reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.031 - Implementation

Current through Reg. 50, No. 138; July 16, 2024
(1) An individual water use permitting
				program became effective on October 1, 1982, and has been implemented
				throughout the District.
(2) A
				general water use permit by rule permitting program became effective on March
				24, 2014 and has been implemented throughout the District.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.171 FS. Law Implemented
					  373.103,
					  373.118,
					  373.216,
					  373.226 FS.
New 10-1-82, Amended 4-14-08,
					 3-24-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.041 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				expressly exempted by law or District rule, a water use permit must be obtained
				from the District prior to any use, withdrawal, or diversion of
				water.
(2) A water user shall
				obtain one permit for all withdrawals that are intended to serve contiguous
				property. Two or more properties represented to be separate properties shall be
				aggregated and treated as a single property for permitting purposes when the
				District determines that the properties are physically proximate and either (a)
				share the same irrigation infrastructure or (b) are operated as a common
				enterprise. However, when multiple use types, as defined in Rule
				 40B-2.501, F.A.C., are served by
				separate withdrawal facilities, the District is authorized to issue separate
				individual permits.
(3) An
				individual permit is required for any use of water that is non-exempt pursuant
				to Rule  40B-2.051, F.A.C., and does not
				qualify for a General Permit by Rule pursuant to subsections (8) and (9)
				below.
(4) Either the Executive
				Director or the Assistant Executive Director may approve individual permit
				applications without a hearing, except:
(a)
				Any application recommended for denial shall be presented to the Governing
				Board for final agency action;
(b)
				All beverage processing regardless of the quantity of the withdrawal or
				diversion; or
(c) Withdrawals or
				diversions which are greater than or equal to one million gallons per day
				average daily rate of withdrawal.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.042 - General Permits Granted by Rule (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54(5),
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					  120.60,
					  373.116,
					  373.229,
					  373.239 FS.
New 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
The following activities are exempt from the requirements of
				  obtaining water use permits specified in Rule 40B-4.041, F.A.C. No permit is
				  required for:
(1) Domestic uses as
				defined in Section  373.019(6),
				F.S.;
(2) Water used strictly for
				fire-fighting purposes;
(3)
				Withdrawals made for dewatering activities for a total period not to exceed 180
				consecutive days;
(4) Withdrawals
				or diversions from artificial retention structures when the withdrawal or
				diversion is needed to facilitate repair or maintenance of the retention
				structure; and
(5) Groundwater
				remediation authorized by the Florida Department of Environmental Protection
				pursuant to Chapter 403, F.S. and Title 62, F.A.C.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.219
					 FS.
New 10-1-82, Amended 5-1-83,
					 1-6-10.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.101 - Content of Application

Current through Reg. 50, No. 138; July 16, 2024
Applications for permits required by this chapter shall be
				  filed with the District and contain the following:
(1) The information specified in Section
				 373.229, F.S.;
(2) The appropriate application form
				incorporated by reference in Rule
				 40B-2.041, F.A.C., which is
				available at District headquarters and on the District's website at
www.mysuwanneeriver.com
.
(3) Best available technical and other
				supporting information sufficient to demonstrate that the use meets the
				conditions for issuance as specified in Section
				 373.223(1),
				F.S., and Rule  40B-2.301, F.A.C. Any supporting
				information or calculations required to be prepared by a professional regulated
				under Florida law shall bear the certification of such professional.
(4) The relevant information required by
				Section 1.0, Water Use Permit Applicant's Handbook.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 120.60,
					 373.016,
					 373.019,
					 373.023,
					 373.042,
					 373.0421,
					 373.083,
					 373.103,
					 373.116,
					 373.117,
					 373.1175,
					 373.118,
					 373.171,
					 373.185,
					 373.216,
					 373.219,
					 373.223,
					 373.226,
					 373.227,
					 373.228,
					 373.229,
					 373.232,
					 373.236,
					 373.239,
					 373.244,
					 373.246,
					 373.250
					 FS.
New 10-1-82, Amended 1-6-10,
					 3-24-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.111 - Notice of Application (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					  373.116,
					 373.216 FS. Law Implemented
					 373.116,
					  373.229 FS.
New 10-1-82, Repealed
					 6-16-88.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.121 - Publishing and Disbursement of Notices (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.117,
					 373.216 FS. Law Implemented
					  373.116,
					  373.229 FS.
New 10-1-82, Repealed
					 6-16-88.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.131 - Schedule for Receiving Comments, Board Action, and Administrative Hearings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.117,
					 373.216,
					 373.239 FS. Law Implemented
					  120.53,
					  120.60,
					  373.116,
					  373.229 FS.
New 10-1-82, Repealed
					 6-16-88.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.201 - Permit Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.109
					 FS.
New 10-1-82, Amended 5-1-83, 6-16-88, 1-6-10, Repealed by
					 Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.301 - Conditions for Issuance of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				To obtain a water use permit, renewal, or modification, an applicant must
				provide reasonable assurance that the proposed consumptive use of water, on an
				individual and cumulative basis:
(a) Is a
				reasonable-beneficial use;
(b) Will
				not interfere with any presently existing legal use of water; and
(c) Is consistent with the public
				interest.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.311 - Competing Applications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.233,
					 373.236
					 FS.
New 10-1-82, Amended 1-6-10, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.321 - Duration of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section  373.236, F.S., the District
				shall issue permits with 20-year durations when the applicant requests a
				20-year duration as part of its permit application and provides reasonable
				assurance that the District's conditions for permit issuance will be met for 20
				years.
(2) The Governing Board is
				authorized to issue permits for periods greater than 20 years pursuant to
				Sections 373.236(3), (5)(a), (5)(b)1., (6)(a), and (7), F.S.
(3) The Governing Board shall require
				ten-year compliance reports for permits with 20-year or longer durations issued
				pursuant to subsection (2) above when necessary to maintain reasonable
				assurance that the initial conditions for permit issuance will continue to be
				met for the 20-year or longer duration. Data requirements for ten-year
				compliance reports are listed in Section 4.4 of the Water Use Permit
				Applicant's Handbook.
(4) All other
				permits shall have shorter durations based upon the period of time for which
				reasonable assurances are provided that the District's conditions for permit
				issuance are met. Special duration factors listed in Section 1.5 of the Water
				Use Permit Applicant's Handbook shall be considered in determining permit
				durations.
(5) Nothing herein shall
				preclude or otherwise prevent the Governing Board from terminating, revoking,
				or temporarily suspending any permit in accordance with these rules or taking
				such other action as may be provided for in the permit.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 120.60,
					 373.016,
					 373.019,
					 373.023,
					 373.042,
					 373.0421,
					 373.083,
					 373.103,
					 373.116,
					 373.117,
					 373.1175,
					 373.118,
					 373.171,
					 373.185,
					 373.216,
					 373.219,
					 373.223,
					 373.226,
					 373.227,
					 373.228,
					 373.229,
					 373.232,
					 373.236,
					 373.239,
					 373.244,
					 373.246,
					 373.250
					 FS.
New 10-1-82, Amended 1-6-10,
					 3-24-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.331 - Modification of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) An application
				to modify a valid water use permit shall be approved by the Executive Director
				or their designee without a hearing if all the following are met:
(a) The application meets the conditions for
				issuance in Rule  40B-2.301, F.A.C., that apply to
				the modification request;
(b) The
				application increases the permitted allocation less than 100, 000 gallons per
				day, or the application increases the permitted allocation by 100, 000 gallons
				or more per day and the applicant demonstrates that the provisions of sections
				 373.239(2)(a) or
				(b), F.S. are met; and
(c) The application does not receive an
				agency recommendation for denial.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.341 - Revocation of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 120.60,
					 373.171,
					 373.243
					 FS.
New 10-1-82, Amended 1-6-10, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.351 - Transfer of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) An applicant
				requesting to continue all or part of a permitted water use that has changed
				ownership shall submit a complete Water Use Permit Transfer Form
				 40B-2.351 A,
http://www.flrules.org/Gateway/reference.asp?No=Ref-16447
,
				effective March 2024, within 180 days of the acquisition of the property or
				properties on which the permitted water use is authorized.
(2) Applicants shall provide reasonable
				assurances of the ability to operate and maintain the withdrawal and/or
				diversion facilities in accordance with the transferred permit's terms and
				conditions.
(3) Applications to
				transfer a permit under subsections (1) and (2) above that include a request to
				change the source, water use classification, withdrawal quantity, or permit
				duration from that which was previously permitted shall be processed as permit
				modifications as set forth in rule
				 40B-2.331, F.A.C.
(4) All water use under a transferred permit
				must comply with the terms and conditions of that permit.
(5) A permit not transferred as prescribed
				herein shall be void without any further action by the
				District.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 120.60,
					 373.016,
					 373.019,
					 373.023,
					 373.042,
					 373.0421,
					 373.083,
					 373.103,
					 373.116,
					 373.117,
					 373.1175,
					 373.118,
					 373.171,
					 373.175,
					 373.185,
					 373.216,
					 373.219,
					 373.223,
					 373.2234,
					 373.2235,
					 373.226,
					 373.227,
					 373.228,
					 373.229,
					 373.2295,
					 373.232,
					 373.236,
					 373.239,
					 373.243,
					 373.244,
					 373.246,
					 373.250
					 FS.
New 10-1-82, Amended 1-6-10, 3-24-14,
					 3-7-24.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.361 - Renewal of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) An application
				for permit renewal may be made at any time within one year of the expiration
				date, unless the permittee can show good cause for earlier consideration. All
				permit renewal applications shall be treated in the same manner as the initial
				application.
(2) All permit renewal
				applications shall be processed in the same manner as the original application
				and shall contain reasonable assurances that the proposed water use meets all
				of the conditions for issuance in Rule
				 40B-2.301, F.A.C., and the Water
				Use Permit Applicant's Handbook.
(3) If an application and appropriate fee for
				renewal are not received either prior to or on the permit expiration date, the
				permit shall expire without any action by the District.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 120.60,
					 373.016,
					 373.019,
					 373.023,
					 373.042,
					 373.0421,
					 373.083,
					 373.103,
					 373.116,
					 373.117,
					 373.1175,
					 373.118,
					 373.171,
					 373.185,
					 373.216,
					 373.219,
					 373.223,
					 373.226,
					 373.227,
					 373.228,
					 373.229,
					 373.232,
					 373.236,
					 373.239,
					 373.244,
					 373.246,
					 373.250
					 FS.
New 10-1-82, Amended 1-6-10, 1-6-10,
					 3-24-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.381 - Limiting Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) The Governing
				Board shall impose such reasonable conditions upon any water use permit as are
				necessary to assure that the proposed use of water is consistent with the
				overall objectives, policy, and purpose of the District as set forth in Chapter
				373, F.S., and will not be harmful to the water resources of the
				District.
(2) Standard limiting
				conditions which will be placed on every water use permit are contained in
				Section 5.1., Water Use Permit Applicant's Handbook.
(3) Special limiting conditions for each
				water use class designated in Rule
				 40B-2.501, F.A.C., are contained
				in Section 5.2., Water Use Permit Applicant's Handbook.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 120.60,
					 373.016,
					 373.019,
					 373.023,
					 373.042,
					 373.0421,
					 373.083,
					 373.103,
					 373.116,
					 373.117,
					 373.1175,
					 373.118,
					 373.171,
					 373.185,
					 373.216,
					 373.219,
					 373.223,
					 373.226,
					 373.227,
					 373.228,
					 373.229,
					 373.232,
					 373.236,
					 373.239,
					 373.244,
					 373.246,
					 373.250
					 FS.
New 10-1-82, Amended 5-1-83, 1-6-10,
					 3-24-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.441 - Temporary Water Use Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.219,
					 373.223,
					 373.229,
					 373.244
					 FS.
New 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.451 - Emergency Authorization for Withdrawal or Diversion (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.216 FS. Law Implemented
					  120.60(5),
					  373.113,
					  373.219,
					  373.244 FS.
New 10-1-82, Repealed
					 1-6-10.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.501 - Classification of Permits

Current through Reg. 50, No. 138; July 16, 2024
Each permit for water use shall be assigned one or more
				  classifications according to the source(s) of supply, method(s) of withdrawal,
				  and use(s) of the water. The classifications shall be as follows:
(1) Source of Supply Classes.
(a) Surface Water. Withdrawals from
				surfacewater bodies shall be classified by the basin or subbasin as specified
				by the rule or by the specific surfacewater source.
(b) Ground Water. Withdrawals from
				groundwater aquifers shall be classified as either Confined Floridan Aquifer,
				Unconfined Floridan Aquifer. Artesian Aquifer, or Surficial Aquifer.
(c) Alternative Water
				Supplies.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.751 - Investigation, Enforcement, and Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.129,
					 373.219(2) FS.
					 Law Implemented 373.043,
					 373.044
					 FS.
New 10-1-82, Repealed
					 1-6-10.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.781 - Enforcement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  373.044,
					 373.083,
					  373.119,
					  373.129,
					  373.136,
					 373.219(2) FS.
					 Law Implemented 373.044,
					 373.119,
					 373.129,
					 373.136,
					  373.243 FS.
New 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-2 - PERMITTING OF WATER USE › Section 40B-2.901 - Forms and Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.219,
					 373.229 FS. Law Implemented 373
					 Part II FS.
New 10-1-82, Amended 5-1-83, Repealed
					 9-7-10.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.001 - Introduction (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 373 FS. Law Implemented
					 373.016,
					 373.026,
					 373.043,
					 373.103,
					 373.113,
					 373.306,
					 373.309
					 FS.
New 4-13-81, Amended 9-15-81, Repealed
					 1-31-82.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.011 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.103(1),
					 373.306,
					 373.308,
					 373.309,
					 373.313,
					 373.314,
					 373.316,
					 373.323(2),
					 373.326,
					 373.329,
					 373.333,
					 373.342
					 FS.
New 1-31-83, Amended 7-1-85, 8-15-89, 6-22-99, Repealed by
					 Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.031 - Implementation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.103(1),
					 373.306,
					 373.308,
					 373.309,
					 373.313,
					 373.314,
					 373.316,
					 373.319,
					 373.323(2),
					 373.326,
					 373.329,
					 373.333,
					 373.342
					 FS.
New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85, Repealed by
					 Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.032 - Delegation

Current through Reg. 50, No. 138; July 16, 2024
The authority for general administration of Part I of Chapter
				  40B-3, F.A.C., is delegated to the Executive Director of the District. It is
				  the policy of the Board that in making this delegation the Executive Director
				  may designate specific staff members to carry out various tasks, but that
				  overall supervision and responsibility shall rest with the Executive Director.
				  The Executive Director is expressly authorized to issue permits under this
				  chapter as provided in Section
				   373.342(1),
				  F.S.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.308,
					 373.309(2),
					 373.342
					 FS.
New 7-1-85, Amended
					 6-22-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.037 - Water Well Contractor Licensing

Current through Reg. 50, No. 138; July 16, 2024
Minimum standards for licensing water well contractors shall
				  be in accordance with Chapter 62-531, F.A.C., (August 7, 2019), which is
				  incorporated by reference in subsection
				   40B-3.035(2),
				  F.A.C., and the Water Well Construction Disciplinary Guidelines and Citations
				  Dictionary (June 22, 2014), incorporated by reference in paragraph
				   40B-3.035(2)(a),
				  F.A.C. The licensing program shall be administered and enforced by the District
				  under the authority delegated to it by the Department.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.046,
					 373.308,
					 373.309,
					 373.323
					 FS.
New 7-1-85, Amended 8-15-89, 6-22-99,
					 4-17-23.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.038 - Violations of Licensing Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.323,
					 373.326,
					 373.333,
					 373.336
					 FS.
New 7-1-85, Amended 8-15-89, 6-22-99, Repealed by Section
					 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.039 - Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.129,
					 373.308,
					 373.309,
					 373.336
					 FS.
New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.0391 - Enforcement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					  373.119,
					  373.129,
					 373.136,
					 373.171,
					 373.309,
					 373.333 FS. Law Implemented
					 373.119,
					 373.129,
					  373.306,
					  373.313,
					  373.333,
					  373.336 FS.
New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.040 - Scope of Part I

Current through Reg. 50, No. 138; July 16, 2024
The rules in this part relate to the permitting requirements
				  applicable to the construction, repair, or abandonment of wells. Unless
				  expressly exempt by statute or this rule, all wells must be permitted prior to
				  construction, repair, or abandonment, and must be constructed, repaired, or
				  abandoned by a licensed water well contractor. Persons who desire to construct
				  their own wells two inches or less in diameter for those private uses outlined
				  in Section  373.326, F.S., may apply and be
				  issued permits for well construction without a water well contractor's
				  license.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.303,
					 373.308,
					 373.309,
					 373.316,
					 373.326,
					 373.342
					 FS.
New 7-1-85, Amended
					 6-22-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.041 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
Unless expressly exempted by law or District rule, a permit
				  must be obtained from the District prior to the construction, repair, or
				  abandonment of any well within the District. Applications for permits required
				  by this rule shall be considered under the general permit procedures of Chapter
				  28-107, F.A.C., and, if in a delineated area established by the Department as
				  defined in subsection
				   62-524.200(2),
				  F.A.C., and as incorporated in Rule
				   62-524.430, F.A.C., the
				  applicant must also meet the requirements of Chapter 62-524,
				  F.A.C.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.136,
					 373.171,
					 373.308,
					 373.309,
					 373.333 FS. Law Implemented
					  373.103,
					  373.309,
					  373.313,
					  373.316,
					  373.308,
					  373.309 FS.
New 4-15-81, Amended 9-15-81, 1-31-83, 1-11-84, 7-1-85,
					 6-16-88, 8-20-95, 6-22-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
The following wells are exempt from the requirements of Rule
				   40B-3.041, F.A.C.:
(1) A well constructed, repaired, or
				abandoned solely for the purpose of a test hole, as defined in subsection
				 40B-3.021(21),
				F.A.C.
(2) Wells constructed,
				repaired, or abandoned for the purpose of temporary
				dewatering.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.323(8),
					 373.324(4),
					 373.333(1),
					 373.337 FS. Law Implemented
					  373.303,
					  373.308,
					  373.309,
					  373.313,
					  373.316,
					  373.326 FS.
New 4-15-81, Amended 1-31-83, 7-1-85, 6-22-99,
					 10-18-22.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.0511 - Variances (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.303,
					 373.308,
					 373.309,
					 373.313,
					 373.316,
					 373.326
					 FS.
New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.091 - Repeal of 16H-3 (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 373 FS. Law Implemented
					 373.309
					 FS.
New 4-15-81, Amended 9-15-81, Repealed
					 7-1-85.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.101 - Content of Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Permits will
				only be issued to a licensed water well contractor upon application by the
				owner on whose property the well will be located, or the owner's agent. Permits
				issued pursuant to Section
				 373.326(2),
				F.S., shall be issued to the property owner or the owner's agent.
(2) Applications for permits required by this
				chapter shall be submitted on a State of Florida Permit Application to
				Construct, Repair, Modify, or Abandon a Well, DEP Form
				 62-532.900(1),
				(October 7, 2010), which is incorporated by reference in subsection
				 40B-3.035(5),
				F.A.C., and shall contain the information required therein.
(3) Permit applications shall be signed by
				the licensed water well contractor and the property owner, or the licensed
				water well contractor and the property owner's authorized agent. Permit
				applications submitted pursuant to subsection
				 373.326(2),
				F.S., shall be signed by the property owner.
(4) The required fee pursuant to Rule
				 40B-3.201, F.A.C., shall be
				submitted with the permit application.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.323(8),
					 373.324(4),
					 373.333(1),
					 373.337 FS. Law Implemented
					  373.308,
					  373.309,
					  373.313,
					  373.326,
					  373.342 FS.
New 7-1-85, Amended 8-15-89, 4-4-91, 6-22-99, 7-1-09,
					 11-10-22.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.201 - Permit Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				 373.109, F.S., authorizes the
				Governing Board to establish a schedule of fees for filing applications for
				permits required by District rules. The schedule of fees is listed in TABLE 1
				SCHEDULE OF WATER WELL PERMIT FEES. Fees shall be due at the time of filing an
				application. Unless otherwise specified by District rule, the date of filing
				shall be considered to be the date received by the District. Fees are
				nonrefundable. Failure of any person to pay the fees established herein is
				grounds for the denial of a permit application or revocation of a
				permit.
(2) Upon delegation of the
				administration of a permitting program from the Department to the District, the
				fees for such permits established by Department rule shall be collected by the
				District pursuant to Section
				 373.109, F.S.
(3) Any portion of the fees enumerated in
				this rule in excess of $100 shall be waived for any city or county government
				upon receipt of a certification from such city or county of hardship required
				in Section  218.075, F.S. Any such
				certification shall be presumed to be valid for the entire fiscal year of the
				city or county during which certification is made, unless the certification
				clearly indicates a duration to the contrary.
(4) Fees for permits to construct or repair
				wells required by this chapter shall be as listed below, and shall apply to
				each well constructed or repaired. No fee shall be required for a permit to
				abandon or modify a well.
TABLE 1 SCHEDULE OF WATER WELL
							 PERMIT FEES
Public Water Supply Wells not in a Chapter 62-524,
							 F.A.C., Delineated Area Construction
$275
Repair
$140
Transfer of an application to another licensed water
							 well contractor
$10
Chapter 62-524, F.A.C., Delineated Area Wells
Domestic Self-Supply well construction
$275
Repair
$140
Public Supply Wells
$500
Transfer of an application to another licensed water
							 well constractor
$10
All other wells
Construction
$40
Repair
$10
Transfer of an application to another licensed water
							 well contractor
$10
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.323(8),
					 373.324(4),
					 373.333(1),
					 373.337 FS. Law Implemented
					  218.075,
					  373.109,
					  373.308,
					  373.309,
					  373.313 FS.
New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85, 6-16-88,
					 6-22-99, 10-18-22.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.301 - Conditions for Issuance of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				In order to obtain a permit under this chapter, an applicant must submit a
				permit application as specified in Rule
				 40B-3.101, F.A.C.
(2) The permit application fee shall
				accompany the original application according to the fee schedule provided in
				Rule  40B-3.201, F.A.C.
(3) An applicant must certify that:
(a) The proposed well will comply with the
				criteria set forth in Part II of this chapter;
(b) The applicant or owner has applied for a
				water use permit under Chapter 40B-2, F.A.C., if applicable; and
(c) The proposed well will not otherwise
				adversely affect the water resources.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.321 - Duration of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Each permit
				shall be consecutively numbered, dated, and valid for a period of ninety (90)
				days, unless the time limit is extended by the District pursuant to subsection
				(3) or (4), below.
(2)
				Construction, repair, modification, or abandonment of a well shall not commence
				or continue after the expiration of a permit.
(3) One extension of an existing permit for a
				period not to exceed 90 days shall be granted by the District upon written
				request if:
(a) Submitted by the permittee
				prior to the expiration date of the permit, and
(b) The permittee shows that circumstances
				and conditions have not changed substantially since the permit issuance so that
				the proposed well will not adversely impact the water
				resource.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.341 - Suspension and Revocation of Permits

Current through Reg. 50, No. 138; July 16, 2024
The District shall suspend or revoke a permit to construct,
				  repair, or abandon a well by written notices to the permittee under any of the
				  following circumstances:
(1) Material
				misstatement or misrepresentation in the application for a permit;
(2) Failure to comply with the provisions set
				forth in the permit;
(3) Violation
				of any provisions of these rules or Part III of Chapter 373, F.S.; or
(4) If construction, repair, or abandonment
				of the well as permitted would be harmful to the water
				resources.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.103,
					 373.306,
					 373.308,
					 373.309,
					 373.313,
					 373.342
					 FS.
New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85,
					 6-22-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.381 - Limiting Conditions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.308,
					 373.309 FS. Law Implemented
					 373.044,
					 373.113,
					 373.342
					 FS.
New 1-31-83, Repealed
					 8-15-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.411 - Completion Report

Current through Reg. 50, No. 138; July 16, 2024
(1) Well completion
				reports are required for all permits issued pursuant to this chapter. Well
				completion reports shall be submitted to the District within 30 days of the
				completion of the permitted activity on a State of Florida Well Completion
				Report, DEP Form  62-532.900(2),
				(October 7, 2010), which is incorporated by reference in subsection
				 40B-3.035(6),
				F.A.C.; and shall contain the information required therein.
(2) The water well contractor shall keep or
				cause to be kept in his employ an accurate log of all construction, repair, or
				abandonment activities. Such logs shall be available for inspection at the site
				during all times when work is in progress.
(3) If no work is performed under a permit
				issued pursuant to this chapter, a well completion report shall be submitted
				within 30 days of the expiration of the permit stating that no permitted
				activity was performed.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.323(8),
					 373.324(4),
					 373.333(1),
					 373.337 FS. Law Implemented
					  373.308,
					  373.309,
					  373.313,
					  373.326,
					  373.342 FS.
New 4-15-81, Amended 1-31-83, 7-1-85, 6-22-99, 7-1-09,
					 11-10-22.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.451 - Emergency Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) Emergency
				permits may be issued by the Executive Director or his designee when one of the
				following conditions exists:
(a) An existing
				well supplying a particular use has failed and must be immediately replaced or
				repaired;
(b) The health, safety,
				or general welfare of the people of this District would be jeopardized without
				such authorization;
(c) Emergency
				authorization is needed to immediately mitigate or resolve potentially
				hazardous degradation of water resources; or
(d) A serious set of unforeseen and
				unforeseeable circumstances exists which creates the
				emergency.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.461 - Inspection

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department or the District is
				authorized to inspect any well, including those wells permitted under Rule
				 40B-3.041, F.A.C., within its
				jurisdiction as it deems necessary to insure conformity with applicable
				standards. Such inspection may include, but not be limited to, geophysical
				logging, water level measurements, or other methods. Duly authorized
				representatives of the Department or the District may, upon proper
				identification and at reasonable times, enter upon and shall be given access to
				any premises for the purpose of such inspection.
(2) If, upon the basis of such inspection,
				the District finds the standards of Part II have not been met, the District
				shall give the contractor and owner, if applicable, a written notice stating
				which rules have been violated and shall order that necessary corrective action
				be taken within a reasonable length of time to be prescribed in such
				order.
(3) A site inspection shall
				be conducted by an authorized representative of the District prior to issuing a
				permit for construction of a public supply well.
(4) The District shall be notified at least
				24 hours in advance of placement of grout in any public supply well. A District
				representative may be on site to observe the grouting. If the District is
				properly notified and a representative is not at the site at the appointed
				time, the grouting shall be accomplished in the representative's
				absence.
(5) If, upon basis of an
				inspection, the District finds any well is a potential hazard to the water
				resources, the well shall be plugged in accordance with Part
				II.
Rulemaking Authority
					 373.044,
					 373.171 FS. Law Implemented
					 373.103,
					 373.308,
					 373.309,
					 373.319
					 FS.
New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85,
					 6-22-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.492 - Violations of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Actions,
				omissions, or conduct which are considered as violations for the purposes of
				Part II shall include, but are not limited to, the following:
(a) Failure to obtain a permit where required
				under Rule  40B-3.041, F.A.C.
(b) Failure to comply with any or all permit
				conditions.
(c) Failure to submit a
				completion report within 30 days of the completion of the construction, repair,
				or abandonment of any well.
(d)
				Failure to file an accurate completion report.
(e) Failure to report to the district within
				30 days of expiration of the permit when no work is performed or the well is
				not completed.
(f) Failure to
				notify the District 24 hours prior to the grouting of the annular space of any
				public supply well.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.500 - Scope of Part II (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.308,
					 373.309,
					 373.313
					 FS.
New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.502 - Construction Methods

Current through Reg. 50, No. 138; July 16, 2024
Wells must be so constructed, cased, grouted, plugged,
				  capped, or sealed as to prevent uncontrolled surface flow, uncontrolled
				  movement of water from one aquifer or zone to another, contamination of
				  groundwater or surfacewater resources, or other adverse impacts. The foregoing
				  shall apply to all construction, repair, or abandonment of wells in the
				  District, except for public water supply wells which shall be constructed,
				  repaired, or abandoned in accordance with Chapter 62-550,
				  F.A.C.
Rulemaking Authority
					 373.044,
					 373.171,
					 373.309 FS. Law Implemented
					 373.113,
					 373.306,
					 373.308,
					 373.309
					 FS.
New 7-1-85, Amended
					 6-22-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.504 - Location

Current through Reg. 50, No. 138; July 16, 2024
Wells shall be located so as not to pose a threat of
				  contamination to the groundwater resource. Minimum spacing between wells and
				  sanitary hazards shall be as set forth in Table 1 of Chapter 62-532, F.A.C.,
				  (February 16, 2012), which is incorporated by reference in subsection
				   40B-3.035(3),
				  F.A.C. Wells shall not be located on lands below the 100-year flood elevation
				  of the Suwannee, Alapaha, Withlacoochee, Santa Fe, and Aucilla Rivers when an
				  alternative to such location exists on the property.
Rulemaking Authority
					 373.044,
					 373.171,
					 373.309 FS. Law Implemented
					 373.306,
					 373.308,
					 373.309,
					 373.113
					 FS.
New 7-1-85, Amended 4-4-91, 6-22-99,
					 4-17-23.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.507 - Casing and Liner Pipe Standards (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.309,
					 373.171 FS. Law Implemented
					 373.306,
					 373.308,
					 373.309,
					 373.113
					 FS.
New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-3 - PERMITTING OF WELL CONSTRUCTION › Section 40B-3.512 - Well Construction Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				In the construction of a well, reasonable caution shall be taken to maintain
				the premises in sanitary condition and to minimize the entrance of contaminants
				into the water resource. Water and materials used in construction shall be
				reasonably free of contamination.
(2) For wells which penetrate multiple
				aquifers or zones, the well shall be completed so as to prevent
				cross-contamination of different aquifers or zones if significantly different
				water quality exists between these aquifers or zones, and to prevent leakage of
				water from one aquifer or zone to another aquifer or zone.
(3) For wells completed into unconsolidated
				aquifers, casing shall extend from land surface to the well screen. The well
				screen shall be attached to the casing with a watertight seal.
(4) For wells obtaining water from
				consolidated aquifers, a continuous casing shall extend from land surface into
				the top of the producing aquifer, provided however, that the bottom end of the
				well casing must extend to or below the static water level of the aquifer
				intended to supply the water to the well. In addition, all caving zones below
				the uppermost consolidated unit shall be cased.
Rulemaking Authority
					 373.044,
					 373.309,
					 373.171 FS. Law Implemented
					 373.306,
					 373.308,
					 373.309,
					 373.113
					 FS.
New 7-1-85, Amended
					 6-22-99.