Rules 40D-3.101, 40D-3.411, and 40D-3.531, F.A.C., address requirements for permitting and constructing water wells. The rules reference forms used to permit wells and document well construction and abandonment. Several of the referenced forms have ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-3.101: Content of Application
40D-3.411: Well Completion Report
40D-3.531: Abandoned Well Plugging
PURPOSE AND EFFECT: Rules 40D-3.101, 40D-3.411, and 40D-3.531, F.A.C., address requirements for permitting and constructing water wells. The rules reference forms used to permit wells and document well construction and abandonment. Several of the referenced forms have been updated and the District proposes to amend the rules to reference the current forms. The proposed amendment of Rule 40D-3.531, F.A.C., also reorganizes the rule to clarify the permitting requirements for well abandonment and to clarify how a referenced form should be used. The reorganization does not substantively change the rule.
SUMMARY: The proposed rule amendments update references to forms used in the permitting and construction of water wells. Rule 40D-3.531, F.A.C., will also be reorganized to clarify permitting requirements and form usage.
SUMMARY OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost is not being prepared based on the District’s determination that the proposed revisions to Rule 40D-1.607, F.A.C., will not result in a substantial increase in the costs to affected parties and there will not be significant adverse effects on competition, employment, investment or productivity.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171, 373.309, 373.337 FS.
LAW IMPLEMENTED: 373.109, 373.206, 373.207, 373.209, 373.306, 373.308, 373.309, 373.313, 373.316 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-3.101 Content of Application.

(1) Applications for permits required by this Chapter shall be submitted to the District. All permit applicants shall submit the forms entitled, “State of Florida Permit Application to Construct, Repair, Modify or Abandon Well”, adopted by reference in subsection 40D-1.659(4), F.A.C. form number 41.10-410(1)REV.4/95. Except for replacement and domestic wells, all applications to construct a well within the Most Impacted Area of the Eastern Tampa Bay Water Use Caution Area, as set forth in Section 7.2.8.A and Figure 7.2-2, of the Basis of Review for Water Use Permit Applications, adopted by reference described in Rule 40D-2.091, F.A.C., shall include the form entitled “Well Verification For All Non-Domestic Wells Located in the Most Impacted Area of the Eastern Tampa Bay Water Use Caution Area”, adopted by reference in subsection 40D-1.659(7), F.A.C. form number 42.10-005 (2/94).

(2) through (3) No change.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.109, 373.308, 373.309, 373.313, 373.316 FS. History–Readopted 10-5-74, Formerly 16J-3.07, Amended 7-1-90, 9-30-91, 12-31-92, 4-11-94, 10-19-95,_________.

 

40D-3.411 Well Completion Report.

(1) Well completion reports are required for the construction, repair, modification or abandonment of all wells. The District’s receipt of a well completion report raises the rebuttable presumption that all work under the permit has been completed or has ceased.

(a) The water well contractor shall submit to the District the form entitled, “Well Completion Report,”, adopted by reference in subsection 40D-1.659(5), F.A.C., form number 41.10-410(2) REV. 8/96, within 30 days of the expiration of the permit.

(b) through (d) No change.

(2) No change.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.308, 373.309, 373.313 FS. History–Readopted 10-5-74, Amended 10-24-76, Formerly 16J-3.09, 16J-3.14, Amended 7-1-90, 9-30-91, 12-31-92, 10-19-95, 1-1-01,_________.

 

40D-3.531 Abandoned Well Plugging.

(1) The form entitled “State of Florida Permit Application to Construct, Repair, Modify or Abandon Well”, adopted by reference in subsection 40D-1.659(4), F.A.C., shall be submitted to the District prior to the abandonment of any well, including an incomplete well.

(2)(1) All abandoned wells as defined by subsection Section 373.303(1), F.S., and subsection 40D-3.021(1), F.A.C., abandoned artesian wells as defined by subsection Section 373.203(1), F.S., and incomplete wells as defined by subsection 40D-3.021(17), F.A.C., shall be plugged in accordance with subsection (3)(2) of this rule and Rule 40D-3.517, F.A.C., unless they can be repaired in accordance with this Chapter.

(2) through (3) renumbered (3) through (4) No change.

(5)(4) The A “Well Grouting/Abandonment Form”, adopted by reference in subsection 40D-1.659(6), F.A.C., will be used to document the well abandonment District form number 04.10R-026 (9/02) is incorporated herein by reference.

(5) An abandonment permit is required for the abandonment of any well including an incomplete well.

Specific 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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the Southwest Florida Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 30, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 23, 2006