Agenda 09/23/2008 Item #16C 4Item # 16C4
September 23, 2008
Page 1 of 8
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 Chapter 40E -24 ("Year -Round Irrigation Rule ").
OBJECTIVE: 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 Chapter 40E -24 ( "Year -Round Irrigation Rule ").
CONSIDERATION: The South Florida Water Management District (SFWMD) has initiated a
rule - making process to revise Florida Administrative Code Chapter 40E -24 ( "Year -Round
Irrigation Rule "). The Public Utilities Division has been actively involved in the rule- making
process, and staff has attended several rule- making workshops, providing comment relative to
concerns of the Public Utilities Division.
The primary concerns relative to the proposed rule, in its current iteration, are:
The proposed two (2) days a week landscape irrigation versus the current three (3) days a week
landscape irrigation allowed by Collier County Ordinance 2002 -17, the "Collier County
Irrigation Ordinance," raises the following concerns:
➢ The potential impact to water quality in the water distribution system.
➢ 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.
A letter has been prepared by staff which addresses the concerns of the Public Utilities Division;
the letter is attached as Appendix A to this Executive Summary. The letter will be transmitted to
the South Florida Water Management District upon approval and signature. Also attached, as
Appendix B, is a Memorandum from Chip Merriam, Deputy Executive Director, Water
Resources, SFWMD, to the Governing Board Members of the SFWMD, acknowledging the
irrigation needs relative to the hydrology of the sub - tropic regions in the SFWMD.
LEGAL CONSIDERATIONS: The County Attomey's Office has reviewed this item for legal
sufficiency and there are no outstanding legal concerns. In order for the letter to be timely
considered at the next public meeting of the SFWMD Governing Board the letter must be
considered at the 9/23/08 meeting of the Board of County Commissioners and, if approved,
transmitted immediately thereafter. - JAB
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.
Item # 16C4
September 23, 2008
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GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
RECOMMENDATION: That the Board of County Commissioners, Ex- Officio, the Governing
Board of the Collier County Water -Sewer District, 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 Chapter 40E -24 ( "Year -Round Irrigation Rule').
PREPARED BY: Paul E. Mattausch, Director, Collier County Water Department
Item # 16C4
September 23, 2008
Page 3 of 8
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 Chapter
40E -24 ( & #8220;Year -Round Irrigation Rule& #8221;).
Prepared By:
Department Date
Public Utilities 9/12/2008 11:27:50 AM
Approved By:
Department Approval
County Attorney Approved
Date
9/16/2008 1:44 PM
Approved By:
Department Approval Date
Office of
Management Approved 9/16/2008 2:33 PM
and Budget
Approved By
Department Approval Date
County Approved 9/16/2008 3:27 PM
Manager's Office
ATTACHMENTS:
Name: Description:
D SFWMO Propgs gd_ Y @ar Round Irrigation _Rule doc Executive Summary
D CCWSD Comment Letter Year Round Rum d2c Comment Letter
D Merriam Memo to SFWMD GB District July 11 2007.odf Memo to SFWMD
Type:
Executive
Summary
Backup Material
Backup Material
Item # 16C4
September 23, 2008
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September 23, 2008
VIA TELEFACSIMILE (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, with respect to the proposed revisions to Florida Administrative Code
Chapter 40E -24 ( "Year -Round Irrigation Rule ") by the South Florida Water
Management District.
While the CCWSD strongly supports SFWMD's efforts to conserve water
resources, there remains a problem with the proposed rule which must be
addressed. While the CCWSD has for years supported the district -wide expansion of
a Year -Round Irrigation Rule and recognizes SFWMD's efforts to develop a
mutually acceptable Year -Round Irrigation Rule, the CCWSD believes that there
remains a problem with the proposed rule regarding a two -day a week restriction on
all landscape irrigation,
The CCWSD is concerned with 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 implemented a
Year -Round Irrigation Ordinance 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
12:01 AM to 8:00 AM. 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 the Collier County
Year -Round Irrigation Ordinance, the use of reclaimed water /supplemented
Item # 16C4
September 23, 2008
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reclaimed water, and other water conservation measures 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 of time totaling 36
hours per week (2 days a week, 1S hours each day). The Collier County Year -Round
Irrigation Ordinance allows for irrigation for a period of time totaling 24 hours per
week (3 days a week, S hours a day). The Collier County Year -Round Irrigation
Ordinance not only reduces the allowable irrigation time by 33% compared to the
proposed rule, but it also addresses the operational needs of the utility.
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 the Collier County Year -Round Irrigation Ordinance, while reducing
the allowable weekly irrigation time by 33% from the proposed rule, spreads out the
demand placed on the system by irrigation, thus addressing the concerns related to
the long residency time of water in the distribution system and its impact to water
quality. It is unclear how much water will be saved by restricting irrigation to two
(2) days a week instead of three (3) days a week upon consideration of the additional
water that will be needed to flush the potable water system to maintain required
potable water quality.
The CCWSD is of the opinion that the Collier County Year -Round Irrigation
Ordinance meets the intent of the SFWMD to reduce irrigation demand, and, while
the Ordinance allows three days a week for irrigation, 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 (2) day a
week restriction allows for the frequency of irrigation necessary to maintain
landscapes in southwest Florida.
On July 11, 2007, a Memorandum was delivered to 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 South Florida Water Management District. 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." [copy of Memorandum attached]
2
Item # 16C4
September 23, 2008
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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 suggestion 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.
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 Wehle, Executive Director, SFWMD
Chip Merriam, Deputy Executive Director, SFWMD
Thomas 011iff, Assistant Executive Director, SFWMD
James V. Mudd, County Manager
Leo Ochs, Deputy County Manager
James W. DeLony, Administrator, Public Utilities Division
Paul Mattausch, Director, Water Department
Phil Gramatges, Interim Director, Public Utilities Engineering Department
MEMORANDUM
TO: Governing Board Members
FROM: Chip Merriam, Deputy Executive Director, Water Resources
DATE: July 11, 2007
SUBJECT: Authorize publication of a Notice of Rulemaking in the Florida
Administrative Weekly and adopt amendments to Chapter 40E -24, F.A.C.,
subject to no request for public hearing being received within 21 days of
publication, to amend the mandatory year -round landscape irrigation
measures for Lee, Collier and Charlotte counties and to implement the
rules District -wide.
Background: The Governing Board requested expedited rulernaking to expand the
existing Chapter 40E -24, F.A.C., to encompass the boundaries of the South Florida
Water Management District. The mandatory measures are intended to provide a
framework for consistent implementation to ensure the long -term sustainability of the
water resources of the District's region, increase water use efficiency, and prevent and
curtail wasteful water use practices through regulatory means for landscape irrigation.
The District conducted five public workshops as well as accepted written comments on
the draft rule amendments. A summary of the comments received are attached. A
majority of the comments supported the amendments. Some changes were made to
the proposed draft rule text to address comments such as irrigation systems which
irrigate both even and odd addresses within the same zones, and local governments
with a jurisdiction divided between two water management districts. One comment
questioned the need to conserve water while water is being discharged to tide. Two
public utilities expressed the need for technical justification for these amendments and
relief from the rule for utilities that exceed their AWS offset requirements.
How this helps meet the District's 10 -Year Strategic Plan: The water supply
program's strategic plan goal is to ensure an adequate supply of water, and to sustain
water resources for future generations. Reducing unnecessary and wasteful use of
water helps to advance this goal.
Funding Source: No funding from the District is needed.
This Board item impacts what areas of the District, both resource areas and
geography: This item has District -wide benefits. The Lower West Coast has used this
conservation measure to conserve the resource for four years. Expansion to the other
regions of the District will extend the benefits to the entire SFWMD geographic area.
The additional rule amendments will have no impact.
What concerns could this Board item raise? St. Johns River and Southwest Florida
water management districts have rules that allow irrigation two days a week, when
drought restrictions are not in effect. The SFWMD is allowing three days a week for
irrigation due to sandy soils and higher year -round temperatures in its sub - tropic region.
Why should the Governing Board approve this item? In the short term, it will allow
the seamless transition from current restrictions to year -round conservation; in the long
term it will increase water use efficiency, and prevent and curtail wasteful water use
practices. As a result of the ongoing drought, a number of local governments have
expressed interest in or have initiated development of their own local ordinances on
landscape irrigation. Adoption of the rule sets District -wide standards while providing a
framework for development of local government ordinances.
Staff Contact: Keith Smith, Deputy Director, Water Supply Department
Phone (561) 682 -6620