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Section 8 Updated: 2025-06-01

8. Policy on Waivers, Modifications, and Innovative Allowances

8.1 Conditions for Granting Waivers

SJRWMD may, at its discretion, grant waivers, modify requirements, or accept innovative approaches when all the following conditions are met:

8.1.1 Demonstrable Performance

Equivalent or superior performance in water conservation shall be substantiated by credible technical data, including laboratory tests, third-party verifications, or validated monitoring reports.

8.1.2 Emerging Technologies and Practices

Technologies or methods not explicitly addressed in this Manual (e.g., novel gray-water reuse systems, advanced leak-detection networks) may be considered on a case-by-case basis. Such innovations must include complete specifications or detailed design documents illustrating their water-conservation potential and operational reliability.

8.1.3 Site-Specific Constraints

Physical, environmental, or regulatory constraints (e.g., heritage-preservation restrictions, utility easement limitations, protected habitat considerations) that preclude strict adherence to a criterion. The Applicant must demonstrate through plans, site photographs, or official correspondence that no practical alternative exists.

8.1.4 Pilot or Demonstration Projects

Limited-scope or pilot installations intended to evaluate novel practices may receive temporary modifications under an approved test plan. Outcomes from these pilots will inform potential future incorporation of the practice into standard criteria.

8.2 Documentation and Transparency

All granted waivers, modifications, or innovative allowances shall be recorded in the FWS Program documentation, including:

8.2.1 Requirement Description

A clear description of the requirement being altered.

8.2.2 Rationale and Evidence

Rationale and evidence supporting the deviation.

8.2.3 Performance Monitoring

Any performance monitoring or follow-up obligations.

8.2.4 Public Notice

Public notice of significant FWS Program changes may be provided via the FWS website or FWS Program bulletins, ensuring transparency and stakeholder awareness.

8.3 Integrity of the FWS Program

Any deviation must preserve the impartiality, consistency, and credibility of the FWS certification. Waivers and modifications shall not be applied in a manner that compromises overall FWS Program objectives or creates undue precedent.

8.4 Procedures for Waiver, Modification, and Innovative Allowance Requests

8.4.1 Submission Requirements

All requests must be submitted in writing via email to the FWS Program Administrator and request shall include:

  • Requestor name, organization, and contact information
  • Description of the specific requirement(s) to be waived, modified, or supplemented
  • Rationale and supporting technical data (e.g. test reports, design drawings, site photos)
  • Proposed alternative approach or performance claim
  • Any relevant project or permit identifiers

8.5 Logging, Tracking, and Cataloging

Upon receipt, the FWS Program Administrator shall assign a unique Request ID and log the following in the Waiver Register:

8.5.1 Waiver Register Contents

  • Date received and Request ID
  • Requestor and project name
  • Nature of deviation (waiver, modification, innovative allowance)
  • Severity category

8.5.2 Public Access

The Waiver Register shall be maintained as a public record on the FWS portal, updated within 3 business days of any status change.

8.6 Severity Categories

Requests shall be categorized by the FWS Program Administrator as:

8.6.1 Minor

Limited impact on performance or scope (e.g. small tolerance adjustments).

8.6.2 Moderate

Noticeable deviation requiring technical review (e.g. alternative fixture testing).

8.6.3 Major

Significant or precedent-setting changes (e.g. new technology not covered by existing criteria).

8.7 Evaluation Timelines

8.7.1 Minor Requests

Review and decision by FWS Program Administrator within 10 business days.

8.7.2 Moderate Requests

  • Technical review by FWS Program Administrator; draft recommendation within 15 business days
  • Final decision by FWS Program Administrator or escalation within 20 business days

8.7.3 Major Requests

  • Preliminary review and completeness check by FWS Program Administrator within 5 business days
  • Technical Advisory Committee (TAC) dossier preparation within 10 business days
  • TAC meeting or written ballot and decision within 30 business days of completeness confirmation

8.8 Decision Authorities and Escalation

8.8.1 FWS Program Administrator

Authority:

  • Authorized to approve or deny Minor requests
  • May approve or deny Moderate requests or escalate to SJRWMD for unresolved or borderline cases

8.8.2 SJRWMD

Authority:

  • Authorized to approve or deny Moderate requests when escalated
  • May convene the TAC for input or final determination on Moderate or Major requests

8.8.3 Technical Advisory Committee (TAC)

Authority:

  • Convened by SJRWMD for evaluation of Major requests or any request requiring broader expert review
  • TAC decisions require a simple majority vote; SJRWMD issues the final determination

8.9 Notification and Documentation

8.9.1 Decision Notification

The FWS Program Administrator shall issue written notification of the decision to the Requestor within 5 business days of final determination.

8.9.2 Approved Request Documentation

Approved requests will be documented in an updated FWS Program bulletin and appended to the public Waiver Register.

8.9.3 Denied Request Documentation

Denied requests and rationales shall be logged internally; summary statistics of denials shall be included in the annual FWS Program report.