A general consumptive use permit by rule is hereby established for consumptive uses of water listed below that do not meet or exceed any permitting threshold under subsection 40C-2.041(1), F.A.C., except as provided in subsections 40C-2.042(8), (9), (10), (11), (12) and (13), F.A.C. However, this rule shall not apply to domestic uses of water by individuals, i.e., water used for the household purposes of drinking, bathing, cooking or sanitation. Persons using or proposing to use water in a manner not authorized under this rule, must obtain a permit pursuant to Chapter 40C-2, F.A.C.

1. (1) The Governing Board hereby grants a general permit to each person located within the District to use, withdraw or divert water to irrigate agricultural crops, nursery plants, cemeteries, golf courses and recreational areas such as playgrounds, football, baseball, and soccer fields, provided the irrigation does not occur between the hours of 10:00 a.m. and 4:00 p.m. daily, and provided the amount of water used is limited to only that necessary for efficient utilization. For purposes of this subsection, agricultural crops and nursery plants are limited to those grown on lands classified by the property appraiser as agricultural lands under Section 193.461, F.S. (2016). All water use under this subsection shall be subject to the following exceptions:

   1. (a) Irrigation using a micro-spray, micro-jet, drip, or bubbler irrigation system is allowed anytime.
   2. (b) The use of water for irrigation from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented by water from another source during peak demand periods.
   3. (c) The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.
   4. (d) Irrigation is allowed at any time of day for one 30-day period following planting of agricultural crops or nursery stock, provided that the irrigation is limited to the minimum amount necessary for crop or plant establishment. Irrigation of newly planted, seeded or sprigged cemeteries, golf course greens, tees, fairways and primary roughs, and recreational areas such as playgrounds, football, baseball and soccer fields is allowed at any time of day for one 60-day period. An entire irrigation zone may be watered under this paragraph only if new plantings or landscaping comprise at least 50 percent of that zone. If new plantings or landscaping comprise less than 50 percent of an irrigation zone, only the new plantings or lanscaping can be watered under this paragraph.
   5. (e) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed any time of day within 24 hours of application. Watering in of chemicals shall not exceed 1/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices.
   6. (f) Irrigation systems may be operated any time of day for maintenance and repair purposes not to exceed 20 minutes per hour per irrigation zone.
   7. (g) Irrigation of agricultural crops by seepage systems which regulate off-site discharges through the use of water control structures is allowed anytime, provided the discharge does not overtop the control structure by more than one-half inch, there is no discharge between 1:00 p.m. and 7:00 p.m. unless associated with a storm event, and the structure is well maintained.
   8. (h) The use of water to protect agricultural crops and nursery plants, except ferns, from frost or freeze damage is allowed when freezing temperatures or frost are predicted by an official weather forecasting service.
   9. (i) The use of water to protect ferns from frost or freeze damage is allowed when the “wet bulb” temperature, as measured by a “wet bulb” thermometer at the site of application, is 34 degrees Fahrenheit or less. Freeze protection must cease when temperatures rise above 40 degrees Fahrenheit.
   10. (j) The use of water to protect agricultural crops, nursery plants and golf course turf from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per irrigation zone.
   11. (k) Irrigation of agricultural crops by traveling volume guns which require manual repositioning is allowed anytime.
   12. (l) Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed anytime.
   13. (m) Discharge of water from a water-to-air air conditioning unit or other water dependent cooling system constructed before August 14, 2014, is not limited by this permit.

2. (2) (a) The Governing Board hereby grants a general permit to each person located within the District to use, withdraw or divert water for landscape irrigation, provided landscape irrigation occurs in accordance with the provisions of subsection 40C-2.042(2), F.A.C., and provided the amount of water used is limited to only that necessary for efficient utilization. For the purpose of this rule, “landscape irrigation” means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way, but it does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields. For the purpose of this rule, the terms “residential landscape irrigation” and “non-residential landscape irrigation” are defined in this paragraph (a), as follows. “Residential landscape irrigation” means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. “Non-residential landscape irrigation” means the irrigation of landscape not included within the definition of “residential landscape irrigation,” such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. For the purpose of this rule, “address” means the “house number” of the physical location of a specific property. This excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Services to determine a delivery location, the lot number shall be the property’s address. An “even numbered address” means an address ending in the numbers 0, 2, 4, 6, 8 or letters A-M. An “odd numbered address” means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.

   1. When Daylight Savings Time is in effect, landscape irrigation shall occur in accordance with the following irrigation schedule unless otherwise specified herein:

   a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and,

   b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and,

   c. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and,

   d. No more than 3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

   2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule unless otherwise specified herein:

   a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and,

   b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and,

   c. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and,

   d. No more than 3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

   3. Landscape irrigation shall be subject to the following exceptions:

   a. Irrigation using a micro-spray, micro-jet, drip, or bubbler irrigation system is allowed anytime.

   b. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. An entire irrigation zone may be watered under this sub-subparagraph only if new plantings or landscaping comprise at least 50 percent of that zone. If new plantings or landscaping comprise less than 50 percent of an irrigation zone, only the new plantings or landscaping can be watered under this sub-subparagraph.

   c. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed 1/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

   d. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per irrigation zone.

   e. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day.

   f. Discharge of water from a water-to-air air conditioning unit or other water dependent cooling system is not limited by this permit.

   g. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods.

   h. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.

   4. When reclaimed water is available, the use of a private irrigation well for landscape irrigation is not authorized under subsection 40C-2.042(2), F.A.C. Reclaimed water is deemed available when reclaimed water is provided by a utility through a point of connection.

   5. Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1, 1991, shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred.

3. (b) 1. A local government is strongly encouraged to enforce paragraph 40C-2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that is either consistent with the provisions set forth in paragraph 40C-2.042(2)(a), F.A.C., or approved by the District as part of a Permittee’s water conservation plan.

   2. Where a local government has adopted a landscape irrigation ordinance, if the strict application of the specified day of week schedule would lead to unreasonable or unfair results in particular instances, the local government may grant a variance from the specific day or days for landscape irrigation identified in subparagraphs 40C-2.042(2)(a)1. and 2., F.A.C., provided that the applicant demonstrates with particularity that compliance with the schedule of days for landscape irrigation will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days than other zones of the property. However, no single zone may be irrigated more than 2 days a week when Daylight Savings Time is in effect and no more than 1 day per week when Eastern Standard Time is in effect. Local governments shall not grant a variance from any other provision of this rule.

   3. Local governments with a jurisdiction divided between the St. Johns River Water Management District and another water management district may enact an ordinance providing for alternative landscape irrigation conservation measures as necessary for the local government to achieve a uniform schedule within its jurisdiction that is in accordance with at least one of the involved water management district rules. Users within the jurisdiction or customers of such local governments shall comply with the alternative landscape irrigation conservation measures contained within the ordinance implementing that program and are not subject to the measures contained in paragraph 40C-2.042(2)(a), F.A.C.

   4. At least 30 days prior to the adoption of an ordinance to enforce paragraph 40C-2.042(2)(a), F.A.C., or an ordinance for alternative landscape irrigation conservation measures, the local government shall provide a copy of the proposed ordinance to the District.

4. (c) A person proposing to use water for landscape irrigation where factors establish the need for irrigation to occur in a manner other than that authorized in subsection 40C-2.042(2), F.A.C., may submit an application for an Individual Consumptive Use Permit pursuant to Chapter 40C-2, F.A.C., using form 40C-2.900(3). Consumptive Use Permit Application for Landscape Irrigation for One Additional Day Per Week. Form number 40C-2.900(3), effective August 14, 2014, is hereby incorporated by reference and available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-04425"
   http://www.flrules.org/Gateway/reference.asp?No=Ref-04425 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529. This permit application is limited to including no more than 25 nearby properties within a common plan of development. If a development consists of more than one phase or section, the 25 properties must be located within a single phase or section. A person seeking authorization to irrigate more than 1 additional day than that authorized by subsection 40C-2.042(2), F.A.C., must apply for an Individual Consumptive Use Permit pursuant to Chapter 40C-2, F.A.C., using form 40C-2.900(1), which is incorporated by reference in subsection 40C-2.900(1), F.A.C.
5. (3) The Governing Board hereby grants a general permit for all aquacultural consumptive uses of water located within the District provided the containment or impoundment facility utilized to cultivate the aquacultural product has no off-site surface water discharge and an aerator is used to add oxygen to the facility when necessary. Such water use is limited to the amount necessary to accomplish average expected production. The use of reclaimed water within an aquacultural facility shall not be subject to these restrictions provided appropriate signs are placed on the property to inform the general public and District enforcement personnel of such use.
6. (4) The Governing Board hereby grants a general permit for all existing and proposed ornamental and aerating fountains within the District, provided the same water is recirculated, there is no off-site discharge and the fountain is properly installed, maintained and operated to ensure that a minimal amount of water is used. Non-recirculating fountains in existence on 7-23-91 shall be retrofitted to meet the requirements of this subsection by 7-23-93.
7. (5) The Governing Board hereby grants a general permit to each person located within the District to use water to create a containment or impoundment facility solely for aesthetic purposes, provided the containment or impoundment facility is not augmented thereafter from any ground or off-site surface water source.

8. (6) The Governing Board hereby grants a general permit to each person located within the District to use water for the augmentation of any pond which is 1/2 acre or smaller in size, provided the following conditions are met:

   1. (a) The water for augmentation shall be withdrawn from a well with an inside diameter of the largest permanent water bearing casing of no more than 2 inches;
   2. (b) Augmentation of the water level must not occur if the pond is discharging offsite, except that augmentation may occur to flush the pond no more than two times per year; and,
   3. (c) Augmentation of the water level in the pond must not occur above the average water table condition for the site.
9. (7) The Governing Board hereby grants a general permit to each person located within the District to withdraw or divert water for uses other than those identified in subsections (1)-(6), provided the amount is limited to only that necessary for efficient utilization.
10. (8) The Governing Board hereby grants a general permit to each person located within the District to withdraw groundwater from a well solely to irrigate a total of one acre or less of landscape on contiguous property, provided the withdrawal does not meet or exceed any thresholds of paragraphs 40C-2.041(1)(a)-(c), F.A.C. This permit is subject to all the provisions in paragraph 40C-2.042(2)(a), F.A.C. When reclaimed water is available, the use of a private irrigation well for landscape irrigation is not authorized under this subsection. Reclaimed water is deemed available when reclaimed water is provided by a utility through a point of connection.
11. (9) The Governing Board hereby grants a general permit by rule to withdraw ground or surface water anywhere within the District for short-term construction dewatering activities (excluding borrow operations), subject to the limiting conditions in Appendix I of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C., and Form Number 40C-2.900(12). Notice to District of Dewatering Activity, Form Number 40C-2.900(12), effective November 3, 2015, is hereby incorporated by reference and available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-05969" https://www.flrules.org/Gateway/reference.asp?No=Ref-05969 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529. This general permit by rule shall expire 190 days from the date a complete form 40C-2.900(12) is submitted to the District, and no dewatering may begin until 10 days after submittal of the complete form (except as allowed in Appendix I).
12. (10) The Governing Board hereby grants a general permit by rule for a consumptive use of water anywhere in the District for environmental restoration or enhancement projects proposed by the Florida Department of Environmental Protection or the District, which have either obtained authorization or qualify for an exemption under Part IV of Chapter 373, F.S., for the restoration or enhancement project, provided the use will not interfere with any presently existing legal use of water and the amount of water used is limited to only that necessary for efficient utilization. This general permit by rule shall be transferred to a local unit of government when the District or the Department transfers to the local government the land upon which a completed environmental restoration or enhancement project is located.

13. (11) The Governing Board hereby grants a general permit by rule to each person located within the District to withdraw groundwater for aquifer performance tests (APT), provided the following conditions are met:

    1. (a) The use does not meet or exceed the threshold of paragraph 40C-2.041(1)(a), F.A.C.;
    2. (b) The use meets the conditions for issuance in Rule 40C-2.301, F.A.C.;
    3. (c) The use will not exceed 60 days; and,
    4. (d) The pumping and discharge will be performed in accordance with an aquifer performance test plan submitted to and approved in writing by District staff.

14. (12) The Governing Board hereby grants a general permit by rule to each person located within the District to withdraw groundwater for heating and cooling (HVAC), provided the following conditions are met:

    1. (a) The use will not meet or exceed any threshold in paragraphs 40C-2.041(1)(a)-(c), F.A.C.;
    2. (b) The heating and cooling discharge water is returned directly to the same aquifer from which it is withdrawn. This condition shall not apply to a discharge of water from a water-to-air air conditioning unit or other water-dependent cooling system constructed before August 14, 2014;
    3. (c) The heating and cooling discharge or injection has been permitted by the Department of Environmental Protection under Chapter 403, F.S., or is exempt from such permitting; and,
    4. (d) The water used for heating and cooling has no contact or mixing with other water sources, additives, or chemicals.

15. (13) The Governing Board hereby grants a general permit by rule for an emergency consumptive use, provided the following conditions are met:

    1. (a) The use meets the conditions for issuance in Rule 40C-2.301, F.A.C.;
    2. (b) The use will not exceed 90 days;
    3. (c) The use is necessary to address emergency conditions;
    4. (d) The District has provided written approval of the use; and,

    5. (e) The permittee complies with all the terms and conditions of the written approval.

       For purposes of this subsection, “emergency conditions” are defined as those that pose an imminent or existing serious threat or danger and require immediate action to protect the public health, safety or welfare, or the water resources of the District; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses. Carelessness or lack of planning shall not be sufficient grounds to warrant the granting of written approval for an emergency consumptive use. The emergency consumptive use may commence only upon receiving written approval by a District staff member designated by the District Executive Director. The recipient of an emergency consumptive use approval is responsible for complying with all terms and conditions of the written approval, which shall form a part of the general permit. The general permit by rule shall expire 90 days from the date of written approval or the date provided in the written approval, whichever is less. No consumptive use is authorized under this general permit until written approval is received.

Rulemaking Authority 373.044, 373.109, 373.113, 373.118, 373.171 FS. Law Implemented 373.019(6), 373.109, 373.118, 373.219, 373.223, 373.228, 373.250, 373.609, 373.62 FS. History–New 7-23-91, Amended 1-7-99, 2-15-06, 3-8-09, 8-14-14, 11-3-15, 7-1-18, 12-11-25.