HomeMy WebLinkAbout2001 02 12 Public Hearings B First Reading - Ordinance 2001-11 Water Restrictions
COMMISSION AGENDA
ITEM B
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
February 12,2001
Meeting
MGl{~,,~EPT //1---
Authorization
REQUEST: Utility Department Requesting the City Commission Hold a First Reading for
Ordinance #2001-11 relating to Water Shortages.
PURPOSE: The purpose of this Board item is for the City Commission to hold a First Reading for a
Water Shortage Ordinance, #2001-11, which provides for local enforcement of water
restrictions,
CONSIDERA TIONS:
This ordinance is needed to provide for local enforcement of the water restrictions
implemented on January 15,2001 by the St. Johns River Water Management District. It
exceeds SJRWMD restrictions by the fact that residential reclaimed water usage is proposed to
be included in the ordinance. The reclaimed water irrigation by the golf courses and parks is
excluded although both the golf courses and our Parks Director have indicated that they will
work to voluntary comply with the restrictions for rough areas, practice fields, passive areas,
and other non-play areas. The irrigation restrictions issued by the SJRWMD order declaring a
severe water shortage within Seminole County are included in the attached order.
Staff is recommending the inclusion of reclaimed water for the following reasons:
· Reclaimed water should also be considered a resource
· Reclaimed demand exceeded supply 19 times in 2000 (ran out)
· Un~formity of enforcement
Public Hearing Agenda Item B
February 12,2001
Page 2
· If we utilize the well on the golf course to augment the reclaimed water
supply, the SJRWMD requires reclaimed water irrigation to also follow the
restrictions. In 2000, we augmented with 81 million gallons from the well.
Police and Code Enforcement will conduct enforcement of the restrictions, The
ordinance will be distributed by the City Attorney by Friday, February 9th.
FUNDING:
No funding is needed at this time. It is anticipated that any revenues collected from
fines would go to the General fund to cover enforcement costs.
RECOMMENDATION:
It is recommended that the City Commission hold the First Reading of
Ordinance #2001-11 relating to enforcement of the SJR WMD Water Shortage Plan
with the addition of residential reclaimed water.
lMPLEMENTATION:
The ordinance will be forwarded for second hearing if so moved,
ATTACHMENTS:
1. Ordinance #2001-11 (From City Attorney by Friday, February 9th)
2. SJRWMD Severe Water Shortage Order
COMMISSION ACTION:
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A TT ACHMENT NO. 2
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
In Re:
Declaration of a Severe
Water Shortage Within
Lake, Marion, Orange, Polk
Seminole and Volusia Counties
F.O.R.2000-62
I
ORDER DECLARING A SEVERE WATER SHORTAGE WITHIN LAKE,
MARION, ORANGE, POLK, SEMINOLE, AND VOLUSIA COUNTIES
The Governing Board of the S1. Johns River Water Management District
(District) during its regularly scheduled meeting Cln~"~o..-i"'0 \0, 2001, 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
1. A District-wide Water Shortage Warning was issued by the Governing
Board on Apri/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 normal rainfall.
3. The area of concern is described as Lake County, Marion County,
Orange County, Polk County, Seminole County, and Vol usia County.
4. The City of Cocoa public water supply utility system receives a significant
portion of its water from wellfields located wholly within Orange County.
5, The City of Titusville public supply utility obtains a significant portion of its
water from the City of Cocoa public supply utility.
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6. As of November 30, 2000, Marion, Orange, Polk, Seminole, Volusia and
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.
7. Groundwater levels in Lake, Marion, Polk, Seminole, and Volusia
counties have declined three (3) to four (4) feet for the past year, while groundwater
levels in southwest Orange County have declined almost nine (9) feet.
8. 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.
9. Recent long-term weather forecasts have indicated that below normal
precipitation will persist through April of 2001.
10. The rainfall deficits and other COflditions indicate that the area of concern
is experiencing a severe drought on the order of a 100 to 200 year drought frequency.
11. As a result of the above factors, conditions are such that there is a
likelihood that insufficient water will be available to meet user demands and a reduction'
in total water use within the area is necessary to protect wa1er resources from serious
harm.
CONCLUSIONS OF LAW
12. Pursuant to subsection 373.246(1), Florida Statutes (F.S.), 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.
2
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13. Pursuant to subsection 373.246(2), F.S., and Rule 40C-21.231, F.A.C.,
the Governing Board of the District may declare a water shortage within aJl or part of the
District when there is a likelihood that insufficient water will be available to meet user
demands and a reduction in total water use within the area is necessary to protect
water resources from serious harm.
14. The District has monitored water conditions within the District as required
by Rule 40C-21.221, F.A.C.
15. Conditions within Lake, Marion, Orange, Polk. Seminole, and Volusia
counties are such as to warrant restrictions on water use as set forth below for all water
source classes, except reclaimed water.
16. 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.
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 40C-21.631, F.A.C., as
specifically modified herein, for all sources of water, with the exception of reclaimed
waterj in Lake, Marron, Orange, Polk, Seminole, and Volusia counties. These
restrictions apply to all uses of ground or surface water in these counties, regardless of
whether the water comes from a private surface water withdrawal, a private well or a
privately owned or publicly owned water utility. Additionaly, these restrictions apply to
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those water users, with tile exception of reclaimed water users, within Brevard County,
served by the City of Cocoa public water supply system or by the City of Titusville public
water supply system.
2. All water users within the St. Johns River Water Managem~nt District
portion of Polk County are required to restrict their use of water in accordance with the
water use restrictions currently in effect for the Southwest Florida Water Management
District. All other restrictions as set forth in paragraphs 3 through 11 below shall apply
only to Lake, Marion, Orange, Seminole, and Volusia counties and to those water users
in Brevard County served by the City of Cocoa public water supply system or by the
City of Titusville public water supply system and shall not apply to Polk County.
3. Each publicly-owned and privately-owned water utility shall implement
measures available to the utility to reduce water use by its customers. Each utility shall
strive to reduce monthly water use (i.e., raw groundwater or surface water withdrawals)
by at least 15% from the same month in the year 2000. Specific actions shall be
implemented by each utility and may include, but are not limited to, the following:
educating the public and other customers on the water shortage restrictions contained
in this order; enforcing the water shortage restrictions contained in this order; assisting
customers in resetting irrigation timers to comply with the irrigation restrictions in this
order; and reducing water pressure at the point of use when operationally feasible and
consistent with public health standards. For water use starting February 1, 2001, each
permitted wate~ supply utility shall submit its recorded daily water use data, tabulated
monthly, to the District no later than the tenth day of each month for the preceding
month. Each monthly submittal shall reference Water Shortage Order F.O.R. 2000-62
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and be mailed directly to the SJRWMD Orlando Service Center, Permit Data SeNices,
618 East South Street, Orlando, FL 32801.
4. Landscape Irrigation
(a) Landscape irrigation is restricted to a maximum of two days per week
and shall not occur between the hours of 10:00 a.m. and 4:00 p.m,.lrrigation of existing
landscape with odd addresses is only allowed on Wednesday and Saturday. Irrigation
of existing landscape with even addresses or no address is only allowed on Thursday
and Sunday. Irrigation on these designated days shall only occur when actually needed
because of a lack of rainfall, and shall be limited to the application of no more than 3/4"
of water in the irrigated area.
(b) Low-volume irrigation is permitted anytime with a hand-held garden hose
provided it is fitted with an automatic shutoff nO,zzle.
(c) Irrigation resulting from the operation of water-to-air heat pumps is
permitted anytime.
(d) New landscape is authorized to be irrigated on any day between the
hours of 4:00 p.m. and 10:00 a.m. during the first 30 days following its installation. The
installation of new landscape should be postponed until this water shortage order is
rescinded.
5. Agricultural Use
(a) Agricultural Irrigation
1 . Overhead irrigation, including portable vo[ume guns, is
restricted to the hours of 4:00 p.m. to 10:00 a.m.
2. Low volume irrigation hours are not restricted.
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3. Flood and seepage irrigation must not discharge tailwater
from the property.
4. All irrigation systems must be operated in a manner that
maximizes the percentage of water held in the root zone of
the crop and minimizes the amount of water that is released
or lost to the user.
(b) Soil Flooding
1. Soil flooding for pest control or soil preservation shall be
prohibited.
2. Soil flooding to permit harvesting of sod should be voluntarily
reduced.
(c) Freeze Protection
Water use for freeze protection is limited to applicable
consumptive use permit conditions.
6. Nursery/Golf Course/Recreation
(a) Nursery Use
1. Overhead irrigation uses are restricted as follows:
a. Inside - Water only between 8:00 a.m. to 8:00 p.m.
seven days per week.
b. Outside - Water only on odd numbered days but not
between 7;00 a.m. to 7:00 p.m.
2. Flood irrigation systems are restricted to 6 days per month,
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3. Applications of fertilizers, herbicides, and pesticides should
be coordinated with irrigation schedules.
4. Low volume irrigation uses and low volume hand watering
should be voluntarily reduced.
(b) Golf Course Use
1. 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.
2. 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.
3. Applications of fertilizers, herbicides. and pes1icides should
be coordinated with irrigation schedules.
4. Irrigation of greens and tees should be voluntarily reduced
and must b~ accomplished during non-daylight hours.
(c) Water Based Recreation Use
1. Draining of facilities into sewers or onto impervious surfaces
is prohibited.
2. Water based recreation water use should be voluntarily
reduced.
7. Outside aesthetic use of water utilizing non-re-circulating fountains are'
prohibited.
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8. All surface water augmentation is prohibited except that which is
specifically authorized for irrigation use under a valid consumptive use permit.
9. Personal vehicle washing must be done using a handheld hose equipped
with an automatic shut-off nozzle.
10. All other discretionary uses of water should be reduced to the greatest
extent possible.
11. The Governing Board requests that every city and county commission,
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.
12. This Order shall become effective at 12:01 a.m. onJanuary 15,2001.
Done and Ordered this JD-th
--
day of ~Rnua...r\./
I
,2001, at PaJatka. Florida.
RENDERED this J Ofh
day 01 Jd.n Ltc~'{"y I 2001.
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SANDRA BERTRAM
DISTRICT CLERK
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