Florida Administrative Code

(1) The Board will declare Water Shortages and issue water use restrictions and other measures as set forth in this chapter for all or part of the District. The geographic area covered by a Water Shortage declaration will include all or part of the ground or surface water basin(s…

(1) This rule establishes four phases of Water Shortage severity with associated water restrictions and other measures. (2) The following Water Shortage phases are established: (a) Moderate Water Shortage (b) Severe Water Shortage (c) Extreme Water Shortage (d) Critical Water Sho…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 1-1-84, Repealed 8-23-18.

(1) When a Water Shortage is initially declared, the District will publish an advertisement of the declaration in newspapers of general circulation in the areas affected. In addition, the District will inform the public of the restrictions in effect and the sources of supply whic…

(1) This rule sets forth the steps the District will take to evaluate water conditions within the District in order to determine whether a Water Shortage Emergency exists. (2) The District will monitor the condition of the water resources of the District and the needs of the user…

When the District's evaluation of the water resources indicates the existence of a Water Shortage Emergency, the Executive Director may issue orders imposing water use restrictions and other required or authorized actions deemed necessary to meet the emergency. Such restrictions …

(1) When a Water Shortage Emergency has been declared pursuant to rule 40C-21.331, F.A.C., the Executive Director will issue orders pursuant to the emergency provisions of section 373.119, F.S. Prior notice is not required for issuance of Water Shortage Emergency orders. (a) Such…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.026, 373.103, 373.175, 373.246 FS. History-New 1-1-84, Repealed 8-23-18.

(1) The District will seek the cooperation and assistance of state, county and municipal government officials, including law enforcement agencies, in accordance with section 373.609, F.S., to facilitate the enforcement of any order issued pursuant to this chapter. Counties and mu…

This rule establishes the basis for distinguishing among different uses of the water resource according to Source Classes and Use Classes. Under this system, each water use may be classified according to the source or use types listed herein. Rulemaking Authority 373.044, 373.113…

Each use may be classified according to one or more of the following sources of water: (1) Rivers, creeks, or other water courses; (2) Lakes, ponds, or other impoundments; (3) Aquifers. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 1-1…

Each water use will be assigned to one or more of the following Use Classes as defined in part I of this chapter: (1) Essential Uses. (2) Indoor Uses. (3) Public Supply Uses. (4) Commercial/Industrial/Institutional Uses. (5) Agricultural Uses. (6) Landscape/Recreation/Aesthetic U…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 1-1-84, Repealed 8-23-18. PART VI SPECIFIC RESTRICTIONS

(1) This Part sets forth specific water use restrictions and other measures available to the District for implementation upon declaration of a Water Shortage or a Water Shortage Emergency. Upon declaration of a Water Shortage or Water Shortage Emergency, use of water in a manner …

A Phase I Moderate Water Shortage is a Water Shortage where at least two Drought Indicators have a moderate value. The following measures shall be in effect when the District declares a Phase I Water Shortage, unless otherwise provided in the implementing order. (1) Essential Use…

A Phase II Severe Water Shortage is a Water Shortage where all Drought Indicators are moderate, or one Drought Indicator has a severe value. In addition to the measures in Water Shortage Phase I, the following restrictions shall apply when a Phase II Water Sshortage is declared b…

A Phase III Extreme Water Shortage is a Water Shortage where two or more Drought Indicators have severe values, or one Drought Indicator has an extreme value. In addition to the measures in Water Shortage Phases I and II, whichever are more stringent, the following restrictions w…

A Phase IV Critical Water Shortage is a Water Shortage where two or more Drought Indicators have extreme values, or at lease one Drought Indicator has a critical value. In addition to the measures in Water Shortage Phases I, II, and III, whichever are more stringent, the followin…

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS. History-New 4-25-96, Amended 10-2-96, 12-27-10, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.118, 373.219, 373.229 FS. History-New 4-25-96, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.118, 373.219, 373.229 FS. History-New 4-25-96, Repealed 8-14-14.

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 120.52(16), 373.116, 373.118 FS. History-New 4-25-96, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.026(10), 373.219, 373.223, 373.250 FS. History-New 5-20-92, Amended 9-10-96, Repealed 4-6-22.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.185 FS. History-New 11-30-92, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.185 FS. History-New 11-30-92, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.185 FS. History-New 11-30-92, Amended 11-11-03, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.185 FS. History-New 11-30-92, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) The purpose of Chapter 40C-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 St. Johns River Water Management District by the Department of Environmental Protect…

When used in this chapter: (1) "Casing Diameter" or "diameter of casing" means the largest nominal permanent water bearing casing. For the purposes of this section, the diameter of the casing at the upper terminus will be presumed to be the diameter for the entire length, unless …

The authority for general administration of Chapter 40C-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 is authorized to designate specific staff members to carry out various ta…

The Governing Board hereby incorporates by reference the following documents: (1) "Memorandum of Understanding Between the St. Johns River Water Management District and the Department of Environmental Regulation Concerning Procedures for Handling Public Drinking Water Supply Well…

The following Department rules, publications, standards and forms regarding construction, repair, 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 herein. Copies may…

(1) The water well contractor licensing program shall be administered and enforced by the District under the authority delegated to it by the Department of Environmental Protection. (2) Each well contractor meeting the licensing requirements set forth in Rule 62-531, F.A.C., whic…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.323, 373.326, 373.333, 373.336 FS. History-New 10-14-84, Formerly 40C-3.038, 40C-3.0038, Amended 8-1-89, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.129, 373.308, 373.309, 373.336 FS. History-New 10-14-84, Formerly 40C-3.039, 40C-3.0039, Amended 8-1-89, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.303, 373.308, 373.309, 373.316, 373.326, 373.342 FS. History-New 10-14-84, Formerly 40C-3.040, 40C-3.0040, Amended 9-17-89, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Unless expressly exempted by statute or this chapter, a well construction permit must be obtained from the District prior to the construction, repair or abandonment of any well within the District's jurisdiction. (2) A well construction permit must be obtained from the Distri…

The following wells are exempt from the requirements of Rule 40C-3.041, F.A.C. (1) Existing wells exempted by Section 373.316, F.S. (2) The wells exempted under Section 373.303(7), F.S. This exemption does not relieve the applicant from obtaining any permits which may be required…

(1) Permits will only be issued upon application by the owner on whose property the well will be located, a person with sufficient legal control over the land, or the owner's or legal controller's authorized agent. For purposes of this rule, "sufficient legal control" means a lea…

Rulemaking Authority 373.044, 373.109, 373.113, 373.171 FS. Law Implemented 373.109, 373.308, 373.309, 373.313 FS. History-New 10-14-84, Amended 12-5-85, Formerly 40C-3.201, 40C-3.0201, Amended 10-1-87, 8-1-89, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) In order to obtain a permit under this chapter an applicant must submit a complete permit application as specified in Rule 40C-3.101, F.A.C. (2) The non-refundable permit application fee established in Rule 40C-1.603, F.A.C., or the fee schedule established by the agency to w…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.113, 373.171 FS. History-New 10-14-84, Formerly 40C-3.321, 40C-3.0321, Amended 9-17-89, 1-8-96, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) A State of Florida Well Completion Report, DEP Form 62-532.900(2), (October 7, 2010), which is incorporated by reference in paragraph 40C-3.036(9)(b), F.A.C., is required for the construction, repair or abandonment of all wells regardless of whether a permit is required under…

(1) The District is authorized to inspect any well or abandoned well within its jurisdiction, including those wells permitted under Rule 40C-3.041, F.A.C. Inspections shall be done as necessary to ensure conformity with applicable standards. Such inspection may include but need n…

(1) Actions, omissions, or conduct which may be considered a violation of this part shall include but are not limited to the following: (a) Failure to submit a complete well completion report within 30 days of the completion of construction, repair or abandonment of any well. (b)…

This Part sets forth the standards and criteria for the construction, repair and abandonment of wells, including all provisions contained in Chapter 62-532, F.A.C., which is incorporated by reference in subsection 40C-3.036(2), F.A.C. When Polvinyl Chloride (PVC) pipe is used for…

(1) Wells must be located, constructed, cased, grouted, plugged, capped, or sealed to prevent uncontrolled surface flow, uncontrolled movement of water from one aquifer or water bearing zone to another, contamination of groundwater or surface water resources, or other adverse imp…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.306, 373.308, 373.309, 373.113 FS. History-New 10-14-84, Amended 12-5-85, Formerly 40C-3.507, 40C-3.0507, Amended 9-17-89, Repealed 11-3-15.

(1) In the construction of a well, reasonable caution shall be taken to maintain the work site so as to minimize the entrance of contaminants into the water resource. Materials used in construction shall be reasonably free of contamination. The requirements for construction of pu…

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 pressure in artesian aquifers. All wells shall be constructed an…