Florida Regulations 40D-21.331: Declaring a Water Shortage Emergency
Current as of: 2024 | Check for updates
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(1) Purpose – This part of the chapter sets forth the steps the District will take to evaluate conditions within the District to determine whether a Water Shortage Emergency exists.
(2) The District shall monitor and evaluate conditions as provided in Rules 40D-21.211 and 40D-21.221, F.A.C.
(3) If the monitoring and evaluation process indicates that conditions are rapidly deteriorating, or if the District receives a request for emergency assistance related to an ongoing drought or other Water Shortage event, District staff shall ascertain whether the provisions of Part II of this rule are sufficient to protect public health, safety or welfare and Essential Uses, or the health of livestock and other animals, fish or aquatic life in the affected area. This shall be accomplished by considering the following:
(a) Factors related to the present and anticipated water supply for affected users, including:
1. Pertinent factors listed in subsection 40D-21.251(4), F.A.C.;
2. The ability of affected users to obtain water from other users on a temporary basis;
3. The ability of affected users to obtain water from another Source Class on a temporary basis; and
4. Other factors affecting the present and anticipated water supply, such as the availability of temporary treatment equipment that would allow affected users to obtain suitable water quality from an otherwise unsuitable source.
(b) Factors related to the potential adverse impacts on public health, safety, or welfare or Essential Uses; health of livestock and other animals, fish, or aquatic life; including:
1. Pertinent factors listed in subsection 40D-21.251(4), F.A.C.;
2. The extent to which potential adverse impacts can be reduced by imposing additional water use restrictions and other required actions upon other users obtaining water from the same source class;
3. The extent to which imposing additional water use restrictions and other required actions upon other users obtaining water from the same source class will create additional, unintended adverse impacts; and
4. Other factors relating to potential adverse impacts, such as the availability of state or federal emergency resources to ameliorate these impacts.
(c) Information and requests from a local government in the affected area.
(4) If it is ascertained that the provisions of Part II are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable-beneficial uses, the Executive Director, with the concurrence of the Board, may declare a Water Shortage Emergency.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.246 FS. History-New 11-19-84, Amended 7-2-86, 4-9-06, 1-8-08, 7-5-12.
(2) The District shall monitor and evaluate conditions as provided in Rules 40D-21.211 and 40D-21.221, F.A.C.
(3) If the monitoring and evaluation process indicates that conditions are rapidly deteriorating, or if the District receives a request for emergency assistance related to an ongoing drought or other Water Shortage event, District staff shall ascertain whether the provisions of Part II of this rule are sufficient to protect public health, safety or welfare and Essential Uses, or the health of livestock and other animals, fish or aquatic life in the affected area. This shall be accomplished by considering the following:
(a) Factors related to the present and anticipated water supply for affected users, including:
1. Pertinent factors listed in subsection 40D-21.251(4), F.A.C.;
2. The ability of affected users to obtain water from other users on a temporary basis;
3. The ability of affected users to obtain water from another Source Class on a temporary basis; and
4. Other factors affecting the present and anticipated water supply, such as the availability of temporary treatment equipment that would allow affected users to obtain suitable water quality from an otherwise unsuitable source.
(b) Factors related to the potential adverse impacts on public health, safety, or welfare or Essential Uses; health of livestock and other animals, fish, or aquatic life; including:
1. Pertinent factors listed in subsection 40D-21.251(4), F.A.C.;
2. The extent to which potential adverse impacts can be reduced by imposing additional water use restrictions and other required actions upon other users obtaining water from the same source class;
3. The extent to which imposing additional water use restrictions and other required actions upon other users obtaining water from the same source class will create additional, unintended adverse impacts; and
4. Other factors relating to potential adverse impacts, such as the availability of state or federal emergency resources to ameliorate these impacts.
(c) Information and requests from a local government in the affected area.
(4) If it is ascertained that the provisions of Part II are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable-beneficial uses, the Executive Director, with the concurrence of the Board, may declare a Water Shortage Emergency.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.246 FS. History-New 11-19-84, Amended 7-2-86, 4-9-06, 1-8-08, 7-5-12.