The overall purpose is to update existing rules for consistency with Florida Statutes and Florida Administrative Code.

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NOS.:RULE TITLES:

40A-3.037Water Well Contractor Licensing

40A-3.041Permits Required

40A-3.451Emergency Authorization

PURPOSE AND EFFECT: The overall purpose is to update existing rules for consistency with Florida Statutes and Florida Administrative Code.

SUMMARY: This rule development will cover updating existing rules for consistency with Florida Statutes and Florida Administrative Code.

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: Upon review of the proposed changes to the rule, the District has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), 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, 373.113, 373.171, 373.246, 373.309, 373.323, 373.337, 373.603, 373.609, FS

LAW IMPLEMENTED: 373.106, 373.109, 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.323, 373, 326, 373.333, 373.337, 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: Megan Seward, Bureau Chief, Northwest Florida Water Management District, Bureau of Performance and Compliance Improvement, 152 Water Management Drive, Havana, FL 32333, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40A-3.037 Water Well Contractor Licensing.

(1) Chapter 62-531, F.A.C., effective 8-7-196-22-14, which requires the licensing of water well contractors, is hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11589  https://www.flrules.org/Gateway/reference.asp?No=Ref-09102, A copy can be obtained from District offices upon request. The licensing program shall be administered and enforced by the District under the authority delegated to it by the Department of Environmental Protection by Order dated July 11, 1984.

(a) The Water Well Contractor Continuing Education Program Manual, effective 8-7-196-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-11590 http://www.flrules.org/Gateway/reference.asp?No=Ref-09477, is referenced in rule 62-531, F.A.C., and is hereby incorporated by reference, and requires the use of the following forms, which are also incorporated by reference:

1. Coursework Certificate of Attendance and Evaluation, Florida Water Well Contractor Continuing Education Program, Form 1, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09478.

2. Florida Water Well Contractor Continuing Education Program, Certificate of Completion, Form 2, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09479.

3. Application for Continuing Education Coursework Approval, Florida Water Well Contractor Continuing Education Program, Form 3, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09617.

4. Application for Continuing Education Course Provider, Florida Water Well Contractor Continuing Education  Program, Form 4, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09618.

Copies of the Water Well Contractor Continuing Education Program Manual and the forms referenced therein can be obtained from District offices upon request.

(b) The Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09619, is referenced in rule 62-531, F.A.C., and is hereby incorporated by reference, and a copy can be obtained from District offices upon request.

(2) Unlicensed persons violating the provisions of Chapter 373, F.S., or these rules, or orders of the District are subject to the disciplinary procedures prescribed in Section 373.323, F.S.

Rulemaking Authority 373.044, 373.113, 373.323, 373.337 FS. Law Implemented 373.323 FS. History–New 10-1-84, Amended 8-1-89, 8-15-18,                  .

 

40A-3.041 Permits Required.

(1)    through (15) No change.

(16) A single permit may be obtained for the construction, repair, or abandonment of the following multiple well systems provided the wells have similar construction into the same geologic formation, are completed in the same hydrogeologic unit, are located on contiguous tract(s) of land for which the applicant demonstrates a legal right to construct, repair or abandon a well(s), have individual total well depths equal to or less than fifty (50) feet below land surface, have individual well nominal casing with inner diameters equal to or less than four (4) inches, meet the criteria in rule 40A-3.301, F.A.C., and comply with all applicable construction, location, casing and grouting requirements set forth in Chapter 40A-3, F.A.C.:

(a) Up to ten (10) monitor wells; or

(b) Up to ten (10) site investigation wells. Site investigation wells shall be abandoned under a separate permit no later than 90 days after construction is completed.

Rulemaking Authority 373.044, 373.113, 373.171, 373.337 FS. Law Implemented 373.106, 373.109, 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.337, 373.342, FS. History–New 4-14-80, Amended 4-13-81, 2-1-82, 10-7-82, 3-29-84, 1-9-86, Formerly 16G-3.04, 16G-3.11, Amended 8-1-89, 12-1-90, 2-14-91, 11-1-95, 7-1-98, 8-15-18,                         .

 

40A-3.451 Emergency Authorization.

(1) through (4) No change.

(5) Failure to fulfill the guidelines for obtaining emergency permits may result in the issuance of a Notice of Violation under the provisions of Rules 40A-3.041, 40A-3.301 and 40A-3.451, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.109, 373.308, 373.309, 373.313, 373.326, 373.342, 373.333 FS. History–New 4-14-80, Amended 1-9-86, Formerly 16G-3.45, 16G-3.16, Amended                    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Megan Seward, Bureau Chief, Bureau of Performance and Compliance Improvement

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 22, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2019