The purpose and effect of the proposed rule will be to: (1) update and properly incorporate references to the rules and forms of the Florida Department of Environmental Protection (FDEP); (2) clarify existing rules; and (3) streamline the permitting ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-3.011Policy and Purpose

40C-3.021Definitions

40C-3.0321Delegation

40C-3.036Forms and Instructions

40C-3.037Water Well Contractor Licensing

40C-3.041Permits Required

40C-3.051Exemptions

40C-3.101Content of Application

40C-3.301Conditions for Issuance of Permits

40C-3.411Well Completion Report

40C-3.461Inspection

40C-3.500Scope of Part II

40C-3.517Grouting and Sealing

40C-3.531Abandoned Well Plugging

PURPOSE AND EFFECT: The purpose and effect of the proposed rule will be to: (1) update and properly incorporate references to the rules and forms of the Florida Department of Environmental Protection (FDEP); (2) clarify existing rules; and (3) streamline the permitting process and reduce regulatory burdens while protecting water resources. Part of the streamlining will include an amendment to 40C-3.041 to allow a single water well construction permit for multiple wells.

SUMMARY: This amendment would update Rules 40C-3.011, 40C-3.021, 40C-3.0321, 40C-3.036, 40C-3.037, 40C-3.041, 40C-3.051, 40C-3.101, 40C-3.301, 40C-3.411, 40C-3.461, 40C-3.500, 40C-3.517, and 40C-3.531, F.A.C., to incorporate references to FDEP’s rules and forms, update references to rules and titles within Chapter 40C-3, delete definitions that are unnecessary or redundant to definitions in DEP’s rules, and clarify these existing rules. This amendment would also streamline the permitting process and reduce the regulatory burden on water well construction permit applicants by amending Rule 40C-3.041, to authorize the issuance of one permit to construct, repair, or abandon certain types of multiple well systems, and amending Rule 40C-3.051, F.A.C., to exempt from permitting certain types of small wells constructed to shallow depths that are used for a short duration to obtain shallow soil or water information.

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, 373.118, 373.171, 373.309, 373.323(8) FS.

LAW IMPLEMENTED: 373.019, 373.083, 373.103, 373.303, 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.319, 373.323, 373.324, 373.326, 373.329, 373.333, 373.335, 373.336, 373.337, 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 48 hours before the workshop/meeting by contacting: District Clerk, [phone]. 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: 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-3.011 Policy and Purpose.

(1) through (2) No change.

(3) Additional District rules relating to well construction are found in Chapters 40C-5, F.A.C. (Artificial Recharge), and 40C-2, F.A.C. (Consumptive Use).

(4) Rules relating to Water Well Contractor Licensing and enforcement guidelines are found in Chapter 62-531, F.A.C., (Water Well Contractors) which is incorporated by reference in subsection 40C-3.036(1), F.A.C. Rules relating to Water Well Permitting and Construction Requirements are found in Chapter 62-532, F.A.C., which is incoporated by reference in subsection 40C-3.036(2), F.A.C.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.103(1), 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.319, 373.323(2), 373.326, 373.329, 373.333, 373.342 FS. History–New 10-14-84, Formerly 40C-3.011, 40C-3.0011, Amended 9-17-89,                .

 

40C-3.021 Definitions.

When used in this chapter:

(1) “Abandoned Water Well” means a well the use of which has been permanently discontinued. Any well that is in such a state of disrepair, as determined by a representative of the District, that its continued use for the purpose of obtaining groundwater or disposing of water or liquid wastes is impracticable, is considered to be abandoned.

(2) “Annulus or Annular Space” means any artificially created void between a well casing and a borehole wall or the space between two casings.

(3) “Aquifer” means a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield useful quantities of groundwater to wells and springs.

(4) renumber as (1) No change.

(2)(5) “Confining Unit” means a body of distinctly less permeable material stratigraphically adjacent to one or more aquifers. “Intermediate” as used in paragraph 40C-3.517(4)(c), F.A.C., refers to the materials and specifically carbonates that lie between and collectively retard the exchange of water between the overlying surficial aquifer system and the underlying Floridan aquifer system. The system nomenclature is described in Florida Geological Survey Special Publication No. 28 (1986), which is incorporated by reference and available at (insert URL) and upon request from the the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

(6) through (8) renumber as (3) through (5) No change.

(9) “Department” means the Florida Department of Environmental Protection.

(6)(10) “Driller” means a licensed contractor or a person working for a licensed contractor who actually constructs the well.

(11) “Drive Shoe” means any device specifically designed, fabricated and installed to protect the lower end of a water well casing or liner pipe from collapse or other damage while the casing or liner pipe is being driven into place.

(12) through (14) renumber as (7) through (9) No change.

(15) “Grout” means a mixture of water and either Portland cement (American Concrete Institute type I, type II, type III, or any other types of cement approved by the District), or Bentonite and acceptable additives approved by the District.

(10)(16) No change.

(11)(17) “Jetted Well” means a pipe meeting Rule 62-532.500 40C-3.507, F.A.C., standards with an attached well point or open ended screen. The well is installed in unconsolidated formations by the washing action of a water jet.

(18) “Liner” means a pipe which is installed either within the outer casing to repair or protect the outer casing or is installed below and separate from the outer casing to seal off caving material which may be encountered in the open hole of the well.

(12)(19) No change.

(20) “Nominal” means those standard sizes of pipe from one-eighth inch to 12 inches, specified on the inside diameter, may be less than or greater than the number indicated.

“Nominal” when referred to the grouting annulus means either the available void thickness between telescoped casing varying less than 0.20 inches below standard where one inch of grout is required and 0.35 inches below standard where two inches of grout is required or the average available void thickness between the borehole and outside wall of the casing.

(21) through (22) renumber as (13) through (14) No change.

(23) “Potable Water” means water suitable for human consumption and approvable by the county health unit (Florida Department of Health and Rehabilitative Services).

(15)(24) “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, and 62-555, 62-560 and 64E-8, F.A.C.

(25) “Public Water System” means a community or non-community system for the provision to the public of piped water for human consumption, provided that such a system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year, as set forth in Chapters 62-550, 62-555 and 62-560, F.A.C.

(26) “Telescoped Casing” means an interior casing extending below and sealed within an exterior casing.

(27) through (28) renumber as (16) through (17) No change.

(29) “Water Well” means a well as defined in Section 373.303(7), F.S., which includes any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of ground water. This term does not include any well constructed for the purpose of obtaining or prospecting for oil, natural gas, minerals or products of mining or quarrying; for inserting media to dispose of oil brine or to repressure oil-bearing or natural gas-bearing formations; or for storing petroleum, natural gas or other products; or for temporary dewatering of subsurface formations for mining, quarrying or construction purposes.

(30) through (31) renumber as (18) through (19) No change.

(20)(32) “Well Completion Report” means the form that is incorporated by reference in paragraph 40C-3.036(9)(b), F.A.C., which is completed and signed by a licensed water well contractor supplied by or approved by the District.

(21) All definitions contained in Chapters 62-531 and 62-532, F.A.C., are adopted and incorporated by reference in subsections 40C-3.036(1) and 40C-3.036(2), respectively.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019, 373.106, 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,              .

 

40C-3.0321 Delegation.

The authority for general administration of Chapter 40C-3, F.A.C., is delegated to the Executive Director of the District. It is the policy of the Board that in making this delegation the Executive Director is authorized to designate specific staff members to carry out various tasks but that overall supervision and responsibility shall rest with the Executive Director. The Executive Director, Assistant Executive Director, Director of the Division of Regulatory Services, Assistant Director of the Division of Regulatory Services, or Chief Director of the Bureau of Water Use Regulation, and the Well Construction Permitting Program Manager are expressly authorized to issue permits and licenses under this Cchapter as provided in Sections 373.342(1), 373.323(5), and 373.324(2), F.S.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083(5), 373.308, 373.309(2), 373.323(5), 373.324(2), 373.333, 373.342 FS. History–New 10-14-84, Formerly 40C-3.032, 40C-3.0032, Amended 9-17-89, Formerly 40C-3.032, Amended 12-30-03,_____.

 

40C-3.036 Forms and Instructions Publications Incorporated by Reference.

The following Department rules, publications, standards and forms and instructions regarding construction, repair, and abandonment of wells and water well contractor licensing, shall apply to the water well program administered by the District, and are incorporated by reference herein. Copies may be obtained in accordance with subsection (10) below have been approved by the governing Board and are available upon request from: District Headquarters, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529. Water Well Construction Permit Application, form number 62-532.900(1) and Water Well Completion Reports, form number 62-532.900(2), adopted October 7, 2010.

(1) Chapter 62-531, F.A.C., Water Well Contractor Licensing Requirements (June 22, 2014) (Insert URL). The following publication referenced in Chapter 62-531, F.A.C., is also incorporated by reference herein: The Department’s Water Well Contractor Disiplinary Guidelines and Citations Dictionary (June 22, 2014) (Insert URL), incorporated by reference in subsection 62-531.450(1), F.A.C.

(2) Chapter 62-532, F.A.C., Water Well Permitting and Construction Requirements (October 7, 2010) (Insert URL). 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) 2000 American National Standard Institute for Welded and Seamless Wrought Steel Pipe (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 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)Schedule 40 of the ASTM F480-14, incorporated by reference in paragraph 62-532.500(1)(e), F.A.C. Copies of this copyrighted standard may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959;

(f) 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)(g), F.A.C. Copies of these copyrighted standards may be obtained from NSF International, P. O. Box 130140, Ann Arbor, MI 48113-0140;

(g) 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;

(h) 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;

(i) 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.

(3) Rule 62-555.310, F.A.C., Source and Siting Requirements for Public Water Systems (August 28, 2003) (Insert URL), incorporated by reference in Rule 62-532.500, F.A.C.

(4) Rule 62-555.312, F.A.C., Location of Public Water System Wells (August 28, 2003) (Insert URL), incorporated by reference in Rule 62-532.500, F.A.C.

(5) Rule 62-761.640, F.A.C. (June 21, 2004) (Insert URL), incorporated by reference in subsection 62-555.312(3), F.A.C.

(6) Rule 64E-8.002, F.A.C., Limited Use Public Water System Construction (May 4, 2008) (Insert URL), incorporated by reference in Rule 62-532.500, F.A.C.

(7) Rule 64E-8.003, F.A.C., New Private and Multi-family Water System Construction (May 4, 2008) (Insert URL), incorporated by reference in Rule 62-532.500, F.A.C.

(8) Chapter 62-524, F.A.C., New Potable Water Well Permitting in Delineated Areas (June 27, 2000) (Insert URL), and the maps containing Delineated Areas for the following Counties: Alachua, Brevard, Duval, Indian River, Lake, Marion, Orange, Putnam, Seminole, St. Johns, and Volusia (Insert URL), incorporated by reference in Rule 62-524.430, F.A.C.

(9) The following Department forms are incorporated by reference into this chapter and shall apply to the well contractor licensing program administered by the District and to all wells constructed, repaired, or abandoned in the District:

(a) State of Florida Permit Application to Construct, Repair, Modify, or Abandon a Well, DEP Form 62-532.900(1) (October 7, 2010) (Insert URL), incorporated by reference in subsection 62-532.400(1), F.A.C.

(b) State of Florida Well Completion Report, DEP Form 62-532.900(2) (October 7, 2010) (Insert URL), incorporated by reference in section 62-532.410, F.A.C.

(10) All rules and publications incorporated by reference herein, other than the copyrighted materials identified in paragraphs (2)(a) through (i) herein, may be obtained without charge at the District’s website floridaswater.com or by writing or calling the Department, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone [phone], or the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177, telephone [phone].

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 120.52(16), 120.53(1), 373.085, 373.116, 373.118, 373.103, 373.308, 373.309, 373.316, 373.319, 373.323, 373.224, 373.326, 373.329, 373.333, 373.335, 373.336, 373.337 373.106, 373.229, 373.413 FS. History–New 5-30-90, Amended 1-8-96,__________.

 

40C-3.037 Water Well Contractor Licensing.

(1) Chapter 62-531, F.A.C., effective May 25, 1989, which requires the licensing of water well contractors and includes the water well contractor disciplinary guidelines and procedures manual, is hereby adopted by reference and made part of this rule. The water well contractor licensing program shall be administered and enforced by the District under the authority delegated to it by the Department of Environmental Protection.

(2) Each well contractor meeting the licensing requirements set forth in Rule 62-531, F.A.C., which is incorporated by reference in subsection 40C-3.036(1), F.A.C., will be assigned a permanent license number and shall be issued a certificate with that number.

(3) Violations of the contractor licensing requirements and well construction requirements are provided in Chapter 373, F.S., and Chapters 40C-3, 62-531, and 62-532, F.A.C. Chapter 62-532, F.A.C., is incorporated by reference in subsection 40C-3.036(2), F.A.C.

Rulemaking Authority 373.323(8) FS. Law Implemented 373.323(8) FS. History–New 10-14-84, Formerly 40C-3.037, 40C-3.0037, Amended 6-4-89,                   .

 

40C-3.041 Permits Required.

(1) through (4) No change.

(5) A well construction permit is required prior to the construction of any public supply well. Rules 62-555.310 and 62-555.312, F.A.C., which are incorporated by reference in subsections 40C-3.036(3)-(4), F.A.C., respectively, Chapters 62-550, 62-555 and 62-560, F.A.C., which set forth public supply well construction standards and permitting standards are hereby adopted by reference and made part of this rule. This permitting program shall be administered and enforced by the District under the authority delegated to it by the Department, pursuant to general delegation of authority to water management districts in the Delegation of Authority and Responsibility to the: Northwest Florida Water Management District, Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, and the Central and Southern Florida Flood Control District, Pursuant to Chapter 373, Florida Statutes dated on August 20, 1974, which is hereby incorporated by reference and available at (Insert URL) and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529. This authority with respect to public supply wells is more specifically set forth in the Memorandum of Understanding between the St. Johns River Water Management District and the Department, dated February 15, 1978, which is hereby incorporated by reference and available at (Insert URL) and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

(6) A single permit may be obtained for the construction, repair, or abandonment of the following multiple well systems provided the wells have similar construction into the same formation material, are completed in the same hyrdogeologic unit, are located on a contiguous tract of land owned by the same person or entity, and the criteria in Rule 40C-3.301, F.A.C., are met:

(a) Up to ten monitoring wells;

(b) Ganged wells;

(c) Remediation wells;

(d) Non-exempt site investigation wells; or

(e) Closed-loop (earth-coupled) geothermal wells.

(7) A separate State of Florida Well Completion Report, DEP Form 62-532.900(2) (October 7, 2010), which is incorporated by reference in paragraph 40C-3.036(9)(b), shall be filed with the District or the entity to which the authority to issue a permit has been delegated, as identified in Rule 40C-3.035, F.A.C., for each well identified in paragraphs 40C-3.041(6)(a) through (d), F.A.C.  A single State of Florida Well Completion Report shall be filed for closed-loop (earth-coupled) geothermal well systems.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.309, 373.313, 373.316 FS. History–New 10-14-84, Amended 12-5-85, Formerly 40C-3.041, 40C-3.0041, Amended 9-17-89, 1-8-96,______.

 

40C-3.051 Exemptions.

The following wells are exempt from the requirements of Rule 40C-3.041, F.A.C.

(1) No change.

(2) The wells exempted under Section 373.303(7), F.S. This exemption does not relieve the applicant from obtaining any permits which may be required under Chapters 40C-2 (Consumptive Use), 40C-4 (Surface Water Management), Chapter 40C-5 (Artificial Recharge), or 40C-40, F.A.C. (General Surface Water Management Permits), 40C-44 (Agricultural Surface Water Management Systems), or 62-330, F.A.C. (Environmental Resource Permitting).

(3) No change.

(4) A well constructed solely as a test hole or exploratory well as defined in subsection 40C-3.021(16) (22), F.A.C.

(5) The construction, repair or abandonment of a water well with a nominal casing size of less than six inches by a licensed contractor, provided that a well completion report is submitted in accordance with subsection 40C-3.411(1), F.A.C., and that the well is constructed, repaired or abandoned in accordance with the standards of this chapter. This exemption from permitting requirements in Rule 40C-3.041, F.A.C., does not apply to:

(a) through (c) No change.

(d) Any water wells within jurisdictions to which the District has delegated authority pursuant to Rule 40C-3.035, F.A.C., for water well construction for wells less than nominal well casing size of six inches 6''.

(6) No change.

(7) The construction, repair, and abandonment of a well with a nominal casing size of two inches or less in diameter, provided the well is less than 20 feet in depth and is used for no more than ten days for the purpose of obtaining shallow soil or water information. The well must be constructed, repaired or abandoned in accordance with the standards of this chapter and the well completion report is submitted in accordance with Rule 40C-3.411, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309 FS. Law Implemented 373.303, 373.308, 373.313, 373.316, 373.326 FS. History–New 10-14-84, Amended 12-5-85, Formerly 40C-3.051, 40C-3.0051, Amended 9-17-89, 3-10-97,                  .

 

40C-3.101 Content of Application.

(1) No change.

(2) Applications for permits required by this Cchapter shall be submitted on State of Florida Permit Application to Construct, Repair, Modify, or Abandon a Well, DEP Form 62-532.900(1), (October 7, 2010), which is incorporated by reference in paragraph 40C-3.036(9)(a), and shall be submitted electronically at the District’s website floridaswater.com, delivered to the entity to which the authority to issue a permit has been delegated as identified in Rule 40C-3.035, F.A.C, or delivered to one of the following District offices:

 

District Headquarters

4049 Reid Street

Palatka, FL 32177

 

Jacksonville Service Center

7775 Baymeadows Way, Suite 102

Jacksonville, FL 32256

 

Maitland Service Center

601 South Lake Destiny Road, Suite 200

Maitland, FL 32751

 

Palm Bay Service Center

525 Community College Parkway, S.E.

Palm Bay, FL 32909.

 

file with the District. The application shall contain:

(a) through (l) No change.

(3) No change.

(4) The application shall be submitted with the The required non-refundable fee pursuant to Rule 40C-1.603, F.A.C., or the fee schedule established by the agency to which permitting authority has been delegated, as identified in Rule 40C-3.035, F.A.C. shall be submitted with the permit application.

(5) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.308, 373.309, 373.342 FS. History–New 10-14-84, Formerly 40C-3.101, 40C-3.0101, Amended 9-17-89, 12-23-90,                .

 

40C-3.301 Conditions for Issuance of Permits.

(1) No change.

(2) The non-refundable permit application fee established in Rule 40C-1.603, F.A.C., or the fee schedule established by the agency to which permitting authority has been delegated, as identified in Rule 40C-3.035, F.A.C., shall accompany the original application according to the fee schedule provided in Rule 40C-1.603, F.A.C.

(3) The applicant must certify that the proposed well will be constructed, repaired or abandoned in compliance with the criteria set forth in Part II of this chapter, which includes Chapter 62-532, F.A.C., which is incorporated adopted by reference in subsection 40C-3.036(2), F.A.C. therein.

(4) through (6) No change.

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

 

40C-3.411 Well Completion Report.

(1) A State of Florida Well Completion Report, DEP Form 62-532.900(2), (October 7, 2010), which is incorporated by reference in paragraph 40C-3.036(9)(b), is Well completion reports are required for the construction, repair or abandonment of all wells regardless of whether a permit is required under Rule 40C-3.041, F.A.C. Well completion reports shall be completed and filed at a with the District office identified in Rule 40C-3.101, F.A.C., at the District’s website floridaswater.com, or with the entity to which the authority to issue a permit has been delegated, as identified in Rule 40C-3.035, F.A.C., by the contractor within 30 days of the completion of the work.

(a) through (b) No change.

(2) through (4) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History–New 10-14-84, Formerly 40C-3.411, 40C-3.0411, Amended 9-17-89,              .

 

40C-3.461 Inspection.

(1) No change.

(2) If, based upon such inspection, the District finds that the standards of Part II have not been met, the District shall proceed with enforcement actions as prescribed by Chapter 62-531, F.A.C., which is incorporated by reference in subsection 40C-3.036(1), F.A.C.

(3) through (7) No change.

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.103, 373.308, 373.309, 373.319 FS. History–New 10-14-84, Amended 12-5-85, Formerly 40C-3.461, 40C-3.0461, Amended 9-17-89,          .

 

40C-3.500 Scope of Part II.

This Part sets forth the standards and criteria for the construction, repair and abandonment of wells, including all provisions contained in Chapter 62-532, F.A.C., which is incorporated adopted by reference in subsection 40C-3.036(2), F.A.C. and made a part of this rule. All wells within the District boundaries must comply with these standards regardless of whether a permit is required under Part I.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.308, 373.309, 373.313 FS. History–New 10-14-84, Formerly 40C-3.500, 40C-3.0500, Amended 9-17-89,                  .

 

40C-3.517 Grouting and Sealing.

Wells shall be grouted and sealed 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 pressure in artesian aquifers. All wells shall be constructed and sealed using a method which insures that an open or unnaturally permeable annular space does not remain when a well is completed.

(1) through (6) No change.

(7) Cuttings shall not be reintroduced into the annular space. Wells which breach confining units and special monitor well installations will be grouted as outlined below.

(a) No change.

(b) Monitor wells required to comply with Rule 62-761.640 Chapter 62-761, F.A.C., which is incorporated by reference in subsection 40C-3.036(5), F.A.C., shall be grouted in the following manner:

1. through 2. No change.

(8) Unless a variance has been granted by the District, grouting and sealing of water wells shall be accomplished in the following manner:

(a) The grout mixture shall consist of either Portland Cement or a natural Bentonite Entonite slurry for wells and boreholes meeting the requirements in subsection 40C-3.512(8), F.A.C.

1. through 2. No change.

(b) The minimum set time for grouting of casing using either Portland Cement or Bentonite before drilling operations may continue is 12 hours.

The minimum set time for grouting of casing using Portland Cement and 2% calcium chloride by weight as an accelerator will vary with depth. Set times are listed in Table 3 below. The addition of Bentonite as specified in paragraph 40C-3.517(8)(7)(a), F.A.C., does not change the set times listed in Table 3.

TABLE 3 No change.

(c) through (f) No change.

(9) through (10) No change.

(11) Wells constructed by methods which require driven well casing are exempt from grouting and sealing guidelines set forth in previous sections, provided that the following conditions are met:

(a) through (b) No change.

(c) All annular space created while the casing is being driven shall be sealed by adding dry Bentonite with an average mesh size between 4 and 20 standard sieve size to the casing string at land surface and allowing that material to be carried down the borehole as the casing is driven. In all circumstances, dry Bentonite shall be added at the full rate required to maintain an envelope of grout around the casing; and

(d) Wells required to comply with Rules 62-555.310, 62-555.312, 64E-8.002, or 64E-8.003, permitted under Chapters 62-555 and 64E-8, F.A.C., which are incorporated by reference in subsections 40C-3.036(3)-(4) and (6)-(7), respectively, shall have the bottom five feet underreamed using either a commercially manufactured underreamer bit or an underreamer bit constructed by a contractor and approved by the District in the following manner: An underreamed borehole will be tested using a downhole caliper tool to determine if the required two inch annular space has been achieved; and

(e) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.306, 373.308, 373.309, 373.113 FS. History–New 10-14-84, Amended 4-23-85, 12-5-85, Formerly 40C-3.517, 40C-3.0517, Amended 9-17-89,_______.

 

40C-3.531 Abandoned Well Plugging.

(1) through (2) No change.

(3) Request to abandon a well shall be submitted on State of Florida Permit Application to Construct, Repair, Modify, or Abandon a Well, DEP Form 62-532.900(1), which is incorporated by reference in paragraph 40C-3.036(9)(a), F.A.C., the application form 41.10-410(1), provided by the District unless the well is exempt from permitting under Rule 40C-3.051, F.A.C.

Rulemaking Authority 373.044, 373.309, 373.113 FS. Law Implemented 373.306, 373.308, 373.309, 373.313, 373.316 373.113 FS. History–New 10-14-84, Formerly 40C-3.531, 40C-3.0531, Amended 9-17-89, 11-11-03,             

 

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 8, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 24, 2015