30670447, 40C-3.0321 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 30670447

Notice of Proposed Rule

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 Publications Incorporated by Reference
40C-3.041	Permits Required
40C-3.051	Exemptions
40C-3.101	Content of Application
40C-3.301	Conditions for Issuance of Permits
40C-3.411	Well Completion Report
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
40C-3.531	Abandoned Well Plugging

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 40C-3.0321); (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, Osceola County, and St. Johns County (in 40C-3.035); (3) incorporate by reference new water well permitting delegation agreements with Alachua County and Seminole County (in 40C-3.035); (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, F.S. (in 40C-3.035); (5) add Department of State (DOS) links for several existing agreements referenced that currently lack a DOS link (in 40C-3.035); (6) incorporate references to standards and methods contained within rules of the Florida Department of Environmental Protection (DEP) that are incorporated within Chapter 40C-3 (in 40C-3.036); (7) update District’s address and telephone number for obtaining copies of incorporated materials (in 40C-3.036); (8) delete all references to Chapter 62-671, F.A.C., and rules within Chapter 62-671 (in 40C-3.036, 40C-3.411, 40C-3.502, 40C-3.517, and 40C-3.521); (9) 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 40C-3.041(5)); (10) clarify requirements for wells constructed under section 373.326(2), F.S., and delete a reference to Chapter 40C-5 that was repealed in 2015 (in 40C-3.051); (11) update/clarify application requirements, including that a person with sufficient legal interest or control over the land or their agent must sign the permit application (in 40C-3.101); (12) update/clarify the conditions for issuance of a water well permit and clarify duration of permit (in 40C-3.301); (13) update inspection criteria and delete District offer to sell water well tags (in 40C-3.461); (14) incorporate 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 40C-3.036 and 40C-3.502); (15) update and incorporate references to AWWA Standard C654-21, Section 4.3, guidelines for disinfection of filter or gravel pack materials, U.S. Environmental Protection Agency (EPA) EPA-570/9-75-001, Section 54.001-000-000, and EPA methods 601, 602 and 610 (in 40C-3.036 and 40C-3.512); (16) delete references to Chapters 62-550, 62-555, 62-560, 62-610, 62-761, 64E-8, and 64E-6, F.A.C. (in 40C-3.502); (17) add map of and reference the Picketville Landfill Special Construction Criteria Area located within Duval County, Florida (in 40C-3.502 and 40C-3.512); (18) add map of and reference the Fairbanks Special Construction Criteria Area located within Alachua County, Florida (in 40C-3.502 and 40C-3.512); (19) amend grouting and sealing rule to clarify grouting and sealing requirements for jetted wells, allow increased use of bentonite, clarify protection of monitoring wells, and allow use of bentonite chips or pellets for abandonment under specific conditions (in 40C-3.517); (20) clarify well seal requirements for a monitoring well (in 40C-3.521), and (21) clarify a water well contractor’s and property owner’s responsibility to plug an uncompleted or unsuitable well, and clarify a property owner’s responsibility to ensure that an abandoned well is plugged by a water well contractor (in 40C-3.531).

SUMMARY:

The proposed rules would: (1) incorporate various water well permitting delegation agreements, allowing for local regulation of the construction, repair, and abandonment of certain water wells, as well as some compliance responsibilities, plus a limited ability to grant variances; (2) incorporate certain standards and methods contained within rules of DEP that are incorporated in Chapter 40C-3; (3) update the address and telephone number of District offices; (4) clarify what is a Public Water Supply Well; (5) clarify requirements for exempt wells constructed under 373.326(6) and delete outdated reference to Chapter 40C-5; (6) update/clarify application requirements; (7) update/clarify conditions for issuance of a water well permit and clarify duration of permit; (8) update inspection criteria and clarify water well tag requirement; (9) insert figures of special construction criteria areas; (10) amend and clarify grouting and sealing requirements and requirements for well abandonment; (11) clarify responsibility for plugging uncompleted or unsuitable wells and responsibility for plugging abandoned wells; and (12) delete outdated or unincorporated rule references or standards.

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:

3/24/2026 Vol. 52/57

COMMENTS:

From 3/24/2026 To 4/14/2026 (21 Days)

REFERENCE MATERIALS:

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