6322186, 40C-2.042 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6322186

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

PERMITTING OF CONSUMPTIVE USES OF WATER

Overview

RULE:

40C-2.042	General Permit by Rule
40C-2.101	Publications Incorporated by Reference
40C-2.900	Forms and Instructions

PURPOSE:

The purpose of the proposed rule is to amend the General Permit by Rule set forth in Rule 40C-2.042, F.A.C., that regulates small irrigation uses below the consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C. Amendments include: expanding the applicability of the rule to all sources of water; limiting the amount of water used for irrigation to only that necessary for efficient utilization, revising the applicability of subsection 40C-2.042(1), F.A.C., to include cemeteries, providing that irrigation using a micro-spray, micro-jet, or drip irrigation system is allowed anytime; providing that irrigation of newly planted, seeded or sprigged cemeteries, golf course greens, tees, fairways and primary rough, and recreational areas such as playgrounds, football, baseball and soccer fields is allowed at any time of the day for one 60-day period; limiting the amount of water that can be used for the watering-in of chemicals; increasing the amount of time that irrigation systems can be operated for maintenance and repair purposes; excluding agricultural crops, nursery plants, and cemeteries from the definition of landscape irrigation; limiting landscape irrigation to no more than 2 specific days per week for residential properties (depending on address) and to no more than 2 specific days per week for non-residential properties, when Daylight Savings Time is in effect, and to no more than 1 specific day per week for residential properties (depending on address) and to no more than 1 specific day per week for non-residential properties, when Eastern Standard Time is in effect; defining the terms “residential landscape irrigation” and “non-residential landscape irrigation”; establishing limits on the amount of water than can be applied on the specific irrigation days; deleting the exceptions for the use of reclaimed water and for the use of recycled water from wet detention treatment ponds; providing that landscape irrigation with reclaimed water can occur on additional days under certain specified conditions; providing that the use of private irrigation wells for landscape irrigation is not authorized when reclaimed water is available; providing when reclaimed water is deemed “available”; revising Form 40C-2-1082-2; and revising the Applicant’s Handbook: Consumptive Uses of Water, to reflect these changes. These amendments are proposed to be effective March 8, 2009.

SUMMARY:

Amendments to General Permit by Rule in Rule 40C-2.042, F.A.C., and related Applicant’s Handbook: Consumptive Uses of Water, provisions regarding irrigation regulation.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171 FS.

LAW:

373.118, 373.219, 373.223, 373.250, 373.609 FS.

PRINT PUBLISH DATE:

10/24/2008 Vol. 34/43

COMMENTS:

From 10/24/2008 To 11/14/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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