Agenda 07/22/2008 Item #16C 8Agenda Item No. 16C8
July 22, 2008
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve the communication 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 -2 and 40E -20
Authorizing General Use Permit by Rule for Outdoor Irrigation.
OBJECTIVE: To approve the communication 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 -2 and 40E -20 Authorizing General
Use Permit by Rule for Outdoor Irrigation.
CONSIDERATION: The South Florida Water Management District (SFWMD) has
initiated a rule- making process to revise Florida Administrative Code Chapter 40E -2 and
40E -20 and the SFWMD Basis of Review for Water Use Permit Applications ( "General
Permit Rules "). The Collier County Water -Sewer District became aware of the proposed
amendments at the June 11, 2008 SFWMD Governing Board Workshop Meeting. The
first draft of the proposed revisions was issued on June 12, 2008.
The primary concerns relative to the proposed rule, in its current iteration, are:
Z The establishment of a "No- Notice General Permit by Rule" for each person
within the SFWMD to use, withdraw, or divert water at a single family dwelling
for purposes including, but not limited to home lawn and ornamental irrigation,
car washing, and other incidental uses.
The preemption of the ability of local governments from regulating water use by
these new permit holders.
Staff has prepared a letter; attached as an Appendix to this Executive Summary. This
letter will be transmitted to the South Florida Water Management District upon approval
and signature.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item
for legal sufficiency and there are no outstanding legal concerns. JAB
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item.
Agenda Item No. 16C8
July 22, 2008
Page 2 of 6
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 -2 and 40E -20 Authorizing General Use Permit by Rule for Outdoor
Irrigation.
PREPARED BY: Paul E. Mattausch, Director, Collier County Water Department
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Agenda Item No. 16C8
July 22, 2008
Page 3 of 6
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COLLIER COUNTY
i
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C8
Item 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 -2 and 40E -20 Authorizing
General Use Permit by Rule for
Outdoor Irrigation.
Meeting Date:
7122/2008 9'.00'.00 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
7/312008 8:13 AM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
71312008 8:48 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
71312008 6:07 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
7/7/2008 8:03 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
71712008 10:41 AM
Approved By
Randy Greenwald
Management /Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/712008 12:00 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
717/2008 3:19 PM
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Agenda Item No. 16C8
July 22, 2008
Page 4 of 6
July 22, 2008
VIA TELEFACSIMILE (s60 682 -52ii AND U.S. REGULAR MAIL
Jesus Rodriguez
Lead Water Conservation Officer
South Florida Water Management District
Post Office Box 24680
West Collier, FL 33416 -4680
Re: SFWMD Proposed Revisions to Chapters 4oE -2 and 4oE -2o Authorizing General
Use Permit by Rule for Outdoor Irrigation
Dear Mr. Rodriguez:
Please accept this letter as the comments of the Collier County Water -Sewer District,
with respect to the South Florida Water Management District's ( "SFWMD ") proposed
revisions to Florida Administrative Code Chapters 4oE -2, 4oE -20, and the SFWMD
Basis of Review for Water Use Permit Applications ( "General Permit Rules ").
The Collier County Water -Sewer District ( "CCWSD ") irrigation quality (reclaimed
water /supplemented reclaimed water) water service area extends from Audubon
Country Club in the north to Lely Resort in the south through over 155 miles of pipe.
The CCWSD provides irrigation quality water to over 3,500 commercial and residential
customers. The CCWSD produces over 5 billion gallons of reclaimed water (treated
wastewater) per year. The irrigation quality water distribution system delivers an
average of more than 14 million gallons per day ( "MGD ") of reclaimed water to various
golf courses, residential, commercial, and common areas located throughout the
CCWSD service area. Presently, the CCWSD owns and operates two Regional Water
Reclamation Facilities with a combined capacity of 40.1 MGD; the CCWSD consistently
distributes over go% of its wastewater as reclaimed water for irrigation usage. In order
to meet peak demand periods, or in the event of operational deficiencies that may
temporarily reduce the production of reclaimed water, the CCWSD supplements the
reclaimed water stream with water from other permitted sources. In sum, the CCWSD
has as much experience with landscape irrigation through the use of reclaimed
water /supplemented reclaimed water as any utility in the SFWMD.
The CCWSD was first alerted to SFWMD's proposed amendments to the General Permit
Rules at the June 11, 2oo8 SFWMD Governing Board Workshop Meeting. During this
meeting, SFWMD staff sought authorization to initiate rule development to amend the
General Permit Rules to authorize the issuance of permits by rule to implement the
Year -Round Water Conservation Rule contained in Chapter 4oE -24, F.A.C. On June 12,
2oo8, SFWMD issued draft language amending Chapters 4oE -2 and 4oE -2o and
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Agenda Item No. 16C8
July 22, 2008
Page 5 of 6
establishing a "No- Notice General Permit by Rule" for each person within the SFWMD
to use, withdraw, or divert water at single family dwelling for purposes including, but
not limited to home lawn and ornamental irrigation, car washing, and other incidental
uses. Future amendments to the SFWMD Basis of Review for Water Use Permitting are
also being developed.
The CCWSD believes these amendments to the General Permit Rules will have a
deleterious impact on the ability of local governments to impose stricter or different
irrigation requirements on water users. Under Section 373.217, Florida Statutes, local
governments are preempted from regulating the consumptive use of water. Thus, when
SFWMD enacts the General Permit Rules, it will preempt local governments from
regulating water use by these new permit holders.
Given the emphasis SFWMD placed on local government authority in the drafting the
Year -Round Water Conservation Rule, this local government preemption seems
contrary to the intent of SFWMD. For example, in the May 15, 2oo8 draft of the Year -
Round Water Conservation Rule, SFWMD considers local governments that wish to
enforce alternative landscape measures to be in substantial compliance with the rule
upon enactment of an ordinance establishing landscape irrigation measures which
achieve water conservation and which allow no more cumulative days and time for
landscape irrigation than the Year -Round Water Conservation Rule. Therefore, CCWSD
recommends SFWMD include a liberal provision within the General Permit Rules
allowing local government enactment of stricter or different irrigation requirements on
water users.
CCWSD appreciates this opportunity to comment on the General Permit Rules. If you
have any questions concerning the suggestions contained herein, please do not hesitate
to contact me. We look forward to continuing to work with the SFWMD in developing
the proposed General Permit Rules.
Sincerely Yours;
Tom Henning
Chair, Collier County Board of County Commissioners
Ex- Officio, the Board of the Collier County Water -Sewer District
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
Malcolm S. Wade, Jr., Member, SFWMD Governing Board
Carol Wehle, Executive Director, SFWMD
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Agenda Item No. 16C8
July 22, 2008
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Chip Merriam, Deputy 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
G. George Yilmaz, Director, Wastewater Department
Beth Johnssen, Irrigation Quality Manager
Phil Gramatges, Interim Director, Public Utilities Engineering Department
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