Florida Administrative Code

(1) Upon declaration of a water shortage or water shortage emergency, the use of water in a manner inconsistent with the restrictions specified in this plan, shall be prohibited. It shall be the duty of each water user to stay informed as to the phase of water shortage and the ap…

A Phase I Water Shortage refers to a moderate shortage, whereby a reduction in overall user demand of up to 15 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety, and welfare. In addition to the following restrictions, the …

A Phase II Water Shortage refers to a severe shortage, whereby a reduction in overall user demand of up to 30 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety and welfare. In addition to the following restrictions, the Go…

A Phase III Water Shortage refers to an extreme shortage, whereby a reduction in overall user demand of up to 45 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety, and welfare. In addition to the following restrictions, th…

A Phase IV Water Shortage refers to a critical shortage, whereby a reduction in overall user demand of up to 60 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety, and welfare. In addition to the following restrictions, the…

(1) The purpose of Chapter 40A-3, F.A.C., is to implement the duties and responsibilities of the District under Part III, Chapter 373, F.S., and those responsibilities and duties delegated to the District by the Department of Environmental Protection relative to regulating the lo…

The following words and phrases, when used in these rules, shall have the following meanings, except where the context clearly indicates a different meaning: (1) "Abandonment" means the act, whether intentional or unintentional, of allowing a well to attain the condition of an ab…

(1) Chapter 62-531, F.A.C., effective 8-7-19, which requires the licensing of water well contractors, is hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11589, a copy can be obtained from District offices upon request. The licensing program …

Rulemaking Authority 373.044, 373.113, 373.171, 373.323, 373.337 FS. Law Implemented 373.323, 373.333, 373.336 FS. History-New 1-9-86, Amended 8-1-89, 12-1-90, 11-1-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(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 prop…

(1) A permit is not required prior to the construction, repair, or abandonment of any well exempted by Sections 373.303(7) and 373.326, F.S. (any well for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; wells for inserti…

(1) There shall be an application fee according to the following schedule, unless the well is a potable well within a delineated area as established by the Department, pursuant to Chapter 62-524, F.A.C.: OUTSIDE DIAMETER FEE* OF CASING Public Supply Wells, Construction and Repair…

(1) The District shall complete action upon any permit application within fourteen (14) days after receipt of a complete application, except in the case of water wells constructed for public water supply systems as defined in subsection 62-532.200(23), F.A.C., and wells construct…

All permits shall be valid for a period of ninety (90) days. If construction, repair or abandonment is not completed within that time, the District shall extend the permit for a period not to exceed ninety (90) days provided the conditions of the original permit application have …

(1) The District shall disapprove any water well or abandoned well if the District finds, after inspection, that the well does not comply with the provisions of this chapter. (2) The District shall disapprove any well if the well is determined not to be suitable for the intended …

(1) The District shall issue a notice of Intent to Deny whenever it determines that an application for a permit under Rule 40A-3.041, F.A.C., fails to meet the requirements of Chapter 373, F.S., or Chapter 40A-3, F.A.C., or any rule, order, or standard adopted pursuant thereto. (…

(1) Within thirty (30) days after the expiration of a permit, a well completion report shall be filed with the District on the forms provided by the District and in accordance with the instructions provided thereon. (2) If no work is performed or if the well is not completed, a r…

(1) Permission to begin construction, repair, or abandonment of any well may be applied for by telephone when conditions exist which would justify such a request. The District may grant such permits at its discretion. However, a serious set of unforeseen circumstances must exist …

(1) The District is authorized to inspect any water well or abandoned water well within its area of responsibility. The District may cause to be made such inspections as it deems necessary to insure conformity with applicable standards of this rule chapter. Duly authorized repres…

(1) Actions, omissions, or conduct which shall be considered as violations for the purposes of Part I, Permitting, shall include the following: (a) Failure to obtain a permit where required under Rule 40A-3.041, F.A.C. (b) Failure to provide accurate information in the applicatio…

(1) Wells must be so constructed, cased, grouted, plugged, capped, or sealed as to prevent uncontrolled surface flow, uncontrolled movement of water from one aquifer or zone to another, contamination of ground water or surface water resources, or other adverse impacts. (a) For pu…

(1) Wells shall be located so as not to pose a threat of contamination to the District's water resources and to provide for the protection of the health, safety, and welfare of the user. (2) Minimum spacing between wells and sanitary hazards such as septic tanks, drainfields, gro…

(1) For the construction of water wells, well contractors shall comply with the well casing, liner pipe, coupling, and well screen requirements in subsection 62-532.500(1), F.A.C., which is incorporated by reference in paragraph 40A-3.504(3)(g), F.A.C. (2) For well casing or line…

(1) In the construction of a well, reasonable caution shall be taken to maintain the premises in sanitary condition and to minimize the entrance of contaminants into the water resource. Water and materials used in construction shall be reasonably free of contamination. (2) For we…

Wells shall be grouted and sealed 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. All wells shall be const…

(1) Temporary Well Seals. Whenever there is a temporary interruption in work on the well during construction, repair, or abandonment, the well opening shall be sealed with a substantial watertight cover. Except for those areas of the District with the concurrence of the Departmen…

The use of explosives in well construction or development is prohibited unless it can be shown their use will not cause degradation of the water resource and will not endanger the health, safety, or welfare of the people. The use of explosives must be specifically approved by the…

If the well flows at land surface, a valve shall be provided and maintained for controlling the discharge from the well. For newly constructed wells, the responsibility for controlling the discharge from the well becomes the owner's upon the water well contractor's submission of …

(1) All abandoned wells shall be plugged. (2) It shall be the responsibility of: (a) The water well contractor to plug any well drilled under his license which is not completed or is not suitable for its intended use when work is completed. Wells which are not completed by the co…

(1) Acts or omissions which constitute violations of Part II of these rules governing well construction standards, shall include: (a) Failure to meet the location requirements of Rule 40A-3.504, F.A.C. (b) Failure to meet the casing specifications provided in Rule 40A-3.507, F.A.…

The following forms are used in the implementation of this chapter and are hereby incorporated by reference into this rule. (1) DEP Form 62-532.900(1), effective 10-7-10, http://www.flrules.org/Gateway/reference.asp?No=Ref-09094, and incorporated by reference in subsection 40A-3.…

The purpose of this part is to implement the delegation of Section 373.333, F.S., under provisions of subsection 62-101.040(10), F.A.C., by the Department of Environmental Protection to the Northwest Florida Water Management District. This delegation provides authority to the Dis…

(1) Violations for purposes of this Part IV shall mean the failure of any licensee or his agents or employees to comply with the provisions of Chapter 373, F.S., Chapter 40A-3, 62-531, 62-532 or 62-555, F.A.C. (2) A licensee will be notified of any violation according to the proc…

(1) Enforcement of these rules shall be as provided by Chapter 373, F.S., and Chapter 62-531, F.A.C., adopted herein by reference. (2) Penalties for violation of these rules shall be as provided by Chapter 373, F.S., and Chapter 62-531, F.A.C., adopted herein by reference. Rulema…

Rulemaking Authority 373.044, 373.113,373.418 FS. Law Implemented 373.413, 373.416, 373.418, 373.426, 373.428 FS. History-New 4-14-80, Formerly 16G-4.01, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.113, 373.414, 373.416, 373.418, 373.426, 403.813 FS. Law Implemented 373.418, 373.413 FS. History-New 4-14-80, Formerly 16G-4.02, Amended 7-1-98, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.113, 373.118, 373.406, 373.418, 380.06(9) FS. Law Implemented 373.413, 373.416, 373.426 FS. History-New 4-14-80, Amended 2-1-82, Formerly 16G-4.04, Amended 7-1-98, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F…

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.406, 373.413, 373.416, 373.426, 403.813 FS. History-New 4-14-80, Formerly 16G-4.05, Amended 7-1-98, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.046, 373.083, 373.4036, 373.4135, 373.4137 FS. History-New 6-22-94, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.406, 373.418 FS. Law Implemented 373.118, 373.406, 373.417, 373.418, 373.4141, 373.416, 373.426 FS. History-New 4-14-80, Amended 2-1-82, Formerly 16G-4.061, Amended 7-1-98, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph…

Rulemaking Authority 373.044, 373.113, 373.131, 373.406, 373.418 FS. Law Implemented 373.406, 373.413, 373.416, 373.426, 373.427 FS. History-New 4-14-80, Amended 2-1-82, Formerly 16G-4.10, Amended 7-1-98, 3-2-00, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 37…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.409, 373.413, 373.416, 373.436 FS. History-New 4-14-80, Amended 2-1-82, Formerly 16G-4.14, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.426 FS. History-New 4-14-80, Amended 2-1-82, Formerly 16G-4.15, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.109 FS. History-New 4-14-80, Formerly 16G-4.20, Amended 8-1-89, 1-1-90, 7-1-98, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.042, 373.0421, 373.413(1), 373.416, 373.418, 373.426 FS. History-New 4-14-80, Amended 2-1-82, Formerly 16G-4.30, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416(2), 373.418, 373.426 FS. History-New 4-14-80, Formerly 16G-4.32, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.429 FS. History-New 4-14-80, Amended 2-1-82, Formerly 16G-4.34 Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.