40D-3.021: Definitions
40D-3.037: Rules and Publications Incorporated by Reference
40D-3.038: Violations of Contractor Licensing Requirements
40D-3.101: Content of Application
40D-3.301: Conditions for Issuance of Permits
40D-3.411: Well Completion Report
40D-3.531: Abandoned Well Plugging
PURPOSE AND EFFECT: The purpose of this rulemaking is to make minor corrections to existing District water well construction permitting rules and incorporate related amendments recently adopted by the Department of Environmental Protection for water well construction. Rule 40D-3.021, F.A.C., is amended to correct typographical errors; Rule 40D-3.037, F.A.C., is amended to reference updated DEP rules and the District’s website; Rule 40D-3.038, F.A.C., is revised to conform the District’s rule to the related DEP rule; Rule 40D-3.101, F.A.C., is amended to incorporate revisions made to other District rules cited therein; subsection 40D-3.301(3), F.A.C., is deleted as it is no longer required; and minor clarifying edits are made to Rules 40D-3.411 and 40D-3.531, F.A.C. The effect of this rulemaking will be to make the District’s well construction permitting rules more accurate and up to date.
SUBJECT AREA TO BE ADDRESSED: Water well construction permitting.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171, 373.309, 373.323(8), 373.337 FS.
LAW IMPLEMENTED: 373.046, 373.106, 373.109, 373.206, 373.207, 373.209, 373.306, 373.308, 373.309, 373.313, 373.316, 373.319, 373.323, 373.324, 373.333, 373.336 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40D-3.021 Definitions.
When used in this Chapter:
(1) No change.
(2) “Annulus” or “annular space” means any artificially created void existing between a well casing or liner pipe and a borehole wall, or between two casings or between tubing and the casing or for liner pipe.
(3) through (34) No change.
Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.106, 373.306, 373.308, 373.309, 373.313, 373.316, 373.319, 373.323 FS. History–Readopted 10-5-74, Formerly 16J-3.02, Amended 7-1-90, 9-30-91, 12-31-92,_______.
40D-3.037 Rules and Publications Incorporated by Reference.
(1) The regulations promulgated by the Department governing the construction of water wells as set forth in Chapter 62-532, F.A.C. (3-28-02), the construction of water wells in delineated areas as set forth in Chapter 62-524, F.A.C. (6-27-00), the licensing requirements for Water Well Contractors as set forth in Chapter 62-531, F.A.C. (11-25-07) (7-17-03), and the construction of public supply water wells as set forth in Chapter 62-555, F.A.C. (1-17-05) (4-10-03), are hereby incorporated by reference and made a part of this rule and shall apply to all water wells constructed, repaired, modified or abandoned in the District.
(2) No change.
(3) Well Construction Forms are incorporated by reference into Rule 40D-1.659, F.A.C., and are available from the District upon request and from the District’s website at www.watermatters.org.
Specific Authority 373.044, 373.113, 373.309 FS. Law Implemented 373.046, 373.308, 373.309, 373.323, 373.324, 373.333 FS. History– New 7-1-90, Amended 12-31-92, 4-11-94, 6-27-94, 9-22-94, 7-5-95, 10-19-95, 7-15-99, 6-23-03, 1-8-04,_________.
40D-3.038 Violations of Contractor Licensing Requirements.
(1) No change.
(2) A contractor is requested required to inform the District within 15 days of any change in the contractor's mailing address.
(3) through (4) No change.
Specific Authority 373.044, 373.113, 373.171, 373.309, 373.323(8), 373.337 FS. Law Implemented 373.323, 373.324, 373.333, 373.336 FS. History–New 7-1-90, Amended 12-31-92, 2-1-05,________.
40D-3.101 Content of Application.
(1) Applications for permits required by this chapter shall be submitted to the District. All permit applicants shall submit the form entitled “State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well”, adopted by reference in Rule subsection 40D-1.659(4), F.A.C. Except for replacement and domestic use wells, all applications to construct a well within the Most Impacted Area of the Southern Eastern Tampa Bay Water Use Caution Area, as set forth in subparagraph 40D-2.801(3)(b)2., and Figure 2.1, Section 7.2.8.A and Figure 7.2-2, of the Basis of Review for Water Use Permit Applications, adopted by reference in Rule 40D-2.091, F.A.C., shall include the form entitled “Well Verification For All Non-Domestic Use Wells Located in the Most Impacted Area of the Southern Eastern Tampa Bay Water Use Caution Area”, adopted by reference in Rule subsection 40D-1.659(7), F.A.C.
(2) A permit applicant seeking to drill a public supply well shall submit:
(a) No change.
(b) A completed Southwest Florida Water Management District “Public Supply Well Information and Classification Form”, adopted by reference in Rule 40D-1.659, F.A.C. form number 42.10-001, revised August 1992; and
(c) Four sets of site plans signed, sealed and dated prepared by a licensed professional registered engineer. Applicants for permits on existing projects may submit pre-existing site plans or detailed legal plats.
(3) No change.
Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.109, 373.308, 373.309, 373.313, 373.316 FS. History–Readopted 10-5-74, Formerly 16J-3.07, Amended 7-1-90, 9-30-91, 12-31-92, 4-11-94, 10-19-95, 2-26-07,________.
40D-3.301 Conditions for Issuance of Permits.
(1) through (2) No change.
(3) All non-government (privately) owned public supply applicants in Florida Public Service Commission (FPSC) jurisdictional counties, and applicants otherwise regulated by the FPSC, must submit with their application, either an FPSC certificate of authorization to provide water service, or an order of exemption from the FPSC.
Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.109, 373.306, 373.308, 373.309, 373.313 FS. History–Readopted 10-5-74, Formerly 16J-3.11(1)-(3), Amended 1-8-87, 7-1-90, 12-31-92, 7-2-98,________.
40D-3.411 Well Completion Report.
(1) Well completion reports are required for the construction, repair, modification or abandonment of all wells. The District’s receipt of a well completion report raises the rebuttable presumption that all work under the permit has been completed or has ceased.
(a) The water well contractor or any individual permittee shall submit to the District the form entitled “Well Completion Report”, adopted by reference in Rule subsection 40D-1.659(5), F.A.C., within 30 days of the expiration of the permit.
(b) No change.
(c) The District shall require a record of the well construction at any time prior to the submittal of the completion report if any drilling problems are encountered during well construction. The District may request a record either orally or in writing. The water well contractor or individual permittee shall provide the record within seven days of receipt of the District’s request.
(d) No change.
(2) No change.
Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.308, 373.309, 373.313 FS. History–Readopted 10-5-74, Amended 10-24-76, Formerly 16J-3.09, 16J-3.14, Amended 7-1-90, 9-30-91, 12-31-92, 10-19-95, 1-1-01, 2-26-07,_________.
40D-3.531 Abandoned Well Plugging.
(1) The form entitled “State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well”, adopted by reference in Rule subsection 40D-1.659(4), F.A.C., shall be submitted to the District prior to the abandonment of any well, including an incomplete well.
(2) No change.
(3) All abandoned and incomplete wells shall be plugged by filling them from bottom to top with grout. The work shall be performed by a licensed water well contractor except for wells exempted under subsection 40D-3.051(1) and wells permitted to be constructed or abandoned pursuant to paragraph 40D-3.301(1)(a), F.A.C.
(a) through (b) No change.
(4) No change.
(5) The “Well Grouting/Abandonment Form”, adopted by reference in Rule subsection 40D-1.659(6), F.A.C., will be used to document the well abandonment.
Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.206, 373.207, 373.209, 373.306, 373.308, 373.309 FS. History–New 7-1-90, Amended 9-30-91, 12-31-92, 7-2-98, 9-26-02, 2-26-07,_________.