1. (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. (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:

   1. (a) Properties with Irrigation systems that water both Odd and Even Numbered Addresses at the same time.
   2. (b) Two or more properties which share a common source of water.
   3. (c) A public or private water system experiencing, or anticipating, pressure problems associated with subsection 40D-22.201(4), F.A.C.
   4. (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.
   5. (e) A variance granted in accordance with Section 373.62(7), F.S.
3. (3) A variance is invalid if it has expired or if the property owner or agent violates terms of the variance.
4. (4) Users requiring relief from a local government’s water conservation measures must petition that local government for relief.

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. History–New 9-15-03, Amended 12-7-10, 2-4-15.