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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 Page 2 of 8 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 Page 4 of 8 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 Page 5 of 8 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 Page 6 of 8 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