15503333, 40D-3.037 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15503333

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

REGULATION OF WELLS

Overview

RULE:

40D-3.037	Rules, Publications and Agreements Incorporated by Reference
40D-3.041	Permits Required
40D-3.045	Water Use Permit Required
40D-3.060	General Permit for Monitoring Wells
40D-3.492	Violations
40D-3.507	Casing and Liner Pipe Standards
40D-3.517	Grouting and Sealing
40D-3.531	Abandoned Well Plugging

PURPOSE:

The purpose of this rulemaking is to update the District’s water well regulation rules to reflect recent statutory amendments for water well contractor licensing, incorporate by reference updated versions of related rules adopted by the Department of Environmental Protection (DEP), directly incorporate by reference certain materials that are already incorporated into DEP’s well construction rules and adopt a new general permit for certain environmental monitoring wells. The effect of these amendments will be to make the District’s water well regulations consistent with DEP’s related rules and with recent statutory changes for water well contractor licensing, and reduce costs associated with certain environmental monitoring wells that are part of a contaminated site assessment, remedial action plan or pilot study approved by the DEP pursuant to Chapter 62-780, F.A.C.

SUMMARY:

Rule 40D-3.037, F.A.C., is amended to incorporate updated versions of related DEP water well rules in Chapters 62-524, 62-528, 62-531, 62-532, and 62-555, F.A.C. The Water Well Construction Disciplinary Guidelines and Citations Dictionary adopted by DEP in June 2014 is also incorporated by reference.  To address concerns raised in earlier rulemaking by the Joint Administrative Procedures Committee, publications that are identified in DEP’s related rules will now be directly incorporated into the District’s well regulation rules. These materials are already contained in DEP rules and do not represent new requirements for water well contractors.  Amendments also incorporate updated versions of the District’s Application for Water Well Contractor License and Renewal License Application forms, to reflect recent statutory changes. Rule 40D-3.041 is amended to reflect the fact that under a new general permit rule, certain monitor wells will not require application for a well construction permit.  Rule 40D-3.045, F.A.C., is amended to limit the rule’s requirement to wells for which an individual water use permit is required, in recognition that the District’s water use permitting rules now allow for general water use permits by rule.  Rule 40D-3.060, F.A.C., establishes a new general permit for the construction, repair, modification or abandonment of certain monitoring wells that are part of an environmental site assessment, remedial action plan or pilot study approved by DEP pursuant to Chapter 62-780, F.A.C.  Rule 40D-3.492, F.A.C., is amended to make more complete the list of actions, omissions or conduct that constitute violations of Chapter 40D-3, F.A.C.  Rules 40D-3.507 and 40D-3.517, F.A.C., are amended to correct a citation to DEP rules.  Rule 40D-3.531, F.A.C., is amended to adopt a revised version of the District’s Well Grouting/Abandonment Form.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171, 373.309, 373.337, F.S.

LAW:

373.046, 373.103, 373.106, 373.118, 373.206, 373.207, 373.209, 373.306, 373.308, 373.309, 373.313, 373.316, 373.323, 373.324, 373.333, 373.342, F.S.

PRINT PUBLISH DATE:

1/7/2015 Vol. 41/04

COMMENTS:

From 1/7/2015 To 1/28/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-02252 General Criteria for Class V Wells

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