reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-1 - GENERAL AND PROCEDURAL RULES › Section 40A-1.1003 - Variance and Emergency Variance or Authorization Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Petitions for variances from District
				rules, including but not limited to Rules
				 40A-3.451,
				 40A-6.451,
				 40A-21.275 and
				 40A-44.451, F.A.C., that require
				immediate action and which comply with the variance petition requirements of
				Chapter 28-104, F.A.C., shall be temporarily acted upon by the Executive
				Director or his designee. Petitions acted upon by the Executive Director or his
				designee shall be presented to the Governing Board for concurrence, rejection
				or modification.
(2) Mere
				carelessness, lack of planning on the part of the applicant or an agent for the
				applicant, or a desire to expedite the required work shall not be sufficient
				grounds to warrant the granting of an emergency variance or authorization. The
				decision of the Executive Director or his designee, will remain in effect until
				such time as the petition is fully evaluated and acted upon by the Governing
				Board.
(3) The district shall take
				action on an application for an emergency variance or authorization within 30
				days of its receipt by the district or at its next regularly scheduled meeting
				for which notice may properly be given.
Rulemaking Authority
					  120.54(5),
					 373.044,
					 373.085(1),
					 373.246,
					 373.308,
					 373.309,
					 373.113,
					 373.171 FS. Law Implemented
					 120.54(5),
					  373.175,
					  373.246,
					  373.308,
					  373.309,
					  373.313,
					  373.316,
					  373.326,
					  373.342,
					  373.413,
					  373.416,
					  373.426,
					  373.439,
					  373.084,
					  373.085 FS.
New 7-1-98, Amended
					 3-2-00.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-1 - GENERAL AND PROCEDURAL RULES › Section 40A-1.1010 - Point of Entry Into Proceedings

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The District's publication of notice of its decisions or of its intent to
				render a decision in the Florida Administrative Register, or in newspapers of
				general circulation in the area affected by such decisions, whichever is later,
				or, where appropriate, mailing copies of its notice to applicants, competitors,
				and interested groups shall be used in establishing the date petitioner
				received notice. "Receipt" of mailed notice shall be deemed to be the third day
				after the date on which the notice is deposited in the United States
				Mail.
(2) Any person who fails to
				request a hearing within the applicable time period after receipt of notice, as
				defined by subsection (1), shall have waived the right subsequently to request
				a hearing on such matters.
(3) The
				point of entry for all enforcement and remedial proceedings of the District is
				14 days from receipt of the administrative complaint or order for corrective
				action or such other similar notification of violation or need for remediation,
				pursuant to the provisions of Section
				 373.119, F.S.
(4) The point of entry for all license and
				permit proceedings, except license disciplinary proceedings, is 21 days after
				receipt of the notice of proposed action or the notice of action, pursuant to
				the provisions of the Uniform Rules of Procedure.
Rulemaking Authority
					  120.54(5),
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 120.54(5),
					  120.569,
					  373.084,
					  373.085,
					  373.216,
					  373.308,
					  373.309,
					  373.116,
					  373.119,
					  373.219,
					  373.323,
					  373.406(6),
					  373.413,
					  373.416,
					  373.418,
					  373.426,
					  373.427 FS.
New 7-1-98, Amended
					 3-2-00.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-1 - GENERAL AND PROCEDURAL RULES › Section 40A-1.1020 - General Procedures for Permit Applications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  120.54(5),
					 373.044,
					 373.113,
					 373.118,
					 373.4136 FS. Law Implemented
					 120.54(5),
					  120.60,
					  373.084,
					  373.085,
					  373.171,
					  373.216,
					  373.219,
					  373.229,
					  373.308,
					  373.309,
					  373.118,
					  373.2295,
					  373.323,
					  373.413,
					  373.416,
					  373.418,
					  373.426 FS.
New 7-1-98, Amended 3-2-00, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-1 - GENERAL AND PROCEDURAL RULES › Section 40A-1.1030 - Contract Bidding - Resolution of Protest (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54(5),
					 373.044 FS. Law Implemented
					 120.57(3),
					 373.083
					 FS.
New 7-1-98, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-1 - GENERAL AND PROCEDURAL RULES › Section 40A-1.1040 - General Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54(5),
					 373.044,
					 373.118 FS. Law Implemented
					 373.118
					 FS.
New 7-1-98, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this chapter is to implement the provisions of
				  Part II of Chapter 373, F.S., and the Water Resource Implementation Rule set
				  forth in Chapter 62-40, F.A.C. Additional rules relating to water use are found
				  in Chapter 40A-1, F.A.C., entitled General and Procedural, Chapter 40A-3,
				  F.A.C., entitled Regulation of Wells and Chapter 40A-21, F.A.C., entitled Water
				  Shortage Plan.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.171,
					 373.216,
					 373.219
					 FS.
New 10-1-82, Amended 1-5-86, 10-1-95, 7-1-98,
					 5-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.031 - Implementation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.103(1),
					 373.216,
					 373.226
					 FS.
New 10-1-82, Amended 3-1-84, 1-5-86, Repealed
					 7-1-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-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) The District issues
				water use permits in two forms, Individual Water Use Permits and General Water
				Use Permits. General Water Use Permits are issued by rule.
(3) An individual permit is required for any
				use of water which is non-exempt and does not qualify for a General Water Use
				Permit by rule in accordance with Rule
				 40A-2.061, F.A.C.
(4) Under certain circumstances, the District
				is authorized to issue a temporary water use permit pursuant to Section
				 373.244, F.S.
(5) A water user shall obtain one permit for
				all withdrawals and diversions that are intended to serve contiguous property.
				Two or more properties represented by their owners 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 withdrawal facilities and related infrastructure or
				(b) are operated as a common enterprise. However, when multiple use types, as
				defined in Rule  40A-2.501, F.A.C., are served by
				separate withdrawal facilities, the District is authorized to issue separate
				individual permits.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.116,
					 373.118,
					  373.171  FS. Law Implemented
					 373.171,
					  373.219,
					  373.226 FS.
New 10-1-82, Amended 1-5-86, 5-4-87, 8-1-89, 5-31-92,
					 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06,
					 5-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
No permit is required under Rule
				   40A-2.041, F.A.C., for water
				  used strictly for domestic use which occurs in a private residence, and
				  includes no more than one rental residence or no more than four non-rental
				  residences served by one well.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.171,
					 373.216,
					 373.219
					 FS.
New 10-1-82, Amended 5-17-83, 3-1-84, 1-5-86, 8-1-89,
					 5-31-92, 11-2-92, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 1-4-10,
					 5-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.061 - General Water Use Permits by Rule

Current through Reg. 50, No. 138; July 16, 2024
(1)
				General Water Use Permit by Rule.
(a) The
				Board hereby grants a General Water Use Permit for all non-exempt, water uses
				of water that satisfy the following criteria:
1. Have a cumulative average annual daily
				withdrawal less than 100, 000 gallons per day on an annual basis;
2. Are from facilities having a cumulative
				withdrawal capacity of less than 1, 000, 000 gallons per day;
3. Are from groundwater wells less than eight
				(8) inches in diameter;
4. Are from
				surface water facilities which have a cumulative intake diameter less than six
				(6) inches;
5. Are consistent with
				requirements of any applicable mandatory reuse zones; and
6. Are not within a Water Resource Caution
				Area or Area of Resource Concern as delineated in Rule
				 40A-2.902,
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.121 - Application Processing, Notice and Hearing Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.116,
					 373.229
					 FS.
New 10-1-82, Amended 1-5-86, 11-1-93, 10-1-95, Repealed
					 7-1-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.141 - Request for Additional Information; Incomplete Application (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044 FS. Law Implemented
					 120.60,
					 373.219,
					 373.229,
					 373.232
					 FS.
New 10-1-82, Repealed
					 1-5-86.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.201 - Fees

Current through Reg. 50, No. 138; July 16, 2024
There shall be a non-refundable water use permit application
				  processing fee according to the following schedule for all new, modification,
				  or renewal applications:
Annual Average Daily Withdrawal Processing Fee*
Amounts (Gallons)
Less than 25, 000 gallons per day, average $100.00
25, 000 to 99, 999 gallons per day, average $250.00
100, 000 to 499, 999 gallons per day, average $500.00
500, 000 to 999, 999 gallons per day, average $1,
				  000.00
1, 000, 000 to 1, 999, 999 gallons per day, average $2,
				  000.00
2, 000, 000 gallons or more per day, average $3,
				  000.00
Permit Transfer or Letter Modification $50.00
Temporary Permit (in addition to the fees identified above)
				  $50.00
*Any county or municipality meeting the criteria specified in
				  Section  218.075, F.S., may request a
				  reduction in the required fee amount as provided in Rule
				   40A-1.2025, F.A.C.
**No transfer fee is required if the transfer is processed in
				  conjunction with a permit modification or renewal.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.109
					 FS.
New 10-1-82, Amended 1-5-86, 8-1-89, 1-1-90, 1-1-91,
					 10-1-95, 5-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.301 - Conditions for Issuance

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 water use, 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 › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.302 - General Water Use Permit - Criteria, Limitations and Conditions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.118,
					 373.216
					 FS.
New 1-5-86, Amended 5-31-92, 11-2-92, 11-1-93, 10-1-95,
					 1-1-05, Transferred to
					  40A-2.061.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-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,
					 373.216
					 FS.
New 10-1-82, Amended 10-1-95, Repealed by Section 3,
					 Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.321 - Duration of Permits

Current through Reg. 50, No. 138; July 16, 2024
The Governing Board or Executive Director shall specify for
				  each water use permit issued (new, modification, or renewal) a specific period
				  of time the permit will be valid. The District shall notify the permit
				  applicant, pursuant to the provisions of Rule
				   40A-1.203, F.A.C., of the
				  recommended duration for the requested permit. The Governing Board or Executive
				  Director is authorized to approve permit durations up to the statutory limits
				  specified in Section  373.236, F.S., provided that the
				  applicant demonstrates reasonable assurance that the proposed use meets the
				  conditions for issuance in Rule
				   40A-2.301, F.A.C., for the
				  requested duration. Otherwise, the Governing Board or Executive Director is
				  authorized to issue permits for a shorter duration that reflects the period for
				  which such reasonable assurances can be provided. Special duration factors
				  listed in section 1.5.1 of the Water Use Permit Applicant's Handbook shall be
				  considered in determining permit durations.
(1) The District shall extend a permit
				duration for public water supply utilities which have demonstrated water
				savings achieved through implementation of a water conservation plan. The
				definition of a goal-based water conservation plan and the length of the
				extension will be determined as described in section 2.3.7.8 of the Water Use
				Permit Applicant's Handbook.
(2)
				The Governing Board is authorized to grant a permit of lesser duration than
				those specified above, in order to address special duration factors as
				described in section 1.5.1 of the Water Use Permit Applicant's Handbook or to
				provide for the protection of the resource or existing legal uses (e.g.,
				insufficient data for long-term authorization) or for other considerations as
				provided by Section  373.236, F.S.
(3) 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
					 373.185,
					 373.219,
					 373.236
					 FS.
New 10-1-82, Amended 5-17-83, 1-5-86, 11-2-92, 7-1-98,
					 5-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.341 - Revocation of Permits (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,
					  373.243 FS.
New 1-5-86, Repealed
					 7-1-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.342 - Permit Denial (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044 FS. Law Implemented
					 373.171,
					 373.219,
					 373.223
					 FS.
New 10-1-82, Repealed
					 1-5-86.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.351 - Transfer of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A Permittee
				may request that the District transfer his Individual Water Use Permit to
				another entity with that entity's consent provided that the Permittee is
				compliant with the terms and conditions of the permit and that appropriate
				legal control is maintained.
(2)
				Persons who wish to continue an existing, permitted water use and who have
				acquired ownership or legal control of permitted water withdrawal or diversion
				facilities or the land on which the facilities are located must apply to
				transfer the permit to themselves within 45 days of acquiring ownership or
				legal control of such facilities or such land.
(3) A request for permit transfer shall be
				made using NWFWMD Form No. 163 (Request for Water Use Permit Transfer,
				effective May 29, 2014, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03864
),
				which is hereby incorporated by reference and available from the District's
				website (nwfwater.com) or from District Offices; and must include the required
				processing fee. The District will transfer the permit provided all aspects of
				the permit except for the Permittee remain the same. All terms and conditions
				of the permit being transferred shall be binding on the transferee.
(4) Persons who apply to transfer a permit
				under subsection (1) above, and who propose to change the source, use type or
				withdrawal or diversion quantities from those specified on the existing permit
				must also submit an application to modify the permit.
(5) A General Water Use Permit is hereby
				transferred by rule to the entity that has ownership or controlling interest of
				the point of water withdrawal or diversion.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.109,
					 373.118,
					 373.216,
					 373.219
					 FS.
New 10-1-82, Amended 5-31-92, 11-1-93, 10-1-95, 1-4-10,
					 5-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.361 - Renewal of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications
				for renewal of Individual Water Use Permits shall be made no earlier than one
				year prior to the expiration of the permit. Application for a permit renewal is
				timely only if received by the District not later than the expiration date of
				the existing permit.
(2) All
				Individual Water Use Permit renewal applications shall be treated in the same
				manner as the initial application.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.216,
					 373.239
					 FS.
New 10-1-82, Amended 1-5-86, 11-1-93, 10-1-95, 5-29-14,
					 4-29-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.381 - Limiting Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) The District
				shall impose upon any permit issued pursuant to this chapter such reasonable
				conditions as are necessary to: provide for the monitoring of the authorized
				use; provide for the use of reclaimed water; provide that the withdrawal and
				use of water is consistent with the policies of the District; prevent the level
				of the potentiometric surface of an aquifer, or the level of a surface water
				body, to be drawn below any minimum level established by the Board; and to
				provide that the authorized withdrawal is not harmful to the water resources of
				the District. Applicants shall be notified pursuant to Rule
				 40A-1.203, F.A.C., of any
				conditions imposed upon their permit.
(2) Every permit acquired under this Chapter
				shall include standard terms which describe the following information:
(a) Permittee's name and address;
(b) Permit number;
(c) Date permit application filed;
(d) Date permit granted;
(e) Permit expiration date;
(f) Water source classification(s);
(g) Water use classification;
(h) Property location;
(i) Authorized withdrawal or diversion
				amounts; and
(j) Withdrawal
				locations.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.441 - Temporary Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.216,
					 373.219,
					 373.244
					 FS.
New 10-1-82, Amended 1-5-86, 5-31-92, 10-1-95, 1-1-05,
					 Repealed 5-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.511 - Declaration of Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
The Governing Board shall implement water shortage
				  declarations pursuant to the provisions of Chapter 40A-21,
				  F.A.C.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.175,
					 373.246
					 FS.
New 10-1-82, Amended 1-5-86,
					 5-31-92.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.801 - Declaration of Water Resource Caution Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) The Governing Board is authorized to
				declare any portion of the District to be a Water Resource Caution Area. The
				Governing Board will consider the following criteria when determining whether
				to designate an area of the district a Water Resource Caution Area:
(a) Areas where fresh water resources are
				experiencing, or which are anticipated to experience within the next 20 years,
				significant or widespread reductions in water levels, salt water intrusion,
				mineralization, upconing of lower quality water, man induced contamination, or
				any other degradation;
(b) Areas
				experiencing, or which are anticipated to experience within the next 20 years,
				reductions in ground or surface water quantity or quality which adversely
				impacts existing legal users, or the environmental resources of the District,
				such as flora or fauna;
(c) Areas
				where existing water supply sources are not expected to be sufficient to meet
				projected demands for the next 20 years, or which will be required to use
				advanced water treatment technology or the importation of water to meet
				projected demands; and,
(d) Areas
				where Phase III, Extreme Water Shortages, or Phase IV, Critical Water Shortage,
				restrictions have been imposed on a frequent basis.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.902 - Areal Boundary Maps for Water Use Permitting

Current through Reg. 50, No. 138; July 16, 2024
General areal boundaries for Water Resource Caution Areas and
				  Areas of Resource Concern are established for the implementation of water use
				  permitting pursuant to this chapter and are indicated in Figures 2-1, 2-2, and
				  2-3. These boundaries are depicted in detail on the following maps: Water
				  Resource Caution Area Map for Santa Rosa County (
http://www.flrules.org/Gateway/reference.asp?No=Ref-05287
);
				  Water Resource Caution Area Map for Okaloosa County (
http://www.flrules.org/Gateway/reference.asp?No=Ref-05286
);
				  Water Resource Caution Area Map for Walton County (
http://www.flrules.org/Gateway/reference.asp?No=Ref-05288
);
				  Upper Telogia Creek Drainage Basin Water Resource Caution Area and Area of
				  Resource Concern Map for Gadsden County (
http://www.flrules.org/Gateway/reference.asp?No=Ref-05285
);
				  and Area of Resource Concern Map for Bay County (
http://www.flrules.org/Gateway/reference.asp?No=Ref-05284
),
				  and are hereby incorporated by reference (effective April 29, 2015). Copies of
				  these maps can be obtained from the District's website (nwfwater.com) or from
				  the Northwest Florida Water Management District, 81 Water Management Drive,
				  Havana, Florida 32333-4712.
Click
				  here to view image
Click
				  here to view image
Click
				  here to view image
Rulemaking Authority
					 373.044,
					 373.171 FS. Law Implemented
					 373.216
					 FS.
New 10-1-82, Amended 1-5-86, 5-4-87, 8-1-89, 5-31-92,
					 7-1-98, 1-1-05, 5-29-14, 4-29-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.903 - Permitting Capacity Table (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.171 FS. Law Implemented
					 373.216,
					 373.171
					 FS.
New 10-1-82, Repealed
					 1-5-86.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.904 - Areal Boundary Maps for Water Resource Caution Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) Areal boundaries for the Santa Rosa,
				Okaloosa, and Walton County Water Resource Caution Area encompassing the area
				south of Eglin Air Force Base in Santa Rosa, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03875
),
				Okaloosa (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03874
),
				and Walton County, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03877
),
				also the area extending south of SR-20 in Walton County to the Bay County,
				(
http://www.flrules.org/Gateway/reference.asp?No=Ref-03876
),
				Line are established for the implementation of water use permitting pursuant to
				this chapter and are indicated in Figure 2-2. These boundaries are depicted in
				specific detail for each of these counties on general county highway maps.
				These maps are hereby incorporated by reference and can be obtained from the
				District's website (nwfwater.com) or from District offices.
(2) Areal boundaries for the Upper Telogia
				Creek Drainage Basin Water Resource Caution Area are established for the
				implementation of water use permitting pursuant to this Chapter and are
				indicated in Figure 2-3. These boundaries are depicted in detail on the Gadsden
				County, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03873
),
				general county highway map. This map is hereby incorporated by reference and
				can be obtained from the District's website (nwfwater.com) or from District
				offices.
Click
				  here to view image
Click
				  here to view image
Rulemaking Authority
					 373.044,
					 373.171 FS. Law Implemented
					 373.216
					 FS.
New 8-1-89, Amended 5-31-92, 11-1-93,
					 5-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Section 40A-3.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of
				Chapter 40A-3, F.A.C., is to implement the duties and responsibilities of the
				District under Part III, Chapter 373, F.S., and those responsibilities and
				duties delegated to the District by the Department of Environmental Protection
				relative to regulating the location, construction, repair, or abandonment of
				wells, and the licensing of water well contractors. It is the policy of the
				Board that these rules are a reasonable necessity to insure the protection and
				management of water resources and the health, safety, and general welfare of
				the people of this District.
(2)
				The rules in this chapter implement the regulation of wells and licensing of
				water well contractors.
(3) Rules
				relating to water well contractor licensing are found in Chapter 62-531,
				F.A.C., effective 6-22-14,
				https://www.flrules/org/Gateway/reference.asp?No=Ref-09102, adopted by
				reference in Rule  40A-3.037, F.A.C., of these
				rules.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.309,
					 373.333,
					 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,
					  373.342 FS.
New 4-14-80, Amended 2-1-82, 10-1-84, 1-9-86, Formerly
					 16G-3.01, Amended 8-1-89, 8-15-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Section 40A-3.031 - Implementation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 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 4-14-80, Amended 2-1-82, 3-29-84, 10-7-82, 1-9-86,
					 Formerly 16G-3.03, Repealed 7-1-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Section 40A-3.032 - Delegation (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(2),
					 373.342
					 FS.
New 1-9-86, Repealed
					 7-1-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Section 40A-3.037 - Water Well Contractor Licensing

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Chapter 62-531, F.A.C., effective 8-7-19, which requires the licensing of water
				well contractors, is hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-11589
,
				a copy can be obtained from District offices upon request. The licensing
				program shall be administered and enforced by the District under the authority
				delegated to it by the Department of Environmental Protection by Order dated
				July 11, 1984.
(a) The Water Well Contractor
				Continuing Education Program Manual, effective 8-7-19,
http://www.flrules.org/Gateway/reference.asp?No=Ref-11590
,
				is referenced in Chapter 62-531, F.A.C., and is hereby incorporated by
				reference, and requires the use of the following forms, which are also
				incorporated by reference:
1. Coursework
				Certificate of Attendance and Evaluation, Florida Water Well Contractor
				Continuing Education Program, Form 1, effective 6-22-14,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09478
.
2. Florida Water Well Contractor Continuing
				Education Program, Certificate of Completion, Form 2, effective 6-22-14,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09479
.
3. Application for Continuing Education
				Coursework Approval, Florida Water Well Contractor Continuing Education
				Program, Form 3, effective 6-22-14,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09617
.
4. Application for Continuing Education
				Course Provider, Florida Water Well Contractor Continuing Education Program,
				Form 4, effective 6-22-14,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09618
.
Copies of the Water Well Contractor Continuing Education
				  Program Manual and the forms referenced therein can be obtained from District
				  offices upon request.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Section 40A-3.038 - Violations of Licensing Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					  373.323,
					 373.337 FS. Law Implemented
					 373.323,
					  373.333,
					  373.336 FS.
New 1-9-86, Amended 8-1-89, 12-1-90, 11-1-92, Repealed by
					 Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part I - PERMITTING OF WELLS › Section 40A-3.040 - Scope of Part I (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,
						373.324
						FS.
New 1-9-86, Repealed
						7-1-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part I - PERMITTING OF WELLS › Section 40A-3.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) A permit is not required prior to the
				  construction, repair, or abandonment of any well exempted by Sections
				   373.303(7)  and
				   373.326, F.S. (any well for the
				  purpose of obtaining or prospecting for oil, natural gas, minerals, or products
				  of mining or quarrying; wells for inserting media to dispose of oil brines, or
				  to repressure oil or natural gas-bearing formations; wells for storing
				  petroleum or natural gas or other products; or wells used for temporary
				  dewatering for construction purposes).
(2) When the District finds that compliance
				  with all requirements of this chapter would result in undue hardship, supported
				  by information which demonstrates that the intent and purpose of the rule will
				  not be impaired, an exemption from any one or more such requirements shall be
				  granted by the District to the extent necessary to ameliorate such undue
				  hardship. Such information may include water quality sampling or other
				  reasonable information or action deemed necessary to assure the well will not
				  adversely impact the water resource. The request for an exemption must be
				  submitted in writing and detail the reasons why compliance with the
				  requirements of this chapter will create a hardship.
(3) A water well contractor license is not
				  required for a homeowner when he/she plans to construct a well two (2) inches
				  or less inside diameter on his/her own or leased property, intended for use
				  only in a single family house which is his/her residence or intended for use
				  only for farming purposes on his/her farm, and when the waters to be produced
				  are not intended for use by the public or any residence other than his/her own.
				  However, the well construction must meet all applicable standards of this
				  chapter.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.303,
						 373.306,
						 373.308,
						 373.309,
						 373.313,
						 373.316,
						 373.326 FS.
New 4-14-80, Amended 2-1-82, 5-17-83, 3-29-84, 1-9-86,
						Formerly 16G-3.05, 16G-3.12, Amended 8-1-89, 12-1-90, 11-1-92, 7-1-98,
						8-15-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part I - PERMITTING OF WELLS › Section 40A-3.201 - Permit Application Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) There
				  shall be an application fee according to the following schedule, unless the
				  well is a potable well within a delineated area as established by the
				  Department, pursuant to Chapter 62-524, F.A.C.:
OUTSIDE DIAMETER
FEE*
OF CASING
Public Supply Wells, Construction and Repair
All Diameters
$250.00
Limited Use Public Supply Wells, Construction and
								Repair
All Diameters
$200.00
All Other Wells, Construction and Repair,
6 Inches and larger
$100.00
Not Listed Above
Diameter
All Other Wells, Construction and Repair,
4 Inch Diameter, but less
$50.00
Not Listed Above
than 6 Inch Diameter
All Other Wells, Construction and Repair,
Less than 4 Inch Diameter
$35.00
Not Listed Above
Monitor Wells
All Diameters
$30.00
Well Abandonment
All Diameters
$10.00
Emergency Telephone Authorization - Added to
Regular Permit Fee
All Diameters
$25.00
Exemption (variance) Added to
6 Inches and Larger
$150.00
Regular Permit Fee
Less Than 6 Inches
$50.00
(2)
				  There shall be an application fee according to the following schedule, for
				  those potable wells constructed within an area of groundwater contamination, as
				  delineated by the Department pursuant to Chapter 62-524, F.A.C.:
OUTSIDE DIAMETER
FEE*
OF CASING
Public and Limited Use
All Diameters
$500.00
Public Supply Wells
Potable Wells Serving
All Diameters
$100.00
Single Family Residences
Exemption (variance)
6 Inches and Larger
$150.00
Added to Regular Permit Fee
Less Than 6 Inches
$50.00
*All permit application fees shall be
								non-refundable.
Note: The Emergency Telephone Authorization Fee and
					 Exemption Fee are in addition to the standard permit fees listed above, and
					 shall accompany applications for permits.
Rulemaking Authority
						373.044,
						 373.109,
						373.113,
						373.171,
						373.337 FS. Law Implemented
						373.109,
						 373.309 FS.
New 4-14-80, Amended 6-11-80, 4-13-81, 2-1-82, 5-17-83,
						1-9-86, Formerly 16G-3.20, 16G-3.13, Amended 8-1-89, 1-1-90, 12-1-90, 2-14-91,
						11-1-93.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part I - PERMITTING OF WELLS › Section 40A-3.301 - Conditions for Issuance of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  The District shall complete action upon any permit application within fourteen
				  (14) days after receipt of a complete application, except in the case of water
				  wells constructed for public water supply systems as defined in subsection
				   62-532.200(23),
				  F.A.C., and wells constructed for the artificial recharge of water, wells
				  requiring an Individual Water Use Permit under provisions of Chapter 40A-2,
				  F.A.C., in which case permit action shall be completed within 90 days of
				  receipt of a complete application for the construction of an artificial
				  recharge well or Chapter 40A-2, F.A.C., application.
(2) The issuance of a permit is dependent
				  upon:
(a) The application being accompanied by
				  the required fee, and containing the information required on Department Form
				  Number  62-532.900(1),
				  State of Florida Permit Application to Construct, Repair, Modify, or Abandon a
				  Well, incorporated by reference in subsection
				   40A-3.041(3),
				  F.A.C., effective 10-7-10,
https://www.flrules.org/Gateway/reference.asp?No=Ref-09094
.
				  An application will be deemed incomplete if any portion of the application form
				  is left blank or if the required sketch is illegible, does not provide the
				  means to locate the proposed well, or is not consistent with the land
				  coordinates provided in the application.
(b) The proposed construction, repair, or
				  abandonment being in accordance with applicable law, rules, and
				  orders.
(c) The work being done for
				  a purpose and in a manner which is consistent with generally accepted
				  engineering, hydrologic, and hydrogeologic practices.
(d) Whether the construction of the well will
				  adversely affect the ground water resources.
(e) Whether the proposed well's proximity to
				  an area of ground water contamination delineated under the provisions of
				  Chapter 62-524, F.A.C., may adversely affect the ground water resources or
				  present a threat to the health, safety, and welfare of individuals who, through
				  ingestion, inhalation, or dermal absorption may be exposed to ground water
				  contamination.
(f) Whether the
				  Governing Board has approved the issuance of an Individual Water Use permit or
				  the construction of an artificial recharge well, if
				  applicable.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part I - PERMITTING OF WELLS › Section 40A-3.321 - Duration of Permits

Current through Reg. 50, No. 138; July 16, 2024
All permits shall be valid for a period of ninety (90)
					 days. If construction, repair or abandonment is not completed within that time,
					 the District shall extend the permit for a period not to exceed ninety (90)
					 days provided the conditions of the original permit application have not
					 changed. Public water supply well permits may be renewed for a period of up to
					 one (1) year from the date of permit issuance (in increments of ninety days per
					 renewal request only). The District must receive a written request for an
					 extension from the permittee or permittee's agent before the original permit
					 expires.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.308,
						 373.309 FS.
New 1-9-86, Formerly
						 40A-3.041, Amended 8-10-87,
						8-1-89, 12-1-90, 11-1-95.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part I - PERMITTING OF WELLS › Section 40A-3.341 - Disapproval of Wells

Current through Reg. 50, No. 138; July 16, 2024
(1) The District
				  shall disapprove any water well or abandoned well if the District finds, after
				  inspection, that the well does not comply with the provisions of this
				  chapter.
(2) The District shall
				  disapprove any well if the well is determined not to be suitable for the
				  intended use identified in the application submitted to the District or if the
				  well represents a threat to the water resources, or if the well is determined
				  by the Department of Environmental Protection or the Department of Health and
				  Rehabilitative Services to pose a threat to the health, safety, or welfare of
				  the user.
(3) No well which has
				  been disapproved may be used until it has been brought into compliance with
				  this chapter. A well that cannot be brought into compliance with the District's
				  rules shall be abandoned as required by subsection
				   40A-3.531(4),
				  F.A.C.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.306,
						 373.308,
						 373.309,
						 373.319 FS.
New 4-14-80, Amended 4-13-81, 2-1-82, 10-1-84, Formerly
						16G-3.34, 16G-3.18, Amended 8-1-89, 7-1-98,
						8-15-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part I - PERMITTING OF WELLS › Section 40A-3.342 - Permit Denial

Current through Reg. 50, No. 138; July 16, 2024
(1) The District shall
				  issue a notice of Intent to Deny whenever it determines that an application for
				  a permit under Rule  40A-3.041, F.A.C., fails to meet
				  the requirements of Chapter 373, F.S., or Chapter 40A-3, F.A.C., or any rule,
				  order, or standard adopted pursuant thereto.
(2) The Notice of Intent to Deny shall:
(a) State the grounds for denial;
(b) Give the date of the Governing Board
				  meeting at which the recommendation for denial shall be presented according to
				  the procedures set forth in subsection
				   40A-3.342(3),
				  F.A.C.; and
(c) Be served in
				  writing upon the contractor and owner at their last known addresses by
				  registered or certified mail.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part I - PERMITTING OF WELLS › Section 40A-3.411 - Completion Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) Within thirty
				  (30) days after the expiration of a permit, a well completion report shall be
				  filed with the District on the forms provided by the District and in accordance
				  with the instructions provided thereon.
(2) If no work is performed or if the well is
				  not completed, a report shall be filed within thirty (30) days of the
				  expiration of the permit stating that no well construction was performed under
				  the permit or outlining the status of the incomplete well.
(3) Department Form Number
				   62-532.900(2),
				  State of Florida Permit Well Completion Report, hereby incorporated by
				  reference, effective 10-7-10,
https://www.flrules.org/Gateway/reference.asp?No=Ref-09091
,
				  shall be used to report the completion of construction, repair, or abandonment
				  of any well within District jurisdiction. A copy can be obtained from district
				  offices upon request.
(4) The water
				  well contractor shall provide the well owner a copy of the well completion
				  report.
(5) The information filed
				  as a part of the completion report shall be truthful and accurate in providing
				  the specifications and characteristics of the constructed well. (See subsection
				   40A-3.901(3),
				  F.A.C.)
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.308,
						 373.309,
						 373.313 FS.
New 4-14-80, Amended 5-17-83, 1-9-86, Formerly 16G-3.41,
						16G-3.15, Amended 8-1-89, 11-1-95,
						8-15-18.