Fla. Admin. Code Ann. R. 40D-22.303 - Variances and Waivers
(1) Users may
request relief from the provisions of Chapter 40D-22, F.A.C., by following the
procedures outlined in Rule
40D-1.1002, F.A.C., in
accordance with Section
120.542, F.S., and Chapter
28-104, F.A.C.
(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 Section
373.62(7),
F.S.
(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.
Notes
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.
New 9-15-03, Amended 12-7-10, 2-4-15.
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