Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.051 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as otherwise noted below, all
				terms used herein shall have the same meaning as defined in Rule
				 40D-22.101, F.A.C.
(2) "Agricultural Uses" are water uses
				associated with Agriculture as defined in Rule
				 40D-22.101, F.A.C. This
				specifically includes the irrigation of vegetables, fruits and other plants
				grown for human consumption at a residence or community garden, provided the
				plants are irrigated separately from any lawn or other landscape plant
				material. In order for irrigation of a fruit tree at a residence or community
				garden to be considered an Agricultural Use, the irrigation shall not be
				applied to any lawn or other landscape plant material.
(3) "Commercial and Industrial Uses" are
				water uses integral to the production of goods and services, including power
				generation and cogeneration; phosphate mining and benefication; chemical
				manufacturing; limestone, sand and gravel mining; cement, concrete and other
				aggregate products manufacturing; perishable foods processing and packing;
				restaurants, hotels and other hospitality businesses; retail and wholesale
				establishments; and educational institutions.
(4) "Critical Water Shortage" is the
				alternative name for a Phase IV Water Shortage.
(5) "Drought Indicator" is a quantified
				assessment of the condition of a water supply or resource.
(6) "Drought Condition Level" is the level of
				drought or other water shortage being experienced, based on the status of
				Drought Indicators. There are four levels: Moderate, Severe, Extreme and
				Critical.
(7) "Essential Uses" is
				the classification category for water uses associated with maintaining public
				health, safety, or welfare, including the operation of public water supply
				systems, public waste water systems, sanitation facilities, military
				facilities, power generation facilities, hospitals and other medical
				facilities, medical equipment and fire suppression equipment.
(8) "Extreme Water Shortage" is the
				alternative name for a Phase III Water Shortage.
(9) "High-Use Single Family" means a
				single-family residential potable water customer that uses 15, 000 gallons per
				month or more.
(10) "Indoor Uses"
				are water uses associated with domestic and similar non-domestic needs.
				Domestic needs include drinking, bathing, cooking, cleaning and necessary
				sanitary purposes in a household environment. Similar non-domestic needs
				include drinking, bathing and necessary sanitary activities outside of the
				household environment, such as in customer or employee restrooms.
(11) "Landscape Uses" are water uses related
				to the establishment and maintenance of Turfgrass, trees and other plant
				material. This specifically includes all Lawns and Landscape at homes and other
				residences, commercial or industrial buildings, parks, recreational areas,
				public rights-of-way, medians and other public and private properties. Within
				this classification, the District maintains the subclassifications of
				Cemeteries, Golf Courses, Driving Ranges and Other Athletic Play Areas as
				defined in Rule  40D-22.101, F.A.C., to address
				the unique Turfgrass needs associated with these uses.
(12) "Mobile Equipment" means any public,
				private or commercial automobile, truck, trailer, railroad car, camper, boat,
				tractor, or any other type of similar equipment.
(13) "Moderate Water Shortage" is the
				alternative name for a Phase I Water Shortage.
(14) "Other Uses" are all other water uses
				not specifically included in other Use Classes, including augmentation of
				natural or man-made surface water bodies for aesthetic, recreational or habitat
				value; ornamental ponds, water fountains and other aesthetic water features;
				environmental restoration or enhancement; cooling and air conditioning;
				swimming pools and other water-based non-commercial recreation; cleaning or
				Pressure Washing of structures, driveways, sidewalks and other impervious
				surfaces; and wetting roads and other surfaces for dust control or fire
				suppression when required by federal, state or local standards.
(15) "Permittee" is the holder of a Water Use
				Permit issued pursuant to Chapter 40D-2, F.A.C.
(16) "Phase I Water Shortage" is also
				referred to as "Moderate Water Shortage" and is described in Rule
				 40D-21.621, F.A.C.
(17) "Phase II Water Shortage" is also
				referred to as "Severe Water Shortage" and is described in Rule
				 40D-21.631, F.A.C.
(18) "Phase III Water Shortage" is also
				referred to as "Extreme Water Shortage" and is described in Rule
				 40D-21.641, F.A.C.
(19) "Phase IV Water Shortage" is also
				referred to as "Critical Water Shortage" and is described in Rule
				 40D-21.651, F.A.C.
(20) "Plan" means the plan set forth in this
				Chapter, including restrictions and other required actions as authorized by
				Sections  373.246 and
				 373.175, F.S.
(21) "Pressure Washing" means the use of
				pressurized water for cleaning purposes, by means of equipment accepted by
				industry standards. Industry standards specifically include a self-canceling or
				automatic nozzle, water pressure at a minimum of 1, 000 p.s.i. (pounds per
				square inch) and water volume at a maximum of five (5) gallons per minute.
				Professional-grade equipment operates at a water pressure of at least 2, 900
				p.s.i.
(22) "Public Supply Water
				System" and "public supply water system" for the purpose of this rule means
				either a "community water system" or a "wholesale system" as those terms are
				defined by Rule  62-550.200, F.A.C., whether a
				particular system is managed by a water supply authority, local government
				(municipality, county, or division or enterprise of a municipality or county)
				or nongovernmental entity (such as a development-specific, investor-owned,
				non-profit or special district facility). For the purpose of this rule, an
				entity which submeters a master-metered connection to a public supply water
				system (such as a third party submetering units in an apartment complex) is not
				considered to be a public supply water system.
(23) "Severe Water Shortage" is the
				alternative name for a Phase II Water Shortage.
(24) "Small Water Utility" and "small water
				utility" means a "Public Supply Water System" (defined above) or "Water
				Utility" (defined below) that makes no water withdrawals and receives less than
				100, 000 gallons per day on an annual average basis from another public supply
				utility, or that has a combined annual average daily water demand (withdrawals
				plus imports minus exports) of less than 100, 000 gallons per day and is
				required to have a water use permit pursuant to Rule
				 40D-2.041, F.A.C.
(25) "Source Class" means the specified water
				resource from which a user is obtaining water either directly or indirectly.
				Source Classes within the District are identified in Rule
				 40D-21.531, F.A.C.
(26) "Supplemental Irrigation" is the water
				applied to established plant material to satisfy water needs not met by
				rainfall.
(27) "Use Class" means
				the category describing the purpose for which the user is utilizing water. Use
				Classes within the District are identified in Rule
				 40D-21.541, F.A.C.
(28) "Water Shortage" means a drought or
				other situation within all or part of the District, for which the Governing
				Board has determined that there is insufficient water to meet the present and
				anticipated needs of users, or conditions are such that there is a need to
				require temporary reduction in water use within a particular area to protect
				one or more Source Class or the water resource from serious harm.
(29) "Water Shortage Emergency" means a Water
				Shortage for which a determination has been made that the powers exercised
				under Part II of this Plan are not sufficient to protect the public health,
				safety, or welfare; the health of livestock and other animals, fish or aquatic
				life; or other Essential Uses.
(30)
				"Water Supply Authority" and "water supply authority" for the purpose of this
				rule is the term defined and described in Section
				 373.713, F.S.
(31) "Water Utility" and "water utility" for
				the purpose of this rule means the same thing as "Public Supply Water System"
				(defined above).
(32) "Water
				Utility Uses" are water uses associated with maintaining and operating a public
				water supply system, whether the system is managed by a regional water supply
				authority, local government agency, or private entity. These uses include water
				utility activities such as flushing lines and maintenance of treatment
				processes but do not include water distributed by the system for customer
				use.
(33) "Wholesale-Only System"
				or "wholesale-only system" for the purpose of this rule is a "wholesale system"
				that is not also a "community water system" as those terms are defined by Rule
				 62-550.200, F.A.C. In other
				words, it is a water supply authority or other "wholesale system" which only
				delivers water to another public water supply system.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.175,
					 373.246
					 FS.
New 11-19-84, Amended 7-2-86, 4-9-06,
					 7-5-12.