reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.501 - Permit Use Types

Current through Reg. 50, No. 138; July 16, 2024
Each individual WUP shall authorize water use for as many of
				  the following use types as are applicable, and shall be classified according to
				  the use type for which the greatest use of quantities are authorized. Permit
				  use types are as follows:
(1) Public
				Supply Use,
(2)
				Landscape/Recreation Use,
(3)
				Agricultural,
(4)
				Industrial/Commercial,
(5)
				Mining/Dewatering Use,
(6) Other
				Use, and
(7) Institutional
				Use.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.216,
					 373.219,
					 373.246
					 FS.
New 10-5-74, Amended 12-31-74, Formerly 16J-2.16, Amended
					 11-4-84, 10-1-89, 1-1-03, 12-30-08,
					 5-19-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.511 - Declaration of Water Shortage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.246 FS.
New 10-5-74, Formerly 16J-2.20, 16J-2.21, Amended 11-4-84,
					 Repealed by Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.521 - Change, Suspension or Restriction of Permits During Water Shortage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.246 FS.
New 10-5-74, Amended 10-24-76, Formerly 16J-2.23, Amended
					 11-4-84, Repealed 10-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.531 - Procedures Under Water Shortage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.246 FS.
New 10-5-74, Formerly 16J-2.22, Amended 11-4-84, Repealed
					 10-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.541 - Declaration of Emergency Due to Water Shortage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.246 FS.
New 10-5-74, Formerly 16J-2.24, Amended 11-4-84, Repealed
					 10-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.621 - Water-Conserving Credits

Current through Reg. 50, No. 138; July 16, 2024
(1) Permittees
				with an individual WUP authorizing a water withdrawal within the SWUCA for
				irrigation may earn Water-Conserving Credits to withdraw additional quantities
				of ground water for use at the site at which they were earned and for the
				source for which they were earned. Water-Conserving Credits are earned if less
				than the allowable amount of groundwater is applied to actual planted acreage
				as set forth in the WUP Applicant's Handbook Part B Chapter 3,
(2) Withdrawals under the Water-Conserving
				Credits shall meet the Conditions for Issuance set forth in Rule
				 40D-2.301,
				F.A.C.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.171,
					 373.216,
					 373.219,
					 373.223,
					 373.239
					 FS.
New 1-1-03, Amended 1-1-07, 12-30-08,
					 5-19-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.801 - Water Use Caution Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) When the
				Governing Board determines that regional action is necessary to address
				cumulative water withdrawals that are causing or may cause adverse impacts to
				the water and related natural resources or the public interest, it shall
				declare, delineate, or modify Water Use Caution Areas (WUCAs). The Governing
				Board shall declare a WUCA by adopting a rule or issuing an order imposing
				special requirements for existing water users and permit applicants to prevent
				or remedy impacts to water and related natural resources or the public
				interest.
(2) In determining
				whether an area should be declared a WUCA, the Governing Board shall consider
				the following factors:
(a) The quantity of
				water available for use from groundwater sources, surface water sources, or
				both.
(b) The quality of water
				available for use from groundwater sources, surface water sources, or both,
				including impacts such as saline water intrusion, mineralized water upconing,
				or pollution.
(c) Environmental
				systems, such as wetlands, lakes, streams, estuaries, fish and wildlife, or
				other natural resources.
(d) Lake
				stages or surface water rates of flow.
(e) Offsite land uses.
(f) Other resources as deemed appropriate by
				the Governing Board.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.011 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.309(1),
					 373.333(1),
					 373.337 FS. Law Implemented
					  373.306,
					  373.308,
					  373.309,
					  373.313,
					  373.316,
					  373.323(2),
					  373.324,
					  373.326,
					  373.329,
					  373.333,
					  373.337 FS.
New 10-5-74, Formerly 16J-3.01, 16J-3.06(1), Amended
					 7-1-90, 9-30-91, 12-31-92, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.031 - Implementation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.309,
					 373.337 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., 78-65, Laws of
					 Florida.
New 10-5-74, Amended 9-4-77, 10-16-78, Formerly 16J-3.03,
					 Amended 7-1-90, Repealed by Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.032 - Delegation

Current through Reg. 50, No. 138; July 16, 2024
The authority for general administration of this chapter 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 authorized to issue permits under this chapter as provided in
				  Section  373.342(1),
				  F.S.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.309 FS. Law Implemented
					 373.342
					 FS.
New 7-1-90, Amended
					 9-30-91.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.038 - Violations of Contractor Licensing Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking 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.
New 7-1-90, Amended 12-31-92, 2-1-05, 8-19-08, Repealed by
					 Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-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 7-1-90, Amended 12-31-92, Repealed
					 3-18-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.040 - Scope of Part III (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,
					 373.316,
					 373.326,
					 373.342
					 FS.
New 7-1-90, Amended 12-31-92, Repealed
					 3-18-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.041 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				expressly exempted by statute or District rule, a permit must be obtained from
				the District prior to construction, repair, modification or abandonment of any
				water well, including:
(a) Water wells not in
				areas delineated pursuant to Chapter 62-524, F.A.C.
(b) Potable water wells in areas delineated
				pursuant to Chapter 62-524, F.A.C.
(c) Non-potable water wells in areas
				delineated pursuant to Chapter 62-524, F.A.C.
(d) Dewatering wells for construction, mining
				or quarrying purposes that will be in existence for 6 months or
				longer.
(e) Public supply water
				wells.
(f) Monitor wells not
				authorized pursuant to a general permit under Rule
				 40D-3.060, F.A.C.
(g) Injection wells identified as Class V,
				Group 1, pursuant to paragraph
				 62-528.600(2)(a),
				F.A.C., effective 11-20-2002, incorporated herein by reference
http://www.flrules.org/Gateway/reference.asp?No=Ref-02252
.
(h) Abandoned wells.
(i) Incomplete wells.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.042 - Multiple Wells Under a Single Permit

Current through Reg. 50, No. 138; July 16, 2024
(1) The construction, repair, modification or
				abandonment of:
(a) Up to eight (8) sandpoint
				irrigation, monitor, recovery, dewatering, or gang wells 4 inches or less in
				diameter; or
(b) A Class V air
				conditioning heat pump system consisting of one supply well and one return
				well; may be included under one permit provided the conditions of subsection
				(2) are met.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.045 - Water Use Permit Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Permits for
				construction, repair, modification or abandonment of wells for which an
				individual water use permit is required under Chapter 40D-2, F.A.C., shall not
				be issued prior to issuance of the water use permit authorizing such water use
				withdrawals.
(2) Notwithstanding
				the provisions of subsection (1), above, the District shall issue permits for
				construction, repair or modification of any well when:
(a) The well to be constructed, repaired, or
				modified is to be used for aquifer testing, hydrologic monitoring, water
				quality monitoring, or otherwise for the purpose of gathering hydrogeologic
				data; or
(b) The applicant
				demonstrates that a compelling need exists to commence construction, repair or
				modification of the well while an application for a water use permit is
				pending; and
1. The Applicant has filed an
				application for Water Use Permit including all information required by Rule
				 40D-2.101, F.A.C., and the
				application has been deemed complete; and
2. It appears that the proposed use of water
				represented in the pending complete Water Use Permit application is a
				reasonable and beneficial use, will not interfere with any presently existing
				legal use of water, and is consistent with the public
				interest.
(c) The
				applicant agrees to all conditions attached to the well
				permit.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) The following wells are exempt from the
				requirements of Rule  40D-3.041, F.A.C.:
(a) Wells exempted under Section
				 373.303(7),
				F.S.
(b) Wells used for the purpose
				of temporary dewatering of subsurface formations for construction, mining or
				quarrying purposes for a period of less than 6 months.
(c) Wells two inches or less in diameter and
				less than 20 feet in depth used for no more than ten days for the purpose of
				obtaining shallow soil or water information.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.060 - General Permit for Monitoring Wells

Current through Reg. 50, No. 138; July 16, 2024
(1) A general permit is hereby granted for
				the construction, repair, modification or abandonment of a piezometer or
				monitoring well authorized as part of a site assessment, remedial action plan
				or pilot study at contaminated sites regulated by the Department of
				Environmental Protection Division of Waste Management pursuant to Chapter 376,
				F.S., provided all of the following conditions are met:
(a) Work is conducted by a licensed water
				well contractor or under the supervision of a licensed water well
				contractor;
(b) The nominal casing
				size shall be no larger than 4 inches in diameter;
(c) Total well borehole depth does not exceed
				150 feet;
(d) Work complies with
				all applicable construction, location, casing and grouting requirements set
				forth in Chapter 40D-3, F.A.C.; and,
(e) A State of Florida Well Completion
				Report, signed by the licensed water well contractor who conducted or
				supervised the work is submitted to the District in accordance with the
				requirements of Rule  40D-3.411, F.A.C., for each well
				authorized by this general permit.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.091 - Registration of Drillers, Contractors, and Engineering Testing Laboratories (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.149,
					 373.171 FS. Law Implemented
					 373.323,
					 373.339
					 FS.
New 10-5-74, Formerly 16J-3.04, Repealed
					 7-1-90.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.092 - Refusal, Suspension, or Revocation of Registration and Forfeiture of Bond (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.149,
					 373.171 FS. Law Implemented
					 373.339
					 FS.
New 10-5-74, Formerly 16J-3.05, Repealed
					 7-1-90.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.101 - Content of Application

Current through Reg. 50, No. 138; July 16, 2024
(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, " Form No.
				LEG-R.040.01 (6/10), incorporated herein by reference. Except for replacement
				and domestic use wells, all applications to construct a well within the Most
				Impacted Area of the Southern Water Use Caution Area, as set forth in
				subparagraph  40D-2.801(3)(b) 
				2., and Figure 2.1, 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 Water Use Caution Area, " Form No. LEG-R.016.01 (4/09), incorporated
				herein by reference. Copies of all forms incorporated in this rule can be
				obtained from the District's website at
www.watermatters.org
or from
				the District offices.
(2) A permit
				applicant seeking to drill a public supply well shall submit:
(a) A completed well permit application, as
				set forth in subsection (1), above, signed and accompanied by an applicable
				permit fee;
(b) A completed "Public
				Supply Well Information and Classification Form, " Form No. LEG-R.015.02
				(08/11),
http://www.flrules.org/Gateway/reference.asp?No=Ref-00740
incorporated herein by reference; and
(c) Two sets of site plans, scaled drawings
				or legal plats with sufficient detail to demonstrate compliance with well
				setback requirements in Rule
				 62-532.400, F.A.C. and location
				requirements in Rule  62-555.312,
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.201 - Permit Processing Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.309,
					 373.337 FS. Law Implemented
					  373.109,
					  373.309 FS.
New 10-5-74, Formerly 16J-3.071, Amended 7-1-90, 9-30-91,
					 Repealed by Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.301 - Conditions for Issuance of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				In order to obtain a water well construction, repair, modification or
				abandonment permit, an applicant must demonstrate compliance with the following
				conditions:
(a) The applicant shall have a
				current, valid water well contractor license from the State of Florida unless
				the permit is for a water well two (2) inches or less in diameter constructed
				by an individual for his own private use on his own or leased property as
				specified in Section  373.326(2),
				F.S.
(b) The applicant shall submit
				a permit application as specified by Rule
				 40D-3.101, F.A.C.
(c) The application must be complete and meet
				the requirements of Chapter 373, F.S., and this chapter.
(d) A Water Use Permit, if applicable under
				Chapter 40D-2, F.A.C., shall have been obtained.
(e) The applicant shall not have overdue well
				completion reports.
(f) The
				proposed water well shall not adversely impact the water
				resource.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.310 - Conditions for Transfer of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Permit Transfers from One Contractor to Another. A well construction permit may
				be transferred from one licensed water well contractor to another if:
(a) Both contractors agree to the
				transfer;
(b) The owner or his
				agent agree to the transfer;
(c)
				The original contractor relinquishes the initial permit and forwards his or her
				copy of the initial permit to the District within ten days of requesting such
				action;
(d) The permit has not
				expired; and
(e) The new contractor
				obtains a valid permit for the well site, for which no additional fee shall be
				required.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-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 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) Requests for extension of an existing
				permit shall be made for a period not to exceed 90 days and 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
				circumstances and conditions have not changed substantially since permit
				issuance so that the proposed well will not adversely impact the water
				resource.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.341 - Revocation of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The Governing
				Board will revoke a permit, after notice and an opportunity for a hearing, upon
				a determination that one or more of the following has occurred.
(a) Material misstatement or
				misrepresentation in the application for a permit;
(b) Failure to comply with the provisions set
				forth in the permit;
(c) Disregard
				or violation of any of these rules or Chapter 373, Part III, F.S.; or
(d) Material change of circumstances or
				conditions from those existing at the time such permit was
				issued.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.411 - Well Completion Report

Current through Reg. 50, No. 138; July 16, 2024
(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 "State of Florida Well Completion Report, " Form No. LEG-R.005.02
				(6/10), incorporated herein by reference, within 30 days of the completion of
				construction, repair or abandonment of any well. Copies of the Well Completion
				Report form can be obtained from the District's website at
www.watermatters.org
or from
				District offices.
(b) If no work is
				performed or if the well is not completed, a completion report shall be filed
				within 30 days of the expiration of the permit stating that no well
				construction was performed or completed under the permit.
(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 7 days of
				receipt of the District's request.
(d) The record of the well construction shall
				include the depth of the well, the depth of the well casing, the amount of
				grout material used, and a description of the geologic material and any
				drilling problems encountered during the well construction.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.451 - Emergency Authorization (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.171,
					 373.309,
					 373.326,
					 373.342 FS. Law Implemented
					  373.306,
					  373.308,
					  373.309,
					  373.313,
					  373.342 FS.
New 10-5-74, Formerly 16J-3.12, Amended 7-1-90, 9-30-91,
					 Transferred to  40D-1.1022.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.461 - Inspection

Current through Reg. 50, No. 138; July 16, 2024
(1) The District shall inspect any water well
				it deems necessary to insure conformity with applicable standards. Duly
				authorized representatives of the District may, at reasonable times, enter upon
				and shall be given access to any premises for the purpose of such inspection.
				Such inspection may include, but need not be limited to, geophysical logging,
				water level measurements, water quality sampling, and other methods.
(2) If, upon the basis of an inspection, the
				District determines that applicable laws or rules have not been complied with,
				it shall disapprove the well. A disapproved well shall not be used until
				brought into compliance. If compliance cannot be achieved in a reasonable time,
				the well shall be properly abandoned.
(3) If, upon the basis of an inspection, the
				District determines that any well is an abandoned or incomplete well as defined
				in this chapter, the property owner shall have the well abandoned in accordance
				with subsection  62-532.500(4),
				and Rule  40D-3.531, F.A.C.
(4) If, upon the basis of an inspection, the
				District determines that any well is a potential hazard to the water resource,
				the well shall be abandoned in accordance with subsection
				 62-532.500(4),
				and Rule  40D-3.531, F.A.C.
(5) The permittee shall notify the District
				at least 24 hours in advance of:
(a) Grouting
				a public supply well,
(b) Plugging
				an abandoned well that is greater than two inches in diameter, or that is more
				than 20 feet in depth, or
(c) The
				construction of any well under a permit issued with special grouting
				conditions.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.492 - Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to those violations set forth
				in Section  373.336, F.S., and Rule
				 62-531.450, F.A.C., actions,
				omissions, or conduct that shall be considered a violation of this chapter
				include the following:
(a) Failure to submit a
				complete well completion report within 30 days of the completion of
				construction, repair or abandonment of any well.
(b) Intentional misrepresentation or
				falsification of records.
(c)
				Failure to obtain a permit when required under Rule
				 40D-3.041, F.A.C.
(d) Failure to keep a field log at the
				drilling site with accurate information of all construction
				activities.
(e) Failure to provide
				a field log upon request to a District representative at the drilling site
				during times when work is in progress.
(f) 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.
(g) Failure to
				comply with any or all permit conditions.
(h) Failure to notify the District 24 hours
				prior to the commencement of drilling operations of any public supply
				well.
(i) Failure to notify the
				District 24 hours prior to the placement of grout in the annular space of any
				public supply well; plugging of an abandoned well that is greater than two
				inches in diameter, or that is more than 20 feet in depth; or the construction
				of any well under a permit issued with special grouting conditions.
(j) Failure to notify the District 48 hours
				prior to the completion of a well that is subject to the requirements of Rule
				 40D-3.600, F.A.C.
(k) Failure to have the well construction
				permit available at the well site during construction, repair, modification or
				abandonment.
(l) Failure to produce
				upon request to the District a record of the well construction within the
				allowable time provided in paragraph
				 40D-3.411(1)(c),
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.500 - Construction Standards (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.309
					 FS.
New 10-5-74, Amended 8-9-77, Formerly 16J-3.202,  40D-3.701,
					 Amended 7-1-90, Repealed 12-31-92.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.501 - Variances (Transferred)

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 7-1-90, Amended 9-30-91, 12-31-92, Transferred to
					  40D-1.1001.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.502 - Construction Methods

Current through Reg. 50, No. 138; July 16, 2024
(1) Water wells
				may be constructed by drilling, coring, boring, washing, jetting, driving or
				digging, but must be so constructed, cased, cemented, plugged, capped or sealed
				as to permanently prevent:
(a) The escape of
				water to waste, either at or above the land surface, or from a subsurface zone
				of higher hydrostatic head to a zone of lower hydrostatic head, or
(b) The degradation of water by poor quality
				water or other substances from surface or underground
				sources.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.505 - Location

Current through Reg. 50, No. 138; July 16, 2024
(1) Wells shall be located so as to not pose
				a threat of contamination to the water resource and to provide for the
				protection of the health, safety and welfare of the user.
(2) Minimum spacing between wells and
				sanitary hazards, including but not limited to, septic tanks, drain fields and
				ground water contamination areas, shall be as specified by Section
				 381.0065, F.S., and subsection
				 62-532.400(7),
				F.A.C. The District shall increase these distances if necessary to protect the
				health, safety and welfare of individuals who may be exposed to ground water
				contamination through ingestion, inhalation or dermal absorption.
(3) The District will deny a permit
				application to construct a water well if use of the well would increase the
				potential for harm to public health, safety and welfare, or if the proposed
				well would degrade the water quality of the aquifer by causing pollutants to
				spread.
(4) A variance from the
				above-specified restrictions may be obtained from the District as provided in
				Rule  40D-1.1001, F.A.C. The review of
				a variance request shall include an evaluation of the following criteria, as
				applicable: surface and ground water gradients, well location, withdrawal
				amount, well depth (including depth of casing), natural barriers, impermeable
				geological strata, water quality sampling, compliance with the requirements of
				Chapter 62-524, F.A.C., other grouting or protective well construction
				measures, and the use of treatment systems acceptable to the Department or
				Department of Health.
(5) Nothing
				in this section relieves an applicant of the responsibility to comply with the
				requirements of any other regulatory agency with jurisdiction over the
				applicant's activities.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.309,
					 373.337 FS. Law Implemented
					  373.306,
					  373.308,
					  373.309 FS.
New 7-1-90, Amended 12-31-92, 7-2-98,
					 5-4-05.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.507 - Casing and Liner Pipe Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Well
				casing installed by driving shall not have less than the dimensions and weights
				specified in subsection
				 62-532.500(1),
				F.A.C.
(2) Well casing or liner
				pipe set into place without driving shall not have less than the dimensions and
				weights specified by subsection
				 62-532.500(1),
				F.A.C.
(3) Telescoped casings may
				be used provided that casings of different diameters are joined with an
				appropriate overlap and any annular space including the overlapped section
				shall be grouted in accordance with subsection
				 62-532.500(3),
				F.A.C. (2-16-12) incorporated by reference in subsection
				 40D-3.037(1),
				F.A.C. To prevent interchanges of water when multiple aquifers or zones are
				penetrated, grout shall extend from the bottom of the casing to the top of the
				innermost casing. The use of lead packers for this purpose is prohibited.
(a) A minimum overlap of ten feet and one
				casing centralizer in the overlapping section shall be required for non-public
				supply wells which are less than six inches in diameter.
(b) A minimum overlap of 20 feet and two
				casing centralizers in the overlapping section shall be required for public
				supply wells and all wells six inches or more in diameter.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.517 - Grouting and Sealing

Current through Reg. 50, No. 138; July 16, 2024
Wells shall be grouted and sealed in accordance with
				  subsection  62-532.500(3),
				  F.A.C., (2-16-12), and this section, to protect the water resource from
				  degradation caused by movement of waters along the well annulus either from the
				  surface to the aquifer or between aquifers, and to prevent loss of artesian
				  pressure in artesian aquifers. Subsection
				   62-532.500(3),
				  F.A.C., (2-16-12) is incorporated by reference in subsection
				   40D-3.037(1),
				  F.A.C.
(1) All wells that are
				constructed in a manner which creates an annular space between the casing and
				the naturally occurring geologic formations shall be grouted and sealed in
				accordance with the methodologies listed in subsection
				 62-532.500(3),
				F.A.C., and this section. The use of lead packers for this purpose is
				prohibited.
(2) Grouting and
				sealing of water wells shall be accomplished in the following manner using neat
				cement or bentonite grouts unless otherwise granted a variance by the District.
				The slurry grout mixture shall be introduced into the annulus space from bottom
				to top; the casing seat shall be clean allowing the casing to set at the total
				depth bored in a hole reasonably free of drill cuttings; the manufacturer's
				mixing instructions shall be followed and any polymers added to bentonite
				slurry mixes must be approved by the District prior to use.
(a) Grouting and Sealing Using Neat Cement
				Grout.
1. Composition of neat cement grout
				shall consist of 5.2 to 5.5 gallons of water per cubic foot or 94-pound sack of
				Portland cement or a mixture of 6.0 gallons of water per sack of Portland
				cement with 3 to 7.5 pounds of Bentonite not to exceed eight percent by
				weight.
2. The minimum set time for
				grouting of casing using neat cement grout before drilling operations may
				continue is twelve hours. The minimum set time for grouting of casing with
				Portland cement and two percent calcium chloride by weight as an accelerator
				will vary with depth and are listed in Table 1 below.
TABLE 1 INITIAL SET TIMES FOR SPECIFIED DEPTH RANGES
							 WHEN 2% CALCIUM
CHLORIDE IS MIXED BY WEIGHT WITH PORTLAND
							 CEMENT
Depth (in feet)
Set Time (in hours)
0-200
201-400
4
201-400
3.5
401-600
3
601-800
2
801 & greater
1
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.521 - Well Seals

Current through Reg. 50, No. 138; July 16, 2024
(1) Temporary Well
				Seals. Whenever there is a temporary interruption in work on the well during
				construction, repair, modification or abandonment, the well opening shall be
				sealed with a watertight cover. Except in areas designated by the District, any
				well in which pumping equipment is installed seasonally or periodically shall,
				whenever pumping equipment is not installed, be capped with a watertight cap or
				valve. The top of the well casing shall at a minimum extend one foot above land
				surface and, if practical, one foot above the 100-year flood
				elevation.
(2) Permanent Well
				Seals. Wells shall be properly sealed to prevent the movement of contaminants
				and surface water into the well. The top of the well casing shall at a minimum
				extend one foot above land surface and, if practical, one foot above the
				100-year flood elevation, for all wells except those outlined in Chapter
				62-761, F.A.C. A flush mounted protective cover can be installed as an
				alternative to the one foot casing extension on surficial screened wells that
				are two inches or less in diameter. The flush mounted protective cover shall be
				constructed of one continuous piece of material resistant to deterioration and
				rusting. The flush mounted protective cover shall be fitted with a lid for easy
				access to the well point and a minimum dimension of 15 inches in length by ten
				inches in width by 13 inches in depth. When a flush mounted protective cover is
				used as an alternative in accordance with this section, the pipe connecting the
				well point must be continuous to the pump, and the cover must allow adequate
				drainage to prevent ponding or mounding of water inside the box.
(3) Pumping equipment and any necessary pipe
				or electrical connections shall be installed to prevent inadvertent
				introduction of contaminants into the well, and if installed within the casing,
				shall be installed through a watertight seal.
(4) The finished height of public supply
				wells shall be at a minimum 18 inches above finished grade, and, if practical,
				one foot above the 100-year flood elevation. The upper end of the well casing
				shall include a watertight seal with any vent located two feet above finished
				grade.
Rulemaking Authority
					 373.044,
					 373.171,
					 373.309,
					 373.337 FS. Law Implemented
					  373.306,
					  373.308,
					  373.309 FS.
New 7-1-90, Amended 12-31-92,
					 2-8-99.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.525 - Explosives (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.309,
					 373.317,
					 373.337 FS. Law Implemented
					  373.306,
					  373.308,
					  373.309 FS.
New 7-1-90, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.529 - Flowing Wells (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.309,
					 373.337 FS. Law Implemented
					  373.206,
					  373.306,
					  373.308,
					  373.309 FS.
New 7-1-90, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.531 - Abandoned Well Plugging

Current through Reg. 50, No. 138; July 16, 2024
(1) The form
				entitled "State of Florida Permit Application to Construct, Repair, Modify or
				Abandon a Well, " adopted by reference in Rule
				 40D-3.101, F.A.C., shall be
				submitted to the District and a Well Construction Permit shall be issued prior
				to the abandonment of any well, including an incomplete well.
(2) All abandoned wells as defined by Section
				 373.303(1),
				F.S., and subsection  40D-3.021(1),
				F.A.C., abandoned artesian wells as defined by Section
				 373.203(1),
				F.S., and incomplete wells as defined by subsection
				 40D-3.021(17),
				F.A.C., shall be plugged in accordance with subsection (3) of this rule and
				Rule  40D-3.517, F.A.C., unless they
				can be repaired in accordance with this chapter.
(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),
				F.A.C., and wells permitted to be constructed or abandoned pursuant to
				paragraph  40D-3.301(1)(a),
				F.A.C.
(a) Use of clean aggregate to bridge
				cavernous or lost circulation zones shall be allowed if measurements indicate
				loss of grout and the borehole or screened portion does not connect two (2) or
				more aquifers of differing water quality. Prior approval to use aggregate or
				other material must be obtained from the District.
(b) Obstructions shall be cleared from all
				wells prior to plugging.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.600 - Special Well Construction Standards

Current through Reg. 50, No. 138; July 16, 2024
To prevent impacts to water wells from periodic high water
				  use, in addition to complying with the other construction requirements of this
				  chapter, the construction, modification or repair of potable water wells in the
				  area of the Dover community shall also comply with the requirements set forth
				  below.
(1) Potable water wells
				constructed, modified or repaired in the North Dover Area, as identified in
				subsection (2), below, shall be cased to a minimum depth of 105 feet below land
				surface.
(2) The area of North
				Dover is as follows:
Township 27, Range 21, Sections 25 through 36;
Township 27, Range 22, Sections 26 through 35;
Township 28, Range 20, Sections 12 through 14, 23, 24 and
				  those portions of 25 and 26 lying north of Interstate 4;
Township 28, Range 21, Sections 1 through 19 and those
				  portions of 20 through 24 and 30 lying north of Interstate 4; and
Township 28, Range 22, Sections 2 through 10, 15 through 20,
				  Sections 22 through 27, and Sections 34 through 36.
(3) Potable water wells constructed, modified
				or repaired in the South Dover Area, as identified in subsection (4), below,
				shall be cased to a minimum depth of 147 feet below land surface.
(4) The area of South Dover is as follows:
Township 28, Range 20, those portions of Sections 25 and 26
				  lying south of Interstate 4 and Sections 35 and 36;
Township 28, Range 21, those portions of Sections 20 through
				  24 and 30 lying south of Interstate 4 and Sections 25 through 29 and 31 through
				  36;
Township 29, Range 20, Sections 1, 2, 11 through 13 and
				  24;
Township 29, Range 21, Sections 1 through 29, and 33 through
				  36;
Township 29, Range 22, Sections 1 through 36;
Township 30, Range 21, Sections 1, 2, 11, and 12; and
Township 30, Range 22, Sections 2 through
				  10.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					  373.308  FS. Law Implemented
					 373.308,
					  373.309 FS.
New 4-9-02, Amended
					 8-17-10.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-3 - REGULATION OF WELLS › Section 40D-3.701 - Construction Standards (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.149,
					 373.171 FS. Law Implemented
					 373.309,
					 373.339
					 FS.
New 10-5-74, Amended 8-9-77, Formerly 16J-3.20, Transferred
					 to  40D-3.500, 7-1-90.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-4 - INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS › Section 40D-4.021 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.149,
					 373.171 FS. Law Implemented
					  373.079(4)(a),
					  373.083(5),
					  373.403,
					  373.413 FS.
New 10-5-74, Formerly 16J-4.02, Amended 10-1-84, 3-1-88,
					 9-11-88, 10-3-95, 7-23-96, 2-27-02, 9-26-02, 2-19-04, 2-6-07, 1-8-08, 9-29-08,
					 11-2-09, 8-1-10, Repealed 10-23-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-4 - INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS › Section 40D-4.031 - Implementation, Effective Date and Applicability (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171 FS. Law Implemented
					  373.413,
					  373.416,
					  373.426 FS., 76-243, Laws of
					 Florida.
New 10-5-74, Amended 9-4-77, 10-16-78, Formerly 16J-4.03,
					 Amended 10-1-84, 3-1-88, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-4 - INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS › Section 40D-4.041 - Permits Required (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.149,
					 373.171 FS. Law Implemented
					  373.413,
					  373.416,
					  373.426,
					  373.427 FS.
New 10-5-74, Amended 12-31-74, 9-4-77, 6-7-78, Formerly
					 16J-4.04, 16J-4.10(1), (2), (4), Amended 10-1-84, 3-1-88, 10-3-95, 7-23-96,
					 10-16-96, 4-17-97, 10-11-01, 7-16-02, 9-26-02, 3-26-03, 1-8-08, 9-10-08,
					 9-29-08, Repealed 10-23-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-4 - INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS › Section 40D-4.042 - Formal Determination of Wetlands and Other Surface Waters (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.421(2) FS.
					 Law Implemented 373.421(2)
					 FS.
New 10-3-95, Amended 7-2-98, 2-14-00, 5-28-00, 7-29-02,
					 2-27-03, 8-30-09, 12-21-09, 12-12-11, Repealed
					 10-23-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-4 - INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS › Section 40D-4.051 - Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.414(9) FS.
					 Law Implemented  373.406,
					  373.413,
					  373.414(9),
					  373.416 FS.
Readopted 10-5-74, Formerly 16J-4.05, Amended 10-1-84,
					 10-1-86, 3-1-88, 1-24-90, 10-3-95, 4-18-01, 5-17-01, 4-9-02, 2-19-04, 6-30-05,
					 11-26-07, 9-29-08, 8-1-10, 9-5-10, Repealed
					 10-23-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-4 - INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS › Section 40D-4.053 - Conditions for Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171 FS. Law Implemented
					  373.406,
					  373.413 FS.
New 10-1-86, Amended 2-19-04, Repealed
					 10-23-15.