The purpose of the proposed new rule is to provide a discrete list of actions, omissions, and conduct that are considered violations of Chapter 40D-3, F.A.C., and establish a new deadline for submittal of Well Completion Reports. The effect is to ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-3.492Violations of Permits

PURPOSE AND EFFECT: The purpose of the proposed new rule is to provide a discrete list of actions, omissions, and conduct that are considered violations of Chapter 40D-3, F.A.C., and establish a new deadline for submittal of Well Completion Reports. The effect is to clearly specify those actions the District will pursue as violations of the requirements of Chapter 40D-3, F.A.C., and to ensure the timely inspection of wells and determination of compliance with well construction regulations.

SUMMARY: The new rule provides a list of activities that are considered violations of Chapter 40D-3, F.A.C., so that those who are regulated by the District are on notice of those actions for which the District will pursue enforcement.

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 FS.

LAW IMPLEMENTED: 373.308. 373.309, 373.342 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-3.492 Violations of Permits.

(1) Actions. omissions, or conduct that shall be considered a violation of this part. are:

(a) failure to submit a complete well completion report within 30 days of the completion of construction, repair or abandonment of any well.

(b) Intentional misrepresentation or falsification of records.

(c) Failure to obtain a permit when required under Rule 40D·3,041. FAC. C

(d) Failure to keep a field log at the drilling site with accurate information of all construction activities.

(e) Failure to provide a field log upon request to a District representative at the drilling site unless a field log is not available at the site.

(f) Failure to report to the District within 30 days of expiration of the permit when no work is performed or the well is not completed.

(g) Failure to comply with any or all permit conditions.

(h) Failure to notify the District 24 hours prior to the commencement of drilling operations of any public supply well.

(i) Failure to notify the District 24 hours prior to the placement of grout in the annular space of any public supply well.

(j) Failure to notify the District 48 hours prior to the completion of a well that is subject to the requirements of Rule 40D-3.600. FAC,

(2) Violations may be reported by any person, including District staff,

Rulemaking Authority 373.044, 373,113. 373.171 FS. Law Implemented 373.308. 373.309, 373.342 FS. History–New________.

 

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