Fla. Admin. Code Ann. R. 40D-21.051 - Definitions

(1) Except as otherwise noted below, all terms used herein shall have the same meaning as defined in Rule 40D-22.101, F.A.C.

(2) "Agricultural Uses" are water uses associated with Agriculture as defined in Rule 40D-22.101, F.A.C. This specifically includes the irrigation of vegetables, fruits and other plants grown for human consumption at a residence or community garden, provided the plants are irrigated separately from any lawn or other landscape plant material. In order for irrigation of a fruit tree at a residence or community garden to be considered an Agricultural Use, the irrigation shall not be applied to any lawn or other landscape plant material.

(3) "Commercial and Industrial Uses" are water uses integral to the production of goods and services, including power generation and cogeneration; phosphate mining and benefication; chemical manufacturing; limestone, sand and gravel mining; cement, concrete and other aggregate products manufacturing; perishable foods processing and packing; restaurants, hotels and other hospitality businesses; retail and wholesale establishments; and educational institutions.

(4) "Critical Water Shortage" is the alternative name for a Phase IV Water Shortage.

(5) "Drought Indicator" is a quantified assessment of the condition of a water supply or resource.

(6) "Drought Condition Level" is the level of drought or other water shortage being experienced, based on the status of Drought Indicators. There are four levels: Moderate, Severe, Extreme and Critical.

(7) "Essential Uses" is the classification category for water uses associated with maintaining public health, safety, or welfare, including the operation of public water supply systems, public waste water systems, sanitation facilities, military facilities, power generation facilities, hospitals and other medical facilities, medical equipment and fire suppression equipment.

(8) "Extreme Water Shortage" is the alternative name for a Phase III Water Shortage.

(9) "High-Use Single Family" means a single-family residential potable water customer that uses 15, 000 gallons per month or more.

(10) "Indoor Uses" are water uses associated with domestic and similar non-domestic needs. Domestic needs include drinking, bathing, cooking, cleaning and necessary sanitary purposes in a household environment. Similar non-domestic needs include drinking, bathing and necessary sanitary activities outside of the household environment, such as in customer or employee restrooms.

(11) "Landscape Uses" are water uses related to the establishment and maintenance of Turfgrass, trees and other plant material. This specifically includes all Lawns and Landscape at homes and other residences, commercial or industrial buildings, parks, recreational areas, public rights-of-way, medians and other public and private properties. Within this classification, the District maintains the subclassifications of Cemeteries, Golf Courses, Driving Ranges and Other Athletic Play Areas as defined in Rule 40D-22.101, F.A.C., to address the unique Turfgrass needs associated with these uses.

(12) "Mobile Equipment" means any public, private or commercial automobile, truck, trailer, railroad car, camper, boat, tractor, or any other type of similar equipment.

(13) "Moderate Water Shortage" is the alternative name for a Phase I Water Shortage.

(14) "Other Uses" are all other water uses not specifically included in other Use Classes, including augmentation of natural or man-made surface water bodies for aesthetic, recreational or habitat value; ornamental ponds, water fountains and other aesthetic water features; environmental restoration or enhancement; cooling and air conditioning; swimming pools and other water-based non-commercial recreation; cleaning or Pressure Washing of structures, driveways, sidewalks and other impervious surfaces; and wetting roads and other surfaces for dust control or fire suppression when required by federal, state or local standards.

(15) "Permittee" is the holder of a Water Use Permit issued pursuant to Chapter 40D-2, F.A.C.

(16) "Phase I Water Shortage" is also referred to as "Moderate Water Shortage" and is described in Rule 40D-21.621, F.A.C.

(17) "Phase II Water Shortage" is also referred to as "Severe Water Shortage" and is described in Rule 40D-21.631, F.A.C.

(18) "Phase III Water Shortage" is also referred to as "Extreme Water Shortage" and is described in Rule 40D-21.641, F.A.C.

(19) "Phase IV Water Shortage" is also referred to as "Critical Water Shortage" and is described in Rule 40D-21.651, F.A.C.

(20) "Plan" means the plan set forth in this Chapter, including restrictions and other required actions as authorized by Sections 373.246 and 373.175, F.S.

(21) "Pressure Washing" means the use of pressurized water for cleaning purposes, by means of equipment accepted by industry standards. Industry standards specifically include a self-canceling or automatic nozzle, water pressure at a minimum of 1, 000 p.s.i. (pounds per square inch) and water volume at a maximum of five (5) gallons per minute. Professional-grade equipment operates at a water pressure of at least 2, 900 p.s.i.

(22) "Public Supply Water System" and "public supply water system" for the purpose of this rule means either a "community water system" or a "wholesale system" as those terms are defined by Rule 62-550.200, F.A.C., whether a particular system is managed by a water supply authority, local government (municipality, county, or division or enterprise of a municipality or county) or nongovernmental entity (such as a development-specific, investor-owned, non-profit or special district facility). For the purpose of this rule, an entity which submeters a master-metered connection to a public supply water system (such as a third party submetering units in an apartment complex) is not considered to be a public supply water system.

(23) "Severe Water Shortage" is the alternative name for a Phase II Water Shortage.

(24) "Small Water Utility" and "small water utility" means a "Public Supply Water System" (defined above) or "Water Utility" (defined below) that makes no water withdrawals and receives less than 100, 000 gallons per day on an annual average basis from another public supply utility, or that has a combined annual average daily water demand (withdrawals plus imports minus exports) of less than 100, 000 gallons per day and is required to have a water use permit pursuant to Rule 40D-2.041, F.A.C.

(25) "Source Class" means the specified water resource from which a user is obtaining water either directly or indirectly. Source Classes within the District are identified in Rule 40D-21.531, F.A.C.

(26) "Supplemental Irrigation" is the water applied to established plant material to satisfy water needs not met by rainfall.

(27) "Use Class" means the category describing the purpose for which the user is utilizing water. Use Classes within the District are identified in Rule 40D-21.541, F.A.C.

(28) "Water Shortage" means a drought or other situation within all or part of the District, for which the Governing Board has determined that there is insufficient water to meet the present and anticipated needs of users, or conditions are such that there is a need to require temporary reduction in water use within a particular area to protect one or more Source Class or the water resource from serious harm.

(29) "Water Shortage Emergency" means a Water Shortage for which a determination has been made that the powers exercised under Part II of this Plan are not sufficient to protect the public health, safety, or welfare; the health of livestock and other animals, fish or aquatic life; or other Essential Uses.

(30) "Water Supply Authority" and "water supply authority" for the purpose of this rule is the term defined and described in Section 373.713, F.S.

(31) "Water Utility" and "water utility" for the purpose of this rule means the same thing as "Public Supply Water System" (defined above).

(32) "Water Utility Uses" are water uses associated with maintaining and operating a public water supply system, whether the system is managed by a regional water supply authority, local government agency, or private entity. These uses include water utility activities such as flushing lines and maintenance of treatment processes but do not include water distributed by the system for customer use.

(33) "Wholesale-Only System" or "wholesale-only system" for the purpose of this rule is a "wholesale system" that is not also a "community water system" as those terms are defined by Rule 62-550.200, F.A.C. In other words, it is a water supply authority or other "wholesale system" which only delivers water to another public water supply system.

Notes

Fla. Admin. Code Ann. R. 40D-21.051

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS.

New 11-19-84, Amended 7-2-86, 4-9-06, 7-5-12.

New 11-19-84, Amended 7-2-86, 4-9-06, 7-5-12.