Florida Regulations 40D-22.303: Variances and Waivers
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(1) Users may request relief from the provisions of Fl. Admin. Code Chapter 40D-22, by following the procedures outlined in Fl. Admin. Code R. 40D-1.1002, in accordance with Florida Statutes § 120.542, and Fl. Admin. Code Chapter 28-104
(2) Examples of circumstances, which, subject to the above referenced statute and rule and the provisions below, may be candidates for the issuance of a variance or waiver are:
(a) Properties with Irrigation systems that water both Odd and Even Numbered Addresses at the same time.
(b) Two or more properties which share a common source of water.
(c) A public or private water system experiencing, or anticipating, pressure problems associated with subsection 40D-22.201(4), F.A.C.
(d) Properties which, due to the amount of irrigated acreage in relation to the irrigation system configuration, cannot irrigate all zones in accordance with the watering days provided in paragraphs 40D-22.201(4)(a)-(d), F.A.C.
(e) A variance granted in accordance with Florida Statutes § 373.62(7)
(3) A variance is invalid if it has expired or if the property owner or agent violates terms of the variance.
(4) Users requiring relief from a local government’s water conservation measures must petition that local government for relief.
Rulemaking Authority 120.542, 373.044, 373.113, 373.171 FS. Law Implemented 120.542, 373.119, 373.171, 373.175(4), 373.246(7), 373.609 FS. History-New 9-15-03, Amended 12-7-10, 2-4-15.
Terms Used In Florida Regulations 40D-22.303
- Statute: A law passed by a legislature.
(a) Properties with Irrigation systems that water both Odd and Even Numbered Addresses at the same time.
(b) Two or more properties which share a common source of water.
(c) A public or private water system experiencing, or anticipating, pressure problems associated with subsection 40D-22.201(4), F.A.C.
(d) Properties which, due to the amount of irrigated acreage in relation to the irrigation system configuration, cannot irrigate all zones in accordance with the watering days provided in paragraphs 40D-22.201(4)(a)-(d), F.A.C.
(e) A variance granted in accordance with Florida Statutes § 373.62(7)
(3) A variance is invalid if it has expired or if the property owner or agent violates terms of the variance.
(4) Users requiring relief from a local government’s water conservation measures must petition that local government for relief.
Rulemaking Authority 120.542, 373.044, 373.113, 373.171 FS. Law Implemented 120.542, 373.119, 373.171, 373.175(4), 373.246(7), 373.609 FS. History-New 9-15-03, Amended 12-7-10, 2-4-15.