Emergency Authorization for Well Construction Permits, Bonds, Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications, Permit Processing Fee
Southwest Florida Water Management District
RULE NOS.:RULE TITLES:
40D-1.1022Emergency Authorization for Well Construction Permits
40D-1.604Bonds
40D-1.6051Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications
40D-1.607Permit Processing Fee
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 248, December 26, 2013 issue of the Florida Administrative Register.
These changes are in response to written comments received from the Joint Administrative Procedures Committee dated February 5, 2014 and March 14, 2014. The changes are as follows:
Subsection 40D-1.1022(5), F.A.C., is hereby revised as follows:
(5) In emergency situations when compliance with the requirements of Part III of Chapter 373, F.S., or Chapter 40D-3, F.A.C., will result in undue hardship when an unexpected problem is encountered during the construction, repair or abandonment of a well, the Executive Director or the Executive Director’s designee, shall authorize an exemption to the extent provided in Section 373.326(1), F.S., by telephone, from the conditions required by a permit or rule requirements for a well. A Well Completion Report documenting the exemption must be submitted to the District in writing within 30 days of completion.
Rule 40D-1.604, F.A.C., is hereby revised to be repealed in full.
40D-1.604 Bonds.
(1) The District may require the applicant for a permit to furnish a bond made payable to the District and its successors, with a reputable bonding corporation authorized to do business in this State as surety, conditioned upon full compliance with the terms of the permit. The amount of the bond shall be in such amount as the District shall determine to be adequate.
(2) In the alternative to subsection (1), the District may require liability insurance in such amount as the District shall determine endorsed in favor of the District or a hold harmless agreement satisfactory to the District.
(3) The District may require that such bond or liability insurance be maintained as a condition of the continued validity of the permit.
Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.085, 373.413, 373.416 FS. History–Readopted 10-5-74, Formerly 16J-0.13, 40D-1.391, 40D-1.1900, Amended, 6-5-05, 11-2-09, Repealed_________.
Paragraph 40D-1.6051(1)(b), F.A.C., is hereby revised as follows:
(b) Upon written request by the applicant, an extension of time shall may be granted by the District staff upon a showing by the applicant that a good faith effort is being made to provide the additional information and the additional time is required.
Paragraph 40D-1.607(6)(a), F.A.C. (formerly subparagraph 40D-1.607(10)(a)1.), is revised as follows:
1. PERMIT MODIFICATIONS USING MODIFICATION SHORT FORM: Applications for permit modifications using the Modification Short Form incorporated by authorized pursuant to paragraph 40D-2.331(2)(b), F.A.C.
