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Document Citation:
40D-21.275, F.A.C.
Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 40 WATER MANAGEMENT DISTRICTS
40D SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-21 WATER SHORTAGE PLAN
PART II DECLARING AND IMPLEMENTING A WATER SHORTAGE
Date:
08/31/2009
Document:
40D-21.275 Implementing a Water Shortage Declaration.
(1) Affected water users and Permittees shall be afforded the opportunity to comment to the Board concerning a proposed Water Shortage declaration at a scheduled public hearing.
(a) At least one public hearing will be scheduled to afford the public the opportunity to comment;
(b) The public shall be allowed a reasonable opportunity to participate during the public hearing in order to present non-repetitive testimony on Water Shortage effects and the impact of recommended restrictions and other response mechanisms. Such participation shall be subject to the control of the Governing Board and may be limited as necessary to facilitate reasonable progress of the hearing;
(c) Additional public hearings may be announced by the Board during a declared Water Shortage, and reasonable additional notice will be provided for any additional hearing.
(2) When a Water Shortage is declared, the District will publish notice of the declaration within newspapers of general circulation in the affected area. The notice shall serve as notice to all users in the affected area as to the existence and phase of the Water Shortage declaration.
(3) The District shall send a Notice of Water Shortage by regular mail to each Permittee located in the affected area. This notice shall advise the Permittee of any change in the condition of the Water Use Permit, any suspension of the Water Use Permit and the applicability of any other restriction on the use of water or other response mechanism set forth in this Chapter. The mailed notice may refer the Permittee to website material or fact sheets for this or additional information.
(4) The District shall notify local elected officials of any Water Shortage declaration and associated response mechanisms. Notice shall be by the best practical means under the circumstances, such as telephone contact attempts, regular mail, or electronic transmittals. In addition, local enforcement officials, local fire and rescue officials and appropriate state agencies shall be notified as soon as possible of any Water Shortage declaration or change in restrictions affecting their areas of responsibility.
(5) A declaration of Water Shortage and any implementing response mechanisms adopted pursuant thereto under the Water Shortage rule may be modified or rescinded by the Board.
(6) An order declaring a Water Shortage shall become effective on the day after any notice required in subsection (2) above is published or any subsequent effective date stated in the order. An order declaring a Water Shortage shall remain in effect for the period of time established in the order; or, if no period of time is established, until the order is modified or rescinded by the board.
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