Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 23, June 12, 2009 issue of the Florida Administrative Weekly.

40D-22.201 Year-Round Water Conservation Measures.

(1) through (3)(a) No change.

(3)(b) Irrigation systems may be operated during restricted days and/or times for cleaning and maintenance purposes with an attendant on site in the area being tested. Irrigation systems may routinely be operated for such purposes no more than once per week, and the total run time for each zone shall ~~any one test~~ ~~should~~ not exceed 10 minutes during the test.

(c) Irrigation for the purpose of chemigation, fertigation or watering-in of applied fertilizers, insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, or by applicable best management practices shall not be restricted, with two exceptions when associated with a lawn or landscape.: In the absence of specific alternative instructions from the manufacturer, such watering-in shall be limited to one application of one-quarter inches within 24 hours of the application; and, such watering-in shall be accomplished during allowable watering hours ~~times~~ unless a professional applicator has posted a temporary sign containing the date of application and the date(s) of needed watering-in activity and has also provided instructions listing the chemicals used and stating that the watering-in must occur immediately rather than during allowable watering hours.

(d) through (f) No change.

(g) New plant material shall only be irrigated as follows:

1. Any new plant material may be irrigated ~~on any day of the week as needed~~, for the purpose of maintaining plant health and encouraging root grow-in, during a 60-day establishment period. From day 1 through day 30 of this establishment period, irrigation may occur on any day of the week. From day 31 through day 60 of this establishment period, irrigation is limited to one application on each of three specified days, except as otherwise provided herein. The three allowable days shall be as follows: Even Numbered Addresses may provide establishment period irrigation on Tuesday, Thursday and Sunday and Odd Numbered Addresses may provide establishment period irrigation on Monday, Wednesday and Saturday.

2. through 7. No change.

(h) through (j) No change.

(4) Lawn and Landscape Use – The following additional requirements or exceptions to subsections 40D-22.201(1)-(3), F.A.C., shall apply to the irrigation of lawns and landscape.

(a) Except as otherwise specified in this Chapter, Even Numbered Addresses may accomplish necessary lawn and landscape irrigation on only Thursday ~~Tuesday~~ and/or Sunday ~~Saturday~~.

(b) Except as otherwise specified in this Chapter, Odd Numbered Addresses ~~and rights-of-way or other locations~~ ~~without an Address~~ may accomplish necessary lawn and landscape irrigation on only Wednesday and/or Saturday ~~Sunday~~.

(c) Except as otherwise specified in this Chapter, all properties not included in paragraphs (4)(a) and (b) above, including rights-of-way and common areas not associated with a specific property and other locations without any discernable address, may accomplish necessary lawn and landscape irrigation on only Tuesday and/or Friday.

(d)~~(c)~~ No change.

(e) Any automatic irrigation system in use must include a properly installed, maintained and operating device or system that inhibits or interrupts operation of the irrigation system during periods of sufficient moisture. Examples of such technology include a rain sensor, a soil moisture sensor or an ET-based controller with local weather station.

(5) through (7) No change.

Rulemaking ~~Specific~~ Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.219, 373.223, 373.62 FS. History–New 3-24-92, Amended 9-15-03,________.

40D-22.401 Enforcement.

(1) through (2) No change.

(3) Irrigation of lawns and landscapes, as described in this Chapter, may be further restricted by local governments in response to a local water supply system concern. In the event any county or city within the District adopts or implements such local measures, the measures contained therein shall be at least as restrictive as those imposed by this Chapter and the county or city shall promptly notify the District and provide a copy of all local measures imposed and the effective implementation date. ~~Irrigation of established lawns and landscaping, as established above, may be further restricted by local governments.~~

(4) No change.

Rulemaking ~~Specific~~ Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.119, 373.171, 373.175, 373.219, 373.246, 373.603, 373.609 FS. History–New 3-24-92, Amended 9-15-03,_______.