Florida Regulations 40E-21.291: Implementing a Water Shortage Declaration
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(1) When a water shortage is declared, or if already declared if more severe restrictions are imposed, the District will publish notice of the declaration or restrictions at least once in newspapers of general circulation in the areas affected. In addition the District shall make every effort to inform the general public of the restrictions in effect and the sources of supply which are affected. Particular attention shall be given to presenting this information in a form which is easily understood and applied by the citizens of the affected areas.
(2) The District shall notify each affected permittee within the affected source class of any change in the condition of his permit, any suspension of his permit, or any other restriction on his use of water. Notice shall be by regular mail.
(3) The District shall notify local elected officials of any water shortage declaration. Notice shall be by the best practicable means under the circumstances. In addition local law enforcement officials shall be notified as soon as possible of any water shortage declaration or change of restrictions affecting their areas of responsibility. Any special materials necessary for enforcement of the order shall be furnished to local law enforcement officials by the best practicable means under the circumstances.
(4) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified or rescinded by the Board.
(5) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified or rescinded by the Executive Director if all of the following circumstances are present:
(a) The Board previously issued a declaration of water shortage which remains in effect,
(b) The order rendering the Board’s declaration of water shortage specifically delegates to the Executive Director the authority to modify or rescind the existing water shortage restrictions, and
(c) The District’s monitoring of water conditions and plan implementation reasonably demonstrates that a modification or rescission of the Board’s declaration of water shortage is warranted and necessary.
(6) All decisions of the Executive Director made pursuant to this subsection shall be by order and subject to ratification by the Board at the next scheduled Board meeting.
(7) An order declaring a water shortage or imposing more severe restrictions shall become effective on the day after any notice required in subsection (1) is published. An order declaring a water shortage shall remain in effect until modified or rescinded by the Board or the Executive Director.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History-New 5-31-82, Amended 1-26-86.
Terms Used In Florida Regulations 40E-21.291
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(3) The District shall notify local elected officials of any water shortage declaration. Notice shall be by the best practicable means under the circumstances. In addition local law enforcement officials shall be notified as soon as possible of any water shortage declaration or change of restrictions affecting their areas of responsibility. Any special materials necessary for enforcement of the order shall be furnished to local law enforcement officials by the best practicable means under the circumstances.
(4) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified or rescinded by the Board.
(5) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified or rescinded by the Executive Director if all of the following circumstances are present:
(a) The Board previously issued a declaration of water shortage which remains in effect,
(b) The order rendering the Board’s declaration of water shortage specifically delegates to the Executive Director the authority to modify or rescind the existing water shortage restrictions, and
(c) The District’s monitoring of water conditions and plan implementation reasonably demonstrates that a modification or rescission of the Board’s declaration of water shortage is warranted and necessary.
(6) All decisions of the Executive Director made pursuant to this subsection shall be by order and subject to ratification by the Board at the next scheduled Board meeting.
(7) An order declaring a water shortage or imposing more severe restrictions shall become effective on the day after any notice required in subsection (1) is published. An order declaring a water shortage shall remain in effect until modified or rescinded by the Board or the Executive Director.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History-New 5-31-82, Amended 1-26-86.