The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking for the purpose of amending water well rules to remove unnecessary definitions, align definitions with 373.303, F.S., ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-3.021Definitions

40B-3.035Publications and Agreements Incorporated by Reference

40B-3.051Exemptions

40B-3.101Content of Application

40B-3.201Permit Fees

40B-3.411Completion Report

40B-3.521Well Seals

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking for the purpose of amending water well rules to remove unnecessary definitions, align definitions with 373.303, F.S., clarify additional terms used in rule text; incorporate FDEP rules and forms, extend exemptions to all water well activities, clarify permit application and completion report requirements, re-format the application fee table, eliminate the elevation survey and venting requirements for wells drilled in a floodplain, eliminate the drill cutting collection requirement in contaminated areas, and eliminate the requirement for the District to designate areas where well pumps can be periodically removed. The effect will be more understandable and streamlined rules; and reduced regulatory burdens.

SUMMARY: Well construction, repair, abandonment, and modification rules.

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 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, 373.109, 373.113, 373.171, 373.308, 373.309, 373.136, 373.333 FS.

LAW IMPLEMENTED: 373.019, 373.046, 373.103, 373.106, 373.113, 373.206, 373.303, 373.306, 373.308, 373.309, 373.313, 373.316, 373.323, 373.326, 373.333, 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 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).. 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.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-3.021 Definitions.

When used in this chapter:

(1) “Abandon” or “Well abandonment” means to plug a well as set forth in rule 40B-3.531, F.A.C. by filling from bottom to top with neat cement grout.

(2) No change.

(3) “Abandoned water well” or “abandoned well” means any well as defined in subsection 373.303(1), F.S. which has been abandoned.

(4) through (17) No change

(18) “Non-potable well” means a water well that is not intended to produce water for human consumption.  Non-potable water wells include, but are not limited to, irrigation wells, geothermal wells, and monitor wells.

(19) (18) “Public supply well” means a well constructed for the purpose of supplying water to a public water system, as permitted under Chapters 62-550, 62-555, 62-560, 62-524 or 64E-8, F.A.C.

(20) (19) “Public supply system” means a system for the provision to the public of piped water for human consumption.

(20) “Sand point” means any well which is driven into place in unconsolidated earth materials, and which consists of a pipe with an attached perforated metal tube or screen designed to permit the passage of water.

(21) “Test hole” or “Geotechnical boring” means an artificial hole in the ground drilled, bored, cored, washed, or jetted, the intended use of which includes obtaining data for engineering and/or for geophysical or geological exploration; prospecting for minerals or products of mining or quarrying; not for the purposes of either producing, disposing of, or searching for water.

(22) “Test well” means a well constructed for temporary use, designed to allow specific geological or groundwater parameters to be examined prior to the construction of a permanent well.

(23) “Tremie method” means a method of well abandonment or of grouting an annular space by pumping neat cement grout through a pipe in one continuous operation or in stages until grout is observed at land surface.

(24) “Upper well terminus” means that portion of a continuous water-bearing well casing ending above ground surface or within an approved enclosure below ground surface.

(25) (22) “Water use permit” means a permit issued under Chapter 40B-2, F.A.C.

(26) (23) “Water well” means a well as defined in subsection 373.303(7), F.S.

(27) (24) “Well casing” means a metallic or nonmetallic pipe installed in a borehole to prevent caving, provide structural strength, seal off zones of poor water quality, or prevent the interchange of waters between aquifers.

(28) (25) “Well completion” means termination of all well construction, repair, or abandonment activities, including well development in accordance with Part II.

(26) “Well completion report” means Well Completion Form 40B-3-3 supplied by the District completed and signed by the person constructing the well in accordance with this chapter.

(29) “Well modification” means a change in the intended use of a well.

(30) “Well repair” means a repair activity as defined in subsection 373.303(5), F.S.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019, 373.106, 373.303, 373.306, 373.342 FS. History–New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85, 8-15-89, 6-22-99, [DATE].

 

40B-3.035 Publications and Agreements Incorporated by Reference.

The following Department rules, publications, standards and forms regarding construction, repair, modification 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. All rules and publications incorporated by reference herein, other than the copyrighted materials identified in paragraphs (3)(a) through (h) below, may be obtained without charge at the District’s website mysuwanneeriver.com or by writing or calling the Department, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone [phone], or the District, 9225 CR 49, Live Oak, FL 32060, telephone [phone]. The Governing Board hereby adopts by reference: Memorandum of Understanding between the Suwannee River Water Management District and the Department of Environmental Protection concerning procedures for handling:

(1) The Memorandum of Understanding between the District and the Department (September 16, 1982) concerning the processing of public drinking water applications, applications for projects involving the construction and operation of artificial recharge facilities, and applications for projects utilizing land disposal of treated waste water. Public supply well construction;

(2) Chapter 62-531, F.A.C., Water Well Contractor Licensing Requirements (August 7, 2019). The following publications and forms referenced in Chapter 62-531, F.A.C., are also incorporated by reference herein: Applications for projects involving the construction and operation of artificial recharge facilities; and

(a) The Department’s Water Well Contractor Disciplinary Guidelines and Citations Dictionary (June 22, 2014), incorporated by reference in rule 62-531.450, F.A.C.;

(b) Form 1 Certificate of Attendance (June 22, 2014), incorporated by reference in rule 62-531.300, F.A.C.;

(c) Form 2 Certificate of Completion (June 22, 2014), incorporated by reference in rule 62-531.300, F.A.C.;

(d) Form 3 Course Approval (June 22, 2014), incorporated by reference in rule 62-531.300, F.A.C.;

(e) Form 4 Course Provider (June 22, 2014), incorporated by reference in rule 62-531.300, F.A.C.;

(f) Water Well Contractor Continuing Education Program Manual (July 16, 2019), incorporated by reference in Rule 62-531.300, F.A.C.

(3) Chapter 62-532, F.A.C., Water Well Permitting and Construction Requirements (February 16, 2012). 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) 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;

(f) 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;

(g) 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;

(h) 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.

(4) Chapter 62-524, F.A.C., New Potable Water Well Permitting in Delineated Areas (February 16, 2012), and the maps containing Delineated Areas for the following Counties: Alachua, Columbia, Gilchrist, Hamilton, Madison, and Suwannee, incorporated by reference in Rule 62-524.430, F.A.C. Applications for projects using land disposal of treated waste water.

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

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

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.046, 373.308, 373.309, 373.342 FS History–New 7-1-85, Amended 6-22-99, [DATE].

 

40B-3.051 Exemptions.

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

(1) The wells described in Section 373.316, F.S.; and

(1)(2) A well constructed, repaired, or abandoned solely for the purpose of a test hole, as defined in section subsection 40B-3.021(21), F.A.C.

(2)(3) Wells constructed, repaired, or abandoned for the purpose of temporary dewatering.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.309, 373.313, 373.316, 373.326 FS. History–New 4-15-81, Amended 1-31-83, 7-1-85, 6-22-99, [DATE].

 

40B-3.101 Content of Application.

(1) Permits will only be issued to a licensed water well contractor upon application by the owner on whose property the well will be located, or the owner’s agent. Permits issued pursuant to subsection 373.326(2), F.S., shall be issued to the property owner or the owner’s agent. Permits will only be issued upon application by the owner on whose property the well is to be located or his agent.

(2) Applications for permits required by this chapter shall be submitted on a 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 section 40B-3.035(5), F.A.C., and shall contain the information required therein. Applications for permits required by this chapter shall be filed with the District. The application shall contain:

(a) The name, address, telephone number, and signature of the property owner or his agent;

(b) The name, license number, telephone number, and signature of the licensed contractor constructing the well;

(c) The method of construction for the new construction, repair, or abandonment and the proposed starting date;

(d) The well use;

(e) The proposed casing type, diameter, and depth;

(f) The proposed length and type screen to be used;

(g) The proposed pump capacity in gallons per minutes;

(h) The location of the well (to the nearest 1/4 section, and latitude and longitude to the nearest second), including the county, subdivision name, and a site map to scale depicting landmarks;

(i) The contractor’s or owner’s agreement to comply with all District rules;

(j) Tax parcel identification number of real property; and

(k) Proof of real property ownership.

(3) Permit applications shall be signed by the licensed water well contractor and the property owner, or the licensed water well contractor and the property owner's authorized agent. Permit applications submitted pursuant to subsection 373.326(2), F.S., shall be signed by the property owner. The submittal of a permit application shall constitute the owner’s permission to the District for the purpose of gaining access to the property for inspection of the well site.

(4) No change.

(5) The applicant shall provide with the application a site plan to scale of the property identified in (2)(h) above, which includes any existing or proposed improvements, and clearly identifies the proposed well location. If the proposed well location is within a floodprone area of the Suwannee River system defined as the 100-year floodplain of the Suwannee, Alapaha, Withlacoochee, Santa Fe, and Aucilla Rivers as depicted on official Flood Hazard Boundary Maps or Flood Insurance Rate Maps issued by the Federal Emergency Management Agency for each county and community, the site plan shall include the land surface elevation at the proposed well location and the site plan and elevation(s) shall be certified by a Professional Surveyor and Mapper registered in Florida under Chapter 472, F.S. If the proposed well location is not within a floodprone area of the Suwannee River system defined as the 100-year floodplain of the Suwannee, Alapaha, Withlacoochee, Santa Fe, and Aucilla Rivers as described above, the applicant may include a copy of the appropriate recent aerial photograph with property boundaries available from the offices of the respective County Property Appraiser, or copy of a plat or other survey, annotated to show all improvements and proposed well location in order to satisfy the requirements of this rule.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342, 403.0877 FS. History–New 7-1-85, Amended 8-15-89, 4-4-91, 6-22-99, 7-1-09, [DATE].

 

40B-3.201 Permit Fees.

(1) through (3) No change.

(4) Fees for permits to construct or repair wells required by this chapter shall be as listed below, and shall apply to each well constructed repaired. No fee shall be required for a permit to abandon or modify a well.

(5) Fees regarding water use permits shall be in accordance with Chapter 40B-2, F.A.C.

 

TABLE 1 SCHEDULE OF WATER WELL PERMIT FEES  

Water Well Contractor Licenses per Rule 40B-3.037, F.A.C.	$150
Renewal	$50
Re-issuance of Inactive License	$125
Public Water Supply Wells not in a Chapter 62-524, F.A.C., Delineated Area per Rule 40B-3.041, F.A.C.      Construction	$275
Repair Modification or Renewal	$140
Transfer of an application to another licensed water well contractor	$10
Chapter 62-524, F.A.C., Delineated Area Wells Well Construction Permits in Delineated Areas per Chapter 62-524, F.A.C., Delineated Area Wells of rules of Florida Department of Environmental Protection
Domestic Self-Supply well construction Private Supply Wells      Repair Modification or Renewal      Public Supply Wells	$275 $140 $500
Transfer of an application to another licensed water well contractor	$10
All other wells falling under Rule 40B-3.041, F.A.C.      Construction	$40
Repair Modification or Renewal	$10
Transfer of an application to another licensed water well contractor	$10
Class V Air Conditioning or Heating Return Wells per sub-subparagraph 62-28.130(1)(e)1.a., F.A.C., of rules of Florida Department of Environmental Protection as adopted by reference in Rule 40B-5.011, F.A.C.	$40
Modification or Renewal	$10
Transfer	$10

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 218.075, 373.109, 373.308, 373.309, 373.313 FS. History–New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85, 6-16-88, 6-22-99, [DATE].

 

40B-3.411 Completion Report.

(1) Well completion reports are required for all permits issued pursuant to this chapter. Well completion reports shall be submitted to the District within 30 days of the completion of the permitted activity on a State of Florida Well Completion Report, DEP Form 62-532.900(2), (October 7, 2010), which is incorporated by reference in section 40B-3.035(6), F.A.C.; and shall contain the information required therein. Well completion reports are required for the construction, repair, or abandonment of all wells. Well completion reports shall be filed with the District within 30 days of the well completion.

(2) Upon effective date of this rule, the water well contractor shall provide the latitude and longitude for each well on well completion reports. The format shall be in a manner specified by the District.

(3) Renumbered (2).

(3)(4) If no work is performed under a permit issued pursuant to this chapter, a well completion report shall be submitted within 30 days of the expiration of the permit stating that no permitted activity was performed. If no work is performed or if the well is not completed, a report shall be filed within 30 days of the expiration of the permit stating that no well construction was performed under the permit or outlining the status of the incomplete well.

(5) The District shall also require that samples be taken during construction and furnished to the District with the completion report if construction is to be in certain areas of known surface or groundwater contamination. If samples are required, the District shall provide containers and instructions.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History–New 4-15-81, Amended 1-31-83, 7-1-85, 6-22-99, 7-1-09, [DATE].

 

40B-3.521 Well Seals.

(1) Temporary Well Seals. Whenever there is a temporary interruption in work on the well or when pumping equipment is removed from the well, the upper well terminus shall be sealed as set forth in section 62-532.500(4), F.A.C. during construction, repair, or abandonment, the well opening shall be sealed with a substantial watertight cover. Except for those areas of the District designated by the District with the concurrence of the Department, any well in which pumping equipment is installed seasonally or periodically shall, whenever pumping equipment is not installed, be capped with a watertight cap or valve.

(2) Permanent Well Seals. The upper well terminus shall include a watertight seal to prevent movement of surface water and contaminants into the well. Wells located on ground subject to flooding shall be properly sealed to prevent the movement of contaminants and surface water into the well. The upper end of the well casing shall include a watertight seal with any vent above the 100-year flood level of the Suwannee River system defined as the 100-year floodplain of the Suwannee, Alapaha, Withlacoochee, Santa Fe, and Aucilla Rivers. Pumping equipment and any necessary pipe or electrical connections shall be so installed as to prevent inadvertent introduction of surface waters or contaminants into the well. Pumping equipment and any necessary piping or electrical connections installed within the casing shall be installed through a well seal in such a manner so as to assure that such connections are watertight and prevent the introduction of surface waters or contaminants into the well. An unobstructed inspection port equipped with a removable plug shall be provided and be accessible at the wellhead.

Specific 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].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 4, 2022