The purpose of this rulemaking is to update the District’s water well regulation rules to reflect recent statutory amendments for water well contractor licensing, incorporate by reference updated versions of related rules adopted by the Department ...

WATER MANAGMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-3.037Rules, Publications and Agreements Incorporated by Reference

40D-3.041Permits Required

40D-3.045Water Use Permit Required

40D-3.060General Permit for Monitoring Wells

40D-3.492Violations of Permits

40D-3.507Casing and Liner Pipe Standards

40D-3.517Grouting and Sealing

40D-3.531Abandoned Well Plugging

PURPOSE AND EFFECT: The purpose of this rulemaking is to update the District’s water well regulation rules to reflect recent statutory amendments for water well contractor licensing, incorporate by reference updated versions of related rules adopted by the Department of Environmental Protection (DEP), directly incorporate by reference certain materials that are already incorporated into DEP’s well construction rules and adopt a new general permit for certain environmental monitoring wells. The effect of these amendments will be to make the District’s water well regulations consistent with DEP’s related rules and with recent statutory changes for water well contractor licensing, and reduce costs associated with certain environmental monitoring wells that are part of a contaminated site assessment, remedial action plan or pilot study approved by the DEP pursuant to Chapter 62-780, F.A.C.

SUMMARY: Rule 40D-3.037, F.A.C., is amended to incorporate updated versions of related DEP water well rules in Chapters 62-524, 62-528, 62-531, 62-532, and 62-555, F.A.C. The Water Well Construction Disciplinary Guidelines and Citations Dictionary adopted by DEP in June 2014 is also incorporated by reference. To address concerns raised in earlier rulemaking by the Joint Administrative Procedures Committee, publications that are identified in DEP’s related rules will now be directly incorporated into the District’s well regulation rules. These materials are already contained in DEP rules and do not represent new requirements for water well contractors. Amendments also incorporate updated versions of the District’s Application for Water Well Contractor License and Renewal License Application forms, to reflect recent statutory changes. Rule 40D-3.041, F.A.C., is amended to reflect the fact that under a new general permit rule, certain monitor wells will not require application for a well construction permit. Rule 40D-3.045, F.A.C., is amended to limit the rule’s requirement to wells for which an individual water use permit is required, in recognition that the District’s water use permitting rules now allow for general water use permits by rule. Rule 40D-3.060, F.A.C., establishes a new general permit for the construction, repair, modification or abandonment of certain monitoring wells that are part of an environmental site assessment, remedial action plan or pilot study approved by DEP pursuant to Chapter 62-780, F.A.C. Rule 40D-3.492, F.A.C., is amended to make more complete the list of actions, omissions or conduct that constitute violations of Chapter 40D-3, F.A.C. Rules 40D-3.507 and 40D-3.517, F.A.C., are amended to correct a citation to DEP rules. Rule 40D-3.531, F.A.C., is amended to adopt a revised version of the District’s Well Grouting/Abandonment Form.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There are no costs to the regulated public as a result of the proposed amendments. There will be some cost savings resulting from the new general permit for certain environmental monitoring wells. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.118, 373.171, 373.309, 373.337 FS.

LAW IMPLEMENTED: 373.046, 373.103, 373.106, 373.118, 373.206, 373.207, 373.209, 373.306, 373.308, 373.309, 373.313, 373.316, 373.323, 373.324, 373.333, 373.342 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: SWFWMD Human Resources Director, [phone], ext. 4702; 1(800)423-1476 (FL only), ext. 4702; or to [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Natalia Santiago, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4657) (OGC #2014032)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-3.037 Rules, Publications and Agreements Incorporated by Reference.

(1) The regulations promulgated by the Department governing the construction of water wells as set forth in Chapter 62-532, F.A.C. (2-16-12) (3-28-02), the construction of water wells in delineated areas as set forth in Chapter 62-524, F.A.C. (2-16-12) (6-27-00), the licensing requirements for Water Well Contractors as set forth in Chapter 62-531, F.A.C. (6-22-14) (11-25-07), and the construction of public supply water wells as set forth in Chapter 62-555, F.A.C. (5-5-14) (1-17-05), and underground injection control as set forth in Chapter 62-528, F.A.C. (2-16-12) are hereby incorporated by reference and made a part of this rule and shall apply to all water wells constructed, repaired, modified or abandoned in the District. The regulations can be obtained from the Department’s website at: www.dep.state.fl.us or the Department’s Division of Water Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) The Department’s Water Well Construction Disciplinary Guidelines and Citations Dictionary (6-22-14) is Water Well Contractor Disciplinary Guidelines and Procedures Manual (October 2002) and the Department’s Florida Unified Citations Dictionary for Water Well Construction (October 2002) are hereby incorporated by reference and made a part of this rule. This document is available from the Department’s website at: www.dep.state.fl.us or Both documents can be obtained from the Department’s Division of Water Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the District upon request.

(3) through (4) No change.

(5) The Application for Water Well Contractor’s License, Form No. LEG-R.003.02 (9/14) LEG-R.003.01 (4/09) and Application for Renewal of a Water Well Contractor’s License, Form No. LEG-R.004.03 (9/14) LEG-R.004.02 (4/09) are hereby incorporated by reference and are available from the District’s website at www.watermatters.org or from the District offices.

(6) The Department’s Water Well Contractor Continuing Education Program Manual (6-22-14), incorporated by reference in subsection 62-531.300(2), F.A.C., a copy of which may be obtained from the Department’s Division of Water Resource Management, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, or from the District’s website at www.watermatters.org  or District offices.

(7) The following publications referenced in Chapter 62-532, F.A.C., are also incorporated by reference herein:

(a) American Society for Testing and Materials (ASTM) A53/A53M-99b (1999); A135-01 (2001), A252-98 (1998), and A589-96 (1996), incorporated by reference in paragraph 62-532.500(1)(a), F.A.C. Copies of these copyrighted standards may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959;

(b) American Petroleum Institute (API) 5L-2000 (2000), incorporated by reference in paragraph 62-532.500(1)(a), F.A.C. Copies of this copyrighted standard may be obtained from the American Petroleum Institute, 1220 L Street N.W., Washington, DC 20005-4070;

(c) ANSI/ASME B36. 10M-2000, incorporated by reference in paragraph 62-532.500(1)(a), F.A.C. Copies of this copyrighted standard may be obtained from the American National Standards Institute, 1819 L Street N.W., Washington, DC 20036;

(d) Schedule 10S and Schedule 40 of the ANSI/ASME B36. 19M-1985, incorporated by reference in paragraph 62-532.500(1)(d), F.A.C. Copies of this copyrighted standard may be obtained from the American National Standards Institute, 1819 L Street N.W., Washington, DC 20036;

(e) 2008 NSF International Standard/American National Standard NSF/ANSI 14-2008e, Plastics Piping System Components and Related Materials; NSF International Standard/American National Standard NSF/ANSI 61-2008, Drinking Water System Components – Health Effects, incorporated by reference in paragraph 62-532.500(1)(a), F.A.C. Copies of these copyrighted standards may be obtained from NSF International, P. O. Box 130140, Ann Arbor, MI 48113-0140;

(f) Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards, Revised Edition 2008, published by the International Ground Source Heat Pump Association, Oklahoma State University; Closed-Loop/Ground-Source Heat Pump Systems Installation Guide, 1988, Oklahoma State University, incorporated by reference in subsection 62-532.500(2), F.A.C. Copies of these copyrighted materials may be obtained from the International Ground Source Heat Pump Association, Oklahoma State University, 374 Cordell South, Stillwater, OK 74078-8018;

(g) Appendix C of American Water Works Association (AWWA) Standard A100-97 (1997), AWWA Standard for Water Wells, incorporated by reference in subparagraph 62-532.500(3)(i)6., F.A.C. Copies of these copyrighted, recommended practices and methods may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235;

(h) Vertical Geothermal Heat Pump Systems Engineering Design and Field Procedures Manual, published by the International Ground Source Heat Pump Association, First Edition 2000, Oklahoma State University, incorporated by reference in subparagraph 62-532.500(3)(i)6., F.A.C. Copies of these copyrighted, recommended practices and methods may be obtained from the International Ground Source Heat Pump Association, Oklahoma State University, 374 Cordell South, Stillwater, OK 74078-8018.

Rulemaking Authority 373.044, 373.113, 373.309 FS. Law Implemented 373.046, 373.103, 373.308, 373.309, 373.323, 373.324, 373.333 FS. History–New 7-1-90, Amended 12-31-92, 4-11-94, 6-27-94, 9-22-94, 7-5-95, 10-19-95, 7-15-99, 6-23-03, 1-8-04, 8-19-08, 1-5-09, 8-30-09, 11-2-09, 6-7-10,_________.

 

40D-3.041 Permits Required.

(1) Unless expressly exempted by statute or District rule, a permit must be obtained from the District prior to construction, repair, modification or abandonment of any water well, including:

(a) through (e) No change.

(f) Monitor wells not authorized pursuant to a general permit under Rule 40D-3.060, F.A.C.

(g) Injection wells identified as Class V, Group 1, pursuant to paragraph 62-528.600(2)(a), F.A.C., effective 11-20-2002, incorporated herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-02252.

(h) through (i) No change.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.106, 373.306, 373.308, 373.309, 373.313, 373.316 FS. History–New 10-5-74, Amended 12-31-74, 12-1-77, 2-4-79, 11-8-82, Formerly 16J-3.06(2)-(5), 16J-3.10, Amended 7-1-90, 9-30-91, 12-31-92, 2-7-13,_________.

 

40D-3.045 Water Use Permit Required.

(1) Permits for construction, repair, modification or abandonment of wells for which an individual a water use permit is required under Chapter 40D-2, F.A.C., shall not be issued prior to issuance of the water use permit authorizing such water use withdrawals.

(2) through (3) No change. 

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.309 FS. History–New 7-1-90, Amended 9-30-91, 12-31-92, 3-30-93, 8-10-93,_________.

 

40D-3.060 General Permit for Monitoring Wells.

(1) A general permit is hereby granted for the construction, repair, modification or abandonment of a piezometer or monitoring well authorized as part of site assessment activities approved pursuant to paragraphs 62-780.600(5)(h)-(i), F.A.C.; a remedial action plan approved pursuant to subsection 62-780.700(3), F.A.C.; or as part of a pilot study approved pursuant to subsection 62-780.700(2), F.A.C., provided all of the following conditions are met:

(a) Work is conducted by a licensed water well contractor or under the supervision of a licensed water well contractor;

(b) The nominal casing size shall be no larger than 4 inches in diameter;

(c) Total well borehole depth does not exceed 150 feet;

(d) Work complies with all applicable construction, location, casing and grouting requirements set forth in Chapter 40D-3, F.A.C.; and

(e) A State of Florida Well Completion Report, signed by the licensed water well contractor who conducted or supervised the work is submitted to the District in accordance with the requirements of Rule 40D-3.411, F.A.C., for each well authorized by this general permit.

(2) The State of Florida Well Completion Report, Form No. LEG-R.005.02 (6/10) is incorporated by reference in Rule 40D-3.411, F.A.C. Copies may be obtained from the District’s website at www.watermatters.org or from District offices.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.118, 373.306, 373.308, 373.309, 373.313, 373.316 FS. History–New_________.

 

40D-3.492 Violations of Permits.

(1) In addition to those violations set forth in Section 373.336, F.S., and Rule 62-531.450, F.A.C., aActions, omissions, or conduct that shall be considered a violation of this chapter include the following part are:

(a) through (d) No change.

(e) Failure to provide a field log upon request to a District representative at the drilling site during times when work is in progress unless a field log is not available at the site.

(f) through (h) No change.

(i) Failure to notify the District 24 hours prior to the placement of grout in the annular space of any public supply well; plugging of an abandoned well that is greater than two inches in diameter, or that is more than 20 feet in depth; or the construction of any well under a permit issued with special grouting conditions.

(j) No change.

(k) Failure to have the well construction permit available at the well site during construction, repair, modification or abandonment.

(l)  Failure to produce upon request to the District a record of the well construction within the allowable time provided in paragraph 40D-3.411(1)(c), F.A.C.

(2) No change.

Rulemaking Authority 373.044, 373,113, 373.171 FS. Law Implemented 373.308, 373.309, 373.342 FS. History‒New 7-10-13, Amended_________.

 

40D-3.507 Casing and Liner Pipe Standards.

(1) through (2) No change.

(3) Telescoped casings may be used provided that casings of different diameters are joined with an appropriate overlap and any annular space including the overlapped section shall be grouted in accordance with subsection subparagraph 62-532.500(3) 62-532.500(2)(f)4., F.A.C. To prevent interchanges of water when multiple aquifers or zones are penetrated, grout shall extend from the bottom of the casing to the top of the innermost casing. The use of lead packers for this purpose is prohibited.

(a) through (b) No change.

(4) through (5) No change. 

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS. History–New 7-1-90, Amended 9-30-91, 12-31-92, 2-19-04,_________.

 

40D-3.517 Grouting and Sealing.

Wells shall be grouted and sealed in accordance with subsection paragraph 62-532.500(3) 62-532.500(2)(f), F.A.C., and this section, to protect the water resource from degradation caused by movement of waters along the well annulus either from the surface to the aquifer or between aquifers, and to prevent loss of artesian pressure in artesian aquifers.

(1) All wells that are constructed in a manner which creates an annular space between the casing and the naturally occurring geologic formations shall be grouted and sealed in accordance with the methodologies listed in subsection paragraph 62-532.500(3) 62-532.500(2)(f), F.A.C., and this section. The use of lead packers for this purpose is prohibited.

(2) through (3) No change.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS. History–New 7-1-90, Amended 9-30-91, 12-31-92, 12-12-11,_________.

 

40D-3.531 Abandoned Well Plugging.

(1) through (4) No change.

(5) The “Well Grouting/Abandonment Form,” Form No. LEG-R.041.01 (9/14) LEG-R.041.00 (4/09) incorporated herein by reference, will be used to document the well abandonment. Copies of this form can be obtained at the District’s website at www.watermatters.org or from District offices.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.206, 373.207, 373.209, 373.306, 373.308, 373.309 FS. History–New 7-1-90, Amended 9-30-91, 12-31-92, 7-2-98, 9-26-02, 2-26-07, 8-19-08, 8-30-09,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2014, December 17, 2014