Document Citation: 40D-21.391, 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 III EMERGENCY PROVISIONS

Date:
08/31/2009

Document:

40D-21.391 Implementing a Water Shortage Emergency Declaration.

(1) When Water Shortage Emergency has been declared pursuant to subsection 40D-21.331(5), F.A.C., the Executive Director may, without prior notice, issue orders pursuant to the emergency provisions of Section 373.119, F.S.

(a) Water Shortage Emergency orders shall recite information related to the existence of such an emergency and identify response mechanisms deemed necessary by the Executive Director, with the concurrence of the Board, to address the emergency;

(b) All users to whom an emergency order is directed shall comply immediately, but may petition the Board for a hearing as set forth in Section 373.119, F.S.

(2) The District shall inform all users to whom an emergency order is directed of the existence of such order, and all associated response mechanisms, by the best practical means available under the circumstances of the specific Water Shortage Emergency.

(3) The District shall notify local elected officials of any Water Shortage Emergency declaration and remedial action required. Notice shall be by the best practical means under the circumstances of the Water Shortage Emergency. In addition, local enforcement officials, fire rescue officials and appropriate state agencies shall be notified as soon as possible of any Water Shortage Emergency declaration or change of response mechanisms affecting their areas of responsibility.