Florida Regulations 40C-21.651: Phase IV Critical Water Shortage
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A Phase IV Critical Water Shortage is a Water Shortage where two or more Drought Indicators have extreme values, or at lease one Drought Indicator has a critical value. In addition to the measures in Water Shortage Phases I, II, and III, whichever are more stringent, the following restrictions will apply when a Phase IV shortage is declared by the District, unless otherwise provided in the implementing order.
(1) Essential Uses. Essential Uses of water shall be subject to subsection 40C-21.641(1), F.A.C.
(2) Indoor Uses. Indoor Use in commercial, industrial, and institutional establishments should be voluntarily reduced to the minimum levels necessary to preserve public health and safety.
(3) Public Supply Uses. All Public Supply water utilities should:
(a) Immediately notify the District about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.
(b) Identify, based on customer demographics and system characteristics, and implement additional measures by which the water utility will temporarily maintain or reduce system demand during the Water Shortage declaration. The utility should include a list of the additional resources implementated on each system status report submitted to the District.
(c) Public Supply water utilities are encouraged to institute additional conservation measures such as reclaiming of backwash water, improving and accelerating leak detection surveys and repair programs, installing and calibrating meters, and stabilizing and equalizing system pressures.
(4) Commercial/Industrial/Institutional Uses.
(a) If ordered by the District, Commercial/Industrial/Institutional Users shall promptly notify the District about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.
(b) If ordered by the District, Commercial/Industrial/Institutional Users shall cease all uses of water that are not essential to public health, safety and welfare.
(5) Agricultural Uses.
(a) The District will evaluate the supply capabilities of the affected Source Class, the supply capabilities of other Source Classes available in the area, the needs of agriculture and all other users in the affected area, and the District’s overall management strategy for handling the uncertainties of future climatological events. The share of the total agricultural use allocation available to each user will be based on a prioritization of crops the District establishes based on economic loss and equity considerations and the acreage and quantity of withdrawals of the permitted consumptive use.
(b) The water use restrictions and other measures specified in subsection 40C-21.641(5), F.A.C., shall apply.
(6) Landscape/Recreation/Aesthetic Uses.
(a) Landscape Uses. The water use restrictions and other measures specified in paragraphs 40C-21.641(5)(a) and (d), F.A.C., shall apply.
(b) Golf Course Uses. The water use restrictions and other measures specified in Fl. Admin. Code R. 40C-21.641(5)(b), shall apply, with the following modifications:
1. Watering roughs and non-play native or naturalized areas is prohibited.
2. Consumptive Use Permittees shall promptly notify the District about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.
(c) Water Based Recreation Uses. Water Based Recreation water use is restricted as follows:
1. Draining of facilities into sewers or onto impervious surfaces is prohibited.
2. Filling of new or existing facilities is prohibited.
3. Use of makeup water is prohibited.
(7) Mining/Dewatering Uses. Discharge offsite of fresh water or to tide from dewatering is prohibited.
(8) Other Uses.
(a) The water use restrictions and other measures specified in subsection 40C-21.641(7), F.A.C., shall apply, with the following modifications:
1. Pressure washing or cleaning of buildings, structures, streets, driveways, sidewalks or other impervious areas is prohibited, except:
a. Pressure Washing conducted with professional-grade equipment is allowed for necessary maintenance such as to either maintain a warranty or remove mold, mildew and other potentially hazardous materials that cannot be removed by mechanical means (such as a broom or leaf blower), and as a construction practice (such as cleaning a concrete surface prior to painting or sealing). Compliance with homeowner association or other aesthetic standards does not constitute necessary maintenance.
b. Dust control is allowed if required by federal, state, or local health or safety standards
2. Washing of cars or trucks, other than professional car washes or mobile detailing businesses, is prohibited. This means that car wash fundraisers are prohibited. However, the washing of fire engines and other emergency Mobile Equipment (such as ambulances and law enforcement vehicles) is allowed, pursuant to Fl. Admin. Code R. 40C-21.631(1)(a)
3. The following specific activities are allowed: rinsing of boats after use, flushing of boat motors after use, necessary cleaning of lawn and maintenance and agricultural vehicles, rinsing of any vehicle after exposure to saltwater or sewage.
4. If ordered by the District, water users shall cease all uses of water that are not essential to public health, safety, and welfare.
(b) No person or entity, for example, a homeowner association or property manager, shall enforce any deed restrictions or other community standards which are inconsistent with the Water Shortage declaration.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 1-1-84, Amended 8-23-18.
Terms Used In Florida Regulations 40C-21.651
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(2) Indoor Uses. Indoor Use in commercial, industrial, and institutional establishments should be voluntarily reduced to the minimum levels necessary to preserve public health and safety.
(3) Public Supply Uses. All Public Supply water utilities should:
(a) Immediately notify the District about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.
(b) Identify, based on customer demographics and system characteristics, and implement additional measures by which the water utility will temporarily maintain or reduce system demand during the Water Shortage declaration. The utility should include a list of the additional resources implementated on each system status report submitted to the District.
(c) Public Supply water utilities are encouraged to institute additional conservation measures such as reclaiming of backwash water, improving and accelerating leak detection surveys and repair programs, installing and calibrating meters, and stabilizing and equalizing system pressures.
(4) Commercial/Industrial/Institutional Uses.
(a) If ordered by the District, Commercial/Industrial/Institutional Users shall promptly notify the District about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.
(b) If ordered by the District, Commercial/Industrial/Institutional Users shall cease all uses of water that are not essential to public health, safety and welfare.
(5) Agricultural Uses.
(a) The District will evaluate the supply capabilities of the affected Source Class, the supply capabilities of other Source Classes available in the area, the needs of agriculture and all other users in the affected area, and the District’s overall management strategy for handling the uncertainties of future climatological events. The share of the total agricultural use allocation available to each user will be based on a prioritization of crops the District establishes based on economic loss and equity considerations and the acreage and quantity of withdrawals of the permitted consumptive use.
(b) The water use restrictions and other measures specified in subsection 40C-21.641(5), F.A.C., shall apply.
(6) Landscape/Recreation/Aesthetic Uses.
(a) Landscape Uses. The water use restrictions and other measures specified in paragraphs 40C-21.641(5)(a) and (d), F.A.C., shall apply.
(b) Golf Course Uses. The water use restrictions and other measures specified in Fl. Admin. Code R. 40C-21.641(5)(b), shall apply, with the following modifications:
1. Watering roughs and non-play native or naturalized areas is prohibited.
2. Consumptive Use Permittees shall promptly notify the District about any new water supply emergency and any supply supplementation or replacement that occurs in order to address or prevent such an emergency.
(c) Water Based Recreation Uses. Water Based Recreation water use is restricted as follows:
1. Draining of facilities into sewers or onto impervious surfaces is prohibited.
2. Filling of new or existing facilities is prohibited.
3. Use of makeup water is prohibited.
(7) Mining/Dewatering Uses. Discharge offsite of fresh water or to tide from dewatering is prohibited.
(8) Other Uses.
(a) The water use restrictions and other measures specified in subsection 40C-21.641(7), F.A.C., shall apply, with the following modifications:
1. Pressure washing or cleaning of buildings, structures, streets, driveways, sidewalks or other impervious areas is prohibited, except:
a. Pressure Washing conducted with professional-grade equipment is allowed for necessary maintenance such as to either maintain a warranty or remove mold, mildew and other potentially hazardous materials that cannot be removed by mechanical means (such as a broom or leaf blower), and as a construction practice (such as cleaning a concrete surface prior to painting or sealing). Compliance with homeowner association or other aesthetic standards does not constitute necessary maintenance.
b. Dust control is allowed if required by federal, state, or local health or safety standards
2. Washing of cars or trucks, other than professional car washes or mobile detailing businesses, is prohibited. This means that car wash fundraisers are prohibited. However, the washing of fire engines and other emergency Mobile Equipment (such as ambulances and law enforcement vehicles) is allowed, pursuant to Fl. Admin. Code R. 40C-21.631(1)(a)
3. The following specific activities are allowed: rinsing of boats after use, flushing of boat motors after use, necessary cleaning of lawn and maintenance and agricultural vehicles, rinsing of any vehicle after exposure to saltwater or sewage.
4. If ordered by the District, water users shall cease all uses of water that are not essential to public health, safety, and welfare.
(b) No person or entity, for example, a homeowner association or property manager, shall enforce any deed restrictions or other community standards which are inconsistent with the Water Shortage declaration.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 1-1-84, Amended 8-23-18.