10512392, 40D-3.321 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10512392

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

REGULATION OF WELLS

Overview

RULE:

40D-3.321	Duration of Permits
40D-3.502	Construction Methods
40D-3.517	Grouting and Sealing

PURPOSE:

Proposed amendments will allow all well construction permits to be extended up to 1 year and eliminate outdated provisions, in an effort to reduce regulatory burdens, remove outdated rule provisions and help streamline permitting requirements. This rulemaking is one of the initiatives identified by the District as part of its rule review in response to Executive Order No. 11-72, to identify rules for amendment or repeal that are unnecessarily burdensome, no longer necessary or duplicative of statutory language.

SUMMARY:

Currently, well construction permits may be extended only once for a period up to 90 days, except well construction permits for public supply wells, which may be extended as needed for a total period of not more than 1 year, in 90-day increments. Rule 40D-3.321, F.A.C., is amended to allow all well construction permits to be extended up to 1 year, in increments of 90 days, as is allowable for public supply wells. This will eliminate the necessity to reapply and pay an additional permit fee for those situations where a well requires a considerable length of time to complete construction due to unusual factors or the necessity to await issuance of related approvals.
Amendments are also proposed to Rules 40D-3.502 and 40D-3.517, F.A.C., to delete outdated references to soil borings and foundation holes. These construction activities, which involve activities similar to construction of a well hole, previously were regulated under the District’s well construction rules but are no longer intended to be included in such regulations.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171, 373.309, 373.337 FS.

LAW:

373.306, 373.308, 373.309, 373.313 FS.

PRINT PUBLISH DATE:

10/14/2011 Vol. 37/41

COMMENTS:

From 10/14/2011 To 11/4/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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