Sec. 90-101. - Local enforcement of water shortage plan.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

District means the South Florida Water Management District.

(2)

Water resource means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground.

(3)

Water shortage is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.

(4)

Water shortage emergency means that situation when the powers which can be exercised under part II of chapter 40E-21, Florida Administrative Code are not sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.

(b)

Application. This section shall be in full force and effect countywide. The provisions of this section shall apply to all persons using the water resource, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This section shall not apply to persons using treated effluent or saltwater. This section shall apply to all such persons using the water resource within the geographical area subject to the water shortage or water shortage emergency as determined by the district.

(c)

Chapter 40E-21, F.A.C. adopted. Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as a part of this section.

(d)

Declaration of water shortage; emergency. The declaration of a water shortage or water shortage emergency within all or any part of the county by the governing board or the executive director of the district shall invoke the provisions of this section. The district shall determine the appropriate phase of water shortage or water shortage emergency and the duration of the water shortage or water shortage emergency. Upon such declaration, all water use restrictions or other measures contained in chapter 40E-21, Florida Administrative Code, which chapter constitutes the water shortage plan, shall be subject to enforcement action pursuant to subsections (e) and (f) of this section. Any violation of the provisions of chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, or any order issued pursuant thereto, shall be a violation of this section.

(e)

Enforcement. Every police officer or sheriff of the county or cities in the service areas governed by this section shall, in connection with all other duties imposed by law, diligently enforce the provisions of this section. In addition, the county administrator may also delegate enforcement responsibility for this section to agencies and departments of county government, or cities in the service areas governed by this section, in accordance with state and local law.

(f)

Penalties. Violation of any provision of this section shall be subject to the following penalties:

(1)

First violation, $25.00 fine.

(2)

Second and subsequent violations, fine not to exceed $500.00 and/or imprisonment in the county jail not to exceed 60 days.

Each day of violation of this section shall constitute a separate offense. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this section.

(g)

Water users to accept provisions. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this section. The acceptance of water service shall be in itself the acceptance of the provisions thereof.

(Ord. No. 85-10, §§ 1—7)

Sec. 90-102. - Water shortage plan generally.

(a)

Declaration. The board of county commissioners may declare a water shortage exists within all or part of the county when it determines insufficient water is available to meet requirements, or when conditions require temporary reduction in total use within the area to protect water resources from serious harm.

(b)

Classification of permits. For the purpose of the water shortage plan each permit shall be classified as follows:

(1)

Source classifications:

a.

Groundwater. The board of county commissioners may further classify groundwater source permits according to the aquifer or other groundwater source.

b.

Surface water. The board may further classify permits according to the source of surface water from which the water is to be withdrawn, diverted or impounded.

(2)

Use classifications:

a.

Domestic use includes individual personal needs or household purposes such as drinking, bathing, heating, cooking, or sanitation uses.

b.

Essential service includes fire department, hospital or other emergency service uses.

c.

Public supply includes use by municipal and private water systems.

d.

Livestock includes uses for domestic or commercial livestock.

e.

Agricultural includes uses for the production of crops and farm products.

f.

Industrial includes uses for manufacturing, commerce, trade and industry.

g.

Mining includes uses for the extraction, transportation, or processing of minerals.

h.

Power includes uses for the production of electric power.

i.

Recreational includes for water oriented recreation including, but not limited to, fishing, boating and swimming.

j.

Golf courses. Use for the game of golf with a series of nine or 18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards.

The Board may establish additional reasonable use classifications as it deems necessary. The above listing does not establish a priority ranking system.

(c)

Provisions and restrictions. Upon declaring a water shortage within all or part of the County, the Board of County Commissioners may impose upon any classification of permits the following restrictions:

(1)

Provisions for water users in an area to make voluntary agreements with the concurrence of the Board of County Commissioners or the County Administrator to provide for the mutual reduction, sharing, or rotation of use.

(2)

Provisions for the distribution of water to permittees in exchange for ceasing or reducing groundwater extraction.

(3)

Regulations for the metering, or well pump revolution counting, and reporting of all water used, diverted, impounded, extracted or withdrawn.

(4)

Regulations to maintain minimum flows and minimum levels.

(5)

Regulations to protect against saltwater intrusion or other deterioration of water quality including the closing and plugging of wells.

(6)

Restrictions on the total amount of water that may be used, diverted, impounded, extracted, or withdrawn during any day, month or year.

(7)

Restrictions on the timing of use, diversion, impoundment, extraction or withdrawal of water.

(8)

Restrictions on pumping rates or diversion rates.

(9)

Such other provisions or restrictions necessary to protect water resources from serious harm.

(d)

Exercise of powers. In declaring a water shortage and determining classes of permits to be restricted, the Board of County Commissioners shall consider the public interest and the following guidelines:

(1)

Domestic use exclusive of lawn and ornamental plant irrigation, normally has the highest priority.

(2)

Users that supply necessities to people are preferred over other users.

(3)

Public users are preferred over private users of the same type of use and source.

(4)

Users subject to serious loss of invested capital if supplies are reduced are preferred over others as necessary to protect investments considering the severity of the water shortage.

The above listing does not establish a priority ranking system.

(Ord. No. 74-50, § 1(2.09))

Sec. 90-103. - Plan procedures.

(a)

Publication of notice. When a water shortage is declared the Board of County Commissioners shall cause notice thereof to be published in a prominent place within a newspaper generally circulated throughout the area each day for the first week of the water shortage and once a week thereafter as notice to all users of the water shortage until the declaration is rescinded.

(b)

Notice to permittees. The Board of County Commissioners shall notify each affected permittee in the County by regular mail of any change in or suspension of his permit, or any other restriction of his use of water for the duration of the water shortage.

(c)

Review of orders. Orders declaring a water shortage shall be final after review by the Board of County Commissioners.

(Ord. No. 74-50, § 1(2.10))

Sec. 90-104. - Emergency due to water shortage.

(a)

Declaration of emergency. If an emergency exists due to water shortage within any area of the County, and the Board of County Commissioners finds that the water shortage plan is not sufficient to protect the public health, safety, welfare and utility, the health of animals, fish or aquatic life, a public water supply, or recreational, commercial, industrial, agricultural or other reasonable use, the Board of County Commissioners may declare a water shortage emergency.

(b)

Emergency powers. Under a declaration of an emergency due to water shortage, the County Administrator may impose the provisions and restrictions above and be guided by the standard of public interest detailed above.

(c)

Compliance and challenge to orders. A party affected by an emergency order shall comply immediately, but may challenge such order.

(Ord. No. 74-50, § 1(2.11))

Sec. 90-105. - Procedures under emergency.

(a)

Publication of notice. Publication of notice of an emergency due to water shortage shall be in accordance with Subsection 90-103(a).

(b)

Notice to permittees. The County Administrator shall notify each affected permittee by regular mail of any change or suspension of his permit, or any other restriction on his use for the duration of the emergency due to water shortage. The County Administrator may provide notice by another means reasonable under the circumstances if such notice is confirmed by regular mail.

(Ord. No. 74-50, § 1(2.12))

Sec. 90-106. - Reserved.

Editor's note—

Ord. No. 97-48, § 9, adopted September 23, 1997, repealed § 90-106, which pertained to lawn sprinkling regulations. See the Code Comparative Table.

Secs. 90-107—90-120. - Reserved.