28440320, 40C-3.0321 - Florida Administrative Rules, Law, Code, Register

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Notice: 28440320

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

WATER WELLS

Overview

RULE:

40C-3.0321	Delegation
40C-3.035	Agreements
40C-3.036	Forms and Instructions
40C-3.041	Permits Required
40C-3.051	Exemptions
40C-3.101	Content of Application
40C-3.461	Inspection
40C-3.502	Construction Methods
40C-3.512	Well Construction Requirements
40C-3.517	Grouting and Sealing
40C-3.521	Well Seals

PURPOSE:

The purpose and effect of the proposed rule amendments are to:  (1) update the delegation of authority for the Executive Director to designate staff to carry out various tasks under Chapter 40C-3, F.A.C. (in Rule 40C-3.0321, F.A.C.);  (2) incorporate by reference updated water well permitting delegation agreements between St. Johns River Water Management District (District) and Brevard County, City of Jacksonville, Indian River County, Marion County, and Osceola County (in Rule 40C-3.035, F.A.C.);  (3) incorporate by reference a new water well permitting delegation agreement with Seminole County (in Rule 40C-3.035, F.A.C.);  (4) incorporate by reference a new water well permitting delegation agreement with the Suwannee River Water Management District (Suwannee) regarding the small portion of Bradford County within the District’s boundary that is not currently regulated by Suwannee under Part III of Chapter 373, Fla. Stat., (in Rule 40C-3.035, F.A.C.);  (5) repeal incorporation of a now-rescinded water well permitting delegation agreement between the District and St. Johns County (in Rule 40C-3.035, F.A.C.);  (6) incorporate references to standards and methods contained within rules of the Florida Department of Environmental Protection (FDEP) that are incorporated within Chapter 40C-3 (in Rule 40C-3.036, F.A.C.);  (7) clarify that wells, which supply water to public water systems not covered or included in the Florida Safe Drinking Water Act, are included in the category of Public Water Supply Well (in Rule 40C-3.041(5), F.A.C.);  (8) delete a refence to Chapter 40C-5, which was repealed in 2015 (in Rule 40C-3.051(6), F.A.C.);  (9) update/clarify contents of the permit application (in Rule 40C-3.101, F.A.C.);  (10) delete charge for metallic water well tags (in Rule 40C-3.461, F.A.C.);  (11) incorporate references to Rule 62-761.640(2), F.A.C., for monitor wells to meet requirements in Chapter 62-761, F.A.C., general reference to Chapter 62-524, F.A.C., and references to setback requirements of 62-532.400(7) and (8), F.A.C. (in Rules 40C-3.036 and 40C-3.502, F.A.C.);  (12)  incorporate references to AWWA Standard Al00-84, Section 11.4 ,guidelines for disinfection of filter or gravel pack materials, and Environmental Protection Agency methods 601, 602 and 610 (in Rules 40C-3.036 and 40C-3.512, F.A.C.);  (13) incorporate reference to Rule 62-761.640, F.A.C., for monitor wells to meet requirements in Chapter 62-761, F.A.C. (in Rule 40C-3.517, F.A.C.);  (14)  clarify incorporation of permanent monitoring well protection requirements of 62-761, F.A.C.  (in Rules 40C-3.036 and 40C-3.521, F.A.C.); and (15) otherwise update, clarify, or simplify water well-related rules.

SUBJECT:

The proposed rules would: (1) incorporate District’s water well permitting delegation agreements, allowing for local regulation of the construction, repair, and abandonment of certain water wells, as well as general compliance responsibilities, plus a limited ability to grant variances, and repeal one water well permitting delegation agreement; (2) incorporate certain standards and methods contained within rules of the FDEP that are incorporated in Chapter 40C-3; (3) delete outdated rule references; and (4) update, clarify, or simplify water well-related rules.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171, 373.309, FS.

LAW:

373.019, 373.046, 373.083(5), 373.103, 373.109, 373.303, 373.306, 373.308, 373.309, 373.313, 373.316, 373.319, 373.326, 373.337, 373.342, F.S.

PRINT PUBLISH DATE:

6/12/2024 Vol. 50/115

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118, 373.171, 373.309, FS., 373.019, 373.046, 373.083(5), 373.103, 373.109, 373.303, 373.306, 373.308, 373.309, 373.313, 373.316, 373.319, 373.326, 373.337, 373.342, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40C-3.0321&PDate=6/12/2024&Section=1

REFERENCE MATERIALS:

No reference(s).

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