Florida Regulations 40C-21.291: Implementing or Modifying a Water Shortage Declaration
Current as of: 2024 | Check for updates
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(1) When a Water Shortage is initially declared, the District will publish an advertisement of the declaration in newspapers of general circulation in the areas affected. In addition, the District will inform the public of the restrictions in effect and the sources of supply which are affected. The newspaper advertisement shall serve as notice to all users and local government officials in the affected area as to the Water Shortage declaration, including identification of the phase and a summary of water use restrictions and other measures.
(2) The District will send a Notice of Water Shortage by electronic or regular mail to each consumptive use permittee whose permit will be affected or whose permitted water use will otherwise be restricted by the Water Shortage declaration.
(3) An order declaring a Water Shortage or modifying an existing declaration shall remain in effect for the period of time established in the order; or, if no period of time is established, until the order is modified or rescinded by the Board.
(4) During a declared Water Shortage, the District shall continue to monitor and evaluate conditions in accordance with Fl. Admin. Code R. 40C-21.221
(5) Except as set forth in any Water Shortage order or Water Shortage Emergency order, lawn and landscape irrigation and other uses of water remain subject to applicable consumptive use permit conditions and/or the provisions of Fl. Admin. Code R. 40C-2.042 (the District’s Year-Round Water Conservation Measures), and any variances from the year-round water conservation measures for landscape irrigation issued by the District or applicable local government.
(6) When, after considering the data, evaluations, and factors set forth in rules 40C-21.221, 40C-21.231, and 40C-21.251, F.A.C., it is determined that conditions have changed sufficiently to warrant the declaration and implementation of a different set of water use restrictions and other measures or that conditions no longer warrant the existence of a specific Water Shortage declaration, an order amending or rescinding an existing Water Shortage declaration shall be issued and implemented in accordance with rules 40C-21.231, 40C-21.251, and 40C-21.291, F.A.C.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 1-1-84, Amended 8-23-18.
(3) An order declaring a Water Shortage or modifying an existing declaration shall remain in effect for the period of time established in the order; or, if no period of time is established, until the order is modified or rescinded by the Board.
(4) During a declared Water Shortage, the District shall continue to monitor and evaluate conditions in accordance with Fl. Admin. Code R. 40C-21.221
(5) Except as set forth in any Water Shortage order or Water Shortage Emergency order, lawn and landscape irrigation and other uses of water remain subject to applicable consumptive use permit conditions and/or the provisions of Fl. Admin. Code R. 40C-2.042 (the District’s Year-Round Water Conservation Measures), and any variances from the year-round water conservation measures for landscape irrigation issued by the District or applicable local government.
(6) When, after considering the data, evaluations, and factors set forth in rules 40C-21.221, 40C-21.231, and 40C-21.251, F.A.C., it is determined that conditions have changed sufficiently to warrant the declaration and implementation of a different set of water use restrictions and other measures or that conditions no longer warrant the existence of a specific Water Shortage declaration, an order amending or rescinding an existing Water Shortage declaration shall be issued and implemented in accordance with rules 40C-21.231, 40C-21.251, and 40C-21.291, F.A.C.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 1-1-84, Amended 8-23-18.