reglab/statecodes huggingface dataset:
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-3.451 - Emergency Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) Permission
				  to begin construction, repair, or abandonment of any well may be applied for by
				  telephone when conditions exist which would justify such a request. The
				  District may grant such permits at its discretion. However, a serious set of
				  unforeseen circumstances must exist to create an emergency. Mere carelessness,
				  lack of planning on the part of the applicant (the owner or the contractor for
				  the owner) or a desire to expedite the required work shall not be sufficient
				  grounds to warrant the granting of an emergency authorization.
(2) Emergency permits shall be obtained from
				  the District Headquarters only.
(3)
				  Emergency permit applications shall be accompanied by a $25.00 fee in addition
				  to the standard fee.
(4) The
				  recipient of an emergency authorization shall submit an application in writing
				  in accordance with the provision of Rule
				   40A-3.041, F.A.C., Permits
				  Required. Permit applications shall be postmarked within 24 hours of the time
				  the emergency authorization was granted by the District; the application shall
				  also be accompanied by a handwritten note stating the nature of the emergency.
				  All other provisions of these rules shall remain in force.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.109,
						 373.308,
						 373.309,
						 373.313,
						 373.326,
						 373.342,
						 373.333 FS.
New 4-14-80, Amended 1-9-86, Formerly 16G-3.45, 16G-3.16,
						Amended 5-20-20.
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-3.461 - Inspections

Current through Reg. 50, No. 138; July 16, 2024
(1) The District is authorized to inspect any
				  water well or abandoned water well within its area of responsibility. The
				  District may cause to be made such inspections as it deems necessary to insure
				  conformity with applicable standards of this rule chapter. 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.
(2) If, upon the basis of such inspections,
				  the District finds the standards of this rule chapter have not been met, the
				  District shall give the owner and contractor written notice stating which rules
				  have been violated and shall order that necessary corrective action be taken
				  within a reasonable time to be prescribed in such order. Failure to act in
				  accordance with the order of the District after receipt of written notice shall
				  be grounds for disapproval of the well.
(3) A site inspection must be completed by an
				  authorized representative of the District or the Department prior to issuing a
				  permit for construction of a public water supply well.
(4) The District shall be notified at least
				  24 hours in advance of placement of grout in the annular space of any public
				  supply water well; failure to notify the District sufficiently in advance may
				  result in delay of completion of the well. A District representative will be on
				  site to observe the grouting. If the District is properly notified and an
				  inspector is not at the site at the appointed time, the grouting may be
				  accomplished in his absence.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.119,
						 373.308,
						 373.309,
						 373.319,
						 373.333 FS.
New 4-14-80, Amended 2-1-82, 1-9-86, Formerly 16G-3.46,
						16G-3.22, Amended 7-1-98, 3-2-00.
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-3.492 - Violations of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Actions,
				  omissions, or conduct which shall be considered as violations for the purposes
				  of Part I, Permitting, shall include the following:
(a) Failure to obtain a permit where required
				  under Rule  40A-3.041, F.A.C.
(b) Failure to provide accurate information
				  in the application for a permit.
(c) Failure to fulfill the guidelines for
				  obtaining an emergency permit.
(d)
				  Failure to comply with any or all permit conditions.
(e) Failure to submit a completion report
				  within the time period specified in Rule
				   40A-3.411, F.A.C.
(f) Failure to file an accurate completion
				  report.
(g) Failure to report to
				  the District within thirty (30) days of expiration of the permit when no work
				  is performed or the well is not completed.
(h) Failure to notify the District 24 hours
				  prior to the grouting of the annular space of any public supply well.
(i) Failure to fulfill any other applicable
				  requirements of Chapter 373, Part III, F.S., or Chapter 40A-3,
				  F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part II - CONSTRUCTION, REPAIR, AND ABANDONMENT STANDARDS › Section 40A-3.500 - Scope and Part II (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						373.171 FS. Law Implemented
						373.308,
						373.309,
						373.313
						FS.
New 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 II - CONSTRUCTION, REPAIR, AND ABANDONMENT STANDARDS › Section 40A-3.502 - Construction Methods

Current through Reg. 50, No. 138; July 16, 2024
(1) Wells must be
				  so constructed, cased, grouted, plugged, capped, or sealed as to prevent
				  uncontrolled surface flow, uncontrolled movement of water from one aquifer or
				  zone to another, contamination of ground water or surface water resources, or
				  other adverse impacts.
(a) For public water
				  supply wells connected to a community water system on or after August 28, 2003,
				  except those connected under a construction permit for which the Department
				  received a complete application before August 28, 2003, continuing protection
				  of the well from the sanitary hazards shall be provided during the entire
				  useful life of the well through one of the following means:
1. Ownership by the water supplier of all
				  land within 100 feet of the well;
2. Control by the water supplier of all land
				  within 100 feet of the well via easements, lease agreements, or deed
				  restrictions that appropriately limit use of the land; or
3. Wellhead protection, zoning, or other land
				  use regulations that appropriately limit use of all land within 100 feet of the
				  well.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part II - CONSTRUCTION, REPAIR, AND ABANDONMENT STANDARDS › Section 40A-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, or abandonment, the well opening shall be sealed with a
				  substantial watertight cover. Except for those areas of the District with the
				  concurrence of the Department, 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.
(2) Permanent Well Seals. Wells located on
				  ground subject to flooding shall be properly sealed to prevent the movement of
				  contaminants and surface water into the well. The upper end of the well casing
				  shall include a watertight seal with any vent above the 100-year flood level.
				  Pumping equipment and any necessary pipe or electrical connections shall be so
				  installed as to prevent inadvertent introduction of contaminants into the well.
				  Pumping equipment and any necessary piping or electrical connections installed
				  within the casing shall be installed through a well seal. An unobstructed
				  inspection port equipped with a removable plug shall be provided and be
				  accessible at the wellhead.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.306,
						 373.308,
						 373.309 FS.
New 1-9-86.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part II - CONSTRUCTION, REPAIR, AND ABANDONMENT STANDARDS › Section 40A-3.525 - Explosives

Current through Reg. 50, No. 138; July 16, 2024
The use of explosives in well construction or development
					 is prohibited unless it can be shown their use will not cause degradation of
					 the water resource and will not endanger the health, safety, or welfare of the
					 people. The use of explosives must be specifically approved by the
					 District.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.306,
						 373.308,
						 373.309 FS.
New 1-9-86, Amended
						4-5-88.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part II - CONSTRUCTION, REPAIR, AND ABANDONMENT STANDARDS › Section 40A-3.529 - Flowing Wells

Current through Reg. 50, No. 138; July 16, 2024
If the well flows at land surface, a valve shall be
					 provided and maintained for controlling the discharge from the well. For newly
					 constructed wells, the responsibility for controlling the discharge from the
					 well becomes the owner's upon the water well contractor's submission of a well
					 completion report to the District.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.206,
						 373.209,
						 373.306,
						 373.308,
						 373.309 FS.
New 1-9-86, Formerly
						 40A-3.701(4).
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part II - CONSTRUCTION, REPAIR, AND ABANDONMENT STANDARDS › Section 40A-3.531 - Abandoned Well Plugging

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				  abandoned wells shall be plugged.
(2) It shall be the responsibility of:
(a) The water well contractor to plug any
				  well drilled under his license which is not completed or is not suitable for
				  its intended use when work is completed. Wells which are not completed by the
				  contractor shall be plugged prior to the well drilling rig being removed from
				  the site. A well which is determined to be unsuitable for its intended use
				  shall be plugged within fourteen (14) days of notification from the
				  District.
(b) The property owner to
				  have properly plugged any existing abandoned well on his property, or any well
				  on his property which, following construction, attains the state of an
				  abandoned well as defined in subsection
				   40A-3.021(1),
				  F.A.C., of these rules.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part II - CONSTRUCTION, REPAIR, AND ABANDONMENT STANDARDS › Section 40A-3.550 - Violations of Construction Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  Acts or omissions which constitute violations of Part II of these rules
				  governing well construction standards, shall include:
(a) Failure to meet the location requirements
				  of Rule  40A-3.504, F.A.C.
(b) Failure to meet the casing specifications
				  provided in Rule  40A-3.507, F.A.C.
(c) Failure to provide an antisyphon device
				  on wells for irrigation systems.
(d) Failure to disinfect a well constructed
				  for potable use.
(e) Failure to
				  provide a nominal two-inch annulus in rotary constructed wells.
(f) Failure to properly seal the annular
				  space of any well.
(g) Failure to
				  plug an abandoned well.
(h) Failure
				  to comply with any order for corrective work.
(i) Failure to fulfill any other applicable
				  requirements of Chapter 373, Part III, F.S., or Chapter 40A-3,
				  F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part II - CONSTRUCTION, REPAIR, AND ABANDONMENT STANDARDS › Section 40A-3.701 - Construction Standards (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.812,
						403.861(8),
						(9),
						373.309 FS. 17-1.04(8), F.A.C.
						Law Implemented  373.313,
						 373.316 FS. 17-21,
						F.A.C.
New 4-14-80, Amended 10-27-80, 4-13-81, 2-1-82, 3-29-84,
						Formerly 16G-3.70, 16G-3.21, Repealed
						1-9-86.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part III - DRILLER REGISTRATION › Section 40A-3.721 - Driller Registration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.308,
						373.323,
						373.326
						FS.
New 10-1-84, Amended 1-9-86, Repealed
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part III - DRILLER REGISTRATION › Section 40A-3.725 - Responsibility of Contractor (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.308,
						373.323,
						373.326
						FS.
New 10-1-84, Repealed
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part III - DRILLER REGISTRATION › Section 40A-3.727 - Type of Registration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.308,
						373.323,
						373.326
						FS.
New 10-1-84, Repealed
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part III - DRILLER REGISTRATION › Section 40A-3.733 - Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.308,
						373.323,
						373.326
						FS.
New 10-1-84, Repealed
						1-9-86.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part III - DRILLER REGISTRATION › Section 40A-3.751 - Enforcement and Penalties (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044 FS. 17-21 F.A.C. Law
						Implemented 373.126,
						373.333
						FS.
New 4-14-80, Formerly 16G-3.75, 16G-3.76, 16G-3.31,
						16G-3.32, Transferred to 40A-980.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part III - DRILLER REGISTRATION › Section 40A-3.752 - Refusal, Suspension, or Revocation of Registration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.308,
						373.323,
						373.326
						FS.
New 10-1-84, Amended 1-9-86, Repealed
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part III - DRILLER REGISTRATION › Section 40A-3.753 - Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.323
						FS.
New 2-1-82, Repealed
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part III - DRILLER REGISTRATION › Section 40A-3.763 - Examinations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.308,
						373.323,
						373.326
						FS.
New 10-1-84, Repealed
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part III - DRILLER REGISTRATION › Section 40A-3.901 - Forms and Instructions

Current through Reg. 50, No. 138; July 16, 2024
The following forms are used in the implementation of this
					 chapter and are hereby incorporated by reference into this rule.
(1) DEP Form
				   62-532.900(1),
				  effective 10-7-10,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09094
,
				  and incorporated by reference in subsection
				   40A-3.041(3),
				  F.A.C.
(2) DEP Form
				   62-532.900(2),
				  effective 10-7-10,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09091
,
				  and incorporated by reference in subsection
				   40A-3.411(3),
				  F.A.C.
(3) NWFWMD Form 122; Request
				  For Below Grade Well Casing Approval, effective 11-1-92,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09094
,
				  and incorporated by reference in subsection
				   40A-3.512(8),
				  F.A.C.
Forms may be obtained from:
District Headquarters, 152 Water Management Drive, Havana,
					 FL 32333-9700, (850)539-5999;
DeFuniak Springs Service Office, 700 US Highway 331 S,
					 DeFuniak Springs, FL 32435.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS., 62-532, F.A.C. Law
						Implemented  373.306,
						 373.308,
						 373.309 FS.
New 4-14-80, Amended 10-27-80, 2-1-82, 1-9-86, Formerly
						16G-3.90, Amended 8-1-89, 12-1-90, 2-14-91, 11-1-92, 11-1-93, 11-1-95,
						8-15-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part IV - SUSPENSION AND REVOCATION OF WATER WELL CONTRACTOR LICENSES › Section 40A-3.951 - Introduction

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this part is to implement the delegation of
					 Section  373.333, F.S., under provisions
					 of subsection 62-101.040(10), F.A.C., by the Department of Environmental
					 Protection to the Northwest Florida Water Management District. This delegation
					 provides authority to the District to suspend or revoke the license issued
					 pursuant to Section  373.333, F.S., of any holder of
					 such license who has violated any provision of Part III, Chapter 373, F.S., or
					 any rule or regulation adopted pursuant to this part.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS., 17-1.04(8), F.A.C.
						Law Implemented  373.333(6) 
						FS.
New 2-1-82, Amended 1-9-86,
						11-1-93.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part IV - SUSPENSION AND REVOCATION OF WATER WELL CONTRACTOR LICENSES › Section 40A-3.952 - Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) Violations for purposes of this Part IV
				  shall mean the failure of any licensee or his agents or employees to comply
				  with the provisions of Chapter 373, F.S., Chapter 40A-3, 62-531, 62-532 or
				  62-555, F.A.C.
(2) A licensee will
				  be notified of any violation according to the procedures specified in Chapter
				  62-531, F.A.C., herein adopted by reference.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.323 FS.
New 2-1-82, Amended 1-9-86,
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part IV - SUSPENSION AND REVOCATION OF WATER WELL CONTRACTOR LICENSES › Section 40A-3.954 - Reporting of Drillers Not Required to be Licensed (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 17-1.04(8) F.A.C. Law Implemented
						373.323(3), (6)
						FS.
New 2-1-82, Repealed
						1-9-86.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part IV - SUSPENSION AND REVOCATION OF WATER WELL CONTRACTOR LICENSES › Section 40A-3.955 - Suspension; Suspension with Conditions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.323
						FS.
New 2-1-82, Repealed
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part IV - SUSPENSION AND REVOCATION OF WATER WELL CONTRACTOR LICENSES › Section 40A-3.956 - Revocation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.323
						FS.
New 2-1-82, Repealed
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-3 - REGULATION OF WELLS › Part V - ENFORCEMENT AND PENALTIES › Section 40A-3.980 - Enforcement and Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) Enforcement
				  of these rules shall be as provided by Chapter 373, F.S., and Chapter 62-531,
				  F.A.C., adopted herein by reference.
(2) Penalties for violation of these rules
				  shall be as provided by Chapter 373, F.S., and Chapter 62-531, F.A.C., adopted
				  herein by reference.
Rulemaking Authority
						373.044,
						373.113,
						373.171,
						373.309,
						373.337 FS. Law Implemented
						 373.333,
						 373.336 FS.
New 4-14-80, Amended 10-1-84, Formerly 16G-3.75,
						16G-3.76, 16G-3.31, 16G-3.32,  40A-3.751, Amended
						8-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.011 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.418 FS. Law Implemented
					 373.413,
					 373.416,
					 373.418,
					 373.426,
					 373.428
					 FS.
New 4-14-80, Formerly 16G-4.01, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.021 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.414,
					 373.416,
					  373.418,
					 373.426,
					 403.813 FS. Law Implemented
					 373.418,
					  373.413 FS.
New 4-14-80, Formerly 16G-4.02, Amended 7-1-98, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.041 - Permit Required (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.406,
					 373.418,
					 380.06(9) FS.
					 Law Implemented  373.413,
					  373.416,
					  373.426 FS.
New 4-14-80, Amended 2-1-82, Formerly 16G-4.04, Amended
					 7-1-98, Repealed 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.051 - Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.418 FS. Law Implemented
					 373.406,
					 373.413,
					 373.416,
					 373.426,
					 403.813
					 FS.
New 4-14-80, Formerly 16G-4.05, Amended 7-1-98, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.061 - Mitigation Banks (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.046,
					 373.083,
					 373.4036,
					 373.4135,
					 373.4137
					 FS.
New 6-22-94, 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-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.091 - Processing of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.406,
					 373.418 FS. Law Implemented
					  373.118,
					  373.406,
					  373.417,
					  373.418,
					  373.4141,
					  373.416,
					  373.426 FS.
New 4-14-80, Amended 2-1-82, Formerly 16G-4.061, Amended
					 7-1-98, Repealed 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.101 - Content of Application (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.131,
					  373.406,
					 373.418 FS. Law Implemented
					 373.406,
					  373.413,
					  373.416,
					  373.426,
					  373.427 FS.
New 4-14-80, Amended 2-1-82, Formerly 16G-4.10, Amended
					 7-1-98, 3-2-00, Repealed 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.142 - Headgates, Valves, and Measuring Devices (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.409,
					 373.413,
					 373.416,
					 373.436
					 FS.
New 4-14-80, Amended 2-1-82, Formerly 16G-4.14, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.143 - Abandonment (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.426
					 FS.
New 4-14-80, Amended 2-1-82, Formerly 16G-4.15, 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-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.201 - Permit Processing Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.418 FS. Law Implemented
					 373.109
					 FS.
New 4-14-80, Formerly 16G-4.20, Amended 8-1-89, 1-1-90,
					 7-1-98, Repealed 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.301 - Conditions for Issuance of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.418 FS. Law Implemented
					 373.042,
					 373.0421,
					 373.413(1),
					 373.416,
					 373.418,
					 373.426
					 FS.
New 4-14-80, Amended 2-1-82, Formerly 16G-4.30, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.321 - Duration of Permit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.418 FS. Law Implemented
					 373.413,
					 373.416(2),
					 373.418,
					 373.426
					 FS.
New 4-14-80, Formerly 16G-4.32, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.331 - Revocation and Modification of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.418 FS. Law Implemented
					 373.429
					 FS.
New 4-14-80, Amended 2-1-82, Formerly 16G-4.34 Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.411 - Completion Report (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.413,
					 373.416,
					 373.419,
					 373.426
					 FS.
New 4-14-80, Formerly 16G-4.41, Amended 7-1-98, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.461 - Inspection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.413,
					 373.416,
					 373.423,
					 373.426
					 FS.
New 4-14-80, Formerly 16G-4.46, 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-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.471 - Abatement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.433
					 FS.
New 4-14-80, Formerly 16G-4.47, 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-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.481 - Remedial and Emergency Measures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.436,
					 373.439
					 FS.
New 4-14-80, Formerly 16G-4.48, Amended 7-1-98, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-4 - MANAGEMENT AND STORAGE OF SURFACE WATERS › Section 40A-4.901 - Forms and Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.418 FS. Law Implemented
					  373.116,
					  373.118,
					  373.413,
					  373.416,
					  373.418,
					  373.426 FS.
New 4-14-80, Amended 2-1-82, Formerly 16G-4.90, Repealed
					 10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) The rules of
				this chapter are published to provide protection for the works of the District
				by establishing procedures to be followed by those who find it necessary to
				connect to, withdraw water from, discharge water into, place construction
				within or across, or to otherwise make use of the works of the District. State
				law prohibits such work unless approved by the Governing Board of the
				District.
(2) "The Works of the
				District" shall be specifically named in this chapter as these works are
				established by the Governing Board.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.084,
					 373.085,
					 373.086,
					 373.087,
					 373.103,
					 373.139
					 FS.
New 4-14-80, Formerly 16G-6.01, Amended 10-29-80, 3-2-00,
					 8-6-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The terms set forth herein shall have the meanings ascribed
				  to them unless the context clearly indicates otherwise and such meaning shall
				  apply throughout Chapter 40A-6, F.A.C. The terms defined in Chapter 373, F.S.,
				  shall also apply throughout this chapter.
(1) "Tributaries" means the contributing
				streams and other watercourses, including brooks, rills, and rivulets,
				extending upstream to the point where water usually begins to flow in a regular
				channel, with an alveolus, or bed, and banks or sides, or to the point where
				the lines of ordinary high water marks converge, whichever extends the farthest
				upgradient.
(2) "Works of the
				District" means those projects and works including, but not limited to,
				structures, impoundments, wells, streams, and other watercourses, together with
				the appurtenant facilities and accompanying lands which have been officially
				adopted by the Governing Board of the District as works of the
				District.
(3) "Public interest"
				shall not be construed to mean only those activities conducted solely to
				provide facilities or benefits to the general public. Private activities
				conducted for private purposes may also be in the public
				interest.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.084,
					 373.085,
					 373.086,
					 373.087,
					 373.103
					 FS.
New 4-14-80, Formerly 16G-6.02, Amended
					 10-29-80.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.041 - Permit Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				expressly exempted by these rules or by the statutes, a permit shall be
				required to connect to, withdraw water from, place construction within or
				across, or otherwise make use of a work of the District, or to remove any
				facility or otherwise terminate such activity.
(2) The permit does not convey any property
				rights or privileges other than those specified in the permit; it does not
				authorize any injury to private property or invasion of private rights; nor
				does it waive the governing requirements of any other agency or
				authority.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.418 FS. Law Implemented
					  373.084,
					  373.085,
					  373.086,
					  373.413,
					  373.416,
					  373.426 FS.
New 4-14-80, Amended 2-1-82, Formerly 16G-6.04, Amended
					 4-17-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.101 - Content of Application

Current through Reg. 50, No. 138; July 16, 2024
(1) All permit
				applications under this chapter shall be filed with the Governing Board on
				NWFWMD Form No. 67 "Northwest Florida Water Management District Works of the
				District Permit Application"(effective August 1, 2013), which is hereby
				incorporated by reference. Copies of the form may be obtained from
http://www.flrules.org/Gateway/Reference.asp?No=Ref-02970
or the District's website
www.nwfwmd.state.fl.us
. All
				applications shall be signed by the owner, lessee, or their authorized agent,
				of the land included in or adjacent to that portion of the works of the
				District involved in the proposal or by the owner, lessee, or their authorized
				agent, of the land served if the proposal is a drainage or
				withdrawal.
(2) Each permit
				application shall include:
(a) The name and
				address of the applicant;
(b) The
				name and address of the owner or owners of the land upon which the construction
				or alteration is to take place;
(c)
				Location of the work;
(d) Plans and
				specifications;
(e) The name and
				address of the person who prepared the plans and specifications;
(f) The name and address, when available, of
				the person who will construct the proposed work; and
(g) The name and address of adjacent property
				owners within 1, 000 feet of the proposed work.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.201 - Permit Processing Fee

Current through Reg. 50, No. 138; July 16, 2024
The processing fee for a Works of the District application
				  will be determined by the actual costs of processing the application, with a
				  minimum cost of $250 for an individual permit.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085(1),
					 373.109
					 FS.
New 4-14-80, Formerly 16G-6.10, Amended 8-1-89, 1-1-90,
					 4-17-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.301 - Conditions for Issuance of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The issuance of a permit is dependent upon:
(a) The application being in the proper form
				and containing the required information; and
(b) The proposed construction, repair,
				abandonment, alteration, or removal being in accordance with applicable laws,
				rules, and orders.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.321 - Duration of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 373.044, 373.113, 373171,
					 373.418 FS. Law Implemented
					 373.084,
					 373.085(1),
					 373.413,
					 373.416,
					 373.426
					 FS.
New 4-14-80, Repealed
					 8-6-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.331 - Revocation and Modification of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board shall revoke or modify a permit
				pursuant to Sections  373.429 and
				 373.436, F.S., or at any time if
				it determines that the permitted work or works has become a danger to the
				public health or safety; violates the conditions of the permit; or upon request
				of the holder of the permit.
(2)
				Before any revocation or modification, the Board shall give written
				notification thereof by registered or certified mail to all affected persons.
				Such notification shall contain a statement of the reasons why the permit may
				be revoked or modified, and reference to any applicable District regulation,
				order, or permit condition. An affected person may file a written petition no
				later than fourteen (14) days after notice of proposed revocation or
				modification is served for a hearing in accordance with Chapter 120, F.S. No
				permit shall be revoked or modified before an affected person is afforded an
				opportunity for a hearing.
(3)
				Failure to perform the construction authorized within the construction period
				shown on the permit shall serve to revoke the permit unless an extension is
				granted by the Governing Board.
(4)
				If the Executive Director determines that the continued exercise of the permit
				endangers lives or property, he shall, with the concurrence of the Governing
				Board, order a temporary suspension of the construction, alteration, repair, or
				operation of the work or works until the hearing is concluded, or take such
				action as authorized under Rule
				 40A-6.481,
				F.A.C.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.418 FS. Law Implemented
					  373.085(1),
					  373.119,
					  373.413,
					  373.416,
					  373.426,
					  373.429,
					  373.436 FS.
New 4-14-80, Formerly 16G-6.33, Amended
					 8-6-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.351 - Transfer of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon notice
				that the ownership of the land adjacent to that portion of the project works
				involved in the permit, or the land served if the permit is a drainage or
				withdrawal connection, has changed, the permit shall be transferred to the new
				owner. Until properly transferred, the original owner shall remain responsible
				for the proper operation and maintenance of the facility.
(2) If not properly transferred within 30
				days of the sale of the facility or lands on which the facility is located, the
				permittee shall inform the transferee of the use limitations associated with
				the permitted facility. The transferee shall execute an affidavit acknowledging
				his awareness of the conditions and restrictions associated with the permit
				issued by the District.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.418 FS. Law Implemented
					  373.084,
					  373.085(1),
					  373.413,
					  373.416(2),
					  373.426 FS.
New 4-14-80, Formerly 16G-6.35, Amended
					 8-6-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.381 - Limiting Conditions

Current through Reg. 50, No. 138; July 16, 2024
Each permittee under this chapter shall be required:
(1) To abide by the conditions of the permit
				issued to him;
(2) To maintain any
				permitted use in a good and safe condition;
(3) To allow inspection at any time by
				District personnel of any use established under the permit;
(4) To take all reasonable measures to
				prevent the discharge of debris or aquatic plants into the works of the
				District;
(5) To accept full
				responsibility for any erosion to or shoaling in any work of the District
				caused by the permittee's use thereof and to repair or remove same without cost
				to the District;
(6) To maintain
				any permitted structures in a safe condition at all times;
(7) To plant no trees or shrubs or to erect
				no structures that will prohibit access of District equipment or vehicles
				unless specific authorization is obtained in writing from the
				District;
(8) To assure that
				discharges of water are, as a minimum, of such quality that will not degrade
				the quality of the receiving body or will meet the standards of the Department
				of Environmental Protection for the receiving body, whichever is
				higher.
Rulemaking Authority
					 373.044 FS. Law Implemented
					 373.044,
					 373.085(1),
					 373.443
					 FS.
New 4-14-80.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.411 - Completion Reports

Current through Reg. 50, No. 138; July 16, 2024
Within thirty (30) days after the completion of construction
				  or alteration for which a permit was granted by the Governing Board, the
				  permittee shall file with the District a written statement of completion along
				  with as-built drawings.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.418 FS. Law Implemented
					  373.419 FS.
New 4-14-80, Formerly
					 16G-6.41.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.451 - Emergency Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) A letter of
				authorization from the Executive Director, with the concurrence of the
				Governing Board, for emergency use of the works of the District may be obtained
				prior to issuance of a permit if the delay of normal procedures would endanger
				lives or property.
(2) A completion
				report shall be filed in accordance with Rule
				 40A-6.411, F.A.C.,
				above.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.418 FS. Law Implemented
					  373.119,
					  373.439 FS.
New 4-14-80, Formerly 16G-6.45, Amended
					 4-17-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-6 - WORKS OF THE DISTRICT › Section 40A-6.461 - Inspections (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.418 FS. Law Implemented
					  373.423 FS.
New 4-14-80, Formerly 16G-6.46, Repealed by Section 3,
					 Chapter 2012-31, Laws of Florida,
					 5-27-12.