9256533, 40D-22.101 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9256533

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

YEAR-ROUND WATER CONSERVATION MEASURES

Overview

RULE:

40D-22.101	Definitions
40D-22.201	Year-Round Water Conservation Measures
40D-22.303	Variances and Waivers

PURPOSE:

Minor changes are proposed to enhance the effectiveness of Chapter 40D-22, F.A.C. Year-round Conservation Measures and consistency with Chapter 40D-21, F.A.C., Water Shortage Plan. The proposed amendments include adding or clarifying definitions for consistency between Chapters, clarifying allowable times for Spot Treatment, adding a schedule for plant establishment irrigation for large properties and allowing extra irrigation for salt flushing after tropical storms or hurricanes. This rulemaking also makes examples of circumstances for which a variance or waiver may be appropriate applicable only to variances, sets forth additional examples of circumstances warranting a variance and incorporates a new form, Petition for Variance Form No. LEG-R.42.00-0589 (9/28/10) required to be submitted in order to request a variance. The form will streamline processing of requests for variances from Chapter 40D-22, F.A.C.

SUMMARY:

Chapter 40D-22, F.A.C. comprises the District’s Year-Round Conservation Measures and promotes long-term sustainability of the water resources of the District through efficient use of water by regulatory means during times when no water shortage has been declared. This rulemaking revises or adds definitions to make Chapter 40D-21, F.A.C. (Water Shortage Plan) and Chapter 40D-22, F.A.C. (Year-Round Conservation Measures) consistent. The rulemaking revises the definition of “Address” and “Agriculture” and adds a definition for the lawn and landscape practice of Core Aerification. Amendments are also made to specify that Spot Treatment of lawns shall only be accomplished during allowable hours for irrigation, provide for an allowance for extra watering of Turfgrass for a 14-day period after Core Aerification has occurred, add an establishment period schedule for irrigation of properties without discernable addresses, cemeteries and properties two acres or greater in size, and allow for extra irrigation for salt flushing after tropical storms or hurricanes. This rulemaking also incorporates a new Petition for Variance form No. LEG-R.42.00-058 (9/28/10) that will be used for requests for relief from Chapters 40D-21 and 40D-22, F.A.C., and Water Shortage Orders rendered under Chapter 40D-21, F.A.C.

RULEMAKING AUTHORITY:

120.542, 373.044, 373.113, 373.171 FS.

LAW:

120.542, 373.119, 373.171, 373.175(4), 373.219, 373.223, 373.246(7), 373.62, 373.609 FS.

PRINT PUBLISH DATE:

10/15/2010 Vol. 36/41

COMMENTS:

From 10/15/2010 To 11/5/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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