District Issues Hurricane Emergency Orders 

I.    Orders Applicable to All Affected by the Hurricanes

On August 10, 2004, Governor Bush issued Executive Order No. 04-182, declaring a state of emergency for the State of Florida in anticipation of the pending landfall of Hurricane Charley.  On September 1, 2004, Governor Bush issued Executive Order No. 04-192, declaring a state of emergency for the State of Florida in anticipation of the pending landfall of Hurricane Frances.  In conjunction with the Governor's Executive Orders, the Southwest Florida Water Management District issued Executive Director Order Nos. SWF 04-067, 04-068, 04-069, 04-070 and 04-076. 

On August 10, 2004, the Executive Director issued Order No. SWF-067 that provided that the Executive Director may suspend District rules to assist with meeting the emergency anticipated to be the result of Hurricane Charley.  

On August 24, 2004 the Executive Director issued Order No. SWF04-070 relating to Hurricane Charley and on September 10, issued SWF 04-076 relating to Hurricane Frances (the "Orders").  The Orders declare an emergency within the District and set forth modified permitting and compliance procedures for Chapters 40D-2, 40D-4, 40D-40 and 40D-400 FAC to facilitate and expedite hurricane recovery activities for those affected by the hurricanes. 

District Resources Available to State Emergency Management - The Orders allow staff and District equipment to be available to carry out emergency operations for Division of Emergency Management and any other government agency in managing any emergency resulting from Hurricane Charley or Hurricane Frances.

Emergency Environmental Resource Permitting - The Orders allow for "no notice" repair or restoration of strutures and drainage systems landward of the coastal construction control line that are still intact to the pre-hurricane legally existing configuration.  Restoration, without notice, of uplands, wetlands and submerged land contours to pre-hurricane legally exisitng configurations by governmental entities is authorized.

Field authorizations issued by Authorized Representatives are provided in lieu of the formal permits normally required for reconstruction and repair of buildings, roads, drinking water systems, utility systems, and the construction of temporary housing, medical and other disaster response facilities that are needed due to damage from Hurricane Frances.  Other types of restoration, repair and reconstruction activities that are necessitated by the hurricanes that normally require a permit may be authorized through a field authorization.  The District's Authorized Representatives include the Regulation Directors in each service office.

Emergency Water Use Permitting - The Orders allow Authorized Representatives to defer compliance with any terms and conditions of a WUP affected by the emergency for such time as is necessary to address the emergency, and to protect public health, safety, and welfare. 

The District recognizes that the hurricane may have affected permittees directly, by causing damage to the land encompassed by a permit, or indirectly, by damaging the permittee’s households or businesses.  Additionally, the District recognizes that permittees may be affected because of damage to properties or businesses used by the Permittee, such as consultants and grove managers.  Therefore, the District has undertaken initiatives to remove the burdens of activities related to water use permits in order to allow permittees to focus on activities more pressing.  The items deferred or extended for those affected by the hurricanes are as follows:

Permit Reporting Requirements Postponed

The District has postponed meter readings, pumpage data, crop reports, and any other reporting requirements and submittal of as-builts through December 31, 2004 as a means of assisting persons affected by Hurricane Charley.  These reports will have to be submitted as of that date, unless extended.

Permit Expiration Dates Extended

Permits with expiration dates of August 23, 2004 through December 30, 2004 are extended until December 31, 2004.

Emergency Permitting - Emergency permits and permit modifications may be granted for activities necessitated by the hurricane.  In these cases formal application submittal and fees are deferred until December 31, 2004.

Permitting Deadlines Tolled – All deadlines imposed by any statute or rule governing permitting are tolled so that they recommence on October 31, 2004.

The Orders remain in effect until the public health, safety and welfare of all is restored.

The District includes all or part of 16 counties from Levy County to Charlotte County.
 

II.  Orders Regarding Punta Gorda and the City of North Port

Prior to the entry of the Executive Director's Orders discussed above, the Cities of Punta Gorda and North Port needed emergency authorization to address damage to their water utility systems and the provision of water to residents.

The emergency order for Punta Gorda allows the city’s water utility system to use as much water as is necessary to maintain system pressure and complete the required line flushing, chlorine residuals testing, and bacteriological sampling in order to open the water service distribution system for normal public use.  Water use is authorized as necessary during the emergency to protect the public health, safety and welfare of the citizens of Punta Gorda.

The emergency order for North Port authorizes the city to pump as much water as is needed from its permitted sources to continue to assist the Peace River/Manasota Regional Water Supply Authority. Water use is authorized as necessary during the emergency to protect the public health, safety and welfare of the citizens of Charlotte and DeSoto counties.

The Peace River Manasota Regional Water Supply Authority’s regional water storage and distribution system was damaged by the hurricane.  Public and private water supply systems within DeSoto and Charlotte counties have also been damaged.  Due to the damage, the Authority’s supply is being supplemented by the city of North Port to maintain adequate pressure within the public supply system to provide water to Charlotte County.  Damage to other public and private water supply systems has left large segments of the population in Charlotte and DeSoto counties without a water supply.

Both orders require the cities to indicate the starting and ending dates of emergency operations and continue to meter their water use.  If metering is not possible due to damaged equipment, the cities may provide estimated quantities.  This data must be reported to the District.

The Orders remain in effect until the public health, safety and welfare of all is restored.