The District proposes to amend Rules 40D-3.037, 40D-3.101, 40D-3.411, 40D-3.531, F.A.C., to incorporate by reference forms used in well construction-related activities into the rules for well construction instead of into Rule 40D-1.659, F.A.C. ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-3.037: Rules, Publications and Agreements Incorporated by Reference
40D-3.101: Content of Application
40D-3.411: Well Completion Report
40D-3.531: Abandoned Well Plugging
PURPOSE AND EFFECT: The District proposes to amend Rules 40D-3.037, 40D-3.101, 40D-3.411, 40D-3.531, F.A.C., to incorporate by reference forms used in well construction-related activities into the rules for well construction instead of into Rule 40D-1.659, F.A.C. Proposed amendments are part of an overall rulemaking effort to incorporate District forms into the particular rule applicable to each individual form. The effect is to make District rules identifying forms available for public use consistent with requirements for incorporating materials by reference. Forms will also be renumbered and revised to contain the specific citation to the rule in which the form will now be incorporated.
SUMMARY: Currently, all District forms are incorporated by reference into Rule 40D-1.659, F.A.C. In response to comments from the Joint Administrative Procedures Committee, amendments are proposed to incorporate District forms and other materials into the specific rule which addresses the particular form or material. Forms are renumbered and revised to contain the specific rule citation in which each form is now incorporated. Rule 40D-3.101, F.A.C., is amended to incorporate by reference the renumbered forms used in applying for a well construction permit. Rule 40D-3.411, F.A.C., is amended to incorporate by reference a renumbered well completion report form. Rule 40D-3.531, F.A.C., is amended to incorporate a renumbered well grouting/abandonment form.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 373.046, 373.109, 373.206, 373.207, 373.209, 373.306, 373.308, 373.309, 373.313, 363.316, 373.323, 373.324, 373.333 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: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4660

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-3.037 Rules, Publications and Agreements Incorporated by Reference.

(1) The regulations promulgated by the Department governing the construction of water wells as set forth in Chapter 62-532, F.A.C. (3-28-02), the construction of water wells in delineated areas as set forth in Chapter 62-524, F.A.C. (6-27-00), the licensing requirements for Water Well Contractors as set forth in Chapter 62-531, F.A.C. (11-25-07), and the construction of public supply water wells as set forth in Chapter 62-555, F.A.C. (1-17-05), are hereby incorporated by reference and made a part of this rule and shall apply to all water wells constructed, repaired, modified or abandoned in the District. The regulations can be obtained from the Department’s Division of Water Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) The Department’s Water Well Contractor Disciplinary Guidelines and Procedures Manual (October 2002) and the Department’s Florida Unified Citations Dictionary for Water Well Construction (October 2002) are hereby incorporated by reference and made a part of this rule. Both documents can be obtained from the Department’s Division of Water Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the District upon request.

(3) Well Construction Forms are incorporated by reference into Rule 40D-3.101 40D-1.659, F.A.C., and are available from the District upon request and from the District’s website at www.watermatters.org or from the District’s offices.

(4) The Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region IV, Superfund Division and the Southwest Florida Water Management District (August 2008) is incorporated by reference and is available from the District upon request.

(5) The Application for Water Well Contractor’s License, Form No. LEG-R.003.01 (4/09) and Application for Renewal of a Water Well Contractor’s License, Form No. LEG-R.006.01 (4/09) are hereby incorporated by reference and are available from the District’s website at www.watermatters.org. or from the District offices.

Rulemaking Specific Authority 373.044, 373.113, 373.309 FS. Law Implemented 373.046, 373.308, 373.309, 373.323, 373.324, 373.333 FS. History–New 7-1-90, Amended 12-31-92, 4-11-94, 6-27-94, 9-22-94, 7-5-95, 10-19-95, 7-15-99, 6-23-03, 1-8-04, 8-19-08, 1-5-09,________.

 

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 form entitled “State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well,”, Form No. LEG-R.040.00 (4/09), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C. Except for replacement and domestic use wells, all applications to construct a well within the Most Impacted Area of the Southern Water Use Caution Area, as set forth in subparagraph 40D-2.801(3)(b)2, and Figure 2.1, F.A.C., shall include the form entitled “Well Verification For All Non-Domestic Use Wells Located in the Most Impacted Area of the Southern Water Use Caution Area,”, Form No. LEG-R.016.01 (4/09), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C. Copies of all forms incorporated in this Rule can be obtained from the District’s website at www.watermatters.org. or from the District offices.

(2) A permit applicant seeking to drill a public supply well shall submit:

(a) A completed well permit application, as set forth in subsection (1) above, signed and accompanied by an applicable permit fee;

(b) A completed Southwest Florida Water Management District “Public Supply Well Information and Classification Form,”, Form No. LEG-R.015.01 (4/09), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C.; and

(c) Four sets of site plans signed, sealed and dated by a licensed professional engineer. Applicants for permits on existing projects may submit pre-existing site plans or detailed legal plats.

(3) No change.

Rulemaking 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, 2-26-07, 8-19-08,________.

 

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 or any individual permittee shall submit to the District the form entitled “Well Completion Report,”, Form No. LEG-R.005.01 (4/09), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C., within 30 days of the expiration of the permit. Copies of the Well Completion Report form can be obtained from the District’s website at www.watermatters.org. or from District offices.

(b) through (d) No change.

(2) No change.

Rulemaking 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, 2-26-07, 8-19-08,________.

 

40D-3.531 Abandoned Well Plugging.

(1) The form entitled “State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well,”, adopted by reference in Rule 40D-3.101 40D-1.659, F.A.C., shall be submitted to the District and a Well Construction Permit shall be issued prior to the abandonment of any well, including an incomplete well.

(2) through (4) No change.

(5) The “Well Grouting/Abandonment Form,”, Form No. LEG-R.041.00 (4/09) incorporated herein adopted by reference in Rule 40D-1.659, F.A.C., will be used to document the well abandonment. Copies of this form can be obtained at the District’s website at www.watermatters.org. or from District offices.

Rulemaking 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, 2-26-07, 8-19-08,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 8, 2009