Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-21 - WATER SHORTAGE PLAN
Section 40D-21.651 - Phase IV: Critical Water Shortage

Universal Citation: FL Admin Code R 40D-21.651

Current through Reg. 50, No. 187; September 24, 2024

(1) A Phase IV Water Shortage is a hydrologic or climatic condition where multiple regional Drought Indicators have extremely abnormal values, or the local Drought Indicator for a specific public supply has a critically abnormal value, such that conditions warrant the temporary suspension of nonessential use and/or initiation of supply augmentation. The following measures shall be in effect during a Phase IV declaration unless otherwise provided in the order implementing a Phase IV Water Shortage.

(2) Indoor Use. Indoor Uses should be voluntarily reduced.

(3) Essential Uses.

(a) Fire Fighting, Other First-Responder Activities, Health and Medical water uses shall be subject to paragraphs 40D-21.641(3)(a) and (c), F.A.C.

(b) Water Utility Use. Water Utility Uses shall be subject to paragraph 40D-21.641(3)(b), F.A.C., with the following modifications:
1. If specifically Ordered by District, increase the frequency of system status reports or transmittal of demand data.

2. Immediately notify the District's applicable Demand Management staff about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.

3. Identify, based on the water utility's customer demographics and system characteristics, and implement additional means by which the water utility will temporarily maintain or reduce system demand during the Water Shortage declaration. This requirement shall include listing and qualifying the implementation of these additional means on each system status report.

4. Except for wholesale-only systems, take the following addional enforcement assistance steps:
a. Place temporary limits on potable water service in response to a location-specific request from the District to remedy a violation of this chapter that the District has determined is causing, or is likely to cause, a public health hazard or property damage. These limits do not necessarily involve suspension of service; however, at a minimum, such limits shall involve constraining the user to the amount of water necessary for reasonable Indoor Uses. One example of such a limitation is the assessment of a surcharge for any amount of water utilized beyond that necessary for reasonable Indoor Uses. The applicable public supply water utility shall determine the limitation method and consider any mitigating circumstances when determining what constitutes reasonable Indoor Uses for a specific customer, such as the number of persons in the household or medical needs.

b. Coordinate with local code enforcement officials to advocate temporary.

(4) Commercial and Industrial Use. The water use restrictions and other required actions specified in subsection 40D-21.641(4), F.A.C., shall apply, with the following modifications:

(a) Users that are Permittees shall promptly notify the District's Demand Management staff about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.

(b) Users shall, if specifically Ordered by the District, cease all uses of water that are not essential to public health, safety and welfare.

(5) Agricultural Uses. The water use restrictions and other required actions specified in subsection 40D-21.641(5), F.A.C., shall apply, with the following modifications:

(a) Users that are Permittees shall promptly notify the District's Demand Management staff about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.

(b) Users shall, if specifically Ordered by the District, cease all crop related uses of water that are not essential to public health, safety and welfare.

(6) Landscape Use and Driving Ranges.

(a) Golf Courses. The water use restrictions and other required actions specified in paragraph 40D-21.641(6)(a), F.A.C., shall apply, with the following modifications:
1. Watering roughs and non-play native or naturalized areas shall be prohibited.

2. Users that are Permittees shall promptly notify the District's Demand Management staff about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.

3. The establishment period for New Plant Materials shall be reduced to "15/30/15." This means that the material can be watered on any day for a 15-day period starting the day it is installed, then up to three days a week during the next 30 day period, then only two days a week during the final 15-day period.

4. Users shall, if specifically Ordered by the District, cease all uses of water that are not essential to public health, safety and welfare.

(b) Other Athletic Play Areas. The water use restrictions and other required actions specified in paragraph 40D-21.641(6)(b), F.A.C., shall continue to apply, with the following modifications:
1. Supplemental irrigation of Turfgrass shall only be allowed once a week, regardless of the month.

2. Users that are Permittees shall promptly notify the District's Demand Management staff about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.

3. The establishment period for New Plant Materials shall be reduced to "15/30/15." This means that the material can be watered on any day for a 15-day period starting the day it is installed, then up to three days a week during the next 30 day period, then only two days a week during the final 15-day period.

4. Users shall, if specifically Ordered by the District, cease all uses of water that are not essential to public health, safety and welfare.

(c) Lawn and Landscaping Use, including Cemeteries:
1. All Lawn and Landscaping Use, including Cemeteries, shall continue to comply with applicable provisions of paragraph 40D-21.641(6)(c), F.A.C., with the following modifications:
a. The establishment period for New Plant Materials shall be reduced to "15/30/15." This means that the material can be watered on any day for a 15-day period starting the day it is installed, then up to three days a week during the next 30-day period, then only two days a week during the final 15-day period as follows:
(I) When "three days a week" establishment period watering is allowed, Even Addresses shall only water on Tuesday, Thursday and Sunday; Odd Addresses shall only water on Monday, Wednesday and Saturday; and Rights-of-way, common areas and other locations without discernable addresses shall only water on Sunday, Tuesday and/or Friday.

(II) When "two days a week" establishment period watering is allowed on properties less than one acre in size, Even Addresses shall only water on Thursday and Sunday, Odd Addresses shall only water on Wednesday and Saturday; and Rights-of-way, common areas and other locations without discernable addresses shall only water on Tuesday and/or Friday.

(III) When "three days a week" or "two days a week" establishment period watering is allowed in cemeteries or on other properties one acre in size or larger, each property may instead maintain a written schedule of its establishment period watering.

(IV) Establishment period irrigation shall be applicable once for any specific area of lawn or landscape while the Water Shortage declaration is in effect.

(V) Users shall, upon the specific request of the District, provide receipts or other proof of installation date.

(VI) Users shall, upon the specific request of the District, cease all establishment period irrigation.

b. Supplemental Irrigation for properties with an in-ground system shall only occur during the hours of midnight to 4:00 a.m.

c. Supplemental Irrigation accomplished by microirrigation, handwatering or other Low-Volume technology, or by manual means only (such as an oscillating sprinkler supplied by garden hose) shall only occur during the hours of 4:00 a.m. to 8:00 a.m. or 6:00 p.m. to 10:00 p.m.

d. Users shall, if specifically Ordered by the District, cease all Supplemental Irrigation, except as otherwise provided in accordance with subparagraph 40D-21.651(6)(c) 1., F.A.C.

e. Supplemental Irrigation of landscaping beds and other non-Lawn plant material, when accomplished by handwatering, microirrigation and other Low-Volume Irrigation methods, shall be limited to the hours specified in sub-subparagraph 40D-21.651.(6)(c)1.c., F.A.C., but may continue to occur on any day of the week, if needed.

f. If core aerification, Vertical Mowing (verticutting) and Spot Treatment or Syringing activities are conducted, follow the applicable water schedule. The extra watering allowances normally provided for in paragraphs 40D-22.201(3)(e) -(f), F.A.C., for such activities is not applicable.

2. The property owner or manager shall, upon request, provide a receipt or other proof of qualification for the New Plant establishment period or other claimed exemption.

(7) Other Uses.

(a) The water use restrictions and other required actions specified in subsection 40D-21.641(7), F.A.C., shall apply, with the following modifications:
1. If an aesthetic use is also intended as an interactive recreational use, such as operation of a water play area for children, commercial and institutional users may engage in that activity in accordance with paragraph 40D-21.631(7)(c), F.A.C. In this context, commercial and institutional users specifically include mobile entertainment businesses, events sponsored by public agencies or non-profit organizations, and permanent devices maintained to pool and spa health standards. However, water slides and other portable devices which are not operated by commercial or institutional users are prohibited.

2. Other aesthetic use as described in subparagraph 40D-21.641(7)(b) 3., F.A.C., is prohibited. In public spaces, the owner or manager of such features shall use signs, when practical, to indicate that this action was taken in compliance with current Water Shortage restrictions.

3. Washing or cleaning of buildings, structures and impervious surfaces (such as driveways and sidewalks) is prohibited, except:
a. Pressure Washing conducted with professional-grade equipment is allowed for necessary maintenance. Compliance with homeowner association or other aesthetic standards does not constitute necessary maintenance.

b. Dust control is allowed if required by federal, state or local health or safety standards.

4. Mobile Equipment Washing:
a. Washing of cars or trucks, other than professional car washes or mobile detailing businesses, is prohibited. This means that car wash fundraisers are prohibited. However, the washing of fire engines and other emergency Mobile Equipment (such as ambulances and law enforcement vehicles) is allowable, subject to subparagraph 40D-21.631(3)(a) 3., F.A.C.

b. The following specific activities are allowed: rinsing of boats after use, flushing of boat motors after use, necessary cleaning of Lawn and maintenance and agricultural vehicles, rinsing of any vehicle after exposure to saltwater or sewage and washing of any vehicle immediately prior to sale, rent or lease (including lease termination, but excluding daily car or truck rentals).

5. Users shall, if specifically Ordered by the District, cease all uses of water that are not essential to public health, safety and welfare.

(b) No person or entity, for example, a homeowner association or property manager, shall enforce any deed restrictions or other community standards which are inconsistent with the Water Shortage declaration. This specifically includes that the person or entity responsible for enforcement will suspend any requirement to replace plant material to meet aesthetic standards.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.185, 373.246 FS.

New 4-9-06, Amended 7-5-12, 5-19-14.

Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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