reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.481 - Remedial and Emergency Measures

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				completion of any inspection provided for by Section
				 373.423, F.S., the Executive
				Director shall determine if any alterations or repairs are necessary in order
				to comply with the provisions of Chapter 373, F.S., or any regulations, permit,
				or order issued thereunder, and order that such alterations or repairs shall be
				made within a time certain, which shall be a reasonable time. The owner of such
				work or works shall be served with the order to make such alterations or
				repairs. The owner of such work or works may file a written petition within
				fourteen (14) days after such order is served for a hearing in accordance with
				Chapter 120, F.S. If, after such order becomes final, the owner of such work or
				works shall fail to make the specified alterations or repairs, the Board shall,
				cause such alterations or repairs to be made or employ other means as necessary
				to protect public safety as authorized by Section
				 373.439, F.S.
(2) In the event that the requirements or
				interests of the District indicate that the alteration, repair, or removal of
				any structure or work installed by the permittee within works of the District
				is necessary, sixty (60) days written notice shall be given to the affected
				permittee. The affected permittee may file a written petition for a hearing
				under provisions of Chapter 120, F.S. Such petition shall be filed no later
				than fourteen (14) days after notice of alteration, repair, or removal is
				served. Should the permittee fail or refuse to alter, repair, or remove the
				structure or work, the costs incident thereto shall be paid by the
				permittee.
(3) Structures or works
				installed by the permittees within works of the District are subject to
				immediate alteration, repair, or removal without sixty (60) days written notice
				or prior hearing if an emergency condition exists and the continued exercise of
				the permit authorization might endanger lives or property. In such emergency
				situations, the District will notify permittees, if practical, of the action
				required. Failure of the permittee to carry out such emergency action when
				notified will be cause for immediate cancellation of the permit (or alteration,
				repair, or removal of structures or works for which the permit was issued). The
				affected permittee shall comply immediately with emergency orders, but, upon
				written petition to the Board, shall be afforded a hearing as soon as possible,
				but in no event later than thirty (30) days from the receipt of such petition
				by the Board.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.418 FS. Law Implemented
					  373.119,
					  373.436,
					  373.439 FS.
New 4-14-80, Formerly 16G-6.48, Amended
					 8-6-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.491 - Unlawful Use (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.085
					 FS.
New 4-14-80, Formerly 16G-6.49, Repealed by Section 3,
					 Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.901 - Forms and Instructions

Current through Reg. 50, No. 138; July 16, 2024
Application for a permit under provisions of this chapter
				  shall be submitted on NWFWMD Form No. 67, which may be obtained from the
				  Northwest Florida Water Management District, 152 Water Management Drive,
				  Havana, FL 32333-9700, (850) 539-5999, which is hereby incorporated by
				  reference. Copies can also be obtained at
http://www.flrules.org/Gateway/Reference.asp?No=Ref-02970
,
				  or the District's website
www.nwfwmd.state.fl.us
.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.418 FS. Law Implemented
					  373.084,
					  373.085,
					  373.413,
					  373.416,
					  373.426 FS.
New 4-14-80, Amended 2-1-82,
					 8-6-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-7 - CONTRACTOR SUSPENSION › Section 40A-7.001 - Policy

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter establishes the policy and
				procedure for suspending a contractor from working with the District, either
				temporarily or permanently, when a contractor materially breaches a contract
				with the District.
(2) The
				District's objective in enacting this chapter is to serve as a good steward of
				taxpayer funds and encourage business practices that require contractors to
				materially perform in accordance with the terms and conditions of the District
				contract.
(3) The District
				Governing Board shall be authorized to temporarily or permanently suspend a
				contractor from doing business with the District, based upon a determination
				that the contractor has materially breached its contract with the District. The
				Governing Board may elect not to take action.
(4) By temporarily or permanently suspending
				a contractor from doing business with the District, the District does not waive
				any other legal or equitable remedies for breach of
				contract.
Rulemaking Authority
					 373.610 FS. Law Implemented
					 373.610
					 FS.
New 8-13-20.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-7 - CONTRACTOR SUSPENSION › Section 40A-7.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this chapter:
(1) "Contractor" means an individual,
				partnership, corporation, joint venture, professional association, an obligor
				to a third party beneficiary contract, or any other legal entity, including any
				associated principals, that has entered into a contract with the District for
				the performance of work. Contractor shall not include recipients of District
				grant funds.
(2) "District" means
				the Northwest Florida Water Management District.
(3) "Notice to Defaulting Contractor" means a
				written notification from the District to a contractor stating that the
				contractor materially breached a contract with the District for the purposes of
				this chapter and is being referred to the Governing Board for a determination
				as to whether the contractor should be placed on the District's Temporary or
				Permanent Suspension List.
(4)
				"Obligor" means an entity that has promised or is otherwise legally obligated
				to perform an act or deed for the benefit of a third party beneficiary.
				Obligors to the District include but are not limited to insurance companies and
				surety companies.
(5)
				"Principal(s)" means a sole proprietor, partner, owner, officer, or director of
				the contractor that materially breached a District contract.
(6) "Re-procurement costs" means the total
				amount of additional expense, which may include administrative costs or
				attorney's fees, that the District has or will incur in order to obtain
				substitute goods or services from another contractor to complete the
				requirements that the defaulting contractor failed to perform in accordance
				with the District contract.
(7)
				"Suspension Notice" means a written notification from the District informing a
				contractor that it has not been suspended from doing business with the District
				or informing a contractor that it has been placed on the District's Suspension
				List and is temporarily or permanently suspended from doing business with the
				District.
(8) "Suspension List"
				means a list of contractors maintained by the District that are temporarily or
				permanently suspended from doing business with the District.
(9) "Third-party beneficiary" means whenever
				the District is the intended beneficiary of a contract but is not a party to
				the contract.
Rulemaking Authority
					 373.610 FS. Law Implemented
					 373.610
					 FS.
New 8-13-20.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-7 - CONTRACTOR SUSPENSION › Section 40A-7.003 - Determination and Notice of a Material Breach of a Contract with the District

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of this chapter, the
				Project Manager or Contract Manager, or subsequently titled position, shall
				determine, in consultation with the District's Executive Director and General
				Counsel, whether a contractor has materially breached a contract with the
				District.
(2) The determination
				that a contractor has materially breached a contract with the District shall be
				based upon a finding that the contractor acted in a manner that was
				inconsistent with the terms and conditions of the contract under circumstances
				not excused by the contract, and the action resulted in or involved one or more
				of the following conditions:
(a) An adverse
				economic impact to the District of greater than $10, 000;
(b) A delay in the completion of a District
				project by more than 3 months;
(c)
				The contractor failing to perform in accordance with professional licensing
				standards and regulations;
(d) The
				contractor intentionally failing to comply with Florida public records
				laws;
(e) The contractor
				discriminating on the basis of race, color, creed, national origin, sex, age,
				or handicap;
(f) The contractor
				violating requirements of a District solicitation to ensure the fair award of
				District contracts, including price fixing between competitors, allocation of
				customers between competitors, and bid rigging;
(g) The contractor demonstrating willful or
				gross misconduct;
(h) The
				commission of a criminal offense, including public entity crimes as defined in
				Section  287.133(1)(g),
				F.S.;
(i) The commission of any act
				indicating a lack of business integrity or honesty; or,
(j) The contractor knowingly doing business
				with a suspended contractor.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-7 - CONTRACTOR SUSPENSION › Section 40A-7.004 - Determination and Notice of a Contractor Suspension

Current through Reg. 50, No. 138; July 16, 2024
(1) Once the District has mailed a Notice to
				Defaulting Contractor to the contractor, the Governing Board shall determine
				whether the contractor should be suspended from doing business with the
				District, and if suspended, the duration of the suspension.
(2) When determining whether a contractor
				should be temporarily suspended from doing business with the District for a
				period of time of 1 year, the Governing Board shall consider whether:
(a) The material breach resulted in an
				adverse economic impact to the District of less than $50, 000;
(b) The material breach resulted in a delay
				in the completion of a District project of less than 1 year;
(c) The contractor failed to perform in
				accordance with professional licensing standards and regulations;
(d) The contractor failed to comply with
				Florida public records laws;
(e)
				The contractor committed a material breach which involved discrimination on the
				basis of race, color, creed, national origin, sex, age, or handicap;
(f) The contractor committed a material
				breach which involved willful or gross misconduct;
(g) The District has terminated any other
				District contracts with the contractor due to the contractor's material breach
				within the past 5 years;
(h) The
				contractor committed a material breach which involved the commission of any act
				indicating a lack of business integrity or honesty;
(i) The contractor committed a material
				breach which involved knowingly doing business with a suspended contractor;
				or
(j) The contractor has
				materially breached a contract with the District on more than one occasion
				within the last 3 calendar years by having financial consequences imposed by
				the District or having forfeited a portion or all of a performance
				bond.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-7 - CONTRACTOR SUSPENSION › Section 40A-7.005 - Administrative Hearings

Current through Reg. 50, No. 138; July 16, 2024
The Suspension Notice shall constitute final agency action
				  subject to the provisions of Chapter 120, F.S.
Rulemaking Authority
					 373.610 FS. Law Implemented
					 373.610
					 FS.
New 8-13-20.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-8 - MINIMUM FLOWS AND MINIMUM WATER LEVELS › Section 40A-8.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter
				establishes minimum flows and minimum water levels for surface waters, and
				minimum water levels for groundwater at specific locations within the Northwest
				Florida Water Management District.
(2) In establishing minimum flows and minimum
				water levels, the Governing Board shall use the best information available to
				establish limits at which further withdrawals would be significantly harmful to
				the water resources or ecology of the area.
(3) Minimum flows and minimum water levels
				prescribed in this chapter are used as a criteria for imposing limitations on
				withdrawals of groundwater and surface water and for reviewing proposed surface
				water management and storage systems and stormwater management
				systems.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.042,
					 373.0421
					 FS.
New 6-12-19.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-8 - MINIMUM FLOWS AND MINIMUM WATER LEVELS › Section 40A-8.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Minimum flow" means the limit at which
				further withdrawals would be significantly harmful to the water resources or
				ecology of the area.
(2) "St. Marks
				River" means the riverine waterbody that originates in eastern Leon County and
				flows south discharging into Apalachee Bay in Wakulla County.
(3) "St. Marks River Near Newport, FL" means
				USGS Station 02326900 located on the St. Marks River in Wakulla
				County.
(4) "St. Marks River Near
				Woodville, FL Estimated Daily Flow" means the best available estimate by the
				District of the daily flow at USGS Station 02326885, District Station 9257, or
				its successor, located on the St. Marks River in Leon County.
(5) "St. Marks River Rise" means the first
				magnitude spring located within Leon County on the St. Marks River at 30
				degrees 16 minutes 34 seconds north latitude and 84 degrees 8 minutes 56
				seconds west longitude.
(6)
				"Average Daily Flow" means the arithmetic average of all discharge data points
				during a calendar day.
(7) "Wakulla
				Spring" means the first magnitude spring located within Wakulla County on the
				Wakulla River at 84 degrees 18 minutes 10.3 seconds north latitude and 30
				degrees 14 minutes 6.7 seconds west longitude.
(8) "Sally Ward Spring" means the second
				magnitude spring located within Wakulla County at 84 degrees 18 minutes 38.9
				seconds north latitude and 30 degrees 14 minutes 29.0 seconds west
				longitude.
(9) "Wakulla Spring
				Daily Flow" means the Average Daily Flow at District Station 749, or its
				successor. This data is incorporated by reference, effective May 18, 2021, and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13085
and upon request from the Northwest Florida Water Management District, 81 Water
				Management Drive, Havana, Florida, 32333.
(10) "Wakulla Spring Average Flow" means the
				average of the Wakulla Spring Daily Flow between October 23, 2004, and December
				31, 2019.
(11) "Sally Ward Spring
				Average Flow" means the average of the manual flow measurements at District
				Station 774, or its successor, from October 23, 2004, through December 31,
				2019. This data is incorporated by reference, effective May 18, 2021, and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13086
and upon request from the Northwest Florida Water Management District, 81 Water
				Management Drive, Havana, Florida, 32333.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.042
					 FS.
New 6-12-19, Amended
					 5-18-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-8 - MINIMUM FLOWS AND MINIMUM WATER LEVELS › Section 40A-8.031 - Minimum Flows for the St. Marks River Rise

Current through Reg. 50, No. 138; July 16, 2024
The Governing Board hereby establishes the following minimum
				  flow. The Governing Board finds that the following minimum flow is the limit at
				  which further withdrawals would be significantly harmful to the water resources
				  or ecology of the area.
The minimum flow for St. Marks River Rise is established as
				  an allowable reduction of 33 cubic feet per second from the baseline period
				  average daily spring flow. The baseline period is October 1, 1956 to November
				  27, 2017. The average daily spring flow is calculated as the difference between
				  the surface water flow measured at St. Marks River Near Newport, FL and the St.
				  Marks River Near Woodville, FL Estimated Daily Flow. The most recent 30-year
				  period of average daily spring flows is used to evaluate whether the minimum
				  flow is met.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.042,
					 373.0421,
					 373.103
					 FS.
New 6-12-19.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-8 - MINIMUM FLOWS AND MINIMUM WATER LEVELS › Section 40A-8.041 - Minimum Flow for Wakulla Spring and Sally Ward Spring

Current through Reg. 50, No. 138; July 16, 2024
The Governing Board hereby establishes the following minimum
				  flow. The Governing Board finds that the following minimum flow is the limit at
				  which further withdrawals would be significantly harmful to the water resources
				  or ecology of the area.
The minimum flow for Wakulla Spring and Sally Ward Spring,
				  combined and undivided, is 539 cubic feet per second and is calculated as the
				  sum of the Wakulla Spring Average Flow and the Sally Ward Spring Average Flow.
				  The minimum flow of 539 cubic feet per second represents an allowable flow
				  reduction of 9.9%, or 59 cubic feet per second, from the baseline period value
				  of 598 cubic feet per second. The baseline period is October 23, 2004, to
				  December 31, 2019.
The District will evaluate the minimum flow for Wakulla
				  Spring and Sally Ward Spring every five years as part of the regional water
				  supply planning process to determine the extent to which the sum of the Wakulla
				  Spring Average Flow and the Sally Ward Spring Average Flow has been reduced due
				  to withdrawals as of the date of each evaluation. Each evaluation will be
				  completed using flows beginning on October 23, 2004, and include a review
				  of:
(a) Flow data;
(b) Water withdrawals;
(c) Aquifer water levels; and
(d) Rainfall data.
Each evaluation is independent from and not a determination
				  of water use permit compliance or environmental resource permit compliance.
				  Permit compliance is a regulatory function that is not within the scope of this
				  subsection.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.042,
					 373.0421,
					 373.103
					 FS.
New 5-18-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part I - GENERAL › Section 40A-21.001 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) The procedures
				  herein comprise the District's Water Shortage Plan mandated by Chapter
				   373.246(1),
				  F.S. The purposes of the plan are to protect the water resources of the
				  District from serious harm; to assure equitable distribution of available water
				  resources among all water users during times of shortage, consistent with the
				  goals of minimizing adverse economic, social and health-related impacts; to
				  provide advance knowledge of the means by which water apportionments and
				  reductions will be made during times of shortage; and to promote greater
				  security for water use permittees.
(2) These procedures apply to all water users
				  in the District, including those exempt from permitting pursuant to Chapter
				  40A-2, F.A.C. However, this plan is not intended to apply to users whose source
				  of water is limited solely to treated effluent or seawater. Thus, for each
				  source, method of extraction or diversion and type of use, it is the policy of
				  the District to restrict water users uniformly, regardless of whether the user
				  utilizes water from a public or private utility system, a private well for
				  domestic or individual home use, or any other type of water supply
				  facility.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.175,
						373.246
						FS.
New 3-29-92.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40A-21.221 - Evaluating Water Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				  District shall monitor the condition of the water resources in the District as
				  provided in Rule  40A-21.401, F.A.C.
(2) Current data shall be compared to
				  historical data to determine whether the estimated present and anticipated
				  available water supply within any source class will be insufficient to meet the
				  estimated present and anticipated demands of the users from the source class,
				  or whether serious harm to the water resources can be expected. Factors that
				  shall be considered in determining whether serious harm to the water resource
				  may occur include:
(a) Potential for increased
				  saltwater intrusion, upconing, or other ground water contamination;
(b) Potential for increases in drawdowns or
				  cone of depressions which may affect nearby users or the resource;
(c) Potential for significant adverse impacts
				  on fish and wildlife, and the ecology of the area; and,
(d) Other factors adversely impacting the
				  water resources.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40A-21.251 - Water Shortage Phases

Current through Reg. 50, No. 138; July 16, 2024
This section establishes four phases of water shortage as a
					 function of the estimated percent reduction in overall water use required to
					 protect the water resources from serious harm or to reduce usage such that
					 established management levels are maintained to the greatest extent
					 possible.
(1) Each source class for
				  which a water shortage has been declared shall be assigned a specific water
				  shortage phase. The water shortage phase selected for a source class shall be
				  based upon:
(a) The estimated percent
				  reduction required in overall water use; and,
(b) For areas with multiple sources, the
				  extent to which users have the capability to obtain water from a source or
				  sources other than the source class for which a water shortage has been
				  declared.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40A-21.271 - Water Use Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board,
				  when appropriate, shall order the specific water use restrictions listed in
				  Part VI for the appropriate water shortage phase for each affected source
				  class. Further, the Board shall order restrictions in addition to those
				  described in Rules  40A-21.621 -.651, F.A.C. These
				  changes shall be specified by use or method of extraction or diversion class
				  within each source class to achieve the desired percent reduction in overall
				  use.
(2) Additional conditions or
				  restrictions which may be considered include:
(a) Provisions that facilitate the right of
				  water users in an area to make voluntary agreements among themselves, with the
				  concurrence of the Board, providing for the mutual reduction, sharing, or
				  rotation of use;
(b) Provisions for
				  the metering and reporting of all water used, diverted, impounded, extracted or
				  withdrawn;
(c) Provisions designed
				  to maintain any management levels or minimum flows and minimum levels,
				  established pursuant to Section
				   373.042, F.S.;
(d) Provisions which recognize the extent to
				  which users can satisfy water demands from sources for which a water shortage
				  has not been declared;
(e)
				  Provisions for monitoring water levels and determining chloride and other
				  contaminant concentrations in order to protect against saltwater intrusion or
				  other deterioration of water quality, including the closing or plugging of
				  wells;
(f) Restrictions on the
				  total amount of water that may be used, diverted, impounded, extracted, or
				  withdrawn during any day, month, or year;
(g) Restrictions on the timing of use,
				  diversion, impoundment, extraction, or withdrawal of water;
(h) Restrictions on pumping rates and
				  schedules or diversion rates and schedules; or,
(i) Such other provisions or restrictions as
				  are necessary to protect the water resources from serious
				  harm.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40A-21.275 - Variances (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						373.244,
						373.246 FS. Law Implemented
						 373.175,
						 373.246 FS.
New 3-29-92, Repealed
						3-27-19.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40A-21.291 - Implementing a Water Shortage Declaration

Current through Reg. 50, No. 138; July 16, 2024
(1) When a water shortage is declared, or if
				  already declared and a different level of restrictions is imposed, the
				  Governing Board shall cause publication of a notice of declaration or
				  restrictions. The notice shall be published at least once in a prominent place
				  in a newspaper of general circulation in the affected areas of the water
				  shortage. In addition, the District shall make reasonable effort to inform the
				  general public of the restrictions in effect and the sources of supply which
				  are affected. Particular attention shall be given to presenting this
				  information in a form which is easily understood and applied by the citizens of
				  the affected areas.
(2) The
				  Governing Board shall cause notification by regular mail of each affected
				  consumptive use permittee within the affected source class of any changes in
				  the conditions of permits within the affected source class, any suspension of
				  permits within the affected source class or any other restriction on uses of
				  water within the affected source class.
(3) The District shall notify local
				  governments in the affected area of any water shortage declaration. In
				  addition, local law enforcement officials shall be notified as soon as possible
				  of any water shortage declaration or change of restrictions in effect within
				  their areas of jurisdiction.
(4) An
				  order declaring a water shortage or imposing more severe restrictions shall
				  become effective seven days after any notice required in subsection (1) is
				  published. An order declaring a water shortage shall remain in effect until
				  rescinded by the Board.
(5) A
				  declaration of water shortage and any provision or restriction adopted pursuant
				  thereto under the water shortage plan may be rescinded by the Executive
				  Director if the order rendering the Governing Board's declaration of water
				  shortage specifically delegates to the Executive Director the authority to
				  rescind the existing water shortage restrictions.
(6) All decisions of the Executive Director
				  made pursuant to this subsection shall be by order and subject to ratification
				  by the Board at the next scheduled Board meeting.
(7) A declaration of water shortage and any
				  provision or restriction adopted pursuant thereto under the water shortage plan
				  may be rescinded by the Board.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.175,
						373.246
						FS.
New 3-29-92, Amended
						3-27-19.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part III - EMERGENCY PROVISIONS › Section 40A-21.331 - Declaring a Water Shortage Emergency

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  The District shall monitor the condition of the water resources of the District
				  and the needs of the users as provided in Rule
				   40A-21.401, F.A.C., to determine
				  whether a water shortage emergency exists. A water shortage emergency can occur
				  under two situations: first, when specific users rather than classes of users
				  must be restricted and second, when the emergency occurs so abruptly that
				  immediate action is needed to restrict classes of users.
(2) Current data shall be evaluated to
				  determine whether the present or anticipated water use demand of any user or
				  class of users and the estimated present and anticipated available water supply
				  will be insufficient for the protection of the public health, safety or
				  welfare, or the health of animals, fish or aquatic life, a public water supply,
				  or the minimum needs of commercial, industrial, agricultural, or other
				  reasonable-beneficial uses.
(a) The present
				  and anticipated available water supply shall be estimated. Factors that shall
				  be considered include:
1. Those factors listed
				  in Rule  40A-21.221, F.A.C.;
2. The ability to obtain water from other
				  users;
3. The ability to obtain
				  water from another source class; and
4. Other factors affecting the present and
				  anticipated available water supply of a user.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part III - EMERGENCY PROVISIONS › Section 40A-21.371 - Water Use Restrictions in a Water Shortage Emergency

Current through Reg. 50, No. 138; July 16, 2024
(1) When a water shortage emergency is
				  declared and the Executive Director, with the concurrence of the Governing
				  Board, issues orders imposing restrictions deemed necessary to meet the
				  emergency, such restrictions may include: apportioning, rotating, limiting, or
				  prohibiting the use of the water resources of the District.
(2) A water shortage emergency declaration
				  shall identify all restrictions deemed necessary to meet the emergency. All
				  users to whom an emergency order is directed will comply immediately, but may
				  petition the Board for a hearing as set forth in Section
				   373.119, F.S.
(3) All restrictions ordered pursuant to the
				  declaration of a water shortage emergency shall be in addition to, and enforced
				  in combination with, any and all restrictions imposed under a water shortage
				  declaration, unless specifically stated otherwise within the orders.
(4) All restrictions ordered pursuant to the
				  declaration of a water shortage emergency by the Executive Director, as
				  provided in Section  40A-21.331(3),
				  F.A.C., will be subject to ratification, modification or elimination by the
				  Board at its next scheduled meeting.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.119,
						373.175,
						373.246
						FS.
New 3-29-92.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part III - EMERGENCY PROVISIONS › Section 40A-21.391 - Implementing a Water Shortage Emergency Declaration

Current through Reg. 50, No. 138; July 16, 2024
(1) When a water shortage emergency is
				  declared or if already declared and more severe restrictions are imposed, the
				  District shall make reasonable effort to inform all users to whom an emergency
				  order is directed of the existence of such order, and all associated
				  restrictions, by the best, practicable means available under the circumstances.
				  Particular attention shall be given to presenting this information in a form
				  which is easily understood and applied by the citizens of the affected
				  areas.
(2) The District shall make
				  reasonable effort to notify each affected user of any change in the condition
				  of his use, any suspension of his use, or any other restriction on his use by
				  any means reasonable under the circumstances. When the Board concurs in and
				  ratifies the Executive Director's action, affected permittees shall be notified
				  as provided in subsection
				   40A-21.291(2),
				  F.A.C.
(3) The District shall
				  notify local government officials of any water shortage emergency declaration.
				  Notice shall be by the best, practicable means under the circumstances. In
				  addition, local law enforcement officials shall be notified as soon as possible
				  of any water shortage emergency declaration or change of restrictions affecting
				  their areas of jurisdiction.
(4)
				  The declaration of a water shortage emergency and any measures adopted pursuant
				  thereto may be modified or rescinded by the Executive Director, with the
				  concurrence of the Governing Board, and later ratified, modified, or rescinded,
				  by the Board at its next scheduled meeting or at any following
				  meeting.
(5) An order declaring a
				  water shortage emergency and any measures adopted pursuant thereto shall become
				  effective upon issuance, unless otherwise specified in the order. An order
				  declaring a water shortage emergency and any measures adopted pursuant thereto
				  shall remain in effect until modified or rescinded pursuant to subsection
				  (4).
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.175,
						373.246
						FS.
New 3-29-92.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part IV - MONITORING AND ENFORCEMENT › Section 40A-21.401 - Monitoring

Current through Reg. 50, No. 138; July 16, 2024
(1) This section applies to the collection
				  and analysis of data which the District may undertake in anticipation of and
				  during a declared water shortage or water shortage emergency. Data obtained
				  from monitoring efforts may be used to determine:
(a) Whether a water shortage warning should
				  be issued;
(b) Whether an area
				  should be designated a Water Use Caution Area;
(c) Whether a water shortage should be
				  declared;
(d) Whether a water
				  shortage emergency should be declared;
(e) Whether existing restrictions are needed
				  or are sufficient to protect the water resources and users within the affected
				  area, in light of existing and anticipated climatological and hydrologic
				  conditions;
(f) Whether the
				  restrictions in effect require additional enforcement efforts; or,
(g) Whether the restrictions in effect may be
				  rescinded.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part IV - MONITORING AND ENFORCEMENT › Section 40A-21.421 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the policy of the District to seek
				  the cooperation and assistance of the state, county and municipal governmental
				  officials, and law enforcement officials in the enforcement of the water
				  shortage plan or water shortage emergency or any water shortage order issued
				  pursuant thereto. Counties and municipalities within the jurisdiction of the
				  District are encouraged to adopt ordinances which provide for local enforcement
				  of the provisions of this plan, or any order adopted pursuant thereto. It shall
				  be the policy of the District to encourage local law enforcement officials to
				  provide violators of the water use restrictions with no more than one written
				  warning during the initial phases of a water shortage or water shortage
				  emergency.
(2) In enforcing the
				  provisions of any water shortage order issued pursuant to this plan, the
				  District may utilize any of the enforcement remedies available pursuant to
				  Chapter 120 or 373, F.S.
(3)
				  Enforcement action may be initiated by the Executive Director or his Designee
				  pursuant to Section  373.603, F.S., against an
				  individual violator or class of violators or all of the violators of a
				  particular water shortage order issued pursuant to this plan.
(4) The Executive Director or his Designee
				  may assign District personnel for the purpose of initiating enforcement action,
				  pursuant to Section  373.603, F.S., against an
				  individual violator or class of violators of any water shortage rule or order
				  issued pursuant to this plan.
(5)
				  In the event that a water shortage or water shortage emergency has been
				  declared and the provisions of this plan have been invoked, the Executive
				  Director, with the concurrence of the Governing Board, may thereafter take
				  appropriate emergency action pursuant to Sections
				   373.175(4),
				   373.246(7)  and
				   120.69, F.S., or Rule
				   40A-1.209, F.A.C., to enforce
				  the provisions of this plan or any order issued pursuant thereto, or alleviate
				  any emergency conditions which might thereafter occur. Such action shall be
				  ratified, modified, or rescinded by the Board at its next scheduled
				  meeting.
Rulemaking Authority
						373.044,
						373.113,
						373.246,
						373.603,
						373.609 FS. Law Implemented
						 373.175,
						 373.246 FS.
New 3-29-92, Amended
						3-27-19.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part V - THE CLASSIFICATION SYSTEM › Section 40A-21.511 - Classification System

Current through Reg. 50, No. 138; July 16, 2024
Unless the emergency provisions of this plan are invoked,
					 water users are regulated by class under the provisions of this water shortage
					 plan. This section establishes the Classification System which provides the
					 basis for distinguishing among different user classes. Under the system, each
					 water user is classified according to source, use, and method of extraction or
					 diversion.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.175,
						373.246
						FS.
New 3-29-92.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part V - THE CLASSIFICATION SYSTEM › Section 40A-21.531 - Source Classes

Current through Reg. 50, No. 138; July 16, 2024
(1) Each user may
				  be classified according to ground or surface sources of water as described in
				  Rule  40A-2.501, F.A.C.
(2) Those users who are required to obtain a
				  Consumptive Use Permit under the provisions of Chapter 40A-2, F.A.C., will be
				  assigned a source classification at the time the permit is
				  issued.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.175,
						373.246
						FS.
New 3-29-92.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part V - THE CLASSIFICATION SYSTEM › Section 40A-21.571 - Method of Extraction or Diversion Classes

Current through Reg. 50, No. 138; July 16, 2024
Each water user shall be identified by one or more of the
					 following methods of extraction or withdrawal classes.
(1) Surface Waters:
(a) Pump,
(b) Gravity flow,
(c) Siphon.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part VI - SPECIFIC RESTRICTIONS › Section 40A-21.601 - Specific Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				  declaration of a water shortage or water shortage emergency, the use of water
				  in a manner inconsistent with the restrictions specified in this plan, shall be
				  prohibited. It shall be the duty of each water user to stay informed as to the
				  phase of water shortage and the applicable restrictions for the phase.
				  Violation of the restrictions specified in this plan is subject to enforcement
				  action pursuant to Section
				   373.603, F.S., and Rule
				   40A-21.421, F.A.C. The specific
				  restrictions specified in this plan are presented in Sections
				   21.621,
				   21.631,
				   21.641 and
				   21.651, F.S.
(2) Water users, when possible, shall
				  maximize the use of water of the lowest acceptable water quality available,
				  which includes the reuse of reclaimed water.
(3) Water users having access to more than
				  one source class shall maximize the use of the lesser or least restricted
				  source class and the lowest acceptable water quality of that source
				  class.
(4) The use of reclaimed
				  water is not restricted for all legitimate reuse activities. Irrigation sites
				  using reclaimed water must include signs designed and located to inform the
				  general public and District personnel of such use. When determined necessary
				  and appropriate by the Governing Board, the District may require signs be
				  posted identifying the use of reclaimed water for other uses.
(5) The use of recycled water from a holding
				  pond(s) is allowed anytime provided the ponds are not augmented from wells or
				  surface water sources.
(6) In
				  addition to the restrictions specified in this plan, wasteful and unnecessary
				  water use is prohibited regardless of the phase of water shortage. Such
				  wasteful and unnecessary water use shall include, but not be limited to:
(a) Allowing water to be dispersed without
				  any practical purpose to the water user, regardless of the type of water
				  use;
(b) Allowing water to be
				  dispersed in a grossly inefficient manner, regardless of the type of water
				  use;
(c) Allowing water to be
				  dispersed to accomplish a purpose for which water use is unnecessary or which
				  can be readily accomplished through alternative methods of significantly less
				  water use.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part VI - SPECIFIC RESTRICTIONS › Section 40A-21.621 - Phase I: Moderate Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
A Phase I Water Shortage refers to a moderate shortage,
					 whereby a reduction in overall user demand of up to 15 percent is necessary to
					 achieve adequate protection of the water resource, and of the public health,
					 safety, and welfare. In addition to the following restrictions, the Governing
					 Board in consultation with District staff, shall when necessary, implement
					 other restrictions to achieve the required percent reduction in overall
					 demand.
(1) Aesthetic Use (Fountains,
				  Pond Water Level Maintenance, etc.).
(a)
				  Outside use of water for aesthetic purposes is prohibited.
(b) Voluntary reduction in the inside use of
				  water for aesthetic purposes is encouraged.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part VI - SPECIFIC RESTRICTIONS › Section 40A-21.631 - Phase II: Severe Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
A Phase II Water Shortage refers to a severe shortage,
					 whereby a reduction in overall user demand of up to 30 percent is necessary to
					 achieve adequate protection of the water resource, and of the public health,
					 safety and welfare. In addition to the following restrictions, the Governing
					 Board in consultation with District staff, shall when necessary, implement
					 other restrictions to achieve the required percent reduction in overall
					 demand.
(1) Aesthetic Use (Fountains,
				  Pond Water Level Maintenance, etc.).
(a)
				  Outside use of water for aesthetic purposes is prohibited.
(b) Voluntary reduction in the inside use of
				  water for aesthetic purposes is encouraged.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part VI - SPECIFIC RESTRICTIONS › Section 40A-21.641 - Phase III: Extreme Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
A Phase III Water Shortage refers to an extreme shortage,
					 whereby a reduction in overall user demand of up to 45 percent is necessary to
					 achieve adequate protection of the water resource, and of the public health,
					 safety, and welfare. In addition to the following restrictions, the Governing
					 Board in consultation with District staff, shall when necessary, implement
					 other restrictions to achieve the required percent reduction in overall
					 demand.
(1) Aesthetic Use (i.e.,
				  Fountains, Pond Water Level Maintenance).
(a)
				  Outside use of water for aesthetic purposes is prohibited.
(b) Inside use of water for aesthetic
				  purposes is prohibited.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-21 - WATER SHORTAGE PLAN › Part VI - SPECIFIC RESTRICTIONS › Section 40A-21.651 - Phase IV: Critical Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
A Phase IV Water Shortage refers to a critical shortage,
					 whereby a reduction in overall user demand of up to 60 percent is necessary to
					 achieve adequate protection of the water resource, and of the public health,
					 safety, and welfare. In addition to the following restrictions, the Governing
					 Board in consultation with District staff, shall when necessary, implement
					 other restrictions to achieve the required percent reduction in overall
					 demand.
(1) Aesthetic Use (Fountains,
				  Pond Water Level Maintenance, etc.).
(a)
				  Outside use of water for aesthetic purposes is prohibited.
(b) Inside use of water for aesthetic
				  purposes is prohibited.