The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to repeal rules contained in Chapter 40B-5, F.A.C., for the purpose of removing rules that are duplicative of the provisions contained in Chapter ...

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.: RULE TITLES:

40B-5.0031 Implementation

40B-5.0041 Permits Required

40B-5.007 Special Requirements for Permits

40B-5.008Public Hearings on Disposal, Storage, and Connector Wells

40B-5.009 Confirmation of Use of Storage, Disposal, and Connector Wells

40B-5.0091 Permit Processing

40B-5.010: Change of Location Before Drilling

40B-5.0101Content of Application

40B-5.011Change of Ownership of Wells

40B-5.012Termination of Permits

40B-5.013Conversion of Wells for New Uses

40B-5.014Change of Status of Wells

40B-5.015Preparation of the Well Locations

40B-5.016Prevention of Waste and Pollution

40B-5.017Casing and Sealing Storage, Disposal, and Connector Wells

40B-5.018Casing and Sealing Test Wells

40B-5.019Oil, Gas, and Ground Water

40B-5.020Removal or Stripping of Casings

40B-5.021Initial Testing of Storage Wells, Connector Wells, and Reservoirs

40B-5.022Initial Testing of Disposal Wells

40B-5.023Periodic Testing of Storage and Disposal Wells

40B-5.024Operation of Storage, Connector, and Disposal Wells

40B-5.025Kinds and Filing

40B-5.026Content

40B-5.027Plugging of Disposal, Storage, Connector, and Test Wells

40B-5.028Plugging of Storage and Disposal Wells, Cavities, and Reservoirs

40B-5.029Plugging of Test and Connector Wells

40B-5.030Clean-Up of Abandoned Well Sites

40B-5.0301Conditions for Issuance of Permits

40B-5.031Plugging Reports and Records

40B-5.0321Duration of Permits

40B-5.0331Modification of Permits

40B-5.0381Limiting Conditions

40B-5.0411: Completion Report

40B-5.0701Construction Standards

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to repeal rules contained in Chapter 40B-5, F.A.C., for the purpose of removing rules that are duplicative of the provisions contained in Chapter 62-528, F.A.C. The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public.

SUMMARY: Rule repeal – Artificial Recharge and Under Injection Control

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: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

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, 373.046, 373.106, 373.113, 373.171 FS.

LAW IMPLEMENTED: 373.106, 373.126, 373.133, 373.171 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Warren Zwanka, Senior Hydrologist, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-5.0031 Implementation.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Amended 4-15-81, Formerly 16H-5.03, 40B-5.03, 40B-5.031, Repealed____.

 

40B-5.0041 Permits Required.

Rulemaking Authority 373.044, 373.046, 373.106, 373.113 FS. Law Implemented 373.106 FS. History–New 4-20-78, Amended 4-15-81, 1-31-83, Formerly 16H-5.06, 40B-5.06, Formerly 40B-5.041, Amended 6-16-88, Repealed____.

 

40B-5.007 Special Requirements for Permits.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.07, 40B-5.07, Repealed ____.

 

40B-5.008 Public Hearings on Disposal, Storage, and Connector Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.08, 40B-5.08, Repealed _____.

 

40B-5.009 Confirmation of Use of Storage, Disposal, and Connector Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.09, 40B-5.09, Repealed _____.

 

40B-5.0091 Permit Processing.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Amended 4-15-81, Formerly 16H-5.05, 40B-5.05, 40B-5.091, Repealed ____.

 

40B-5.010 Change of Location Before Drilling.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.10, 40B-5.10, Repealed _____.

 

40B-5.0101 Content of Application.

Rulemaking Authority 373.044, 373.046, 373.106, 373.113 FS. Law Implemented 373.106 FS. History–New 1-31-83, Formerly 40B-5.101, Repealed _____.

 

40B-5.011 Change of Ownership of Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.11, 40B-5.11, Repealed _____.

 

40B-5.012 Termination of Permits.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.16, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.12, 40B-5.12, Repealed _____.

 

40B-5.013 Conversion of Wells for New Uses.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.13, 40B-5.13, Repealed _____.

 

40B-5.014 Change of Status of Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.14, 40B-5.14, Repealed _____.

 

40B-5.015 Preparation of the Well Locations.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.15, 40B-5.15, Repealed _____.

 

40B-5.016 Prevention of Waste and Pollution.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.16, 40B-5.16, Repealed _____.

 

40B-5.017 Casing and Sealing Storage, Disposal, and Connector Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.17, 40B-5.17, Repealed _____.

 

40B-5.018 Casing and Sealing Test Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.18, 40B-5.18, Repealed _____.

 

40B-5.019 Oil, Gas, and Ground Water.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.19, 40B-5.19, Repealed _____.

 

40B-5.020 Removal or Stripping of Casings.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.20, 40B-5.20, Repealed _____.

 

40B-5.021 Initial Testing of Storage Wells, Connector Wells, and Reservoirs.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.171 FS. History–New 4-20-78, Formerly 16H-5.21, 40B-5.21, Repealed _____.

 

40B-5.022 Initial Testing of Disposal Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.22, 40B-5.22, Repealed _____.

 

40B-5.023 Periodic Testing of Storage and Disposal Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.23, 40B-5.23, Repealed _____.

 

40B-5.024 Operation of Storage, Connector, and Disposal Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.24, 40B-5.24, Repealed _____.

 

40B-5.025 Kinds and Filing.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.25, 40B-5.25, Repealed _____.

 

40B-5.026 Content.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.26, 40B-5.26, Repealed _____.

 

40B-5.027 Plugging of Disposal, Storage, Connector, and Test Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.27, 40B-5.27, Repealed _____.

 

40B-5.028 Plugging of Storage and Disposal Wells, Cavities, and Reservoirs.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.28, 40B-5.28, Repealed _____.

 

40B-5.029 Plugging of Test and Connector Wells.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.29, 40B-5.29, Repealed _____.

 

40B-5.030 Clean-Up of Abandoned Well Sites.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Formerly 16H-5.30, 40B-5.30, Repealed _____.

 

40B-5.0301 Conditions for Issuance of Permits.

Rulemaking Authority 373.044, 373.046, 373.106, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Amended 4-15-81, 1-31-83, Formerly 16H-5, 40B-5.301, Repealed _____.

 

40B-5.031 Plugging Reports and Records.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.171 FS. History–New 4-20-78, Formerly 16H-5.31, 40B-5.31, Repealed _____.

 

40B-5.0321 Duration of Permits.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Amended 4-15-81, Formerly 16H-5, 40B-5.321, Repealed _____.

 

40B-5.0331 Modification of Permits.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Amended 4-15-81, Formerly 16H-5, 40B-5.331, Repealed _____.

 

40B-5.0381 Limiting Conditions.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-2-78, Amended 4-15-81, Formerly 16H-5, 40B-5.381, Repealed _____.

 

40B-5.0411 Completion Report.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Amended 4-15-81, Formerly 16H-5, 40B-5.411, Repealed _____.

 

40B-5.0701 Construction Standards.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.106, 373.126, 373.133, 373.171 FS. History–New 4-20-78, Amended 4-15-81, Formerly 16H-5, 40B-5.701, Repealed _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, Senior Hydrologist

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Suwannee River Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: N/A, pursuant to section 120.54(2)(a), F.S.