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Florida Administrative Code (Last Updated: April 18, 2024) |
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40. Water Management Districts |
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40D. Southwest Florida Water Management District |
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40D-1. Procedural |
1(1) Emergency well construction permits shall be issued by the Executive Director or the Executive Director’s designee when one of the following conditions exist which justifies the issuance:
29(a) An existing well supplying a particular use has failed and must be immediately replaced;
44(b) The health, safety, or general welfare of the people affected by said emergency would be jeopardized without such authorization; or
65(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources.
81(2) If Chapter 40D-2, F.A.C., Consumptive Use of Water, also applies to the well, an emergency permit may be issued only if, in addition to qualifying under subsection (1) above, an application for a WUP has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the WUP.
137(3) The applicant for an emergency permit shall submit the application and fee in accordance with Rule 15440D-3.101 155and subsection 15740D-1.607(7), 158F.A.C., along with any other requested information within 48 hours after making oral application.
172(4) Rule 17440D-3.411, 175F.A.C., shall apply to all construction performed under an emergency permit.
186(5) In emergency situations when compliance with the requirements of Part III of Chapter 373, F.S. or Chapter 40D-3, F.A.C., will result in undue hardship when an unexpected problem is encountered during the construction, repair or abandonment of a well, the Executive Director or the Executive Director’s designee, shall authorize an exemption to the extent provided in Section 244373.326(1), F.S., 246by telephone, from the conditions required by a permit or rule requirements for a well. A Well Completion Report documenting the exemption must be submitted to the District in writing within 30 days of completion.
281Rulemaking Authority 283120.54(5), 284373.044, 285373.113, 286373.171, 287373.308, 288373.309 FS. 290Law Implemented 292120.54(5), 293373.306, 294373.308, 295373.309, 296373.313, 297373.342 FS. 299History–New 10-5-74, Formerly 16J-3.12, Amended 7-1-90, 9-30-91, Formerly 40D-3.451, Amended 7-2-98, 6-17-99, 6-29-14.
