Florida Administrative Code

A Phase III Water Shortage refers to an extreme water shortage. The Governing Board shall choose a combination of these and any other appropriate and necessary restrictions to achieve the required reduction in overall demand. (1) Indoor uses shall reduce use by employing water co…

(1) If the District determines that, within any area of the District, the provisions of a Water Shortage are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, the Executive Director, with the concurrence of the Governin…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103(1), 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.323(2), 373.326, 373.329, 373.333, 373.342 FS. History-New 1-31-83, Amended 7-1-85, 8-15-89, 6-22-99, Repealed by Section 3, Chapter 2012-31, L…

When used in this chapter: (1) "Abandon" or "Well abandonment" means to plug a well as set forth in Rule 40B-3.531, F.A.C. (2) "Abandoned artesian well" means any well as defined in Section 373.203(1), F.S. (3) "Abandoned water well" or "abandoned well" means any well as defined …

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103(1), 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.319, 373.323(2), 373.326, 373.329, 373.333, 373.342 FS. History-New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85, Repealed by Section 3, Chapter 2…

The authority for general administration of Chapter 40B-3, F.A.C., is delegated to the Executive Director of the District. It is the policy of the Board that in making this delegation the Executive Director may designate specific staff members to carry out various tasks, but that…

The following Department rules, publications, standards and forms regarding construction, repair, modification and abandonment of wells and water well contractor licensing, shall apply to the water well program administered by the District, and are incorporated by reference herei…

Minimum standards for licensing water well contractors shall be in accordance with Chapter 62-531, F.A.C., (August 7, 2019), which is incorporated by reference in subsection 40B-3.035(2), F.A.C., and the Water Well Construction Disciplinary Guidelines and Citations Dictionary (Ju…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.323, 373.326, 373.333, 373.336 FS. History-New 7-1-85, Amended 8-15-89, 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.129, 373.308, 373.309, 373.336 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.119, 373.129, 373.136, 373.171, 373.309, 373.333 FS. Law Implemented 373.119, 373.129, 373.306, 373.313, 373.333, 373.336 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.309, 373.316, 373.326, 373.342 FS. History-New 7-1-85, Amended 6-22-99, Repealed 3-18-26.

(1) Unless expressly exempted in Rule 40B-3.051, F.A.C., a permit must be obtained from the District prior to the construction, repair, modification, or abandonment of any well within the District. (2) A permittee shall obtain a separate permit to abandon any failed attempt to co…

The following activities are exempt from the requirements of this Chapter: (1) A well constructed, repaired, or abandoned solely for the purpose of a test hole, as defined in subsection 40B-3.021(21), F.A.C. (2) Wells constructed, repaired, or abandoned for the purpose of tempora…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.309, 373.313, 373.316, 373.326 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Permits will only be issued to a licensed water well contractor upon application by the owner on whose property the well will be located, or the owner's agent. Permits issued pursuant to Section 373.326(2), F.S., shall be issued to the property owner or the owner's agent. (2)…

(1) Failure of an applicant to pay the fees established herein is grounds for the denial of the permit application. (2) Any portion of the fees enumerated in this rule in excess of $100 shall be waived for well permits issued on behalf of a municipality or county government quali…

(1) In order to obtain a water well construction, repair, modification, or abandonment permit, an applicant must provide reasonable assurance that the following conditions have been met: (a) The applicant has submitted a complete permit application form as set forth in Rule 40B-3…

(1) Each permit shall be consecutively numbered, dated, and valid for a period of ninety (90) days, unless the time limit is extended by the District pursuant to subsection (3) or (4), below. (2) Construction, repair, modification, or abandonment of a well shall not commence or c…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.306, 373.308, 373.309, 373.313, 373.342 FS. History-New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85, 6-22-99, Repealed 3-18-26.

(1) Well completion reports are required for all permits issued pursuant to this chapter. Well completion reports shall be submitted to the District within 30 days of the completion of the permitted activity on a State of Florida Well Completion Report, DEP Form 62-532.900(2), (O…

(1) Emergency permits may be applied for as set forth in Rule 62-532.420, F.A.C. The permittee shall submit an application as set forth in Rule 40B-3.101, F.A.C., within 10 days of receiving verbal authorization. (2) Mere carelessness or lack of planning on the part of the applic…

(1) In addition to the provisions of Rule 62-532.510, F.A.C., the District is authorized to inspect any well within its jurisdiction to ensure conformity with this Chapter, pursuant to Section 373.319, F.S. (2) The District is authorized to inspect the proposed location of a publ…

(1) In addition to those violations set forth in Rule 62-531.450, F.A.C., actions, omissions, or conduct which are also considered as violations of this Chapter include the following: (a) Failure to file an accurate permit application; (b) Failure to comply with any or all permit…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309, 373.313 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History-New 7-1-85, Amended 6-22-99, Repealed 3-18-26.

Wells shall be located so as not to pose a threat of contamination to the groundwater resource. Minimum spacing between wells and sanitary hazards shall be as set forth in Table 1 of Chapter 62-532, F.A.C., (February 16, 2012), which is incorporated by reference in subsection 40B…

Rulemaking Authority 373.044, 373.309, 373.171 FS. Law Implemented 373.306, 373.308, 373.309, 373.113 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Wells shall be constructed, repaired, or modified as set forth in this Chapter and Chapter 62-532, F.A.C., which is incorporated by reference in subsection 40B-3.035(3), F.A.C. (2) Potable wells located in delineated areas shall be constructed, repaired, or modified as set fo…

Wells shall be grouted and sealed to protect the groundwater 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…

(1) Temporary Well Seals. Whenever there is a temporary interruption in work on the well or when pumping equipment is removed from the well, the upper well terminus shall be sealed as set forth in subsection 62-532.500(4), F.A.C. (2) Permanent Well Seals. The upper well terminus …

Rulemaking Authority 373.044, 373.309, 373.171 FS. Law Implemented 373.306, 373.308, 373.309, 373.113 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.309, 373.171 FS. Law Implemented 373.206, 373.306, 373.308, 373.309, 373.113 FS. History-New 7-1-85, Repealed 1-19-16.

(1) All abandoned water wells, abandoned artesian wells, and wells that no longer serve an intended purpose shall be plugged using all or a combination of the following materials and methods, unless an alternative abandonment plan is approved in advance by the District in accorda…

Rulemaking Authority 373 FS. Law Implemented 120.53, 120.54(14) FS. History-New 6-22-99, Repealed 4-17-23.

(1) The legislature declared its policy in Section 373.016, F.S., that water is among the basic resources in the state and that waters have not been conserved or fully controlled so as to realize their full beneficial use. The legislature further declared the following as policy:…

(1) "75-Foot Setback" means the front 75 feet of an area immediately adjacent to and including the recognized top of bank of the river. (2) "100-Year Flood/One Percent Annual Chance of Flood" means that flood which has a one-percent probability of recurrence in any one year. The …

The implementation dates of this chapter are as follows: (1) April 1, 1986 for paragraph 40B-4.1040(1)(a) and Rule 40B-4.3040, F.A.C., which require persons to obtain a work of the district permit if the proposed development is in one of the following areas adopted as a work of t…

(1) Permits are required as follows: (a) Works of the District permit prior to initiating any project which involves draining, developing, construction of roads or bridges, commercial or industrial developments, and agricultural or forestry activities, including dredging of filli…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109 FS. History-New 9-25-85, Amended 6-16-88, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

The district recognizes that regulatory and permitting programs exist or may be developed in the future by local units of government, state, or federal agencies which may overlap with some or all of the requirements of this chapter. In order to avoid duplication, an applicant may…

(1) The following activities are exempt from the requirements for obtaining Works of the District permits specified in paragraph 40B-4.1040(1)(a), F.A.C.: (a) A work or development within a Works of the District that was completed or partially completed prior to January 29, 2001,…

The Governing Board incorporates herein by reference all the documents found in this section. All documents except for Chapter 62-330, F.A.C., can be obtained from the District website at http://www.mysuwanneeriver.com/Permitting or by writing to the Suwannee River Water Manageme…

(1) The standard duration of permits issued pursuant to this chapter shall be as follows. (a) Five years duration for noticed general, general, and individual permits authorizing the construction or alteration of a work or development in a Works of the District. When a permit is …

(1) An application for modification of permits shall be processed in accordance with this rule, unless the permit is otherwise revoked, suspended, or has expired. (2) The District has the authority to modify a permit issued pursuant to this chapter at any time if it determines th…

(1) The district shall revoke a permit if it determines that a work or development in a work of the district is in violation of any district rule, order or condition of the permit and has become a danger to the public health or safety. (2) Revocation of permits shall be conducted…

(1) Noticed General, General, and Conceptual works of the district permits shall automatically transfer to the operation and maintenance entity upon completion of the permitted work or development or to the new owner upon his taking title to the lands involved in such a permit. N…

(1) The District shall impose on permits granted under this chapter such reasonable conditions as are necessary to assure that the permitted project, activities, operations, or development in a Work of the District will be consistent with the overall objectives of the District, w…

(1) Permission to begin the construction of the work or development in a work of the district prior to the issuance of a permit may be requested in writing when emergency conditions exist which justify the request. However, no such permission shall be granted unless the requested…

(1) Inspections will be in accordance with Section 373.423, F.S., and Section 6.4 of the Applicants' Handbook Volume II. (2) Enforcement will be in accordance with Chapter 373, F.S., and Section 6.6 of the Applicants' Handbook Volume II. Rulemaking Authority 373.044, 373.113, 373…