Proposed amendments will allow all well construction permits to be extended up to 1 year and eliminate outdated provisions, in an effort to reduce regulatory burdens, remove outdated rule provisions and help streamline permitting requirements. This ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-3.321: Duration of Permits
40D-3.502: Construction Methods
40D-3.517: Grouting and Sealing
PURPOSE AND EFFECT: Proposed amendments will allow all well construction permits to be extended up to 1 year and eliminate outdated provisions, in an effort to reduce regulatory burdens, remove outdated rule provisions and help streamline permitting requirements. This rulemaking is one of the initiatives identified by the District as part of its rule review in response to Executive Order No. 11-72, to identify rules for amendment or repeal that are unnecessarily burdensome, no longer necessary or duplicative of statutory language.
SUMMARY: Currently, well construction permits may be extended only once for a period up to 90 days, except well construction permits for public supply wells, which may be extended as needed for a total period of not more than 1 year, in 90-day increments. Rule 40D-3.321, F.A.C., is amended to allow all well construction permits to be extended up to 1 year, in increments of 90 days, as is allowable for public supply wells. This will eliminate the necessity to reapply and pay an additional permit fee for those situations where a well requires a considerable length of time to complete construction due to unusual factors or the necessity to await issuance of related approvals.
Amendments are also proposed to Rules 40D-3.502 and 40D-3.517, F.A.C., to delete outdated references to soil borings and foundation holes. These construction activities, which involve activities similar to construction of a well hole, previously were regulated under the District’s well construction rules but are no longer intended to be included in such regulations.
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: This rulemaking will reduce costs for well construction permits that need time extensions and eliminate unnecessary rule language. Staff analysis has determined that the rule will not result in any adverse economic impacts to the economy or businesses or regulatory cost increases that require legislative ratification.
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, 373.309, 373.337 FS.
LAW IMPLEMENTED: 373.306, 373.308, 373.309, 373.313 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103; or email to [e-mail].. 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: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone] (4660) (OGC #2011043)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-3.321 Duration of Permits.

(1) through (2) No change.

(3) Requests for One extension of an existing permit shall be made for a period not to exceed 90 days and shall be granted by the District upon written request if:

(a) Submitted by the permittee prior to the expiration date of the permit, and

(b) The permittee shows circumstances and conditions have not changed substantially since permit issuance so that the proposed well will not adversely impact the water resource.

(4) Public water supply Wwell permits shall be extended for a period of not more than one (1) year from the date of issuance, in increments of ninety (90) days per written request for permit extension, provided the requirements of subsection (3) have been met. Extensions pursuant to subsections (3) or (4), will be covered under the original permit fee, with no additional fee required.

Rulemaking 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, Formerly 16J-3.08, Amended 7-1-90, 9-30-91, 12-31-92, 10-19-95,_________.

 

40D-3.502 Construction Methods.

(1) Water wells, soil borings or foundation holes may be constructed by drilling, coring, boring, washing, jetting, driving, or digging, but must be so constructed, cased, cemented, plugged, capped, or sealed as to permanently prevent:

(a) through(b) No change.

(2) through (8) No change.

Rulemaking Authority 373.044, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS. History–New 7-1-90, Amended 9-30-91, 12-31-92, 2-19-04,_________.

 

40D-3.517 Grouting and Sealing.

Wells shall be grouted and sealed in accordance with paragraph 62-532.500(2)(f), F.A.C., and this section, 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 artesian pressure in artesian aquifers.

(1) through (3) No change.

(4) Soil boring and foundation holes, as defined in subsection 40D-3.021(27), F.A.C., drilled into limestone or a similar carbonate material shall be sealed with an appropriate cement or bentonite grout mixture to prevent any uncontrolled movement of water between aquifers and to prevent surface contaminants from entering the hole. Other soil boring and foundation holes shall also be sealed unless they are in an unconsolidated material that will collapse upon completion of the drilling activity.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS. History–New 7-1-90, Amended 9-30-91, 12-31-92,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Tony Gilboy, Well Construction Regulation Manager
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 27, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 7, 2011