Notice of Variances and Waivers

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
Rule No. : RULE TITLE :
40E-24.201: Year-Round Landscape Irrigation Conservation Measures
The South Florida Water Management District (District) hereby gives notice:
that the Executive Director of the District issued an Order Granting Variance under Section 120.542, Fla. Stat., (Order No. 2011-030-DAO-WU), on March 10, 2011, to Pelican Cove Property Owner’s Association, Inc., in Palm Beach County. The Petition for Variance (Application No. 101216-7) was received by the District on December 16, 2010. Notice of receipt of the petition requesting variance was published in the Florida Administrative Weekly, Vol. 37, No. 1, on January 7, 2011. No public comment was received. This Order provides a variance for the Pelican Cove Property Owner's Association, Inc. Specifically, the Order grants a Variance from paragraph 40E-24.201(7)(a), F.A.C., which states that irrigation of existing landscape shall be conducted on specific days. Generally, the Order sets forth the basis of the Executive Director's decision to grant the Variance, as follows: 1) the Petitioner has demonstrated that the use of an alternate landscape irrigation schedule for each of its specified properties is likely to achieve the purpose of the statutes underlying paragraph 40E-24.201(7)(a), F.A.C.; 2) the Petitioner has demonstrated that it will experience substantial economic and technological hardship if it is required to comply; 3) the District has reasonable assurance that the granting of this variance will not prevent the Petitioner from meeting all permit conditions necessary to assure compliance with all of the District rules assuring protections of the water resources.
A copy of the Order or additional information may be obtained by contacting:
South Florida Water Management District’s Water Resource Regulation Department during the normal business hours of 8:00 a.m. – 5:00 p.m., Monday through Friday, except legal holidays, 3301 Gun Club Road, West Palm Beach, FL 33406-4680; by telephone at: (561)682-6911; or, by e-mail at: permits@sfwmd.gov; or, by accessing the District’s website at: www.sfwmd.gov using the Application/Permit Search on the ePermitting page.