40A-3.021. Definitions

The following words and phrases, when used in these rules, shall have the following meanings, except where the context clearly indicates a different meaning:

(1) “Abandonment” means the act, whether intentional or unintentional, of allowing a well to attain the condition of an abandoned well.

(2) “Abandoned Well” means a well the use of which has been permanently discontinued. Any well shall be deemed abandoned which is in such a state of disrepair, as determined by a representative of the District, that continued use for the purpose of obtaining ground water or disposing of water or liquid wastes is impracticable.

(3) “Aesthetic Use” means the use of water for fountains, waterfalls, and landscape lakes and ponds where such uses are ornamental and decorative.

(4) “Agricultural Irrigation Use” means the use of water for the commercial production of crops or the growing of farm products, including vegetables, citrus, pasture, nursery stock, turf grass, and sod.

(5) “Annulus” or “Annular Space” means any artificially created void existing between a well casing or liner pipe and a borehole wall.

(6) “Aquacultural Use” includes the use of water for spawning, cultivating, harvesting, or marketing of fin-fish, shellfish, crustaceans, frogs, turtles, and other aquatic organisms that have a sport or other economic value.

(7) “Aquifer” means a subsurface geologic unit capable of yielding significant quantities of water to wells and springs.

(8) “Aquifer Restoration Well” means a well used for the withdrawal of water for the purpose of recovering contaminant(s) to restore or improve the quality of the water within an aquifer.

(9) “Artificial Recharge” means the intentional introduction of water into any underground formation by means of a recharge or injection well.

(10) “Artificial Recharge Facility” means any facility constructed for the intentional introduction of water into any underground formation.

(11) “Board” means the Governing Board of the Northwest Florida Water Management District.

(12) “Certified Receipt” means the date and time an application for a permit is stamped as received in the District office.

(13) “Commercial Use” includes small businesses and facilities in which water is the prime ingredient of the service rendered, such as a car wash and laundromat.

(14) “Contractor” means any person licensed in accordance with chapter 62-531, F.A.C., and engaged in the business of construction, repair, or abandonment of wells.

(15) “Department” means the Department of Environmental Protection (DEP) or its successor agency or agencies.

(16) “Domestic Self Supply Use” means the use of water for household purposes such as drinking, bathing, cooking, sanitation, or cleaning, which occurs in a private residence, and includes no more than one rental residence or no more than four nonrental residences served by one well.

(17) “Dewatering Use” means the removal of water from a specific area to facilitate mining or construction.

(18) “District” means the Northwest Florida Water Management District operating under the authority of chapter 373, F.S.

(19) “Diversion and Impoundment into Non-District Facilities Use” means the diversion or extraction of water into non-District impoundments and delivery systems designed for such purposes as maintaining structural integrity, providing agricultural water and other non-recreational, non-aesthetic use.

(20) “Drive Shoe” means any device specifically designed, fabricated, and installed to protect the bottom end of a water well casing or liner pipe from collapse or other damage while the casing or liner pipe is being driven into place in a well.

(21) “Essential Use” includes the use of water strictly for fire-fighting purposes, health and medical purposes, and the use of water to satisfy federal, state, or local public health and safety requirements.

(22) “Freeze Protection” includes the periodic and infrequent use of water to protect agricultural and nursery crops from permanent damage due to low temperatures.

(23) “Golf Course Irrigation Use” is the use of water to irrigate golf courses.

(24) “Grout” means a mixture consisting of water and Portland cement (American Concrete Institute type I or American Concrete Institute type III), sand and Portland cement mixed at three parts sand to one part cement by weight, or other approved types of cement and acceptable amounts of those additives approved by the District for use in cement grouts. The use of alternative methods or materials shall not cause degradation of the water resource. Grout composition shall not exceed six (6) gallons of water per cubic foot or sack of cement.

(25) “Heating or Cooling Use” means the use of water for heating, air-conditioning, or other cooling uses.

(26) “Industrial Use” includes those many uses wherein the water serves the purposes of manufacturing, commerce, trade or industry.

(27) “Injection Well” means a well for the express purpose of introducing under pressure any water into underground formations. This includes return wells for air conditioning systems and injection of water under pressure into underground formations for the possible purpose of storage and later recovery.

(28) “Landscape Irrigation Use” is the outside watering of plants, shrubs, grass, trees, and other such flora in landscapes surrounding homes, non-commercial house-hold gardens, industrial buildings, parks, recreational areas, cemeteries, public right-of-ways, and medians.

(29) “Livestock and Other Animals Use” includes water for drinking by or washing of livestock, including zoo animals.

(30) “Mining Use” includes use wherein the water is applied for the extraction, transportation, or processing of minerals.

(31) “Navigation Use” means water discharged from ground or surface sources either to tide water or to downstream lakes or reaches of rivers or canals for the purpose of permitting or protecting boating activity.

(32) “Nursery Irrigation Use” (Non agricultural) is the use of water on premises on or in which nursery stock is held for sale, distribution or is sold or reshipped. This term does not apply to water used for production of nursery stock.

(33) “Other Outside Use” means the use of water outdoors for dust control, maintenance, cleaning, and washing of structures and mobile equipment, including automobiles and the washing of streets, driveways, sidewalks, and similar areas.

(34) “Limited Use Public Supply” means the use of water in public water systems not covered under the definitions of Domestic Self Supply use or Public Water Supply Use of this section, and which is further defined as either:

(a) “Limited Use Commercial Public Water Systems Use” means the use of water by one or more nonresidential establishments; or

(b) “Limited Use Community Public Water System Use” means the use of water by five or more private residences or two or more rental residences.

(35) “Perishable Food Processing Use” includes industrial uses involving the processing of perishable food.

(36) “Power Production Use” includes use for steam or co-generation and the use of water for cooling and for replenishment of cooling reservoirs.

(37) “Public Water Supply Use” is the use of water as defined by the Florida Safe Drinking Water Act, and means the use of water by a Public Water System.

(38) “Public Water System” means a system for supplying water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. A Community Water System is a public water system which has at least 15 service connections used by year-round residents or which regularly serves at least 25 year-round residents. A non-Community Water System is a public water system which serves at least 25 individuals daily at least 60 days out of the year but the individuals served are not year-round residents and may be transients.

(39) “Recharge Well” means a well for the express purpose of introducing any waters into any underground formation. This definition shall include drainage or connector wells.

(a) “Drainage Well” generally describes a well for the express purpose of disposing of excess surface waters by gravity flow into any underground formation.

(b) “Connector Well” is a well for the express purpose of draining one aquifer and allowing this water to recharge another aquifer (interaquifer transfer).

(40) “Recreation Area Irrigation Use” is the use of water to irrigate recreational areas such as soccer, baseball, and football fields or playgrounds.

(41) “Sanitation Use” includes supplying water for toilet facilities, and for cleaning, when the use is in a non-residence. This use does not include drinking water or water used in cooking.

(42) “Soil Flooding Use” means the use of water for raising of water levels on agricultural lands for purposes not directly related to such purposes as crop growth, soil preservation, crop harvesting, and pest control.

(43) “Test Well” or “Test Hole” is a well constructed for temporary use, designed to allow specific geological or groundwater parameters to be examined prior to the construction of a permanent well.

(44) “Water-Based Recreation Use” is the use of water for public or private swimming and wading pools and other water-oriented recreation such as fishing, boating, and swimming, and including water slides.

(45) “Well Completion” means a well that meets all construction standards specified in Part II.

(46) “Well Seal” means an arrangement or device that prevents contaminants from entering the well at the upper terminal and that is approved by the District as satisfying the requirements of rule 40A-3.521, F.A.C., of this rule.

(47) “Onsite Sewage Disposal System (OSDS)” means a sewage treatment and disposal facility, which may contain a standard subsurface, filled, or mound drainfield system, an aerobic treatment unit, a graywater system tank, a laundry wastewater system tank, a septic tank, a grease interceptor, a dosing tank, a solids or an effluent pump, alternative system or experimental system.

(48) “Sanitary Hazard” means a physical condition which involves or affects any part of a drinking water system or the raw water source, and that creates an imminent or potentially serious risk to the health of any person who consumes water from that system.

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, 373.319, 373.323(2) FS. History–New 4-14-80, Amended 2-1-82, 3-29-84, 10-1-84, 1-9-86, Formerly 16G-3.02, Amended 4-5-88, 8-1-89, 12-1-90, 11-1-92, 11-1-93, 11-1-95, 7-1-98, 8-15-18.