The purpose and effect of the proposed rule will be to: (1) clarify that wells, which supply water to public water systems not covered or included in the Florida Safe Drinking Water Act, are included in the definition of Public Water Supply Well; ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-3.021Definitions

40C-3.301Conditions for Issuance of Permits

PURPOSE AND EFFECT: The purpose and effect of the proposed rule will be to: (1) clarify that wells, which supply water to public water systems not covered or included in the Florida Safe Drinking Water Act, are included in the definition of Public Water Supply Well; and (2) require applicants or water well contractors applying for a permit to submit complete well completion reports, which will allow the District to more efficiently and effectively protect and manage the water resources.

SUMMARY: A minor revision to Rule 40C-3.021, F.A.C., is proposed to provide clarification that wells, which supply water to public water systems not covered or included in the Florida Safe Drinking Water Act, are included in the definition of Public Water Supply Well. An amendment to Rule 40C-3.301, F.A.C., is proposed to require, as a permitting criterion, that applicants or water well contractors applying for a permit to submit complete well completion reports.

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 amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District in preparing and completing those documents, 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, FS.

LAW IMPLEMENTED: 373.019, 373.103, 373.303, 373.306, 373.308, 373.309, 373.313, 373.342, 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: Karen Ferguson, Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-3.021 Definitions.

When used in this chapter:

(1) through (14) No change.

(15) “Public Water Supply Well” means a well constructed for the purpose of supplying water to a public water system, as permitted under Chapters 62-550 or and 62-555, F.A.C., or Rule 64E-8.002, F.A.C.

(16) through (21) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019, 373.303, 373.306, 373.308, 373.309 FS. History–New 10-14-84, Amended 12-5-85, Formerly 40C-3.021, 40C-3.0021, Amended 9-17-89, 7-27-16,        .

 

40C-3.301 Conditions for Issuance of Permits.

(1) through (5) No change.

(6) The applicant or water well contractor shall not have overdue or incomplete well completion reports after [effective date].

(7)(6) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.103, 373.306, 373.308, 373.309, 373.313, 373.342 FS. History–New 10-14-84, Formerly 40C-3.301, 40C-3.0301, Amended 9-17-89, 7-27-16,          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen Ferguson, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 13, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 13, 2017