Agenda 11/18/2008 Item #16C 5
Agenda Item No. 16C5
November 18, 2008
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to approve the communication of concerns from the Collier
County Water-Sewer District by letter, under the signature of the Chair of the
Board of County Commissioners, Ex-Officio the Governing Board of the Collier
County Water-Sewer District, to the South Florida Water Management District
relative to the proposed revisions to Florida Administrative Code Chapters 40E-2
and 40E-24 ("Year-Round Landscape Irrigation Rule").
OBJECTIVE: To approve the communication of concerns from the Collier County
Water-Sewer District (CCWSD) by letter, under the signature of the Chair of the Board
of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-
Sewer District, to the South Florida Water Management District (SFWMD) relative to the
proposed revisions to Florida Administrative Code Chapters 40E-2 and 40E-24 ("Year-
Round Landscape Irrigation Rule").
-
CONSIDERATION: The SFWMD has initiated a rule-making process to revise Florida
Administrative Code, Chapters 40E-2 and 40E-24 ("Year-Round Landscape Irrigation
Rule"). The Public Utilities Division, representing the CCWSD, has been actively
involved in the rule-making process, attending several rule-making workshops, and
providing comment relative to its concerns. Additionally, the Board of County
Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer
District, has previously communicated concerns to the SFWMD by letter under signature
of the Chair.
The primary concerns relative to the proposed rule, in its current iteration, are:
I. Florida Administrative Code Section 40E-2.061, entitled No-Notice General
Permit by Rule grants a general water use permit by rule to each person within
SFWMD's boundaries to use, withdraw, or divert water at a single family
dwelling or duplex including but not limited to home lawn and ornamental
irrigation, car washing, and other incidental uses.
2. Any restriction placed on the use of reclaimed water.
3. The necessity to irrigate at a greater frequency at certain times of the year to
sustain the health of certain landscaping, given the hydrology of sandy soils and
higher temperatures.
4. The potential impact to water quality in the water distribution system.
5. The requirement to submit an irrigation ordinance to SFWMD for review and
approval.
-
The first of these proposed changes (Section 40E-2.061, FA.C.) issues a general water
use permit by rule to each person in the District (SFWMD) that uses water, including
private wells and surface waters. The rule does not require the filing of an application by
an individual water user, nor does it require the SFWMD to notifY an individual water
user that they are now, as a general water use permit holder, subject to the conditions of
Agenda Item No. 16C5
November 18, 2008
Page 2 of 21
the no-notice permit to comply with Florida Administrative Code Chapters 40E-21 -
Water Shortage Plan and 40E-24 - Year-Round Landscape Irrigation Rule. It also
requires, without notice, any person using water or proposing to use water in a manner
that differs from the conditions imposed by Chapter 40E-24, F.A.C. to apply for a
modification of the permit. This proposed rule change preempts the ability of local
governments from regulating water use by these new pcrmit holders.
The second issue is the continued insistence to regulate and/or restrict the use of
reclaimed water. The CCWSD has invested heavily in treatment facilities to reclaim
wastewater and in distribution system and appurtenances to convey the irrigation quality
water to its customers. The CCWSD distributes greater than 90 percent of its treated
wastewater through its irrigation quality water system, a wise and beneficial use of a
valuable water resource. There is question as to whether the SFWMD has the specific
statutory grant of rulemaking authority to regulate the distribution and use of reclaimed
water.
The third issue is the acknowledged necessity to irrigate at a greater frequency at certain
times of the year to sustain the health of certain landscaping, given the hydrology of
sandy soils and higher temperatures in Southwest Florida. The Statement of Estimated
Regulatory Costs for Mandatory Year-Round Landscape Irrigation Conservation
Measures (SFWMD, October 23, 2008), in Section 4.2.3 entitled "When Four Days is
Three (and Three Days is Two)," suggests that "... a conforming strategy for any user
who, for instance, irrigates in the morning and finds that his or her landscape is showing
unacceptable stress by the afternoon before the next watering day, would be to add an
afternoon irrigation. In essence, the uscr conducts additional watering on irrigation days
when conditions that might cause this problem secm likely. Thus, the landscape will only
need to have the extractable water for three days, or two, in order for the landscape to
meet its evapotranspiration needs. The availability of this option will reduce the potential
for significant impacts due to inadequate root zone storage to meet ET needs."
On July ll, 2007, a Memorandum was delivered to SFWMD Governing Board Members
from Chip Merriam, Deputy Executive Director, Water Resources, acknowledging a
difference between other water management district irrigation requirements and those of
the SFWMD. The memorandum states "The SFWMD is allowing three days a week for
irrigation due to sandy soils and higher year-round temperatures in its sub-tropic region,"
Additionally, the Memorandum states "The Lower West Coast has used this conservation
measure to conserve the resources for four years. Expansion to the other regions of the
District will extend the benefits to the entire SFWMD geographical area."
The CCWSD is concerned with the SFWMD's intent to restrict landscape irrigation to
two (2) days a week instead of three (3) days a week. In April 2002, the Collier County
Board of County Commissioners promulgated and implementcd a Year-Round Irrigation
Ordinance (Ordinance 2002-17) that restricted the use of water from all sources, public
and private, with the exception of reclaimed and supplemented reclaimed water; the
Ordinance restricted usage to three (3) days a week, based on odd/even addresses, and
limited the allowable hours of irrigation to a period of time from 12:0] AM to 8:00 AM.
Agenda Item No. 16C5
November 18, 2008
Page 3 of 21
The frequency of irrigation allowed by the Ordinance was based on studies done by the
University of Florida Institute of Food and Agricultural Sciences relative to landscape
irrigation requirements specific to Southwest Florida. The implementation and
enforcement of Ordinance 2002-17, the use of reclaimed water/supplemented reclaimed
water, other water conservation measures, and public outreach and education have
significantly reduced the per capita consumption of potable water and stabilized raw
water source availability.
The proposed rule will allow for irrigation two (2) days a week, based on odd/even
addresses, and prohibits irrigation between the hours of 10:00 AM and 4:00 PM. The
proposed rule allows for irrigation for a period oftime totaling 36 hours per week (2 days
a week, 18 hours each day). Collier County's Ordinance 2002-17 allows for irrigation for
a period of time totaling 24 hours per week (3 days a week, 8 hours a day). Ordinance
2002-17 not only reduces the allowable irrigation time by 33 percent compared to the rule
proposed by SFWMD, but it also addresses the operational needs of the utility.
The fourth issue is a concern over the potential impact on water quality in the water
distribution system. Pipe sizes in a potable water distribution system must be over-sized
in order to meet required peak flows, including fire flows. The required over-sizing to
meet peak flows creates the potential for water quality degradation based on the
residency time of the water in the distribution system. Three day a week irrigation, as
allowed by Ordinance 2002-17, spreads out the demand placed on the system by
irrigation, thus addressing the concerns related to the longer residency time of water in
the distribution system and its potential impact to water quality. It is unclear how much
water will be saved by restricting irrigation to two days a week instead of three, when
considering the additional water that will be needed to flush the potable water system to
maintain required potable water quality.
The fifth and final issue is the requirement to submit a Collier County irrigation
ordinance to the SFWMD for review and approval prior to local promulgation. There is
question regarding infringement on the constitutional home rule authority of Collier
County that may not be able to be restricted by administrative rule.
The CCWSD is of the opinion that Collier County Ordinance 2002-17 meets the intent of
the SFWMD to reduce irrigation demand in that it is much more restrictive in the total
allowable hours for irrigation during a week. Moreover, SFWMD needs to provide
additional information on the science regarding whether a two day a week restriction
allows for the frequency of irrigation necessary to maintain landscapes in Southwest
Florida.
A letter has been prepared by staff which addresses the concerns of the Public Utilities
Division; the letter is attached to the Executive Summary as Appendix A. The letter will
be transmitted to the SFWMD upon approval and signature.
Excerpts from Florida Administrative Code that include the proposed changes to the rules
are attached as follows:
Agenda item No. 16C5
November 18, 2008
Page 4 of 21
Appendix B
Appendix C
Appendix D
FAC. 40E-2
FAC.40E-20
FAC.40E-24
FISCAL IMPACT: While there is no immediate fiscal impact associated with this item,
there is potential for negative fiscal impact to the Public Utilities Division if the rule is
promulgated in its current iteration.
GROWTH MANAGEMENT IMPACT: There IS no growth management impact
associated with this item.
LEGAL CONSIDERATIONS: No legal issues are raised in this Executive Summary.-
JAK
RECOMMENDATION: To approve the communication of concerns from the Collier
County Water-Sewer District by letter, under the signature of the Chair of the Board of
County Commissioners, Ex-Officio the Governing Board of the Collier County Water-
Sewer District, to the South Florida Water Management District relative to the proposed
revisions to Florida Administrative Code Chapters 40E-2 and 40E-24 ("Year-Round
Landscape Irrigation Rule").
PREPARED BY: Paul E. Mattausch, Director, Collier County Water Department
Page 1 of 1
Agenda Item No. 16C5
November 18, 2008
Page 5 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C5
Meeting Date:
Recommendation to approve the communication of concerns from the Collier County Water-
Sewer District, by letter, under the signature of the Chair of the Board of County
Commissioners, Ex.Officio, the Governing Board of the Collier County Water.Sewer District.
to the South Florida Water Management District relative to the proposed revisions to Florida
Administrative Code Chapters 40E-2 and 40E-24 (Year-Round Landscape Irrigation Rule).
11/18/2008 9:0000 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
11/12/200812:06 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
11/12/200812:42 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Oate
County Attorney
County Attorney Office
11/12/20081:50 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
11/12/20081:51 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/12/20084:00 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/12/20084:57 PM
file://C:\AgendaTestIExportII16-November%2018,%2020081 16.%20CONSENT%20AGE... 11/12/2008
Agenda Item No. 16C5
November 18, 2008
Page 6 of 21
THE FULL TEXT OF THE PROPOSED RULE IS:
40E-2.051 Exemptions.
(1) through (2) No change.
(3) '!'!3tor used 3t 3 single family d'.."elling or duplex including but not limited to homo
13'Im 3nd ornamental irrig3tion, C3r washing, 3nd othor incidont31 uses pro'/iaed that
water iE: obtai nod from one withdr3wal facility for each single farnily dwelling er dyplex.
Specific Authority 373.044, 373.113, 373.171, FS. Law Implemented 373.219 FS.
History-New 9-3-81, Formerly 16K-2.025, Amended 2-24-85, 4-20-94,
40E-2.061 No-Notice General Permit by Rule.
(1) The Board hereby qrants a qeneral water use permit bv rule to each person
within the District to use, withdraw, or divert water at a sinqle family dwellinq or duplex
includinq but not limited to home lawn and ornamental irriqation, car washinq, and other
incidental uses provided that water is obtained from one withdrawal facilitv for each
sinqle familv dwellinq or duplex.
(2) The filinq of an application for a permit under this rule is not required.
(3) As a condition of this permit. each person issued pursuant to this rule shall
comply with Chapters 40E-21 and 40E-24, FAC.
(4) Persons usinq or proposinq to use water in a manner that differs from the
conditions imposed bv Chapter 40E-24, FAC.. shall applv for a modification of this
permit pursuant to subsection 40E-2.331(4), FAC.
Specific Authority 373.044. 373.113. 373.118, 373.171 FS. Law Implemented 373.118,
373.219.373.223 FS. Historv-New
40E-2.091 Publications Incorporated by Reference.
The "Basis of Review for Water Use Permit Applications within the South Florida Water
Management District - October 11, 2008", is hereby published by
reference and incorporated into this chapter. A current version of this document is
available upon request.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042,
373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233,
373.236,373.239,373.250 FS. History-New 9-3-81, Formerly 16K-2.035(1), Amended
2-24-85,11-21-89,1-4-93,4-20-94,11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-
19-01,8-1-02,6-9-03,8-31-03,4-23-07,9-13-07, 2-13-08,10-14-08,
Agenda Item No. 16C5
November 18, 2008
Page 7 of 21
"Basis of Review for Water Use Permit Applications Within the South Florida Water
Management District"
Section 2.6.1
All public water supply utilities applying for an individual permit are required to develop
and implement a water conservation plan. The water conservation elements of each
plan need to be identified as part of the application. A timetable outlining the
implementation schedule of each of the required water conservation elements will be
required to be submitted or shown to already exist prior to issuance or renewal of a
public water supply water use permit. The conservation plan shall be prepared and
implemented for the service area incorporating, at a minimum, the following mandatory
components. For those components which require ordinance adoption, such ordinance
should incorporate the entire boundary of the enacting jurisdiction. The Permittee shall
provide a copy of the ordinances for each of the mandatory elements for which
ordinances are adopted. The mandatory water conservation elements are as follows:
A. The limitation of all lawn and ornamental irrigation to the hours and davs specified
in Rule 40E-24.201. F.A.C.. or alternative landscape irriqation conservation measures
which have been approved bv the District pursuant to Rule 40E-24.301. F AC. Chapter
10E 21 at a minimum, of 1:00 P.M. to 10:00 A.M. Tho pormit/\pplicant or enacting local
govornment m3Y adopt 3n ordinanco which includes exemptions from the irrig3tion hour
restrictions for tho following circumstances, irrig3tion systems and/or users:
1. Irrigation using a micro irrig3tion system;
2. Recl3imod water end users;
3. Preparation for or irrigation of nmv landscape;
1. W3toring in of chomic31s, including insocticides, posticides, fertilizors, fungicidos,
and herbicides when roquirod by law, rocommendod by the m3nuf.3cturor, or
constituting best management pr3ctices;
5. M3inten3nce 3nd repair of irrig3tion systems;
6. Irrigation using low volumo h3nd watering, including watering by one hose
attended by one person, fittod with 3 self canceling or autom3tic shutoff nozzle or both
ef
7. Users irrigating with 75% or more w3ter recovorod or derived from an aquifer
stor3ge 3nd rocoverJ systom.
B. through I. No change.
40E-2.331 Modification of Permits.
(1) through (4)(a)5. No change.
Agenda Item No. 16C5
November 18. 2008
Page 8 of 21
6. Does not allow more cumulative davs and time to conduct landscape irriaation
pursuant to Ghapter 40E-24. FAG.. for those permits issued pursuant to Rule 40E-
2.061. FAG. and those permits classified as landscape irriaation use.
(b) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239
FS. History-New 9-31-81, Formerly 16K-2.09(1), Amended 4-20-94,7-11-96,4-9-97,
12-10-97,8-1-02,4-23-07,2-13-08,
Agenda Item No. 16C5
November 18, 2008
Page 9 of 21
THE FULL TEXT OF THE PROPOSED RULE IS:
40E-20.091 Publications Incorporated by Reference.
The "Basis of Review for Water Use Permit Applications within the South Florida Water
Management District - Octobor 14, 2008" is hereby published by reference
and incorporated into this chapter. A current version of this document is available upon
request.
Specific Authority 373.044,373.113,373.118, 373.171 FS. Law Implemented 373.042,
373.0421,373.103(4), 373.118, 373.171, 373.223, 373.229 FS. History-New 8-14-02,
Amended 8-31-03, 4-23-07,9-13-07,2-13-08,10-14-08,
(For proposed amendments to the "Basis of Review for Water Use Permit Applications
within the South Florida Water Management District", see Notice of Proposed Rule for
Rule 40E-2.091, FAC.)
40E-20.331 Modification of Permits.
(1) through (3)(a)5. No change.
6. Does not allow more cumulative days and time to conduct landscape irriqation
pursuant to Chapter 40E-24, FAC, for those permits classified as landscape irriqation
use.
(b) No change.
Specific Authority 373.044,373.113,373.171,373.216 FS. Law Implemented 373.223,
373.229,373.239 FS. History-New 4-20-94, Amended 7-11-96, 4-9-97, 12-10-97,8-14-
02,8-31-03,4-23-07,2-13-08,
Agenda Item No. 16C5
November 18, 2008
Page 10 of 21
THE FULL TEXT OF THE PROPOSED RULE IS:
40E-24.011 Policy and Purpose.
(1) This chapter comprises the South Floria3 Water Mana€lement DiEtriet'E (DiEtrict)
Mandatory Year-Round Landscape Irrigation Conservation Measures for the 3roa within
Loe, Collier 3nd thelt portion of Charlotte County within the boundaries of the South
Florida Water Management District (District). These mandatory conservation measures
are intended to provide a framework for consistent implementation to ensure the long-
term sustainability of the water resources of the region, increase water use efficiency
and prevent and curtail wasteful water use practices through regulatory means for
landscape irrigation by all users. Local governments are encouraged to implement
these conservation measures through the adoption of ordinances that would include
these measures, variance and enforcement provisions. These measures are in addition
to Chapter~ 40E-2 and 40E-20, F.A.C., provisions and non-regulatory measures, such
as education and incentive programs, which are also utilized by the District to promote
water conservation. These conservation measures prohibit landscape irrigation during
those periods of the day when irrigation efficiency significantly decreases, and limit
landscape irrigation water use to a maximum number of two tAfee days per week unless
specified otherwise herein.
(2) through (3) No change.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421,
373.171, 373.223, 373.227 FS. History-New 6-12-03, Amended
40E-24.101 Definitions.
When used in this chapter:
(1) "Address" means the "house number" (a numeric or alphanumeric designation)
that, together with the street name, describes the physical location of a specific
property. This includes "rural route" numbers but excludes post office box numbers. If a
lot number in a mobile home park or similar community is used by the U.S. Postal
Service to determine a delivery location, the lot number shall be the property's address.
If a lot number in a mobile home park or similar residential community is not used by the
U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the
community's address), then the community's main address shall be the property's
address. If a property has no address it shall be considered "even-numbered".
Agenda Item No. 16C5
November 18, 2008
Page 11 of 21
(2) "Athletic play area" means all golf course fairways, tees, rouqhs. and greens, and
other athletic play surfaces; including, football, baseball, soccer, polo, tennis and lawn
bowling fields, and rodeo, equestrian and livestock arenas.
(3) "Consumptive Use Permit (CUP)" means a permit issued pursuant to Chapter
40E-2 or 40E-20, FAC., authorizing the consumptive use of water.
(4) "Even Numbered Address" means an address, ending in the numbers 0, 2, 4, 6,
8, or riqhts-of-way or other locations with no address, or the letters A-M.
(5) "Existinq landscapinq" means anv landscapinq which has been which has been
planted and in the qround for more than sixty (60) davs.
(6) "Landscapinq" means shrubbery. trees, lawns, sod, qrass, qround covers, plants.
vines, ornamental qardens. and such other flora. not intended for resale. which are
situated in such diverse locations as residential landscapes, recreation areas.
cemeteries. public. commercial. and industrial establishments. public medians, and
riqhts-of-way except athletic plav areas as defined in subsection 40E-24.1 01(2), FAC.
~ "Low Volume Hand Watering" means the watering of landscape by one
person, with one hose, fitted with a self-canceling or automatic shutoff nozzle.
(8) "Low Volume Irriqation" means the use of equipment and devices specifically
desiqned to allow the volume of water delivered to be limited to a level consistent with
the water requirement of the plant beinq irriqated and to allow that water to be placed
with a hiqh deqree of efficiency in the root zone of the plant. The term also includes
water used in mist houses and similar establishments for plant propaqation. Overhead
irriqation and flood irriqation are not included.
{IDf9j "Landscape Irrigation" means the outside waterinq of delivery of w3ter to
shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens,
and such other flora, not intended for resale, which are planted and est3blished for
moro than sixty (60) days and are situated in such diverse locations as residential
landscapes, recreation areas, cemeteries, pubiic, commercial, and industrial
establishments, public medians, and rights-of-way except athletic play areas as defined
in subsection 40E-24.101(2), FAC.
(10) "Micro-irriqation" means the application of small quantites of water on or below
the soil surface as drops or tinv streams of sprav throuqh emitter or applicators placed
alonq a water delivery line. Micro-irriqation includes a number of methods or concepts
such as bubbler, drip. trickle. mist or microsprav. and subsurface irriqation.
(11) "New landscapinq" means anv landscapinq which has been planted and in the
qround for sixtv (60) davs or less.
Agenda Item No. 16C5
November 18, 2008
Page 12 of 21
!.1l1f7j "Odd Numbered Address" means an address ending in the numbers 1, 3, 5,
7, 9 or the letters N-Z.
llill~ "Reclaimed Water" means wastewater that has received at least secondary
treatment and basic disinfection and is reused after flowing out of a wastewater
treatment facility as defined bv Rule 62-40.210, FAC.
(14) "Supplemented reclaimed water" and "blended reclaimed water" means
reclaimed water which has been comminqled with other sources of water. such as
potable water, qroundwater. surface water, and water treatment process by-product bv
a public or private utilitv.
~ "User" means any person, individual, firm, association, organization,
partnership, business trust, corporation, company, agent, employee or other legal entity
whether natural or artificial, the United States of America, and the State and all political
subdivisions, regions, districts, municipalities, and public agencies thereof, which
directly or indirectly takes water from the water resource, including uses from private or
public utility systems, uses under water use permits issued pursuant to Chapter 40E-2
or 40E-20, FAC., or uses from individual wells or pumps.
~ "Wasteful and unnecessary" means allowing water to be dispersed without
any practical purpose to the water use; for example, excessive landscape irrigation,
leaving an unattended hose on a driveway with water flowing, allowing water to be
dispersed in a grossly inefficient manner, regardless of the type of water use; for
example, allowing landscape irrigation water to unnecessarily fall onto pavement,
sidewalks and other impervious surfaces; allowing water flow through a broken or
malfunctioning water delivery or landscape irrigation system.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421,
373.171,373.223,373.227 FS. History-New 6-12-03, Amended
40E-24.201 Year-Round Landscape Irrigation Conservation Measures.
(1) The year-round landscape irrigation conservation measures contained in this
chapter are applicable to all users as defined in subsection 40E-24.101f.12.)f-W1, FAC.,
including permitted and exempt users under Chapter 40E-2, FAC., unless indicated
otherwise herein. These conservation measures apply to all water sources, except that
landscape irrigation accomplished using reclaimed water and/or supplemented
reclaimed water is subject to only paragraphs (5)(a), (I) and (5)(b). (I) of this section. In
addition to the requirements of this section, all permitted users under Chapter2 40E-2
and 40E-20, FAC., are required to maintain compliance with all CUP conditions and
Agenda Item No. 16C5
November 18, 2008
Page 13 of 21
terms, including those designed to require the implementation of water conservation
practices.
(2) Any restrictions or other measures declared pursuant to Chapter 40E-21, FAC.,
or related Board or Executive Director orders which are more restrictive than a measure
contained within this chapter, shall supersede this rule for the duration of the applicable
water shortage declaration.
(3) It shall be the duty of each water user to keep informed as to the landscape
irrigation conservation measures presented within this chapter, which affect each
particular water use.
(4) In addition to the specific conservation measures enumerated below, all wasteful
and unnecessary water use as defined in subsection 40E-24.101(10), F.A.C., is
prohibited.
(5) The following requirements or exceptions shall apply to all users unless specified
otherwise herein:
(a) Irriqation of existina landscapinq shall comply with the followina provisions:
Landccape irrigation shall bo prohibited daily betweon the hours of 10:00 a.m. and 1:00
p.m., except ac otherv/iEO provided heroin.
1. Landscape irriqation shall be prohibited daily between the hours of 10:00 a.m. and
4:00 p.m.. except as otherwise provided herein.
2.~ Even addresses, installations with irriqation systems that irriaate both even and
odd addresses within the same zones. includinq multi-family units and homeowners'
associations. and riqhts-of-way or other locations with no address as defined in Rule
subsection 40E-24.101t41, FAC., may accomplish necessary landscape irrigation only
on Tuesd3Y, and/or Thursday and/or Sunday.
3.~ Odd addresses as defined in Subsection 40E-24.101~, FAC., and rights
of way or othor locations without 3n address may accomplish necessary landscape
irrigation only on Mond3Y, 3nd!or Wednesday and/or Saturday.
(b) Irriqation of new landscapinq shall comply with the followina provisions:
1. Irriqation of new landscapina shall be prohibited daily between the hours of 10:00
a.m. and 4:00 p.m.. except as otherwise provided herein.
2. On the day the new landscapina is installed. the new landscapinq may be irriqated
once without reqard to the normallv allowable waterina davs and times. Irriqation of the
soil immediatelv prior to the installation of the new landscapinq is also allowable without
reaard to the normal allowable waterinq davs and times.
Agenda Item No. 16C5
November 18, 2008
Page 14 of 21
3. The sixtv (60) dav period beqins the day the new landscapinq is installed. The
new landscapinq shall be installed within a reasonable time from the date of purchase,
which may be demonstrated with a dated receipt or invoice.
4. Irriqation of new landscapinq which has been in place for thirty (30) days or less
mav be accomplished on Monday, Tuesdav, Wednesdav. Thursday, Saturday, and/or
Sundav.
5. Irriqation of new landscapinq which has been in place for thirty-one (31) to sixtv
(60) davs mav be accomplished on Mondav. Wednesdav. Thursday, and/or Saturdav.
6. Irriqation of the new landscapinq is limited to areas containinq the new
landscapinq on Iv. An entire zone of an irriqation svstem shall only be utilized for
landscape irriqation under this paraqraph if the zone in question is for an area that
contains at least 50% new landscapinq. If a zone contains less than 50% new
landscapinq, or if the new landscapinq is in an area that will not typically be irriqated by
an irriqation svstem, onlv the individual new plantinqs are eliqible for additional irriqation
under this paraqraph. Tarqeted waterinq may be accomplished by low volume hand
waterinq, or anv appropriate method which isolates and waters onlv the new
landscapinq.
{fl~ Landscape irrigation systems may be operated during restricted days and/or
times for cleaning, maintenance, and repair purposes with an attendant on site in the
area being tested. Landscape irrigation systems may routinely be operated for such
purposes no more than once per week, and the run time for anyone test should not
exceed 10 minutes per zone.
fQ}fej Landscape irrigation for the purpose of watering:in fertilizers, insecticides,
pesticides. fungicides and herbicides, where such watering-in is recommended required
by the manufacturer, or by federal, state or local law, or best manaqement practices,
shall be allowed under the following conditions:
1. Such watering-in shall be limited to one application unless the need for more than
one application is stated in the directions for application specified by in tho abwnco of
spocific altornative im:tructiom: fffifR the manufacturer; and
2. Such watering-in shall be accomplished during normally allowable watering days
and times set forth in paraqraphs (5)(a) and (5)(b) unless a professional licensed
applicator has posted a temporary posticido sign containing the date of application and
the daters) of needed watering-in activity.
{illtfj Any plant material may be watered using low volume irriqation, micro-irriqation,
low-volume hand watering methods, and rain barrels. cisterns, or other rain-harvestinq
devices without regard to the watering days or times allowed pursuant to this section.
Agenda Item No. 16C5
November 18, 2008
Page 15 of 21
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421,
373.171, 373.223. 373.227 FS. History-New 6-12-03. Amended
40E-24.301 Local Government Option.
(1) Local governments that wish to enforce alternative landscape irrigation
conservation measures, shall be considered to be in substantial compliance with this
rule upon the enactment of an ordinance establishing landscape irrigation measures
which achieve water conservation and which allow no more cumulative davs and time
for landscape irrigation than Subsection 40E-24.201(5), FAC. Such ordinance shall
provide for variance and enforcement procedures that do not diminish the intent and
effectiveness of the measures and which do not conflict with the District's authority
under Chapter 373. F.S. and District rules.
(2) Irriqation of landscapes. as defined above, mav be further restricted bv local
qovernments only in response to concerns directly related to the local water supplv
svstem.
(3) Local qovernments with a iurisdiction divided between the South Florida Water
Manaqement District and another water manaqement district may propose an
alternative schedule of landscape irriqation conservation measures as necessary for the
local qovernment to achieve a uniform schedule within its iurisdiction.
(4) At least thirtv (30) davs prior to the adoption of an ordinance for alternative
landscape irriqation conservation measures. the local qovernment shall submit the
proposed ordinance to the District to review for consistencv with Chapter 373. F.S., and
District rules and approval. The ordinance must be adopted as approved bv the District.
~ In order to evaluate the effectiveness of the approved alternative landscape
irrigation conservation measures, such local governments shall provide an annual report
to the District which includes any variances granted or denied, enforcement actions
taken and any measures proposed to be amended in the next reporting period. Each
annual report shall be submitted no later than September 30th of each year followinq
the adoption of this Chapter. Tho firEt report chall bo cubmittod no lator than Januarj1 ,
~
~ Users within the jurisdiction or customers of such local governments shall
comply with the alternative landscape irriqation conservation measures contained within
the ordinance implementing that program and are not subject to the measures
contained in Subsection 40E-24.201(5), FAC.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421,
373.171,373.223.373.227 FS. History-New 6-12-03. Amended
Agenda Item No. 16C5
November 18. 2008
Page 16 of 21
40E-24.401 Enforcement.
(1) As required by Section 373.609, F.S., each county and city commission, state
and county attorney, sheriff, police officer and other appropriate local government
official in the region covered by this chapter which is not implementing alternative
landscape irriGation conservation measures pursuant to a local government ordinance,
shall respond to address-specific or location-specific violations of this chapter upon
request from the District.
(2) A local Government mav enforce Rule 40E-24.201, FAC.. within its iurisdiction
by adoptinG an ordinance incorporatinG the provisions specified therein. At least thirty
(30) davs prior to the adoption of an ordinance to enforce Rule 40E-24.201, FAC.. the
local Government shall submit the proposed ordinance to the District to review for
consistencv with Chapter 373. F.S.. and District rules and approval. The ordinance
must be adopted as approved bv the District. Irrigation of landE:capos, 3E: dofinod abo'o'o,
may bo furthor mE:trictod by local gO'lornments only in roE:ponse to concerns diroctly
rolated to the local \Vator supply system or 3E: provided in Rule 10E 21.391, F./\.C.,
abovo.
(3) In enforcing the provisions of this chapter the District will utilize any of the
enforcement remedies available pursuant to Chapter 120 or 373, F.S., or applicable
District rule. The Executive Director may take appropriate action pursuant to Sections
373.119,373.175(4), 373.246(7) and 120.69, F.S., to enforce the provisions of this
chapter.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.119, 373.171,
373. 175{1}, 373.227, 373.246ill, 373.603, 373.609 FS. History-New 6-12-03,
Amended
40E-24.501 Variances and Waivers.
(1) Users mav reGuest relief from the provisions of this Chapter by filinG a petition for
variance or waiver pursuant to Section 120.542. Florida Statutes, and Chapter 28-104.
F.AC. Examples of circumstances, which subiect to the above-referenced statute and
rule and the provisions below. mav be candidates for the issuance of a variance, include
but are not limited to:
(a) Two or more properties which share a common source of water:
(b) A public or private water svstem experiencinG, or anticipatinG distribution
problems that cannot be addressed throuGh Rule 40E-24.301, FAC.:
Agenda Item No. 16C5
November 18, 2008
Page 17 of 21
(c) A property utilizinq modern. properlv maintained and hiqhlv efficient irriqation
technoloqies. includinq but not limited to soil moisture sensors and weather/
evapotranspiration-based irriqation controllers.
(2) A variance or waiver is invalid if it has expired or if the user or its aqent violates
the terms of the variance or waiver.
(3) Where a local qovernment has adopted an ordinance incorporatinq the
provisions set forth in Rule 40E-24.201. FAC.. or alternative landscape irriqation
measures pursuant to Rule 40E-24.301. F.A.C.. users requirinG relief from such
landscape irriGation conservation measures must petition that local Government for
relief.
Specific Authoritv 120.542. 373.044. 373.113. 373.171 FS. Law Implemented 120.542,
373.119,373.171,373.175(4),373.227,373.246(7). 373.603, 373.609 FS. Historv-
New
Agenda Item No. 16C5
November 18. 2008
Page 18 of 21
November 18,2008
VIA TELEF ACSIMILE (561) 682-5215 AND MAIL
Jesus Rodriguez
Lead Water Conservation Officer
South Florida Water Management District
Post Office Box 24680
West Palm Beach, FL 33416-4680
Re: Proposed SFWMD Year-Round Irrigation Rule
Dear Mr. Rodriguez:
Please accept this letter as the comments of the Collier County Water-Sewer District
(CCWSD), with respect to the proposed revisions to Florida Administrative Code Chapter 40E-
24 ("Year-Round lnigation Rule") by the South Florida Water Management District (SFWMD).
While the CCWSD strongly supports SFWMD's efforts to conserve water resources,
serious concerns still remain with the proposed rule which must be addressed. While the
CCWSD has for years supported the district-wide expansion of a Year-Round lnigation Rule,
and recognizes SFWMD's efforts to develop a mutually acceptable Year-Round lnigation Rule,
there needs to be a recognition that many regions in the SFWMD area are different than other
areas in Florida, and the proposed rule needs to be based on that recognition, not blanket policy.
The primary concerns relative to the proposed rule, in its current iteration, are:
1. Florida Administrative Code Section 40E-2.06l entitled No-Notice General Permit by
Rule grants a general water use permit by rule to each person within SFWMD's
boundaries to use, withdraw, or divert water at a single family dwelling or duplex
including but not limited to home lawn and ornamental inigation, car washing, and other
incidental uses.
2. Any restriction placed on the use of reclaimed water.
3. The necessity to inigate at a greater frequency at certain times of the year to sustain the
health of certain landscaping, given the hydrology of sandy soils and higher temperatures.
4. The potential impact to water quality in the water distribution system.
5. The requirement to submit an irrigation ordinance to SFWMD for review and approval.
The first of these proposed changes (Section 40E-2.061, F.A.C.) issues a general water
use permit by rule to each person in the District that uses water, including private wells and
surface waters. The rule does not require the filing of an application by an individual water user,
nor does it require the SFWMD to notify an individual water user that they are now, as a general
Agenda Item No. 16C5
November 18. 2008
Page 19 of 21
water use permit holder, subject to the conditions of the no-notice permit to comply with Florida
Administrative Code Chapters 40E-21- Water Shortage Plan and 40E-24 - Year-Round
Landscape Irrigation Rule. It also requires, without notice, any person using water or proposing
to use water in a manner that differs from the conditions imposed by Chapter 40E-24, F.A.C. to
apply for a modification of the permit. This proposed rule change preempts the ability oflocal
governments from regulating water use by these new permit holders.
The second issue is the continued insistence to regulate and/or restrict the use of
reclaimed water. The CCWSD has invested heavily in treatment facilities to reclaim wastewater
and in distribution system and appurtenances to convey the irrigation quality water to its
customers. The CCWSD distributes greater than 90 percent of its treated wastewater through its
irrigation quality water system, a wise and beneficial use of a valuable water resource. There is
question as to whether the SFWMD has the specific statutory grant of rulemaking authority to
regulate the distribution and use ofreclaimed water.
The third issue is the acknowledged necessity to irrigate at a greater frequency at certain
times of the year to sustain the health of certain landscaping, given the hydrology of sandy soils
and higher temperatures in Southwest Florida. The Statement of Estimated Regulatory Costs
(SERC) for Mandatory Year-Round Landscape Irrigation Conservation Measures (SFWMD,
October 23,2008), in Section 4.2.3 titled "When Four Days is Three (and Three Days is Two)",
suggests that "...a conforming strategy for any user who, for instance, irrigates in the morning
and finds that his or her landscape is showing unacceptable stress by the afternoon before the
next watering day, would be to add an afternoon irrigation. In essence, the user conducts
additional watering on irrigation days when conditions that might cause this problem seem
likely. Thus, the landscape will only need to have the extractable water for three days, or two, in
order for the landscape to meet its evapotranspiration needs. The availability of this option will
reduce the potential for significant impacts due to inadequate root zone storage to meet ET
needs. "
On July II, 2007, a Memorandum was delivered to SFWMD Governing Board Members
from Chip Merriam, Deputy Executive Director, Water Resources, acknowledging a difference
between other water management district irrigation requirements and those of the SFWMD. The
memorandum states "The SFWMD is allowing three days a week for irrigation due to sandy
soils and higher year-round temperatures in its sub-tropic region." Additionally, the
Memorandum states "The Lower West Coast has used this conservation measure to conserve the
resources for four years. Expansion to the other regions of the District will extend the benefits to
the entire SFWMD geographical area."
The CCWSD is concerned with the SFWMD's intent to restrict landscape irrigation to
two days a week instead of three days a week. In April 2002, the Collier County Board of
County Commissioners promulgated and implemented a Year-Round Irrigation Ordinance,
Ordinance 2002-17, that restricted the use of water from all sources, public and private, with the
exception of reclaimed and supplemented reclaimed water. Ordinance 2002-17 restricted
irrigation usage to three days a week, based on odd/even addresses, and limited the allowable
hours of irrigation to a period of time from 12:01 AM to 8:00 AM. The frequency of irrigation
allowed by Ordinance 2002-17 was based on studies done by the University of Florida Institute
2
Agenda Item No. 16C5
November 18, 2008
Page 20 of 21
of Food and Agricultural Sciences relative to landscape irrigation requirements specific to
Southwest Florida. The implementation and enforcement of Collier County's Ordinance 2002-
17, the use of reclaimed water/supplemented reclaimed water, other water conservation measures
and public outreach and education, have significantly reduced the per capita consumption of
potable water and stabilized raw water source availability.
The proposed rule will allow for irrigation two days a week, based on odd/even
addresses, and prohibits irrigation between the hours of 10:00 AM and 4:00 PM. The proposed
rule allows for irrigation for a period of time totaling 36 hours per week (2 days a week, 18 hours
each day). Collier County's Ordinance 2002-17, allows for irrigation for a period of time
totaling 24 hours per week (3 days a week, 8 hours a day). Ordinance 2002-17 not only reduces
the allowable irrigation time by 33 percent compared to the proposed rule, but it also addresses
the operational needs of the utility.
The fourth issue is a concern over the potential impact on water quality in the water
distribution system. Pipe sizes in a potable water distribution system must be over-sized in order
to meet required peak flows, including fire flows. The required over-sizing to meet peak flows
creates the potential for water quality degradation based on the residency time of the water in the
distribution system. Three days a week irrigation, as allowed by Ordinance 2002-17, spreads out
the demand placed on the system by irrigation, thus addressing the concerns related to the longer
residency time of water in the distribution system and its potential impact to water quality. It is
unclear how much water will be saved by restricting irrigation to two days a week instead of
three, when considering the additional water that will be needed to flush the potable water
system to maintain required potable water quality.
The fifth and final issue is the requirement to submit a Collier County irrigation
ordinance to the SFWMD for review and approval prior to local promulgation. There is question
regarding infringement on the constitutional home rule authority of Collier County that may not
be able to be restricted by administrative rule.
The CCWSD is of the opinion that Collier County's Ordinance 2002-17 meets the intent
of the SFWMD to reduce irrigation demand in that, while allowing three days a week for
irrigation, it is much more restrictive in the total allowable hours for irrigation during a week.
Moreover, SFWMD has not yet provided additional information on the science regarding
whether a two day a week restriction allows for the frequency of irrigation necessary to maintain
landscapes in Southwest Florida; and, in fact, acknowledges in the SERC the necessity to water
more than two times per week, given the hydrology conditions in regions within the SFWMD.
The Collier County Water-Sewer District thanks the South Florida Water Management
District for this opportunity to comment on the draft Year-Round Irrigation Rule. If you have any
questions concerning the suggestions contained herein, please contact Paul Mattausch, Director,
Water Department, Collier County Water-Sewer District. We look forward to continuing to work
with the South Florida Water Management District in protecting water resources in order to
provide a sustainable South Florida.
3
Agenda Item No. 16C5
November 18, 2008
Page 21 of 21
Sincerely Yours;
Tom Henning
Chair, Collier County Board of County Commissioners
Ex-Officio, the Board of the Collier County Water-Sewer District
Attachment
cc: Eric Buermann, Chair, SFWMD Governing Board
Michael Collins, Member, SFWMD Governing Board
Charles J. Dauray, Member, SFWMD Governing Board
Shannon A. Estenoz, Member, SFWMD Governing Board
Paul C. Huck, Jr., Member, SFWMD Governing Board
Melissa L. Meeker, Member, SFWMD Governing Board
Jerry Montgomery, Member, SFWMD Governing Board
Patrick J. Rooney, Jr., Esq., Member, SFWMD Governing Board
Carol WeWe, Executive Director, SFWMD
Chip Merriam, Deputy Executive Director, SFWMD
Thomas Olliff, Assistant Executive Director, SFWMD
James V. Mudd, County Manager
Leo Ochs, Deputy County Manager
Jeffrey Klatzkow, County Attorney
James W. DeLony, Administrator, Public Utilities Division
Paul Mattausch, Director, Water Department
Phil Gramatges, Interim Director, Public Utilities Engineering Department
Edward de la Parte, Jr., Esq., de la Parte and Gilbert, P.A.
Kristin Yerkes, Esq., de la Parte and Gilbert, P.A.
Amy Duffey, Esq., de la Parte and Gilbert, P.A.
4