (d) Soil F100ding 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. (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., on odd numbered days. c. Outside overhead irrigation for containerized nursery stock moisture stress reduction on stock grown in containers up to and including one 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. F100d irrigation systems shall be restricted to 6 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, Wednesday, Thursday and 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, Wednesday, Thursday and 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, two days per week. a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and Sunday. 2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours from 12:01 A.M. to 8:00 A.M" two days per week. a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on 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. (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 in place for less than thirty days shall be allowed daily for 5 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. Watering of pervious non-vegetated recreational/sporting surfaces shall be restricted to ten minutes of application prior to each recreational/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 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. on 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 5 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. 3. Existing facilities shall not be refilled except for makeup water, unless the facility is leaking more than one inch of water a day. If a facility is leaking more than one inch of water a day and is in need of repair, it may be drained onto a pervious surface for repairs and subsequently refilled. (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 18 degrees Fahrenheit. (b) Dewatering Use Discharge of fresh water to tide from dewatering shall be prohibited. (c) Navigation Use 1. The District shall request the U. S. Army Corps 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-19 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. 3. IT 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, IT 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 Wednesday and Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on 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 ae~thetic uses of water shall be voluntarily reduced. Specific Authority 373.044,373.113 FS. Law Implemented 373.175,373.246 FS. History-New 5- 31-82, Amended 1-26-86,2-14-91. , Rules of the South Florida Water M;1nagement D.istrict CHAPTER 40E-21 ;. , , ,I ~t WATER SHORTAGE February; 1991 WATER SHORTAGE PLAN CHAPTER 4OE-21 Rules of the South Florida Water Management District WATER SHORTAGE PLAN CHAPTER 40E-21 PART I GENERAL 40E-21.011 Policy and Purpose 40E-21.031 Elements of the Plan 40E-21.051 Definitions 40E-21.132 Water Use Restrictions PART II DECLARING AND IMPLEMENTING A WATER SHORTAGE 40E-21.221 Evaluating Water Conditions 40E-21-231 Declaring a Water Shortage 40E-21.251 Water Shortage Phases 40E-21.271 General Water Use Restrictions 40E-21.275 Variances 40E-21.291 Implementing a Water Shortage Declaration PART III EMERGENCY PROVISIONS 40E-21.331 Declaring a Water Shortage Emergency 40E-21.371 Water Use Restrictions in a Water Shortage Emergency 40E-21.391 Implementing a Water Shortage Emergency Declaration PART IV MONITORING AND ENFORCEMENT 40E-21-401 Monitoring 40E-21.421 Enforcement PART V SPEOFIC RESTRICTIONS 40E-21.S01 Specific Restrictions 4OE-21.S21 Phase I Moderate Water Shortage 4OE-21.S31 . Phase II Severe Water Shorta,ge 40E-21.541 Phase III Extreme Water Shortage 40E-21.SS1 Phase IV Critical Water Shortage PART VI THE CLASSIFICATION SYSTEM 40E-21.611 Classification System 40E-21.631 Source Classes 4OE-21.651 Use Classes 4OE-21.671 Method of Withdrawal Classes,., PART I GENERAL 4OE-21.011 Policy and Purpose. (1) The rules 'in this chapter comprise the District's water shortage plan required under subsection 373.246(1), Florida Statutes. The purposes of the plan are to protect the water resources of the District from harm; to assure equitable distribution of available water resources among all water users during times of shortage, consistent with the goals of minimizing adverse economic, social and health related impacts; to provide advance knowledge of the means by which water apportionments and reductions will be made during times of shortage, and to promote greater security for water use permittees. (2) These rules apply to all water users including those exempt from permitting pursuant to Rule 40E-2.051. However, these rules shall not apply to users whose source of water is limited solely to treated effluent or seawater. Thus, for each regulated source and type of use it is the policy of the District to restrict water users uniformly, regardless of whether the user uses water from a public or private utility system, pursuant to a consumptive use permit issued under Chapter 40E-2, or from a private well for domestic or individual home use. Specific Authority , 373.044, 373.113 F.S. L.w Implemented 373,175,373.246 F.5. History-New 5-31-82. 4OE-21.031 Elements of the Plan. The water shortage plan consists of the following elements: (1) Part I. General - Part I provides the general goals and objectives of the District in . ..... ._developjng.and .adopting,the water shortage plan. The various elements of. the plan are destribed, and definitions for key terms used in the plan are provided. (2) Part II. Declaring and Implementing a Water Shortage - Part II describes the procedures the District will utilize in declaring a water shortage. Provisions are made for comparing estimated present and anticipated water supplies with estimated present and anticipated user 21-1 WATER SHORTAGE PLAN CHAPTER 4OE-21 user. Method of withdrawal classes within the (lB)WNursery stockW means all plants, trees, District are specified in rule 4OE-21.671. shrubs, vines, bulbs, cuttings, grafts, scions, buds, (B) wSurface water use basinw means the flowering annual plants, aquatic plants, seeds, geographical area within which a user obtains corns; or tubers, grown or kept for propagation, water from surface waters. Surface water use distribution or sale. basins are a type of source class and are identified (19)WMobile equipmentW means any public, in subsection 4OE-21.631(1). private or commercial automobile, truck, trailer, (9) wGround water sourcew means a source railroad car, camper, boat, or any other type of class within which users obtain water directly from,.- .similar' equipment:' The terin"shall not include water table aquifers or from confined or semi mobile homes, boats that serve as a primary confined aquifers. Ground water sources are a residence, sanitation or sludge vehicles or food type of source class and are identified in vending or transporting vehicles. subsection40E-21.631(2). (20)WEven numbered addressw means the (10)WPercent reduction in overall demandw house address, box number or rural route ending means the weighted average reduction in all in the numbers 0,2,4,6, B or the letters A-M. Post water uses within a source class, regardless of the office box numbers are not included. type of use or method of withdrawal, which is (21)WOdd numbered addressw 'means the necessary to reduce estimated present and house address, box number or rural route ending anticipated demand to estimated present and in the numbers, 1,3,5,7,9 or the letters N-Z. Post anticipated available water supply. office box numbers are not included. (11)wPlanw means the water shortage plan (22)WOdd numbered daysw means the days authorized in section 373.246, Florida Statutes, whose dates end in the numbers 1,3,5,7, or 9. For and contained in this chapter. purposes of this chapter the date shall be (12)WLow-volume irrigationw means the use determined by the day during which a watering of equipment and devices specifically designed to period ends. allow the volume of water delivered to be limited (23)WLow-volume wateringW means the use to a level consistent with the water requirement of of equipment, devices, materials and/or methods, the plant being irrigated and to allow that water ' including low-volume hand watering, which limit to be placed with a high degree of efficiency in the the amount of water applied to a surface to the root zone of the plant. The term also includes minimum necessary for dus.t control or water use in mist houses and similar evaporation suppression; use of equipment establishments for plant propagation. Overhead specifically designed to reduce flow and increase irrigation and flood irrigation are not included. saturation efficiency to a level accepted under (13)WOverhead irrigationw means the use of industry standards. equipment and devices which deliver water under (24)WLicensew means, but is not limi.ted to, pressure, through the air, above the level of the the appropriate professional registration, plant being irrigated. occupational license, contractor license or (14)WFlood irrigationw means the delivery of applicator license for the jurisdiction in which plant or crop irrigation water by the design and work is being performed. practice of the flowing of water over the surface SpKificAuthority 373.044,373.113F.S. to saturate the root zone or in specific applications LftV Implemented 373.175,373.246 F.S. . . History-New 5-31~, Amended 1-26-86, 2.14-91. the raising of the level of groundwater through the root zone or to the soil surface. (15)WLow volume hand wateringW means watering by one hose attended by one person, fitted with a self-canceling or automatic shutoff nozzle. , -Cf6J- Low-valu me "'m ob i1e -e q-u ipm'e nt'" washingW means the washing of mobile equipment with a wbucketW and .sponge. or a hose with a self-canceling or automatic shutoff nozzle or both. (17)wLow-volume pressure c1eaningW means pressure cleaning by means of equipment which is specifically designed to reduce the inflow volume as accepted by industry standards. 4OE-21.132 Water Use Restrictions. (1) The Water Shortage Plan in this section establishes the water use restrictions to be followed when the Board declares a water shortage within the Lake Istokpoga-Indian Prairie '-area-; The .restrictions are ~ntended to insure that established minimum flows and levels within the area maintained and that the water resources within the area do not suffer serious harm. (2) If the Board declares a water shortage pursuant to rule 40E-21.231 or the Executive Director with the advice and concurrence of the Board declares a water shortage emergency pursuant to rule 40E-21.331 within the Lake Istokpoga-Indian Prairie Area, then uses from the 21-3 WATER SHORTAGE PLAN voluntary reductions in demand within that source. (4) If a water shortage is declared for a source class, the District shall estimate the percent reduction in overall demand required to reduce demand to available water supply. The restricted area may include for enforcement purposes, all or part of a county, municipality, surface water basin or utility service area which impacts a sour.ce.c1ass., for which a water shortage is declared. Specific AuthOrity 373.044,373.113 F.S. Law Implemented 373.175,373.246 F.5, History-New 5-31-82, Amended 1-26-86. 40E-21.251 Water Shortage Phases. (1) This rule establishes four phases of water shortage as a function of the estimated percent reduction in overall demand required to reduce estimated present and anticipated demand to estimated present and anticipated available water supply. The water shortage phase determines the type of water use restrictions which will be ordered in a declared water shortage. (2) The following water shortage phases are established: WaterShortaQe Phase Color , Code " Reduction in Overall Demand I. Moderate W/S Yellow less than 15% II. Severe W/S Orange less than 30% III. Extreme W/S Red less than 45% IV. Critical W/S Purple less than 60% (3) Each source class for which a water shortage has been declared shall be assigned a specific water shortage phase. More than one source class may be combined into a single class for this purpose. The water shortage phase selected for a source class may be based upon: (a) the estimated percent reduction in overall demand as determined in subsection 40E- 21.231(4), and (b) for areas with multiple sources, the extent to which users have the capability to obtain water from a source or sources other than the source class for which a water shortage has been declared. Sp<<if"1C Authority 373.044, 373.113 F.S. Law/mp/emented- . -'313:115;;3'l3.246r.5. History-New 5.31-82. - 40E-21.271 General Water Use Restrictions. (1) This rule specifies general water use restrictions for all users for each water shortage phase. Specific restrictions by user class are presented in part V of this chapter. Users desiring CHAPTER 4OE-21 detailed information about the specific restrictions applying to their use should refer to part V. (2) The Board may order the water use restrictions specified in part V for the appropriate water shortage phase for each affected source class. The restricted area may include for enforcement purposes, all or part of a county, municipality, surface water basin or utility service ,area- which impacts a source class for which a water shortage is declared. Further, the Board may order any combination in lieu of or in addition to the restrictions specified in part V of the restrictions described in subsection (3), by use or method of withdrawal class, within each source class, if necessary to achieve the percent reduction in overall demand. (3) Additional restrictions which may be considered include: (a) provisions that recognize the right of water users in an area to make voluntary agreements among themselves, with the concurrence of the Board or the Executive Director, providing for the mutual reduction, sharing, or rotation of use, (b) provisions for the distribution of water to permittees in exchange for ceasing or reducing ground or surface water withdrawals, (c) provisions for the metering and reporting of all water used, diverted, impounded, extracted or withdrawn, , (d) provisions designed to maintain minimum flows and minimum levels, (e) provisions which recognize the extent to which users can satisfy water demands from sources for which a water shortage has not been declared, (f) provisions for monitoring water levels and determining chloride concentrations in order to protect against salt water intrusion or other d.eterioration of water quality including the closing and plugging of wells, (g) restrictions on the total amount of water that may be used, diverted, impounded, extracted, or withdrawn during any day, month, or year, (h) restrictions on the timing of use, diversion, impoundment, extraction, or .. ...-withdrawal.of ,water)- ,. _.. ,,' (i) restrictions on pumping rates or diversion rates, or G> such other provisions or restrictions as are necessary to protect the water resources from serious harm. Specific Authority Law Implemented History--New 373.044,373.113 F.S. 373.175, 373.246 F.S. 5-31-82, Amended 1-26-86 21-5 WATER SHORTAGE PLAN . CHAPTER 4OE.21 petition for informal proceedings in accordance with section 4OE.1 ,571 (2), (b) The Executive Director or his designee shall review the application and the staff recommendation. Applications which do not require immediate action or which do not comply with the provisions of subsections (2) through (4) may be deferred for Board action. Applications which require immediate action and which compLy. with the provisions of subsections (2) through (4) may be temporarily granted by the Executive Director or his designee. Temporary variances granted by the Executive Director or his designee shall be presented to the Board for concurrence, rejection or modification. . (c) The Board shall consider all deferred applications as well as'those temporarily granted by the Executive Director or his designee, at its next regularly scheduled meeting. The Board may grant, or deny the deferred applications and may concur in, reject or modify those variances temporarily granted by the Executive Director or his designee. All Board action denyi ng applications for variances shall be by written order and copies shall be furnished to the applicant and the appropriate law enforcement officials. An applicant whose variance has been granted shall be furnished an appropriate notice of water shortage variance and any attachments which shall be prominently displayed at the applicant's place of use. (d) The Board may revoke or modify a variance when it determines that the continued utilization of the variance is inconsistent with the objectives of the District. Specific Authority 373.044, 373.113 F.5. L.w Implement.cJ 373.175,373.246 F.S. History-New 5.31-82, Amend.cJ 1.26-86,2-14.91, 40E.21.291 Implementing a Water Shortage Declaration. (1) When a water shortage is declared, or if already declared if more severe restrictions are imposed, the District will publish notice of the declaration or restrictions at least once in newspapers of general circulation in the areas affected. In addition the District shall make every effort to inform the general pubHc of the restrictions-in- effe'ct"' and the-'-sources ~of -supply which are affected. Particular attention shall be given to presenting this information in a form which is easily understood and applied by the citizens of the affected areas. (2) The District shall notify each affected permittee within the affected source class of any change in the condition of his permit, any suspension of his permit, or any other restriction on his use of water. Notice shall be by regular mail. (3) The District shall notify local elected officials of any water shortage declaration. Notice shall be by the best practicable means under the circumstances. In addition local law enforcement officials shall be notified as soon as possible of any water shortage declaration or change of restrictions affecting their areas of responsibility, Any special materials necessary for enforcement of the..order shall ,be 'furnished' to local law enforcement officials by the best practicable means under the circumstances. (4) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified or rescinded by the Board. (5) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified or rescinded by the Executive Director if all of the following circumstances are present: (a) the Board previously issued a declaration of water shortage which remains in effect, (b) the order rendering the Board's declaration of water shortage specifically delegates to the Executive Director the authority to modify or rescind the existing water shortage restrictions, and (c) The District's monitoring of water conditiens and plan implementation reasonably demonstrates that a modification or recision of the Board's declaration of water shortage is warranted and necessary, (6) All decisions of the Executive Director made pursuant to this subsection shall be by order and subject to ratification by the Board at the next scheduled Board meeting. (7) An order declaring a water shortage or imposing more severe restrictions shall become effective on the day after any notice required in subsection (1) is published. An order declaring a water shortage shall remain in effect until modified or rescinded by the Board or the Executive Director. Specific Authority 373.044,373.113 F.S. L.w Implement.cJ 373,119,373,175,373.246 F,S. History--New 5-31-82, Amend.cJ 1-26-86. PART III EMERGENCY PROVISIONS 4OE-21.331 Declaring a Water Shortage Emergency. (1) This rule sets forth the steps the District will take to evaluate water conditions within the District in order to determine whether a water shortage emergency exists. .. A water shortage 21-7 WATER SHORTAGE PLAN CHAPTER 4OE-21 4OE-21.391 Implementing a Water Shortage Emergency Declaration. (1) When a water shortage emergency is declared, or if already declared if more severe restrictions are imposed, the District will publish notice of the declaration or restrictions at least once in newspapers of general circulation in the areas affected. In addition the District shall make every effort to inform the general public of the, restrictions in effect and the sources of supply which are affected. Particular attention shall be given to presenting this information in a form which is easily understood and applied by the citizens of the affected areas. (2) The Executive Director shall notify each affected user of any change in the condition of his use, any suspension of his use, or any other restriction on his use by' any means reasonable under the circumstances. When the Board concurs in and ratifies the Executive Director's action, affected permittees shall be notified as provided in subsection 4OE-21.291(2). (3) The District shall notify local elected officials of any water shortage emergency declaration. Notice shall be by the best practicable means under the circumstances. In addition local law enforcement officials shall be notified as soon as possible of any water shortage emergency declaration or change of restrictions affecting their areas of responsibility. Any special materials necessary for enforcement of the order shall be furnished to local law enforcement officials by the best practicable means under the circumstances. (4) The declaration of a water shortage emergency and any measures adopted pursuant thereto may be modified or rescinded by the Executive Director with the advice and concurrence of the Board or by order of the Board. (5) An order declaring a water shortage emergency and any measures adopted pursuant thereto shall become effective upon issuance, unless otherwise specified in the order. An order declaring a water shortage emergency and any measures adopted pursuant thereto shall remain in effect until modified or rescinded pursuant to subsection (4). spttdfic Authority uw Implemented Histoty-New 373.044, 373. 7 73 F.s. 373.779,373.775,373.246 F.S. 5-37-82. . PART IV MONITORING AND ENFORCEMENT 40E-21.401 Monitoring. (1) This rule generally describes the data collection and analysis the District may undertake in anticipation of and during a declared water shortage or water shortage emergency. Monitoring data may be used to determine: {a) whether a water shortage or water shortage emergency should be declared, (b) whether the restrictions in effect are sufficient to protect the water resources and users within the affected area, in light of existing and . anticipated climatological conditions, arid (c) whether the restrictions in effect are being adequately enforced. (2) Data may be obtained from any source available, including but not limited to: (a) the District, (b) other water management districts, (c) permittees who are required to submit data as a condition oftheir permit, (d) any local, state or federal agency, and (e) any other source available. (3) Resource Monitoring When appropriate the District shall collect and analyze data concerning any aspect of the water resource. Data which may be collected include but are not limited to: (a) levels in suriace and ground waters, including potentiometric heads, in confined and semiconfined aquifers, (b) water quality in suriace and ground waters, (c) flows in surface waters, (d) transfers of water from one source class to another, (e) demand of natural systems, including but not limited to losses due to evapotranspiration and seepage, (f) rainfall, (g) impacts on fish and wildlife, and (h) other data required to evaluate the status of the water resources of the District. , (4) Demand Monitoring When appropriate the District shall collect and analyze data concerning any aspect of user demand upon the water resources. Data which may be collected include but are not limited to: (a) demands of permitted users, (b) demands of users exempt from permitting, but subject to the provisions of the . ".water-shortage plan, (e) demands of users whose supply of water is established by federal law, and (d) other data required to evaluate demands on the water resources of the District. (5) When appropriate, the District may prepare a drought management report summarizing the data gathered pursuant to this rule. 21-9 WATER SHORTAGE PLAN CHAPTER 4OE-21 2. Fire hydrant flushing shall be undertaken only on an emergency basis, 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 industr,ial 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 7:00A.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. for washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds, 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 wastnha1l-be-voftmtariIYTeduced. 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 person or entity shall be restricted as follows: a. projects one irrigated acre or greater in size shall be limited to one hour per 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 must be on the premises when water is applied , outside of the hours allowed-forirri'gation. 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) Ag ricu Itu re (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 irrigation systems 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 Aquacultural water use shall be voluntarily reduced. .- .., -(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 21-11 WATER SHORTAGE PLAN 1. The District shall request the U. S. Army Corps 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,o.f 5-79 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. 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)'-A1!sthetic Use 1. Non-recirculating outside aesthetic uses of watet 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. CHAPTER 4OE-21 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 aesthetic uses of water shall be voluntarily reduced., , Specific Authority 373.044, 373.113 F.S. Law Implemented 373.175, 373.246 F.S. History-New 5-31-82, Amended 1.26-86, 2-14-91. 4OE-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 1. The use of water forfirefighting, safety, sanitation, health and medical purposes and other essential uses shall not be restricted, 2. Fire hydrant flushing shall be undertaken only on an emergency basis. 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 50 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 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, -~mproviRg..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: 21-13 VVATERSHORTAGEPLAN CHAPTER 4OE.21 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 alltypes of irrigation, except low volume irrigation, and 5:00 P,M. to 7:00 P.M. for low volume hand watering, two days per week. a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and Sunday. 2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours from 12:01 A.M. to 8:00 A.M., two days per week. a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on 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. (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 in place for less than thirty days shall be allowed daily for 5 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. Watering of pervious non-vegetated recreational/sporting surfaces shall be restricted to ten minutes of application prior to each recreational/sporting event. Low volume watering shall be used. (e) Golf Cou rse Use ".- -Irrigation-of- greens-and-,teesshall,be voluntarily reduced and shall be accomplished during non-daylight hours, 2. Irrigation of 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 Wednesday and Saturday. 3. Irrigation of fairways, roughs and non playing 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. on 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 5 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. (1) 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, 3, Existing facilities shall not be refilled except for makeup water, unless the facility is leaking more than one inch of water a day. If a facility is leaking more than one inch of water a day and is in need of repair, it may be drained onto a pervious surface for repairs and subsequently refilled. (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 Use' 1. The District shall request the U. S. Army Corps 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 5-79 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. ,'3. If the res~rictions 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"restric.tjons. 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. 21-15 VVATER SHORTAGE PLAN CHAPTER 4OE-21 a, projects one irrigated acre or greater in 6. Overhead irrigation for field grown size shall be limited to one hour per acre per week, citrus nursery stock moisture stress reduction shall b, projects less than one irrigated acre in be allowed daily for 10 minutes per irrigation zone size shall be limited to 10 minutes per zone per from 11 :30 A.M, to 12:00 P.M., 1 :30 P.M. to 2:00 week. P,M. and 3:30 P.M. to 4:00 P.M. 4. Water use for pesticide application (b) Livestock Use under the supervision of a licensed pest control Livestock water use shall be voluntarily operator shall be voluntarily reduced. Under the reduced, provisions of this subparagraph, the applicatoL, --, ,-_.(c) Aquacultural Use - must be on the premises when water is applied Aquacultural water use shall be voluntarily outside of the hours allowed for irrigation. reduced. 5. Water use for well development under (d) Soil Flooding the supervision of a licensed well contractor shall 1. Soil flooding for vegetable seed be voluntarily reduced. planting, rice planting, burning of sugarcane prior 6. Water use for mobile equipment to harvest and to permit harvesting ohod shall be washing by a licensed person or entity shall be voluntarily reduced. voluntarily reduced. 2. Soil flooding"for all other purposes shall (f) Diversion and Impoundment into Non- be prohibited. District Facilities (e) Freeze Protection 1. Water used for diversi on and Water use for freeze protection shall be impoundment into non-District facilities shall be restricted to situations in which official weather voluntarily reduced. forecasting services predict temperatures likely to (2) Agriculture cause permanent damage to crops. (a) Agricultural Use (3) Nursery/Urban Irrigation/Recreation 1. Overhead irrigation shall be restricted (a) Nursery Use to the hours of 7:00 P.M. to 7:00 A.M. 1. Low volume irrigation, uses and low 2. Low volume irrigation hours shall not volume hand watering shall be voluntarily be restricted. reduced. 3. All irrigation systems shall be operated 2. Overhead irrigation uses shall be in a manner that will maximize the percentage of restricted as follows: water withdrawn and held which is placed in the a. inside - 8:00 A.M. to 8:00 P.M., on odd root zone of the crop and will minimize the numbere~ days. amount of water which is withdrawn and released b. outside - 12:01 A.M. to 7:00 A.M., on or lost to the user but is not immediately available odd numbered days. for other users. c. 'Outside overhead irrigation for 4. Users having access to more than one containerized nursery stock moisture stress source class shall maximize the use of ' the lesser or reduction on stock grown in containers up to and least restricted source class. including one gallon in size shall be allowed daily 5. Withdrawals by each user from each for 10 minutes per irrigation zone from 11 :30 A.M. source class in each month shall be limited to an to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 P.M. amount that represents each user's share of the to 4:00 P.M. total allocation for agricultural irrigation made by 3. Flood irrigation systems shall be the District from that source for that month and in restricted to 4 days per month. that basin. The District's allocation for agricultural (b) Landscape Irrigation - New Installation irrigation will be determined based on its 1. For installations which have been in evaluation of the supply capabilities of the source place for less than 30 days and class, the supply capabilities of other source classes a. less than 5 irrigated acres in size, water available in the area;-the-ne-eds "Ofagriculture-'and -'-- use fOf.ifrigat~on-shaU. be.restricted to the hours of all other users in the area and the District's overall 2:00 A,M. to 7:00 A.M., Monday, Wednesday and management strategy for handling the Friday, uncertainties of future climatological events. The b. 5 irrigated acres or greater in size. water share of the total agricultural irrigation allocation use for irrigation shall be restricted to the hours of available to each user will be based on any 12:01 A.M. to 7:00 A.M. Monday, Wednesday and prioritization among crops the District establishes Friday. based on economic loss and equity considerations 2. Low volume irrigation and low volume and the acreage and quantity of withdrawals for hand watering of new landscaping shall be which the user has been permitted. voluntarily reduced. 21.17 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., for washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds, i. use in excess of 75 gallons per wash shall be prohibited, ii. use equal to or less than 75 gallons but more than SO gallons per wash shall be restricted to the hours of 8:00 A.M. through 3:00 P.M., and iii. use equal to or less than SO gallons per wash shall be voluntarily reduced; b. for washes servicing mobile equipment weighing 10,000 pounds or more, i. use in excess of 1 SO gallons per wash shall be prohibited, ii. use equal to or less than 1 SO gallons but more than 100 gallons per wash shall be restricted to the hours of 8:00 A.M. through 3:00 P.M., and iii. use equal to or less than 100 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 person or entity shall be restricted as follows: ' a. projects one irrigated acre or greater in size shall be limited to one hour per acre per week, b. projects less than one irrigated acre in 2. Domestic type use in industrial and size shall be limited to 10 minutes per zone per commercial establishments shall be voluntarily week. reduced to the minimum levels necessary to 4. Water use for pesticide application preserve public health and safety. under the supervision of a licensed pest control (c) Water Utility Use op.erator shall be voluntarily reduced. Under the 1. Initial pressure at the point of use provisions of this subparagraph, the applicator (meter) shall be reduced to levels no greater than must be on the premises when water is applied 45 pounds per square inch. Voluntary initial outside ofthe hours allowed for irrigation. pressure reductions below 45 psi shall be made 5, Water use for well development under consistent with the utility's ability to maintain the supervision of a licensed well contractor shall adequate service and fire flow pressures. Upon be voluntarily reduced. reduction of pressure, the utility shall notify the' 6. Water use for mobile equipment approp(~a.te-.fi.re4ighting-.ag,enc;ies...and .make .._..washing-by .a,liceosed_person.or entity shall be arrangements for direct, communication when voluntarily reduced. additional pressure is required. (f) Diversion and Impoundment into Non- 2. New water line flushing and District Facilities disinfection shall be restricted to the hours of 7:00 1. Water used for dive rsion and P.M. to 7:00 A.M. seven days per week. impoundment into non-District facilities shall be 3. As may be appropriate the utility shall voluntarily reduced. institute additional conservation measures such as (2) Agriculture reclaiming of backwash water, improving and (a) Agricultural Use accelerating leak detection surveys and repair WATER SHORTAGE PLAN 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 Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on Sunday, (e) Aesthetic Use 1. Outside aesthetic uses of water shall be prohibited. 2. Inside aesthetic uses of water shall be prohibited. Specific Authority Law Implemented History-New 373.044,373.113 F.S. 373.175,373.246 F.S. 5-31-82, Amended 1-2U6, 2-14..91. 40E-21.551 Phase IV Critical Water Shortage. The following restrictions shall apply when a Phase IV shortage is declared by the District. (1) EssentiallDomestic/UtilitylCommercial (a) Essential Use 1, The use of water for firefighting, safety, sanitation, health and medical purposes and other ,essential uses shall not be restricted. 2. Fire hydrant flushing shall be undertaken only on an emergency basis, 3. Sanitary sewer line flushing and testing shall be undertaken only on an emergency basis~ (b) Domestic Type Use 1. Residential type domestic use shall be voluntarily reduced to 30 gallons per person per day. CHAPTER 4OE-21 21-19 WATER SHOKT Auk "LAN "-..~. .....to_....__. 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. Watering of pervious non-vegetated recreational/sporting surfaces shall be restricted to ten minutes of application prior to each recreational/sporting event. Low volume watering shall be used. (e) Golf Course Use 1. Irrigation of greens shall be voluntarily reduced ~nd shall be accomplished during non- daylight hours, 2. Irrigation of tees shall be restricted to non-daylight hours one day per week. The front nine holes shall be restricted to Saturday and the back nine holes shall be restricted to Sunday, 3. Irrigation of fairways, roughs and nonplaying areas on the first nine holes of the course shall be restricted to the hours of 4:00 A.M. to 7:00 A.M. on Saturday. 4. Irrigation of fairways, roughs and nonplaying areas on the last nine holes of the course shall be restricted to the hours of 4:00 A.M. to 7:00 A.M. on Sunday. (f) Water Based Recreation Use Water based recreation water use shall be restricted, as follows: 1. Draining offacilities into sewers or onto impervious surfaces shall be prohibited. 2. Filling of new or existing facilities shall be prohibited, 3. Use of makeup water shall be prohibited. (4) Miscellaneous (a) Cooling and Air Conditioning Use 1. 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. 2. Cooling and air conditioning systems shall not discharge water to tide. 3. Reuse of water shall be required. (b) Dewatering Use Discharge of fresh water to tide from dewatering shall be prohibited, (c) Navigation Use 1. The District shall request the U. S. Army Corps of.e-ngineers--to,.ri!strkt ,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 5-79 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. 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..and3. 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, Monday and Wednesday. 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 Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on Sunday. (e) Aesthetic Use 1. Outside aesthetic uses of water shall be prohibited. 2. Inside aesthetic uses of water shall be p~ohibited. Specific Authority Lilw Implemented History-New 373.044, 373. J J 3 F.S. 373. J75, 373.246 F.S. 5-3J-82, Amend<<l J-26-86, 2- J4-9J. PART VI THE CLASSIFICATION SYSTEM 4OE-21.611 Clas.sification System. - , .'.,.. -Urness- the,emerger.lGy .provisions of part III of this chapter are invoked, water users are regulated by class under the provisions of this water shortage plan. The rules in this part establish the classification system which provides the basis for distinguishing among different user classes. Under the system, each water user is classified according to source, use and method of withdrawal. 21-21 WATER SHORTAGE PLAN CHAPTER 4OE-21 and industrial establishments, public medians and rights of way. (c) -Landscape irrigation - existing installation- means the outside watering or sprinkling of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora which are planted and established and are situated in such diverse locations as residential landscapings, recreation areas, cemeteries, public, commercial and industrial establishments, public medians and rights of way. (d) -Recreation area use. means the use of water for the maintenance and support of intensive recreational areas such as but not limited to playgrounds, football, baseball, and soccer fields, polo fields, tennis courts, race tracks and school playgrounds. (e) -Golf course use- means water used to irrigate an establishment designed and used for playing golf. (f) .Water based recreation use- means water used for public or private spas, swimming pools and wading pools, including water slides. This term does not include pools specifically maintained to provide habitat for aquatic life. (4) Miscellaneous (a) -Cooling and air conditioning use- means the use of water for industrial cooling or for air conditioning. (b) .Dewatering use- means the removal of water from a specific area to facilitate mining or construction. , (c) -Navigation use- means water discharged from ground or surface sources either to tidewater or to downstream lakes or reaches of rivers or canals for the purpose of permitting or promoting boating activity. (d) -Other outside uses. means the use of water outdoors for the maintenance, cleaning and washing of structures and mobile equipment including automobiles and ,the washing ohtreets,- driveways, sidewalks and similar areas. (e) -Aesthetic use- means the use of water for fountains, waterfalls, and landscape lakes and ponds where such uses are entirely ornamental and decorative and serve no other functional purpose. (5) The Board may establish such additional use classifications as it deems necessary. Specific Authority 373.044, 373.113 F.S. Law Implemented 373.175,373.246 F.S. History-New 5-31-82, Amended 2-14-91. 4OE-21.671 Method of Withdrawal Classes. Each water user may be identified by one or more of the following method of withdrawal classes: (1) Surface waters: (a) pump (b) gravity flow (2) Ground waters: (a) 'artesian well (b) pumped well (c) infiltration gallery SpedrlC Authority 373.044, 373.113 F.S. Law Implemented 373.175,373.246 F.S. History--New 5-31-82. 21-24 ATLANTIC OCEAN REGIONS ,. w... eon..fWI.ion A,.... Ewerv..... N.lonal "'rtl 2. Lower EMt CoMt 3- LI"~ .. U........... eo.. 5- W' J............ .. ...... ~ 7- '-- .... CoMt II ,u~# ~ ",- o 10 20 30 ..".n WATER SHORTAGE PLAN REGIONS FIGURE 21-1 .. .. . . " . . . .. .. .. .o... . . .. K F: .....~...: '/' ,-/ t .J ;-' L --,- I :-~? I . -r---: ....... J II ~- !.. ',' H Il i t \ II - \; -....-.....'..r/~,~ 2l~:, ,/ ) ~O ~., -c-" - -~-~ >- - " \ /. : L. ""I 0 - '- I.- :. L '\~~I' ~ E '-. ,- t.. ~V/i q ~YC;_.._.__..... \"J ~~.--..: ~. ...--.~~... I ,...._n..'.......: 1 I \:' N~PL::S II o 10 20 MIL E'S 30 ~ ~ . ~. . $~oW ~ I(EY WEST ~t:) : ., .-::;:::::. __ ,~~ 7t'. ~ ~.:r--- '- \ .':''''..-:''''1 a...,:. ... ,.0 :, -- .t":"~ · ..... --- -' \ · ... .~... , - ~ - I ...-.... "'01 :) :'Q. ~ - I I "c.!. -"'., eE ~ .. ~ ..... ..... "1f;" '_ .! C ~ ""., , -. - . I~ I \, .-_-~ li:,.....,_A.C,~~, _ ':':__ __ to .' I ":': .. -_.=~ ,. =.=.- '-- - , -' --- ... f , ~ ' I ~_.\I: WI!' ~&~.. .IAC.. -: ....... , n 5,... - . u._ - :: .:. - - .. -,...- - . oJ- _AU:t:::.:.:.:..~ U.'. MIQftW...,. .,..TI..........,. 1NT8I.,."""O-"'''' ==== '_11. .OUIID......, _ ....,... UIOUIICI ..0ION .OUlllC --- ....,.. UI........ .aUllO......, --- cou..n.au..o......, ~TINT1AL WATlIt IOURCIS A. ."".act.."" I _ICUIL OIIOU"DW"'"'" o..c' ...Ot.....u. 'T ''''''ACI ....'1.. ......'0. ...........u. .. ..eATIII AOU.ao........ ,. n. D' .........TI Co NT..... I'LOIUDMlIQU.... .. 1IOII..o,U'" I'LOIllOoUl AOUI.... L ........'ONI aou.. .. ..... .....111 a III I AOUlI''' .. OT.... .....Tal_ 011 L&Aft .....TI.._ "0"'"" ... one.. 1&.. _ .ACII.... IOUACU I. ...eYCLID .....,....'1.. LOWER EAST COAST REGION FIGURE 21-3 ~ ~ ~ ~ ~ \; ~ ~ .~ ~ - --1 I I ~ ~ ~ 'V I. i \1 \. . \, \ . " R . , 1 , -I , .... I I I I I f" ~... - --- I A,C,D,I I I I I -- If ~... - POTDmAL w"TUl IOURCU A. 1UUAC8 ..fta. MlRPlCIAL OItOUNOW.ftM o..eT'" "CMAMaD .., lUU.ca ..na ANDfOll ~'''LL .. -.caWIIC AQUlllaoa UIIPIII 'M n. Of' .......T. Co POT.... "'....... aau... .. .....,,&&8 "'01110_ AOUI.... ...,. a IT" ..,... '0 ...... ....-nJllA.. ...... .. ."... ..,.... .. L&AII'r AIIT1__ AOUl'" II. .,.... ...... .. 1aACII.. souae.. L 1lK'f~ .MTIW.Tla o u.a. ........,. o ,T..TI "'OM."" o IWT...T.TI....__..". ....... IIOUI'D"''' _ ..T" ...GUllCI .'O'ON .OU......" --- ...T" us. ....,.. .eu......" -- - eou..n 'OU"GA." UPPER EAST COAST REGION FIGURE 21-5 " \ ' r - ,- ~- I \ ! II - ~----- " ) - - - - I , I ., ~ --.----- -------- - --, ~ I I J I I I f' i l ~ - \ I~ '-'~ " .~\- ./ \ Ii - ,I : I I' ,/--------. " } 1 ,'~ . I' , ---:1. '-..- ./ A. C, D. 0,1 ~ 1'- I I , I FISHEA TING CREEK --------- L 4 ft. E o K E E C HOB E E n P01'IIn'IAL WATllllaOURCU s .., ~ ES o U.., "ICIMW..... o ITAT. "I....". e ""UIT." ..-.". ==== .....0 1IOUII0aa" _ .AT'" ...SOUIIctI ..OlOM lOUIlO..." - - - ..TU us. ....... .ou...." COUll" .OulIOAWI INDIAN PRAIRIE REGION FIGURE 21-7 Florida Environment Statutes 373.609 Enforcement; city and county officers to assist. -It shall be the duty of every state and county attorney, sheriff, police officer, and other appropriate city and county official, upon request, to assist the department, the governing board of any water management district, or any local board, or any of their agents in the enforcement of the provisions of this law and the rules and regulations adopted thereunder. 373.613 Penalties. -Any person who violates any provision of this law or any rule, regulation or order adopted or issued pursuant thereto is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. BNA's Environment Libra~ on CD COPYright 1993-2000, The ureau of National Affairs, Inc. 1 c; \My Documents\Misc DocslFSB Model Water Shortage Ordinance 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2 MODEL WATER SHORTAGE ORDINANCE 3 ORDINANCE NO, 4 AN ORDINANCE OF [COUNTY/CITYj, FLORIDA; 5 PROVIDING FOR LOCAL IMPLEMENTATION OF THE 6 WATER SHORTAGE PLAN OF THE SOUTH FLORIDA 7 WATER MANAGEMENT DISTRICT; PROVIDING 8 DEFINITIONS; PROVIDING FOR ENFORCEMENT AND 9 PENALTIES; PROVIDING FOR CODIFICATION; 10 REPEALING ANY INCONSISTENT PROVISIONS; 11 PROVIDING FOR SEVERABILITY; AND PROVIDING AN 12 EFFECTIVE DATE, 13 WHEREAS, a water shortage or water shortage emergency may be declared 14 from time to time by the South Florida Water Management District affecting 15 [County/City]; and 16 WHEREAS, during such water shortage condition the amount of surface and 17 groundwater supplies may become insufficient to meet current or anticipated demands; 18 and 19 WHEREAS, upon the existence of such conditions it becomes imperative to the 20 public well being that certain uses of water be restricted or curtailed and that available 21 water resources be allocated; and Page 1 of 6 C; \My Documents\Misc Docs\FSB Model Water Shortage Ordinance 1 WHEREAS, the South Florida Water Management District has primary 2 responsibility under Chapter 373, Florida statutes, for regulating water use and 3 allocating available water supplies during periods of water shortage; and 4 WHEREAS, the South Florida Water Management District has adopted a "Water 5 Shortage Plan", codified as Chapter 40E-21, Florida Administrative Code, for the 6 purpose of allocating and conserving the water resource during periods of water 1 shortage and maintaining a uniform approach towards water use restrictions; and 8 WHEREAS, the South Florida Water Management District has requested the 9 assistance of [County/City] in the enforcement of the provisions of the "Water 10 Shortage Plan"; and 11 WHEREAS, it is the desire of the [governing body] of [County/City] to provide 12 the South Florida Water Management District with all possible assistance in the 13 enforcement of the provisions of the "Water Shortage Plan" during a water shortage or 14 water shortage emergency; and 15 WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty 16 of county/municipal governmental and law enforcement officials to assist the South 11 Florida Water Management District in the enforcement of Chapter 373, Florida Statutes, 18 and any rules adopted thereunder, upon request by the South Florida Water 19 Management District; and 20 WHEREAS, the [governing body] of the [COUNTY/CITY] hereby finds and 21 declares that adoption of this ordinance is necessary, appropriate, and in the public 22 interest of citizens of this community; now therefore: 23 BE IT ORDAINED BY THE [ GOVERNING BODY] OF [COUNTY/CITY] FLORIDA: Page 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 C; \My Documents\Misc Docs\FSB Model Water Shortage Ordinance SECTION 1. Sections to read: , Code of Ordinances are hereby created through ARTICLE WATER SHORTAGE REGULATIONS Section INTENT AND PURPOSE It is the intent and purpose of this Article to protect the water resources of [County/City] from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its water Shortage Plan, Section DEFINITIONS F or the purpose of this Article the following terms, phrases, words and their derivatives shall have the meaning given herein, When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory, (a) "District" is the South Florida Water Management District. (b) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind, (c) "Water resource" means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. Page 3 of 6 c: \My Documents\Misc Docs\FSB Model Water Shortage Ordinance 1 (d) "Water shortage condition" is when sufficient water ii not available to 2 meet present or anticipated needs of persons using the water resource, or 3 when conditions are such as to require temporary reduction in total water 4 usage within a particular area to protect the water resource from serious 5 harm, A water shortage usually occurs due to drought. 6 (e) "Water shortage emergency" means that situation when the powers 7 which can be exercised under part II of chapter 40E-21, Florida 8 Administrative Code, are not sufficient to protect the public health, safety, 9 or welfare, or the health of animals, fish or aquatic life, or a public water 10 supply, or commercial, industrial, agricultural, recrE7ational or other 11 reasonable uses. 12 Section APPLICATION OF ARTICLE 13 The provisions of this Article shall apply to all persons using the water resource within 14 the geographical areas subject to the "water shortage" or "water shortage emergency," 15 as determined by the District, whether from public or privately owned Water utility 16 systems, private wells, or private connections with surface water bodies, This Article 17 shall not apply to persons using treated effluent or saltwater, 18 Section AMENDMENTS TO WATER SHORTAGE PLAN 19 Chapter 40E-21, Florida Administrative Code, as it may be amended from time to time, 20 is incorporated herein by reference as a part of the [County/City] Code, 21 Section DECLARATION OF WATER SHORTAGE; WATER SHORTAGE 22 EMERGENCY Page 4 of 6 C; \My Documents\Misc Docs\FSB Model Water Shortage Ordinance 1 The declaration of a water shortage or water shortage emergency within all or any part 2 of [County/City] by the Governing Board or the Executive Director of the District shall 3 invoke the provisions of this Article. Upon such declaration all water use restrictions or 4 other measures adopted by the District applicable to [County/City], or any portion 5 thereof, shall be subject to enforcement action pursuant to this Ordinance, Any violation 6 of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued 7 pursuant thereto, shall be a violation of this Article, 8 Section _ ENFORCEMENT 9 Every police officer or sheriff having jurisdiction in the area governed by this Article 10 shall, in connection with all other duties imposed by law, diligently enforce the 11 provisions of this Ordinance, In addition, the [County/City] [Administrator/Manager] 12 may also delegate enforcement responsibility for this Ordinance to agencies and 13 departments of [County/City] government, or cities in the service areas governed by 14 this Ordinance, in accordance with state and local law, 15 Section PENALTIES 16 Violation of any provision of this Article shall be subject to the following penalties: 17 First violation $25,00 18 Second and subsequent violations Fine not to exceed $500 19 and/or imprisonment in the 20 County jail not to exceed 60 21 days 22 Each day in violation of this Article shall constitute a separate offense, In the initial 23 stages of a Water shortage or water shortage emergency, law enforcement officials may Page 5 of 6 c: \My Documents\Misc Docs\FSB Model Water Shortage Ordinance 1 provide violators with no more than one written warning, The [County/City], in addition 2 to the criminal sanctions contained herein, may take any other appropriate legal action, 3 including but not limited to emergency injunctive action, to enforce the provisions of this 4 Article, 5 Section WATER USERS TO ACCEPT PROVISIONS OF ARTICLE 6 No water service shall be furnished to any person by a public or private utility unless 7 such person agrees to accept all the provisions of this Article, The acceptance of water 8 service shall be in itself the acceptance of the provisions thereof, 9 SECTION 2. Codification of this Ordinance is hereby directed and authorized, 10 SECTION 3. All ordinances or parts of ordinances in conflict herewith be and the same 11 are hereby repealed, 12 SECTION 4, If any section, sentence, clause or phrase of this Ordinance is held to be 13 invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall 14 in no way affect the validity of the remaining portions of this Ordinance, 15 SECTION 5. This Ordinance shall take effect immediately upon adoption 16 PASSED AND DULY ADOPTED by the [governing body] of [County/City], Florida 17 this day of ,20_, 18 19 - - - - - LOCAL EXECUTION PROVISIONS 20 For information on this model ordinance. please contact: 21 Office of Counsel 22 South Florida Water Management District 23 3301 Gun Club Road 24 P.o. Box 24680 25 West Palm Beach. Florida 33416-4680 26 Tel: (305) 686-8800 or (800) 432-2045 (toll free) Page 6 of 6 ~ 77.05 to, shall be a violation of the water shortage plan adQpted in this Code. (Ord. No. 85.18, ~ 5,5-7-85) Sec. 77.06 Enforcement. Every police officer or sheriff having jurisdic- tion in the area governed by this Code shall, in connection with all other duties imposed by law, diligently enforce the provisions of sections 77.01 through 77.08. In addition, the city manager may also delegate such enforcement responsibility to agencies and departments of city government, in accordance with state and local law. (Ord. No. 85-18, ~ 6,5-7-85) See, 77,07 Penalties for violation. Violation of any provision of sections 77.01 through 77.08 shall be subject to the following penalties; (1) First violation: Twenty-five dollars ($25.00). (2) Second and subsequent violations: Fine not to exceed five hundred dollars ($500.00> and/or imprisonment in the county jail not to ex- ceed sixty (60) days. Each day in violation shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one (1) written warning. The city, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to emergency injunctive action, to en- force the provisions of sections 77.01 through 77.08. (Ord. No. 85-18, ~ 7, 5-7-85) Sec. 77.08 Acceptance of service constitutes acceptance of plan. No water service shall be furnished to any per- son by a public or private utility unless such per- son agrees to accept all the provisions of sections 77.01 through 77.08. The acceptance of water ser- vice shall be in itself the acceptance of the provi- sions thereof. Supp. No, 11 KEY WEST CODE WELLS AND CISTERNS See, 77.09 Definitions. For purposes of section 77.10, the following words shall have the following meanings: Abandoned well or cistern: A well or cistern which is in a state of disrepair such that it is mechanically not capable of use for its intended purpose, Aquifer: A geological formation, group of for- mations, or part of a formation that is capable of yielding water to a well. Cistern: A structure or device the intended use of which is the storage of rainwater for household or commercial purposes. Ground water: Water contained in or derived from an aquifer. Owner: The person, entity, or corporation with legal title to the property on which a well exists. WelL' Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed which extends into or above an aquifer and the intended use of which is the location, acquisition, or development of ground water for household or commercial purposes, but such term does not in- clude temporary dewatering of subsurface forma. tions for construction purposes. (Ord. No. 89-5, ~ 1, 2-21-89) Sec. 77.10 Registration required. All owners of real property located within the corporate limits of the City of Key West shall register any welles) and cistern(s) located on their property, excluding abandoned wells and cisterns, with the city building department. Registration of existing wells and cisterns shall be completed within four (4) weeks of the effective date of Or. dinance No. 89.5 [February 21, 1981]. Registra- tion of new wells and cisterns shall be completed prior to the start of excavation. Owners shall pro- vide the city building department with informa- tion regarding location on the property, diameter, depth, height, extraction or storage capacity, cur- rent status as active or inactive, and current ex- traction or usage rate (if any). (Ord. No. 89-5, ~ 2, 2-21-89) -....-.... IThe next page is 2911] 2810 SOUTH FLORIDA WATER MANAGEMENT DISTRICT APPLICA nON FOR VARIANCE Pursuant to Rule 40E-21.275, Florida Administrative Code Additional infonnation believed to be material may be attached and additional sheets may be used if necessary, for any of the responses. A. Name: 24 hour contact phone #: LJ Address: Street City State Zip B. Location of property for which relief is being requested if different from above: Street City State Zip C. SFWMD Permit Number: Project Name: D. Specific rule, order, water shortage phase or restriction from which relief is requested: E. Description of relief requested: F. Facts supporting this request: (be as specific as possible) G. Period of time for which variance is sought and the reasons and facts for such: H. Damage or hann which may result from compliance with the Water Shortage Rule or order: I. If restrictions cannot be met because of extent or cost, describe measures necessary to meet all restrictions, restrictions which can be met, and the date of compliance: J. If this request is for a golf course which is unable to meet the front nine-back nine requirements, submit a map showing the proposed alternative division of the course in half and an explanation of the proposed irrigation scheme. Signature Name Date ....................................... ......... . ... For District Use Only...... ....................... .................. ..... Date Received: Date Application Complete: Compliance Yes _No_ Control No: Fonn Sent Received . . Instructions for filling out the Water Shortage Variance Forms The following information is being provided to assist you in preparing an application for a variance from mandatory water shortage restrictions, The variance form is to be used only when an official water shortage order has been declared by the South Florida Water Management District (District). Please answer all questions on the variance form as fully as possible and upon completion, mail it, hand deliver it or email it to Morris Rosen 4350, SFWMD, P.O. Box 24680, West Palm Beach, FL 33416-4680, or by fax at (561) 682-6442, or via e-mail at mrosen@sfwrnd.gov. The Rule on Variances from Water Shortage Orders can be found at Rule 40E-21.215, F,A.C. A copy of the entire rule on variances and water shortages can be found on our web site under legal forms. The following information is needed by the District in order to process and grant a request for a variance from Water Shortage Orders. An application for variance will not be granted unless the applicant provides reasonable assurances that the variance requested will not be harmful to the water resources of the District and demonstrates that one or more of the following circumstances exists: (a) The variance is essential to protect health or safety, or (b) Compliance with a particular restriction in the Order will require measures which, because of their extent or cost, cannot be accomplished within the anticipated duration of the shortage, or (c) Alternative restrictions which achieve the same level of demand reduction as the restrictions from which a variance is sought are available and are binding and enforceable, or (d) The applicant is a public or private utility that demonstrates that special circumstances exist which necessitate the issuance of a variance, or (e) The applicant's source of water includes an approved aquifer storage and recovery installation or a water reclamation project. If an Applicant meets the above criteria and a variance is granted - the variance shall be subject to the following conditions, unless waived or modified by the Board. (a) The variance granted shall be the minimum necessary to alleviate the circumstances for which the variance was requested. 4 ,~ ~. (b) Duration of Variance: All variances shall expire upon a declaration by the Board that a water shortage no longer exists or when a more restrictive water shortage declaration it made, unless the Board specifies that the variance shall be in effect for a longer period of time, provided however that variance conditions which require the applicant to modify water use facilities shall remain in full force and effect until such modifications have been completed. However, when a new application for variance is fIled within seven working days of the effective date of a more restrictive water shortage declaration, the existing variance shall remain in effect until fmal agency action on the application. Variances may prescribe a timetable for compliance with the restrictions from which a variance was sought. Although not a specific requirement for obtaining a variance, it would be helpful if you would provide an accurate location drawing for the requested variance site. J..,,,, y.,,~ ..I.'-\"In....~"'~ .l..1V.1.U U1\.... lJVUUl .I. lU1JUa y, aL\;l l:V.1.a..UaOC.1.1.1CJ.1L .LI.1~LJ l\.,;-L yage I or It> . 'j ,$~lJ1lrrn~I"I1igov Recent News Releases (November - January, 2001) Posted Thursday, January 11,2001 Contact: AnEta Sewell (561) 682-6171 SFWMD Director of Communications SFWMD IMPOSES MORE STRINGENT WATER RESTRICTIONS ON LOWER EAST COAST; ORANGE COUNTY ALSO FACES MANDATORY WATER USE CUTBACKS Continuing declines in regional water storage supplies - with no rainfall relief in sight and minimal reductions in water use -- prompted the South Florida Water Management District Governing Board to impose more stringent restrictions on water use in Monroe, Miami- Dade, Broward and Palm Beach counties. Today's Board action to place the Lower East Coast on Phase 2 water use restrictions takes effect at 12:01 a.m., Wednesday, January 17,2001, for most of the region. For the cities of Belle Glade, Pahokee and smaller western cities surrounding the lake, the new restrictions will go into effect at 12:01 a.m. on January 19. The Phase 2 restrictions limit lawn watering and car washing to two days per week: Wednesdays and Saturdays from 4 a.m. to 8 a.m. for addresses that end in an odd number; Thursdays and Sundays, 4-8 a.m., for even-number addresses. The restrictions apply to water supplied from utilities, as well as water taken from individual wells and surface water sources such as canals, lakes, ponds and rivers. Commercial establishments, such as car washes, that recycle water are not subject to these restrictions. Low volume pressure cleaning is also permitted. The District placed west coast counties -- Lee, Collier, Hendry, Glades, and Charlotte - under Phase 2 restrictions on November 29. That area remains under the same level of restrictions. The District expects these and other conservation measures to produce significant cutbacks in water use, with a 30 percent reduction as an overall goal. Reemphasizing predictions that -- without significant reductions in normal water use demands -- the current water-supply crisis could continue for at least the next five months, Executive Director Frank: Finch explained the difficulties facing water managers as south Florida enters the height of the dry season. http://www.sfwmd.gov/newsr/3_newsrel.html 1/12/2001 ..~_ _ _ _.___ _ _.........__ .. _.._A. .......-....a.....O""'.I..I..l"'.l.1L .4Jl...,LJ.J.\.IL .. .J \. . The drought has become a statewide problem as every water district in Florida is dealing with the dry conditions. This is the worst drought condition we've seen since 1961 and is the second driest in our history. The driest year being 1938. "This is the time of year when rainfall is at it's lowest and population is at it's highest. Also, below normal temperatures have prompted greater agricultural water use for freeze protection purposes. Weare very concerned that dry vegetation increases the potential for uncontrolled wildfires," said Finch. "While some coastal areas have experienced localized rains that have helped groundwater and storage areas somewhat, we have not had any significant rains over Lake Okeechobee. The lake is 3.75 feet below normal for this time of year, and the conservation areas are rapidly falling. We must decrease our water use or we will be hard-pressed to ensure that regional water will be available to recharge south Florida's groundwater supplies when it is most needed. " Water use has remained generally consistent for the Lower East Coast despite declarations of water shortage warnings and mandatory Phase 1 restrictions. "This is the time for individuals and communities to step up to the plate and take a leadership role," said Finch. "The necessary ordinances must be in place and law enforcement personnel should be directed to actively enforce compliance with the water restrictions. " South Florida's lower East Coast water utilities depend directly on the aquifers for their primary supply and the water levels in these aquifers are below normal. The Everglades water conservation areas are the initial backup for the aquifers. Water levels in the conservation areas are also below average. Lake Okeechobee is the backup water supply for both the conservation areas and the aquifers and a direct source for communities and businesses located around the lake. Its level is precariously low for this time of year, and past rains have been concentrated in coastal areas. In late November, the District also imposed Phase 3 agricultural restrictions on the water deliveries that growers receive directly from the lake and Phase 1 restrictions for the towns surrounding Lake Okeechobee and non-agricultural users in that area. The non- agricultural users will now be included in the Phase 2 restrictions. Based on significant rainfall deficits in the central part of the state and coordination with the Southwest and St. Johns River Water Management Districts, the Board also declared Phase 2 restrictions for the portion of Orange County within SFWMD boundaries. For public continuity and enforcement pUIposes, all Orange County residents and businesses will be expected to comply with St. Johns River water shortage cutbacks, More information regarding the water shortage and Phase 2 restrictions are available 24 hours a day on the District's web site at www.sfwmd..gov. Citizens may also contact the SFWMD water shortage hotline at 1-800-662-8876, The special phone line is http://www,sfwmd.gov/newsr/3 _ newsre1.html rage L. or 1 () 1/12/2001