HomeMy WebLinkAbout2001 01 08 Informational A Water Shortage Ordinance Draft
COMMISSION AGENDA
ITEM A
CONSENT
INFORMATIONAL X
PUBLIC HEARING
REGULAR
~
January 8, ~
Meeting
MGR I~EPT J/'Y
Authorization
REQUEST: Utility Department Providing the City Commission with the SJRWMD draft
of a model water shortage ordinance.
PURPOSE: The purpose of this Board item is to provide the City Commission with the St.
Johns River Water Management District's first draft of a water shortage ordinance
they are requesting government entities in the District to adopt.
CONSIDERA TIONS:
It is anticipated that the SJR WMD will issue an Order Declaring A Severe water
Shortage within Lake, Marion, Orange, Seminole, and Volusia Counties at their January
9th meeting. A draft copy of the order is attached. In summary, the order sets a usage
threshold of 85% for public supply utilities, and limits landscape irrigation and personal
vehicle washing to two days per week. The ordinance provides for local implementation
ofthe water shortage plan by providing for enforcement and penalties. Staff and the City
Attorney will be reviewing the SJR WMD draft ordinance for any modifications deemed
appropriate. We anticipate forwarding the ordinance to the City Commission for
consideration the first meeting in February. The SJRWMD's goal is for all local
governments to adopt a water shortage ordinance by March 31 st.
ATfACHMENTS:
1. SJRWMD Draft Ordinance and Severe Water Shortage Order
COMMISSION ACTION:
None required.
A TT ACHMENT NO. 1
ST. JOHNS WATER MANAGEMENT DISTRICT
MODEL WATER SHORTAGE ORDINANCE
ORDINANCE NO.
AND ORDINANCE OF
COUNTY/CITY. FLORIDA; PROVIDING FOR LOCAL
IMPLEMENTATION OF THE WATER SHORTAGE PLAN
OF THE ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT; PROVIDING DEFINITIONS; PROVIDING FOR
APPLICATION OF ORDINANCE; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR
SEVERABILlTYi PROVIDING fOR EMERGENCY
ENACTMENT; AND PROVIDING AN EfFECTIVE DATE.
WHEREAS, a water shortage emergency may be declared from time to time by
the St. Johns River Water Management District affecting
(County/City);
and
WHEREAS. during such water shortage condition the amount of surface and
groundwater supplies may become insufficient to meet current or anticipated demands;
and
WHEREAS. upon the existence of such conditions it becomes imperative to the
public well being that certain uses of water be restricted or curtailed and that available
water resources be allocated: and
WHEREAS. the 51. Johns River Water Management District has primary
responsibility under Chapter 373, Aorida Statutes. for regulating water use and
allocating available water supplies during periods of water shortage: and
WHEREAS, the St. Johns River Water Management District has adopted a
'Water Shortage Plan", codified as Chapter 40C-21, Florida Administrative Code, for the
purpose of allocating and conserving the water resource during periodS of water
shortage and maintaining a uniform approach towards water use restrictions; and
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WHEREAS, the St. Johns River Water Management District has requested the
assistance of (County/City) in the enforcement of the
provisions of the 'Water Shortage Plan"; and
WHEREAS, it is the desire of the Board of County/City Commissioners of
County/City to provide the S1. Johns River Water Management
District with all possible assistance in the enforcement of the provisions of the "Water
Shortage Plan" during a water shortage or water shortage emergency; and
WHEREAS, section 373.609, Florida Statutes, provides that it shall be the duty
of county/municipal governmental and law enforcement officials to assist the St. Johns
River water Management District in the enforcement of Chapter 373, Florida Statutes, an
any rules adopted thereunder, upon request by the St. Johns River Water Management
District.
en J~"""J
(a) "Oistrict" Is the St. Johns RiVer Water Management District.
(b) "Person" is any person, firm, partnership, association, corporation,
company, Of' organization of any kind.
(c) 'Water resource" means any and all water on or beneath the surface of
the ground, including natural or artificial water courses, lakes, ponds, or
diffused surface water, and water percolating, standing, or flowing
beneath the surface of the ground.
(d) 'Water shortage condition" is when sufficient water is not available to
meet present or anticipated needs of persons using the water resource,
or when conditions are such as to require temporary reduction in total
water usage within a particular area to protect the water resource from
serious harm. A water shortage usually occurs due to drought.
(e) 'Water shortage emergency" means that situation when the powers'which
can be exercised under part II of chapter 40C-21, Florida Administrative
Code, are not sufficient to protect the public health, safety, or welfare, or
the health of animals, fish or aquatic life, or a publiQ water supply, or
commercial, industrial, agrioultural, recreational or other reasonable uses.
Section 3. APPLICATION OF ORQINANCE
3.01 The provisions of this ordinance shall apply to all persons using the water
resource within the geographical areas subject to the "water shortage" or "water
$hortage emergency," as determined by the District, whether from public or privately
owned water utility systems, private wells. or private connections with surface water
bodies.
Section 4. AMENDMENTS TO WATER SHORTAGE PLAt<l
4.01 Chapter 40C-21, Florida Administrative Code. as same may be amended
from time to time, is incorporated herein by reference as a part of the
County/City Code.
Section 5. OECLARAnQN OF WATER StjORTAGE: WATER SHORTAGE
EMERGENCY
5.01 The declaration of a water shortage or water shortage emergency within
all or any part of
County/City by the Governing Board or the
Executive Oirector of the District shall invoke the provisions of this Ordinance. Upon
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such declaration all water use restrictions or other measures adopted by the District
applicable to
County/City, or any portion thereof, shan be
subject to enforcement action pursuant to this Ordinance. Any violation of the provisions
of Chapter 4QC.21. Florida Administrative Code, or any order issued pursuant thereto.
shall be a violation of this Ordinance.
Section 6.
~NFORCEMENT
6.01 Every police officer or sheriff having jurisdiction in the area governed by
this Ordinance shall, in connection with all other duties imposed by law. diHgently
enforce the provisions of this Ordinance. In addition, the County/City Administrator may
also delegate enforcement responsibility for this ordinance to agencies and department
of County/City government, or cities in the service areas governed by this Ordinance. in
accordance with state and loca' law.
Section 7.
PENALTIES
7.01 Violation of any provision of this Ordinance shall be subject to the
following penalties:
First violation
Warning
Second violation
$50.00
Subsequent violations
Fine not to exceed $500
and/or imprisonment in the
County jail not to exceed 60
days
Each day in violation of this Ordinance shall constitute a separate offense. In the Initial
stages of a water shortage or water shortage emergency I law enforcement officials may
provide violators with no more than one written warning. The County/City, In addition to
the civil and criminal sanctions contained herein. may take any other appropriate legal
aotion, including but not limited to emergency injunctive action, to enforce the provisions
of this Ordinance.
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Section 8. WATER USERS TO ACCEPT PROVISIONS OF ORDINANCE
8.01 The acceptance of water service shall be in itself the acceptance of the
provisions hereof.
Section 9. ORDINANCES REPEALED
9.01 All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 10. SEVERABILITY
10.01 If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this Ordinance.
Section 11. INCLUSION IN CODe
11.01 It is the intention of the Board of County/City Commissioners that the
provisions of this Ordinance shall become and be made a part of the
County/City Code; and that the sections of this Ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 12. EFFECTIve DATE
12.01 This Ordinance shall be immediately certified by the Clerk of the Board to
the Department of State and shall take effect upon receipt of official acknowledgment to
this office that it has been filed.
PASSED AND DULY ADOPTED by the Board of County/City Commissioners of
County/City, Florida this
day of
.200'.
Prepared by:
St. Johns River Water Management District
Office of General Counsel
Post Office Box 1429
Palatka, Florida 32178
DRAFT
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
InRe:
Declaration ofa Severe
Water Shortage Within
Lake, Marion. Orange,
Seminole and Volusia Counties
I
F.O.R. 2000-62
ORDER DECLARING A SEVERE WATER SHORTAGE WITlllN LAKE,
MARION, ORANGE. SEMINOLE, AND VOLUSIA COUNTIES
The Governing Board of the St. Johns River Warer Management District (District)
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during irs regularly scheduled meeting on , ~ after receiving testimony, /
evidence and recommendations from District staff and being otherwise fully apprised of
the matter, issues this Order containing the following Findings of Fact and Conclusions
of Law.
FINDINGS OF FACT
L A District-wide Water Shortage Warning was issued by the Governing
Board on April 13, 1999, and is currently in effect.
2. There is currently an area within the District that is experiencing
significantly lower water levels as a result of below nonnal rainfall.
3. The area of concern is described as Lake County, Marion County, Orange
County, Seminole County, and Volusia County.
4. As of November 30, 2000, Marion, Orange, Seminole, V olusia and north
Lake Counties have experienced rainfall deficits for the last year from ten (10) inches to
twenty (20) inches below normal. South Lake County has experienced rainfall deficits for
the last year from twenty (20) inches to twenty-six (26) inches below normal.
5. Well levels in Lake, Marion, Seminole, and Volusia Counties have
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declined three (3) to four (4) feet for the past year, while those in southwest Orange
County, we'llleve1s have declined almost nine (9) feet.
6. All lake levels in the area of concern have dropped from three (3) feet to
nine (9) feet with the greatest decline in lake levels occurring in Lake County.
7. Recent long-tenn weather forecasts have indicated that below normal dry
conditions will persist through April of 2001.
8. The rainfall deficits and other conditions indicate that the area of concern
is experiencing a severe drought on the order of a 100 [0 200 year drought frequency.
9. As a result of the above factors, conditions are such that there is a
likelihood insufficient water will be available to meet user demands, to meet the
requirements of the permit system, or to prevent the water resources from e){periencing
serious harm.
CONCLUSIONS OF LAW
11. Pursuant to subsection 373.246(1), Florida Statutes (F.5.), the Governing
Board of the District shall formulate a plan for implementation during periods of water
shortage to regulate the withdrawal and use of water so as to protect the water resources
of the District. Chapter 40C-21, Florida Administrative Code (F.A.C.), is the District's
Water ShOrtage Plan.
12. Pw'suant to subsection 373.246(2), F.S.. and Rule 4OC-21.231. F.A.C.. the
Governing Board of the District may declare a water shortage within all or part of the
District when there is a likelihood that insufficient water will be available to meet user
demands. to meet the requirements of the permit system., or to protect the water resource
from serious hann.
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13. The District has monitored water conditions within the District as required
by Rule 4OC-21.221, F.A.C.
14. Conditions within Lake, Marion, Orange, Seminole, and Volusia counties
are such as to warrant restrictions on water use as set forth below for all water source
classes, including reclaimed water.
15. Pursuant to sections 373.609 and 373.613, F.S., every state and county
attorney, sheriff, police officer, and other appropriate city and county official has the
authority to enforce this order and the provisions of chapter 373, F.S., and chapter 4OC-
21, F.A.C.
ORDER
Based upon the Findings of Fact and Conclusions of Law the Governing Board
orders that:
1. A severe water shortage is declared and Phase II Severe Water Shortage
Restrictions are imposed, in accordance with Section 4OC-21.631, F.A.C., as specifically
modified herein. for all sources of water. including reclaimed water and self-supplied
ground and surface water. in Lake, Marion. Orange, Seminole. and Volusia counties.
2. All water users within Lake, Marion, Orange. Seminole. and Volusia
counties are required to restrict their use of water in the fonowing manner.
3. :~;.:~~~to~riion.th.ly, w~r-'1.'Sehf public supply utilities in La.ke,Marion.
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O~ge" ~~.I1?l~~,llrl(i V olusia counties shall not exceed 85% of each. utilitY' swater 'use'
for th~ s'~~ month ill' the year 2000. This percentage reduction should be achieved
thrO\l~~,im'pIC?IIien~tion of all possible water conservation actions, including b,:st
mana~~me.n.t practices, public education, enforcement, and any other measures that could
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reduce water use. Each permitted water supply utility shall submit its recorded daily
water use data to the District no later than the tenth day of each month for the preceeding
month.
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4. 'ct..llIi~pe irrigationi. restricted toa maJ\imuiri oft,,!o days per. week and ~ ~
shall:~~i~):l&\iigff~~, hours6f4:Oli p.m. and 10:00 a.m. EXisting Iat)d$cape with ~~
6~~r~~~~esare:' ~lowed 'fuim8at,e on. Wednesday. arid: Silttifday~,Existinglandscape V-~V)
W;~-;~i:!~;;i~;; a~areallOWed toinjgaieon ~U~.h.yan4SonclllY' ~h ~
:.itrl$ati'Q.~iv~nfsh6Uld:he iiDUted to'.the applicatl'on of no 'more than %"of water'per. '; ~
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~~~ ~~n/ ~_
S. ~'7.\"i\~""'!""y'bei11i~ate1on_.~YdllY hel":~o~~o~'?f4;op ~
. .\i<if~m.~;~~~:li):oo:itriLduririg the flrsi'30 daysfdnowing ItSinstallation:Whene~er . i' ~ Y
~~~!~~~~;'~~";i~st~tatiQriOfrlew landScape should be postpOned until the 2~1 wat~r ~.
;s~9~~g~1~::n;S4in~.: ': .' -:.
6. Agricultural Use
(a) l~!ll~~.~~ling~cion"
:.:.g~~#}.~_tIDg~tiQP.;:iri~lW;iipg:pq~l.~::ypl~~:~~..~s.~~~;.~~. .
1.
to the~ours::of 4:00.:p;in.'to~'O:OO'3:.m:. .'
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2. Low volQJ1l8 injgatiol):hourSare not'restricted.
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3. Flood an~ .seepageUin'fgatiOli:must'not :msehargebiflwaterfrOm the
pro~y: .
4. All irrigation'systems must be: operated: in a mannerJhat
maximizes the percentage of water held in. the root Z?ne .of the crop
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and minimizes the amount of water that is released or lost to the
user.
5. Users having ~C.~~S$. to more than one source c:l~~,mu"~.t maximize
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the use of. the'lo,.ver qualitY:'Qt:J~ast restricted source class.
(b) .._".s(,lil,~O<Xting
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1. Soil flooding for pest control or soil preservation is
prohibited.
2. Soil flooding to permit harvesting of sod should be
voluntarily reduced.
( c}'<S~~e,P.rotecti~n
Water use for freeze protection is restricted to situations in which
official weather forecasting services predict temperatures likely to
cause permanent damage to crops and when the wet bulb
temperature drips to 340 Fahrenheit or lower.
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(a) Nursery Use
1. Low volume irrigation uses and low volume hand watering
should be voluntarily reduced.
2. Overhead irrigation uses are restricted 8S follows:
a. Inside - 8:00 a.m. to 8:00 p.m. seven days per week.
b. Outside - 7:00 p.m. to 7:00 a.m. on odd numbered days.
3. Flood inigation systems are restricted to 6 days per month.
(b) Golf Course Use
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DRAFT
1. Inigation of greens and tees should be voluntarily reduced
and must be accomplished during non-daylight hours.
2. Irrigation of fairways, roughs, and non-playing areas on the
first nine holes of the course is restricted to the hours of
12:01 a.m. to 8:00 a.m. on Wednesday and Saturday.
3. Irrigation of fairways. roughs, and non-playing areas on the
last nine holes of the course is restricted to the hours of
12:01 a.m. to 8:00 a.m. on Thursday and Sunday.
4. Applications of fertilizers, herbicides, and pesticides should
be coordinated with inigation schedules.
(~},: :'- :;WatcrB.ased ]~~r~on llse
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1. Water based recreation water use should be voluntarily
reduced
2. Draining of facilities into sewers or onto impervious
surfaces is prohibited.
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(a) Outside aesthetic uses of water, including surface water
a.ugmentation. aerating fountains, and others, are prohibited.
(b) Inside aesthetic uses of water should be voluntarily reduced.
9. All surface water augmentation is prohibited except that which is
specifically authorized for irrigation use under a valid consumptive use permit
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10. . J>erSo~aJ vehIcle washing is restricted to the same'tWodaysa week as
landsca.~j,Jri~pt)~and ~~~ be 40ne 'on' a perViotis $uf1'acey.sing ~hand~h~l.~hose
. '. :-:-:. ", ", ~ .' ..' ~"..,. . . -.
~quipped:With:an:fiuto!l1aticshut-off nozzle.
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11. Ot.h~rb~t~i~~:cl~~ing uses 'of wate~ are p'rohibit~d e~~~pttho.$e:"
.:.... .' .: . ,',.. ",.:. .- . . '. . ".""'. ',. ,"..',..,...~.. ..... ."-''''''.
pe';rb~~:~.~~gi6~~~giri~~, ~igh pressUre 'de~ices.
12. All other discretionary uses of water should be reduced to the greatest
extent possible.
13. The Governing Board requests that every city and county CQmrmssion,
state, county, and city attorney, sheriff. police chief. code enforcement. and other
appropriate local governmental official assist in the implementation and enforcement of
this Order.
14.
This Order shall become effective at 12:01 a.m. on
. 200 1.
Done and Ordered this _ day of
. 200 1, at Pal atka. Florida.
ST.I0HNS RIVER WATER
MANAGEMENT DISTRICT
WJLLlAM KERR, CHAIRMAN
GOVERNING BOARD
RENDERED this
day of
, 200 1.
SANDRA BERTRAM
DISTRICf CLERK
12/11100
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