Current through Reg. 50, No. 187; September 24, 2024
A general consumptive use permit by rule is hereby
established for consumptive uses of water listed below that do not meet or
exceed any permitting threshold under subsection
40C-2.041(1),
F.A.C., except as provided in subsections
40C-2.042(8), (9), (10), (11), (12) and
(13), F.A.C. However, this rule shall not
apply to domestic uses of water by individuals, i.e., water used for the
household purposes of drinking, bathing, cooking or sanitation. Persons using
or proposing to use water in a manner not authorized under this rule, must
obtain a permit pursuant to Chapter 40C-2, F.A.C.
(1) The Governing Board hereby grants a
general permit to each person located within the District to use, withdraw or
divert water to irrigate agricultural crops, nursery plants, cemeteries, golf
courses and recreational areas such as playgrounds, football, baseball, and
soccer fields, provided the irrigation does not occur between the hours of
10:00 a.m. and 4:00 p.m. daily, and provided the amount of water used is
limited to only that necessary for efficient utilization. For purposes of this
subsection, agricultural crops and nursery plants are limited to those grown on
lands classified by the property appraiser as agricultural lands under Section
193.461, F.S. (2016). All water
use under this subsection shall be subject to the following exceptions:
(a) Irrigation using a micro-spray,
micro-jet, drip, or bubbler irrigation system is allowed anytime.
(b) The use of water for irrigation from a
reclaimed water system is allowed anytime. For the purpose of this paragraph, a
reclaimed water system includes systems in which the primary source is
reclaimed water, which may or may not be supplemented by water from another
source during peak demand periods.
(c) The use of recycled water from wet
detention treatment ponds for irrigation is allowed anytime provided the ponds
are not augmented from any ground or off-site surface water, or public supply
sources.
(d) Irrigation is allowed
at any time of day for one 30-day period following planting of agricultural
crops or nursery stock, provided that the irrigation is limited to the minimum
amount necessary for crop or plant establishment. Irrigation of newly planted,
seeded or sprigged cemeteries, golf course greens, tees, fairways and primary
roughs, and recreational areas such as playgrounds, football, baseball and
soccer fields is allowed at any time of day for one 60-day period. An entire
irrigation zone may be watered under this paragraph only if new plantings or
landscaping comprise at least 50 percent of that zone. If new plantings or
landscaping comprise less than 50 percent of an irrigation zone, only the new
plantings or lanscaping can be watered under this paragraph.
(e) Watering in of chemicals, including
insecticides, pesticides, fertilizers, fungicides, and herbicides when required
by law, the manufacturer, or best management practices is allowed any time of
day within 24 hours of application. Watering in of chemicals shall not exceed
1/4 inch of water per application except as otherwise required by law, the
manufacturer, or best management practices.
(f) Irrigation systems may be operated any
time of day for maintenance and repair purposes not to exceed 20 minutes per
hour per irrigation zone.
(g)
Irrigation of agricultural crops by seepage systems which regulate off-site
discharges through the use of water control structures is allowed anytime,
provided the discharge does not overtop the control structure by more than
one-half inch, there is no discharge between 1:00 p.m. and 7:00 p.m. unless
associated with a storm event, and the structure is well maintained.
(h) The use of water to protect agricultural
crops and nursery plants, except ferns, from frost or freeze damage is allowed
when freezing temperatures or frost are predicted by an official weather
forecasting service.
(i) The use of
water to protect ferns from frost or freeze damage is allowed when the "wet
bulb" temperature, as measured by a "wet bulb" thermometer at the site of
application, is 34 degrees Fahrenheit or less. Freeze protection must cease
when temperatures rise above 40 degrees Fahrenheit.
(j) The use of water to protect agricultural
crops, nursery plants and golf course turf from heat stress damage is allowed
anytime, provided the watering does not exceed ten minutes per hour per
irrigation zone.
(k) Irrigation of
agricultural crops by traveling volume guns which require manual repositioning
is allowed anytime.
(l) Irrigation
using a hand-held hose equipped with an automatic shut-off nozzle is allowed
anytime.
(m) Discharge of water
from a water-to-air air conditioning unit or other water dependent cooling
system constructed before August 14, 2014, is not limited by this
permit.
(2)
(a) The Governing Board hereby grants a
general permit to each person located within the District to use, withdraw or
divert water for landscape irrigation, provided landscape irrigation occurs in
accordance with the provisions of subsection
40C-2.042(2),
F.A.C., and provided the amount of water used is limited to only that necessary
for efficient utilization. For the purpose of this rule, "landscape irrigation"
means the outside watering of plants in a landscape such as shrubbery, trees,
lawns, grass, ground covers, plants, vines, gardens and other such flora that
are situated in such diverse locations as residential areas, public,
commercial, and industrial establishments, and public medians and
rights-of-way, but it does not include agricultural crops, nursery plants,
cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation
associated with recreational areas such as playgrounds, football, baseball and
soccer fields. For the purpose of this rule, the terms "residential landscape
irrigation" and "non-residential landscape irrigation" are defined in this
paragraph (a), as follows. "Residential landscape irrigation" means the
irrigation of landscape associated with any housing unit having sanitary and
kitchen facilities designed to accommodate one or more residents, including
multiple housing units and mobile homes. "Non-residential landscape irrigation"
means the irrigation of landscape not included within the definition of
"residential landscape irrigation, " such as that associated with public,
commercial and industrial property, including commercial or transient housing
units, hotel and motel units, and public medians and rights-of-way. For the
purpose of this rule, "address" means the "house number" of the physical
location of a specific property. This excludes post office box numbers. If a
lot number in a mobile home park or similar community is used by the U.S.
Postal Services to determine a delivery location, the lot number shall be the
property's address. An "even numbered address" means an address ending in the
numbers 0, 2, 4, 6, 8 or letters A-M. An "odd numbered address" means an
address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.
1. When Daylight Savings Time is in effect,
landscape irrigation shall occur in accordance with the following irrigation
schedule:
a. Residential landscape irrigation
at odd numbered addresses or no address may occur only on Wednesday and
Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and,
b. Residential landscape irrigation at even
numbered addresses may occur only on Thursday and Sunday and shall not occur
between 10:00 a.m. and 4:00 p.m.; and,
c. Non-residential landscape irrigation may
occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and
4:00 p.m.; and,
d. No more than 3/4
inch of water may be applied per irrigation zone on each day that irrigation
occurs, and in no event shall irrigation occur for more than 1 hour per
irrigation zone on each day that irrigation occurs.
2. When Eastern Standard Time is in effect,
landscape irrigation shall occur only in accordance with the following
irrigation schedule:
a. Residential landscape
irrigation at odd numbered addresses or no address may occur only on Saturday
and shall not occur between 10:00 a.m. and 4:00 p.m.; and,
b. Residential landscape irrigation at even
numbered addresses may occur only on Sunday and shall not occur between 10:00
a.m. and 4:00 p.m.; and,
c.
Non-residential landscape irrigation may occur only on Tuesday and shall not
occur between 10:00 a.m. and 4:00 p.m.; and,
d. No more than 3/4 inch of water may be
applied per irrigation zone on each day that irrigation occurs, and in no event
shall irrigation occur for more than 1 hour per irrigation zone on each day
that irrigation occurs.
3. Landscape irrigation shall be subject to
the following exceptions:
a. Irrigation using
a micro-spray, micro-jet, drip, or bubbler irrigation system is allowed
anytime.
b. Irrigation of new
landscape is allowed at any time of day on any day for the initial 30 days and
every other day for the next 30 days for a total of one 60-day period, provided
that the irrigation is limited to the minimum amount necessary for such
landscape establishment. An entire irrigation zone may be watered under this
sub-subparagraph only if new plantings or landscaping comprise at least 50
percent of that zone. If new plantings or landscaping comprise less than 50
percent of an irrigation zone, only the new plantings or landscaping can be
watered under this sub-subparagraph.
c. Watering in of chemicals, including
insecticides, pesticides, fertilizers, fungicides, and herbicides when required
by law, the manufacturer, or best management practices is allowed at any time
of day on any day within 24 hours of application. Watering in of chemicals
shall not exceed 1/4 inch of water per application except as otherwise required
by law, the manufacturer, or best management practices.
d. Irrigation systems may be operated at any
time of day on any day for maintenance and repair purposes not to exceed 20
minutes per hour per irrigation zone.
e. Irrigation using a hand-held hose equipped
with an automatic shut-off nozzle is allowed at any time of day on any
day.
f. Discharge of water from a
water-to-air air conditioning unit or other water dependent cooling system is
not limited by this permit.
g. The
use of water from a reclaimed water system is allowed anytime. For the purpose
of this paragraph, a reclaimed water system includes systems in which the
primary source is reclaimed water, which may or may not be supplemented from
another source during peak demand periods.
h. The use of recycled water from wet
detention treatment ponds for irrigation is allowed anytime provided the ponds
are not augmented from any ground or off-site surface water, or public supply
sources.
4. When
reclaimed water is available, the use of a private irrigation well for
landscape irrigation is not authorized under subsection
40C-2.042(2),
F.A.C. Reclaimed water is deemed available when reclaimed water is provided by
a utility through a point of connection.
5. Any person who irrigates landscape with an
automatic lawn sprinkler system installed after May 1, 1991, shall install,
maintain and operate a rain sensor device or switch that overrides the
irrigation system when adequate rainfall has occurred.
(b)
1. A
local government is strongly encouraged to enforce paragraph
40C-2.042(2)(a),
F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance
that incorporates each of the provisions set forth in paragraph
40C-2.042(2)(a),
F.A.C.
2. Where a local government
has adopted a landscape irrigation ordinance, if the strict application of the
specified day of week schedule would lead to unreasonable or unfair results in
particular instances, the local government may grant a variance from the
specific day or days for landscape irrigation identified in subparagraphs
40C-2.042(2)(a)
1. and 2., F.A.C., provided that the applicant demonstrates with particularity
that compliance with the schedule of days for landscape irrigation will result
in a substantial economic, health or other hardship on the applicant requesting
the variance or those served by the applicant. Where a contiguous property is
divided into different zones, a variance may be granted hereunder so that each
zone may be irrigated on different days than other zones of the property.
However, no single zone may be irrigated more than 2 days a week when Daylight
Savings Time is in effect and no more than 1 day per week when Eastern Standard
Time is in effect. Local governments shall not grant a variance from any other
provision of this rule.
3. At least
30 days prior to the adoption of an ordinance to enforce paragraph
40C-2.042(2)(a),
F.A.C., the local government shall provide a copy of the proposed ordinance to
the District.
(c) A
person proposing to use water for landscape irrigation where factors establish
the need for irrigation to occur in a manner other than that authorized in
subsection 40C-2.042(2),
F.A.C., may submit an application for an Individual Consumptive Use Permit
pursuant to Chapter 40C-2, F.A.C., using form
40C-2.900(3).
Consumptive Use Permit Application for Landscape Irrigation for One Additional
Day Per Week. Form number
40C-2.900(3),
effective August 14, 2014, is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-04425
and upon request from the St. Johns River Water Management District, 4049 Reid
Street, Palatka, FL 32177-2529. This permit application is limited to including
no more than 25 nearby properties within a common plan of development. If a
development consists of more than one phase or section, the 25 properties must
be located within a single phase or section. A person seeking authorization to
irrigate more than 1 additional day than that authorized by subsection
40C-2.042(2),
F.A.C., must apply for an Individual Consumptive Use Permit pursuant to Chapter
40C-2, F.A.C., using form
40C-2.900(1),
which is incorporated by reference in subsection
40C-2.900(1),
F.A.C.
(3) The Governing
Board hereby grants a general permit for all aquacultural consumptive uses of
water located within the District provided the containment or impoundment
facility utilized to cultivate the aquacultural product has no off-site surface
water discharge and an aerator is used to add oxygen to the facility when
necessary. Such water use is limited to the amount necessary to accomplish
average expected production. The use of reclaimed water within an aquacultural
facility shall not be subject to these restrictions provided appropriate signs
are placed on the property to inform the general public and District
enforcement personnel of such use.
(4) The Governing Board hereby grants a
general permit for all existing and proposed ornamental and aerating fountains
within the District, provided the same water is recirculated, there is no
off-site discharge and the fountain is properly installed, maintained and
operated to ensure that a minimal amount of water is used. Non-recirculating
fountains in existence on 7-23-91 shall be retrofitted to meet the requirements
of this subsection by 7-23-93.
(5)
The Governing Board hereby grants a general permit to each person located
within the District to use water to create a containment or impoundment
facility solely for aesthetic purposes, provided the containment or impoundment
facility is not augmented thereafter from any ground or off-site surface water
source.
(6) The Governing Board
hereby grants a general permit to each person located within the District to
use water for the augmentation of any pond which is 1/2 acre or smaller in
size, provided the following conditions are met:
(a) The water for augmentation shall be
withdrawn from a well with an inside diameter of the largest permanent water
bearing casing of no more than 2 inches;
(b) Augmentation of the water level must not
occur if the pond is discharging offsite, except that augmentation may occur to
flush the pond no more than two times per year; and,
(c) Augmentation of the water level in the
pond must not occur above the average water table condition for the
site.
(7) The Governing
Board hereby grants a general permit to each person located within the District
to withdraw or divert water for uses other than those identified in subsections
(1)-(6), provided the amount is limited to only that necessary for efficient
utilization.
(8) The Governing
Board hereby grants a general permit to each person located within the District
to withdraw groundwater from a well solely to irrigate a total of one acre or
less of landscape on contiguous property, provided the withdrawal does not meet
or exceed any thresholds of paragraphs
40C-2.041(1)(a)
-(c), F.A.C. This permit is subject to all the provisions in paragraph
40C-2.042(2)(a),
F.A.C. When reclaimed water is available, the use of a private irrigation well
for landscape irrigation is not authorized under this subsection. Reclaimed
water is deemed available when reclaimed water is provided by a utility through
a point of connection.
(9) The
Governing Board hereby grants a general permit by rule to withdraw ground or
surface water anywhere within the District for short-term construction
dewatering activities (excluding borrow operations), subject to the limiting
conditions in Appendix I of the "Applicant's Handbook, Consumptive Uses of
Water, " which is incorporated by reference in paragraph
40C-2.101(1)(a),
F.A.C., and Form Number
40C-2.900(12).
Notice to District of Dewatering Activity, Form Number
40C-2.900(12),
effective November 3, 2015, is hereby incorporated by reference and available
at https://www.flrules.org/Gateway/reference.asp?No=Ref-05969
and upon request from the St. Johns River Water Management District, 4049 Reid
Street, Palatka, FL 32177-2529. This general permit by rule shall expire 190
days from the date a complete form
40C-2.900(12)
is submitted to the District, and no dewatering may begin until 10 days after
submittal of the complete form (except as allowed in Appendix I).
(10) The Governing Board hereby grants a
general permit by rule for a consumptive use of water anywhere in the District
for environmental restoration or enhancement projects proposed by the Florida
Department of Environmental Protection or the District, which have either
obtained authorization or qualify for an exemption under Part IV of Chapter
373, F.S., for the restoration or enhancement project, provided the use will
not interfere with any presently existing legal use of water and the amount of
water used is limited to only that necessary for efficient utilization. This
general permit by rule shall be transferred to a local unit of government when
the District or the Department transfers to the local government the land upon
which a completed environmental restoration or enhancement project is
located.
(11) The Governing Board
hereby grants a general permit by rule to each person located within the
District to withdraw groundwater for aquifer performance tests (APT), provided
the following conditions are met:
(a) The use
does not meet or exceed the threshold of paragraph
40C-2.041(1)(a),
F.A.C.;
(b) The use meets the
conditions for issuance in Rule
40C-2.301, F.A.C.;
(c) The use will not exceed 60 days; and,
(d) The pumping and discharge will
be performed in accordance with an aquifer performance test plan submitted to
and approved in writing by District staff.
(12) The Governing Board hereby grants a
general permit by rule to each person located within the District to withdraw
groundwater for heating and cooling (HVAC), provided the following conditions
are met:
(a) The use will not meet or exceed
any threshold in paragraphs
40C-2.041(1)(a)
-(c), F.A.C.;
(b) The heating and
cooling discharge water is returned directly to the same aquifer from which it
is withdrawn. This condition shall not apply to a discharge of water from a
water-to-air air conditioning unit or other water-dependent cooling system
constructed before August 14, 2014;
(c) The heating and cooling discharge or
injection has been permitted by the Department of Environmental Protection
under Chapter 403, F.S., or is exempt from such permitting; and,
(d) The water used for heating and cooling
has no contact or mixing with other water sources, additives, or
chemicals.
(13) The
Governing Board hereby grants a general permit by rule for an emergency
consumptive use, provided the following conditions are met:
(a) The use meets the conditions for issuance
in Rule 40C-2.301, F.A.C.;
(b) The use will not exceed 90
days;
(c) The use is necessary to
address emergency conditions;
(d)
The District has provided written approval of the use; and,
(e) The permittee complies with all the terms
and conditions of the written approval.
For purposes of this subsection, "emergency conditions" are
defined as those that pose an imminent or existing serious threat or danger and
require immediate action to protect the public health, safety or welfare, or
the water resources of the District; a public water supply; or recreational,
commercial, industrial, agricultural or other reasonable uses. Carelessness or
lack of planning shall not be sufficient grounds to warrant the granting of
written approval for an emergency consumptive use. The emergency consumptive
use may commence only upon receiving written approval by a District staff
member designated by the District Executive Director. The recipient of an
emergency consumptive use approval is responsible for complying with all terms
and conditions of the written approval, which shall form a part of the general
permit. The general permit by rule shall expire 90 days from the date of
written approval or the date provided in the written approval, whichever is
less. No consumptive use is authorized under this general permit until written
approval is received.
Rulemaking Authority
373.044,
373.109,
373.113,
373.118,
373.171 FS. Law Implemented
373.019(6),
373.109,
373.118,
373.219,
373.223,
373.250,
373.609,
373.62 FS.
New 7-23-91, Amended 1-7-99, 2-15-06, 3-8-09, 8-14-14,
11-3-15, 7-1-18.
