The purpose of this Suwannee River Water Management District (SRWMD) rulemaking is to provide accurate references to Chapters 62-531, F.A.C. and 62-532, F.A.C.; and eliminate water well grouting and sealing rules that are ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-3.037Water Well Contractor Licensing

40B-3.504Location

40B-3.517Grouting and Sealing

PURPOSE AND EFFECT: The purpose of this Suwannee River Water Management District (SRWMD) rulemaking is to provide accurate references to Chapters 62-531, F.A.C. and 62-532, F.A.C.; and eliminate water well grouting and sealing rules that are either duplicative of rule 62-532.500, F.A.C., or that do not provide suitable alternatives as provided in subparagraph 62-532.500(3)(i)5.a., F.A.C. The effect will be more understandable and streamlined rules.

SUMMARY: Water well contractor licensing; sanitary hazard setbacks; grouting and sealing of well casings

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: SRWMD has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared summaries of the proposed rule amendments, which are available upon request. Based on the completed “Is a SERC Required?” forms and summaries and the analysis performed by the District, the proposed rule amendments are 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, 373.113, 373.171, 373.309 FS.

LAW IMPLEMENTED: 373.046, 373.113, 373.306, 373.308, 373.309, 373.323 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: SRWMD at [phone] or 1(800)226-1066 (FL only). 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: Warren Zwanka, P.G., SRWMD, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-3.037 Water Well Contractor Licensing.

Minimum standards for licensing water well contractors shall be in accordance with Chapter 62-531, F.A.C., (August 7, 2019), which is incorporated by reference in subsection 40B-3.035(2), F.A.C., and the Water Well Construction Disciplinary Guidelines and Citations Dictionary (June 22, 2014), incorporated by reference in paragraph 40B-3.035(2)(a), F.A.C. Minimum standards for licensing water well contractors shall be in accordance with Chapter 62-531, F.A.C., which also includes the Water Well Contractor Disciplinary Guidelines and Procedures Manual. The licensing program shall be administered and enforced by the District under the authority delegated to it by the Department.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.046, 373.308, 373.309, 373.323 FS. History–New 7-1-85, Amended 8-15-89, 6-22-99, [DATE].

 

40B-3.504 Location.

Wells shall be located so as not to pose a threat of contamination to the groundwater water resource. Minimum spacing between wells and sanitary hazards shall be as set forth in Table 1 of Chapter 62-532, F.A.C., (February 16, 2012), which is incorporated by reference in subsection 40B-3.035(3), F.A.C. and surface waters or sanitary hazards such as septic tanks, drainfields, or cesspools shall be as specified by Section 381.272, F.S., and the respective rules of the Department or DOH. Wells shall not be located on lands below the 100-year flood elevation of the Suwannee River system defined as the 100-year floodplain of the Suwannee, Alapaha, Withlacoochee, Santa Fe, and Aucilla Rivers when an alternative to such location exists on the property.

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 17-101.040(12)(a)4., F.A.C.; 373.306, 373.308, 373.309, 373.113 FS. History–New 7-1-85, Amended 4-4-91, 6-22-99, [DATE].

 

40B-3.517 Grouting and Sealing.

Wells shall be grouted and sealed to protect the groundwater 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. All wells shall be constructed and sealed using a method that ensures which insures that an open or unnaturally permeable annular space does not remain when a well is completed. 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 as set forth in Chapter 62-532, F.A.C., (February 16, 2012), which is incorporated by reference in subsection 40B-3.035(3), F.A.C. will be grouted and sealed in accordance with the methodologies listed in this section.

(1) In order to prevent possible migration of surface waters down the annulus any well located on lands below the 100-year flood elevation of the Suwannee River system defined as the 100-year floodplain of the Suwannee, Alapaha, Withlacoochee, Sante Fe, and Aucilla Rivers shall have a minimum six-inch thickness of grout to a depth of two feet below natural land surface and be in accordance with the methodologies listed in this section.

(2) Wells obtaining water from a consolidated formation and having a casing less than four inches in diameter shall have a nominal one-inch thickness of grout sealing the annular space.

(3) Wells obtaining water from a consolidated formation and having a casing diameter equal to or greater than four inches in diameter shall have a nominal two-inch thickness of grout sealing the annular space.

(4) Where confining beds are present, grout shall extend from the bottom of the casing to the top of or ten (10) feet into the confining bed overlying the producing aquifer, whichever is less.

(5) Where confining beds are not present, grout shall extend from the bottom of the casing to the top of the producing aquifer.

(6) 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 uppermost confining bed or ten (10) feet into the uppermost bed, whichever is less.

(1) (7) No change.

(2) (8) Grouting and sealing of well casings not driven or jetted into place shall be accomplished in the following manner unless otherwise authorized by the District in accordance with Section 373.326(1), F.S.: Grouting and sealing of water wells shall be accomplished in the following manner unless otherwise granted a variance by the District in accordance with Section 120.542, F.S.

(a) No change.

(b) The minimum set time for grouting of casing before drilling operations may continue shall will be 12 hours.

(c) No change.

(d) Neat In all cases, neat cement grout shall will be introduced into the annular space from bottom to top.

(9) Other approved methods and materials may be used if deemed by District staff to be reasonable, and assurance is given for resource protection.

(3) (10) In those cases where, during grouting operations, circulation of the neat cement grout is lost so that the annular space being grouted cannot be filled in one continuous operation, a tremie pipe shall be installed in the annular space to a point immediately above the zone of lost circulation; and the annulus shall be filled from that point using clean sand or rock introduced in a manner that prevents bridging within the annular space until a level is reached at which grouting can be continued. bridged at that point by sand and/or other suitable material introduced through the pipe until a level is reached at which grouting can be continued.

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 17-101.040(12)(a)4., F.A.C.; 373.306, 373.308, 373.309, 373.113 FS. History–New 7-1-85, Amended 4-4-91, 10-16-94, 6-22-99, [DATE].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, P.G.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 14, 2023