40D-22.201: Year-Round Water Conservation Measures
40D-22.401: Enforcement
PURPOSE AND EFFECT: To make more consistent the year-round water conservation regulations relating to landscape irrigation among the District, the St. Johns River Water Management District and the South Florida Water Management District. Consistency of regulations will promote compliance and more efficient enforcement of the regulations especially in areas where counties or municipalities are located in more than one water management district.
SUBJECT AREA TO BE ADDRESSED: The hours and number of days per week to be allowed for landscape irrigation, clarification of plant establishment irrigation and other exemptions, local government enforcement, and efficient use of reclaimed water under the District's year round conservation measures. Other items may be addressed based on public input and as rulemaking develops.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.119, 373.171, 373.175, 373.223, 373.246, 373.603, 373.609 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 12, 2008, 10:00 a.m.
PLACE: Southwest Florida Water Management District Headquarters, Conference Rooms A/B, 2379 Broad Street, Brooksville, FL 34604-6899
DATE AND TIME: May 14, 2008, 1:30 p.m.
PLACE: Southwest Florida Water Management District Tampa Service Office, Governing Board Room, 7601 Highway 301 North, Tampa, FL 33637-6759
DATE AND TIME: May 15, 2008, 1:30 p.m.
PLACE: Southwest Florida Water Management District Bartow Service Office, Board Room, 170 Century Blvd., Bartow, FL 33830-7700
DATE AND TIME: May 16, 2008, 10:00 a.m.
PLACE: Southwest Florida Water Management District Sarasota Service Office, Governing Board Room, 6750 Fruitville Road, Sarasota, FL 34240-9711
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Dianne Lee at (352)796-7211 or 1(800)423-1476, extension 4658; TDD only number 1(800)231-6103; FAX number (352)754-6878. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jeanette Houser, Sr. Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211 or 1(800)423-1476, extension 4651
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40D-22.201 Year-Round Water Conservation Measures.
(1) through (2) No change.
(3)(a) No change.
(b) Irrigation systems may be operated during restricted days and/or times for cleaning and maintenance purposes with an attendant on site in the area being tested. Irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one test shall should not exceed 10 minutes, and the total run time shall not exceed 10 minutes per hour per zone.
(c) Irrigation for the purpose of chemigation, fertigation or watering-in of applied fertilizers, insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, or by applicable best management practices shall not be restricted, with two exceptions when associated with a Lawn or Landscape: In the absence of specific alternative instructions from the manufacturer, such watering-in shall be limited to one application of one-quarter inches within 24 hours of the application; and, such watering-in shall be accomplished during allowable watering hours times unless a professional applicator has posted a temporary sign containing the date of application and the date(s) of needed watering-in activity and has also provided instructions listing the chemicals used and stating that the watering-in must occur immediately rather than during allowable watering hours.
(d) through (f) No change.
(g) New Plant Material shall only be irrigated as follows:
1. Any New Plant Material may be irrigated on any day of the week as needed, for the purpose of maintaining plant health and encouraging root grow-in, during a 60-day establishment period. From day 1 through day 30 of this establishment period, irrigation may occur on any day of the week. From day 31 through day 60 of this establishment period, irrigation is limited to one application on each of three specified days, except as otherwise provided herein. The three allowable days shall be as follows: Even Numbered Addresses may provide establishment period irrigation on Tuesday, Thursday and Saturday and Odd Numbered Addresses may provide establishment period irrigation on Wednesday, Friday and Sunday.
2. through 7. No change.
(h) through (j) No change.
(4) Lawn and Landscape Use – The following additional requirements or exceptions to subsections 40D-22.201(1)-(3), F.A.C., shall apply to the Irrigation of Lawns and Landscape.
(a) Except as otherwise specified in this Chapter, Even Numbered Addresses may accomplish necessary Lawn and Landscape Irrigation on only Tuesday and/or Saturday during the months of March through November.
(b) Except as otherwise specified in this Chapter, Odd Numbered Addresses and rights-of-way or other locations without an Address may accomplish necessary Lawn and Landscape Irrigation on only Wednesday and/or Sunday during the months of March through November.
(c) Except as otherwise specified in this Chapter, properties may only accomplish necessary Lawn and Landscape Irrigation in accordance with the following schedule during the months of December, January and February:
1. Addresses with a house number ending in 0 or 1 may only water on Monday;
2. Addresses ending with a 2 or 3, on Tuesday;
3. Addresses ending with a 4 or 5, on Wednesday;
4. Addresses ending with a 6 or 7, on Thursday;
5. Addresses ending with an 8 or 9 and locations with a mix of addresses, rights-of-ways, and other locations for which an address cannot be determined (such as common areas associated with a subdivision), on Friday.
(d)(c) Cemeteries and other Users irrigating property two acres or greater in size may accomplish necessary Lawn and Landscape Irrigation as follows:
1. During the months of March through November, may water one-half of the property on the days allowed for Even Numbered Addresses;
2. During the months of March through November, and may water the remaining one-half on the days allowed for Odd Numbered Addresses;.
3. During the months of December, January and February, water the “Even” portion of the property on Tuesday and water the “Odd” portion on Wednesday.
4. If the property cannot be watered in accordance with subparagraphs 40D-22.201(4)(d)1.-3., F.A.C., apply for a variance from Chapter 40D-22, F.A.C., in order to register an alternative irrigation schedule acceptable to the District.
5. Each such User that divides its property into two or more pieces for watering purpose is required to maintain a map or sketch on site that indicates which day(s) days each part of the property will be watered, and the District or applicable local government may require that a copy of this same map or sketch be provided for verification or enforcement purposes. If a specific property is unable to comply with this schedule, the variance process may be used to register an alternative schedule acceptable to the District.
(e) In addition to following the applicable allowable watering days and times, irrigation is limited to only the amount of water necessary for efficient utilization.
(f) Irrigation of a lawn with an automatic sprinkler system installed after May 1, 1991, shall include the proper installation, maintenance and operation of a rain sensor device or switch that automatically overrides the irrigation system when adequate rainfall has occurred.
(5) through (7) No change.
(8) Other Use – The following additional requirements or exceptions to subsections 40D-22.201(1)-(2), F.A.C., shall apply to other uses as specified:
(a) Operation of water fountains, waterfalls and other artistic or recreational water features is allowed, provided the following conditions are met: The water is recirculated, there is no off-site discharge and the water feature is properly installed, maintained and operated to ensure that a minimal amount of water is used.
(b) Water may be used to create a containment and impoundment facility for aesthetic purposes, provided the facility is not augmented thereafter from any ground or off-site surface water source.
(c) Water body augmentation is allowed, provided the water use is either authorized by a Water Use Permit specific to the augmentation activity or, in the absence of a Water Use Permit, the following conditions are met:
1. The water body is one-half acre in size or less;
2. The water for augmentation is withdrawn from a well with an inside diameter of the largest permanent water bearing casing of no more than 2 inches;
3. Augmentation must not occur if the water body is discharging offsite, except that augmentation may occur flush a pond a maximum of twice per year if the pond is not a natural water body nor part of part of a stormwater management system; and
4. Augmentation must not occur if the water body’s water level is above the average water table condition for the site or minimum management level established for proper operation of the stormwater management system, whichever is lower.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.223 FS. History–New 3-24-92, Amended 9-15-03,_________.
40D-22.401 Enforcement.
(1) through (2) No change.
(3) Irrigation of Lawns and Landscapes, as described in this Chapter, may be further restricted by local governments in response to a local water supply system concern. In the event any county or city within the District endeavors to adopt adopts or implements such local measures, the measures contained therein shall be at least as restrictive as those imposed by this Chapter and the county or city shall provide a draft ordinance to the District for review and approval at least 30 days prior to considering adoption of the ordinance. The ordinance must be adopted as approved. Once such an ordinance has been adopted, the county or city shall promptly notify the District of all local measures imposed and the effective implementation date. Irrigation of established lawns and landscaping, as established above, may be further restricted by local governments.
(4) No change.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.119, 373.171, 373.175, 373.246, 373.603, 373.609 FS. History– New 3-24-92, Amended 9-15-03,________.