The purpose is to amend Rule 40D-3.411, F.A.C., to require the submittal of a Well Completion Report within 30 days of the completion of the construction, repair or abandonment of any well. The effect of the rule is to ensure the timely inspection ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-3.411Well Completion Report

PURPOSE AND EFFECT: The purpose is to amend Rule 40D-3.411, F.A.C., to require the submittal of a Well Completion Report within 30 days of the completion of the construction, repair or abandonment of any well. The effect of the rule is to ensure the timely inspection of wells and determination of compliance with well construction regulations.

SUMMARY: The rule currently allows submittal of a Well Completion Report within 30 days of the expiration of a permit. Because a permit’s duration can be extended for up to a year and the attendant Well Completion Report may not be filed for many months after the well has been constructed, this has caused problems with the timely inspection of wells and determination of compliance with well construction regulations. The proposed rule ensures that wells will be inspected and well construction violations addressed in a timely manner.

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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require a Statement of Estimated Regulatory Costs or 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: 373.308, 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 FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sonya White, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2012032)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 “State of Florida Well Completion Report,” Form No. LEG-R.005.02 (6/10), incorporated herein by

reference, within 30 days of the completion of construction, repair or abandonment of any well 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 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, 8-30-09, 9-12-10,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adrienne E. Vining, Senior Attorney

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 18, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 10, 2013