40A-3.041. Permits Required

(1) Unless expressly exempted by Statute or District rule, a permit must be obtained from the District prior to construction, repair, or abandonment of a well and the well must be constructed, repaired, or abandoned by a licensed water well contractor. Any potable water well proposed within an area of ground water contamination, as delineated by the Department, will be permitted as follows.

(a) The maps identified below, which are incorporated herein by reference, effective 6-27-00, show surface areas delineated by the Department as areas within which ground water contamination is known to exist or which encompasses vulnerable areas or areas in which the Department provides a subsidy for restoration or replacement of contaminated drinking water supplies. Each map listed contains a month and year which corresponds to the date the Department prepared the most recent map showing any portion of a delineated area. Copies of these maps can be obtained from District offices upon request.

1. ESCAMBIA COUNTY:

Cantonment 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09455;

Pensacola 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09485;

Seminole (AL) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09486;

West Pensacola 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09456.

2. JACKSON COUNTY:

Alford 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09457;

Bascom 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09458;

Campbellton 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09459;

Cottondale East 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09483;

Cottondale West 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09484;

Cypress 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09460;

Dellwood 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09461;

Fairchild (GA) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09462;

Graceville 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09463;

Kynesville 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09464;

Malone 11/94, https://www.flrules.org/Gateway/reference.asp?No=Ref-09465;

Marianna 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09466;

Oakdale 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09467;

Grangeburg (AL) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09468;

Saffold (AL) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09469;

Sills 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09470;

Sneads 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09471;

Steam Mill (GA) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09472.

3. LEON COUNTY:

Tallahassee 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09473.

4. SANTA ROSA COUNTY:

Milton South 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09474;

Pace 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09475.

(b) Well Construction Requirements:

1. New potable water wells shall comply with the minimum construction standards contained in Chapter 40A-3, F.A.C., and additional requirements assigned by the permitting authority relative to depth restrictions, location of screened or open hole interval, and length of casing where warranted by local specific information.

2. Methods of constructing new potable water wells shall be limited to rotary drilling, boring, or other method specificallly approved by the permitting authority which meets the water well construction criteria in this chapter and as required below:

a. Well casing and liner pipe shall be new, free of breaks, corrosion and dents, straight and true, and not out of round. Welded or seamless black or galvanized steel pipe or casing, or stainless steel pipe or casing, or approved types of nonmetallic pipe shall be used for well casing or liner pipe.

b. Solvent-bonded couplings shall be prohibited in areas with known ground water contamination which includes solvent components.

c. To prevent the interchange of water and loss of artesian pressure, contaminated, unconfined ground water intervals shall be sealed off prior to drilling through the underlying confining interval. Uncontaminated, unconfined ground water intervals shall be sealed off or otherwise protected prior to drilling into deeper, contaminated ground waters.

d. For any well casing installed in a bore hole with an annular space around the casing, the annular space shall be filled from bottom to top with not less than a nominal two inch thickness of neat cement grout.

e. A concrete pad measuring three feet by three feet by four inches shall be constructed around the elevated portion of the casing so that the casing is centered in the pad to prevent soil erosion and seepage of surface contamination into the annular space.

f. A minimum elevation of one foot of casing above land surface shall be required.

g. A raw water tap shall be provided to allow sampling of the well before exposure to storage or treatment.

h. The well casing shall be visibly and permanently marked above the land surface with the latitude and longitude and the permit number issued by the permitting authority for that well.

i. To the extent practical, potable water wells shall be located outside any delineated area identified in paragraph 40A-3.041(1)(a), F.A.C.

j. Where the source of contamination and the direction of ground water flow are known, in a delineated area identified in paragraph 40A-3.041(1)(a), F.A.C., to the extent practical, potable water wells shall be located upgradient of the source.

k. New potable water wells shall be located on ground least subject to inundation.

l. Any new potable water well constructed within a delineated area that does not meet the construction standards of this section shall be abandoned and plugged in accordance with Rule 40A-3.531, F.A.C., and applicable water mangement district rules.

3. New potable water wells shall be tested by the Department or other delegated authority using methods as specified by the Department in accordance with Section 373.309, F.S., for the presence in the untreated water of the ground water contamination which resulted in the delineation. The Department shall accept only test results obtained from water samples collected and analyzed by the Department of Health. The well construction permit applicant shall be responsible for the cost of sample collection, shipping, and analysis.

a. If no ground water contamination is found upon testing of a new potable well in a delineated area, the Department of Health shall be responsible for the issuance of a letter of clearance to the well construction permit applicant.

b. If ground water contamination is found upon testing or other ground water contamination is found, a well shall not be cleared for use without a demonstration, through water quality testing, that a filter or other permament remedy prevents the users of the well from being exposed through ingestion, inhalation, or dermal absorption, as appropriate for a contaminant, to ground water contamination.

4. Exemption from the requirements for construction of wells in delinated areas shall be granted to an applicant by the District or the permitting authority upon demonstration using hydrogeological, water quality, and other pertinent information that the exemption will not result in the impairment of the intent and purpose of this chapter. Detailed requirements for each exemption shall be negotiated between the permit applicant and the permitting authority on a case by case basis.

(c) Permit Requirements:

1. A construction or modification permit shall be obtained pursuant to Rule 40A-3.041, F.A.C., for all new potable wells prior to installation or conversion. Applicants shall submit a proposed well design with the completed application, and the permit fee, to the District. In addition to the general requirements of this chapter, the permit shall address the following requirements through special conditions:

a. Well construction including method of construction, depth, location of cased and screened intervals, casing material and grouting.

b. Any special cleaning requirements for casing or drilling equipment.

c. Water quality testing.

d. Unique well identifiers where needed.

2. Permitting and construction of new potable water wells, except for a well to be used for a public water system, are prohibited in delineated areas where a distribution line of an available potable water system is within 500 feet of the boundary of the property for which a well construction permit is being sought. Such prohibition applies unless the property owner or applicant obtains documentation from the public water system or the Department’s Water Supply Restoration and Replacement Program, and submits such documentation to the permitting entity, which demonstrates either of the following:

a. That economic factors caused by physical or legal impediments to construction to a distribution line prevent the property owner or permit applicant from obtaining potable water through connection to the distribution line; or

b. That necessary water distribution line extension (excluding plumbing and meters) cannot be completed within 30 days of application to the Department for water supply restoration or replacement.

(d) Prohibited Acts:

1. It shall be a violation of Section 373.309, F.S., and this chapter to construct, repair, convert from non-potable use, or abandon any potable water well, or use for human consumption any well subject to permit under this chapter without having obtained a permit pursuant to this section. This prohibition shall apply to both the water well contractor and the well owner.

2. It shall be a violation of Section 373.309, F.S., and this chapter to use for human consumption, after delineation, any water well subject to permit under this section without having performed water quality testing pursuant to subparagraph 40A-3.041(1)(b)3., F.A.C.

3. It shall be a violation of Section 373.309, F.S., and this chapter to use for human consumption, after delineation, any water well subject to permit under this section in which contaminants have been found without a demonstration through water quality testing that a filter or other means of preventing the users of such well from being exposed to ground water contamination is effective.

(e) Penalties.

1. Any person who violates any provision of this chapter pertaining to delineated areas, orders regarding delineated areas, or permits issued in delineated areas under the authority of this chapter shall, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 and 775.083, F.S. Continuing violation after an order or conviction shall constitute a separate violation for each day the violation occurs.

2. Any water well contractor who is in violation of subparagraph 40A-3.041(1)(d)1., F.A.C., shall, in addition to subparagraph 40A-3.041(1)(e)1., F.A.C., also be subject to the penalty provisions in Chapter 62-531, F.A.C., which is incorporated by reference in subsection 40A-3.037(1), F.A.C., including the license suspension and revocation provisions contained therein.

(2) A permit to construct, repair, modify or abandon any water well meeting the provisions of Chapter 373, Part III, F.S., and Chapter 40A-3, F.A.C., will be issued by the Executive Director. However, if a permit request is considered for denial or a written objection is filed to the issuance of a permit, or the application is for the construction of an artificial recharge facility, then the application shall be processed in accordance with the applicable provisions of Rule 40A-1.203, F.A.C., and acted upon by the District’s Governing Board.

(3) Permit applications shall be filed with the District on Department Form Number 62-532.900(1), State of Florida Permit Application to Construct, Repair, Modify, or Abandon a Well, hereby incorporated by reference, effective 10-7-10, https://www.flrules.org/Gateway/reference.asp?No=Ref-09094, and a copy can be obtained from District offices upon request. The required fee shall be submitted with the permit application. Applications to construct an artificial recharge facility shall be accompanied by a completed copy of the Application to Construct/Operate/Abandon Class I, III, or V Injection Well Systems, effective 6-24-97, Department Form Number 62-528.900(1), F.A.C., hereby incorporated by reference, effective 6-24-97, https://www.flrules.org/Gateway/reference.asp?No=Ref-09104, and a copy can be obtained from District offices upon request.

(4) Permits for water use must be obtained under the provisions of Chapter 40A-2, F.A.C. A well shall not be constructed until an Individual water use permit is granted, if a water use permit is required.

(5) Additional information may be required such as: geophysical logs, geologic samples and logs, a list of proposed construction methods, a description of proposed pump tests, a list of well specifications, a description of the proposed water quality monitoring systems, and a description of the proposed total monitoring system.

(6) Receipt of the permit will constitute permission to begin well construction, repair, or abandonment.

(7) The District permit for a public water supply well does not constitute approval of the public water system. A separate application must be submitted to the Department in accordance with subsection 62-555.102(2), F.A.C., to obtain a permit to construct or alter a public water supply system.

(8) The permit shall be available at the site of the well during construction, repair or abandonment.

(9) Any permittee who desires to change the location of a well or otherwise amend a permit shall apply to the District for an amendment. No charge shall be made to amend the permit. As a condition to approving any amendment, the District may require remedial action to bring any work accomplished under the original permit into compliance with provisions of this chapter.

(10) A repair permit is not necessary if remedial work is performed on a well before the expiration date of the construction permit; however, an updated completion report should be filed with the District if the well depth or casing depth is increased.

(11) Permits will not be granted after a water well has been constructed, repaired, or abandoned, except in the case of subsection (12) below. As a condition to the enforcement action taken, a contractor will be required to submit a permit application and completion report for the District’s records.

(12) A permit to abandon is required for any well which was constructed and found unsuitable for use. If the contractor is in the drilling process and needs to abandon, he may perform the work prior to obtaining a permit; however, the permit must be obtained by telephone or in person no later than 24 hours following the well abandonment. The hole must be properly abandoned (plugged) according to the standards of subsection 40A-3.531(4), F.A.C.

(13) If a well unsuitable for use is abandoned (plugged), and the contractor plans to construct a new well, he may use the construction permit granted for the first well, provided that it has not expired.

(14) Receipt of a permit from the District does not alleviate the responsibility of the applicant to obtain other permits that may be necessary from local, state, or federal agencies. If more stringent rules concerning construction standards for water wells are promulgated by local permitting authorities, those standards shall apply.

(15) A permit to abandon a test well or test hole is required to be obtained by the property owner, through a licensed water well contractor, within six (6) months from the date of well construction permit issuance. However, if the test well or test hole was constructed to permanent well standards and meets all applicable setback requirements, the well may be converted to permanent well status by obtaining an additional construction permit for the new permanent well type. A new permit application fee must also be submitted in accordance with the proposed permanent well type.

(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, 5-20-20.