Title: Proposed Revisions of Rules and Regulations.
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 Material Information
Title: Proposed Revisions of Rules and Regulations.
Physical Description: 7p.
Language: English
Publication Date: Dec. 8, 1970
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050832
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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PROPOSED REVISIONS TO THE RULES AND REGULATIONS
Deceiiber 8, 1970


1.01 Purposes and Definitions

1.01(1) Purposes -- The purposes of these rules and regulations are to implement
the declared water policy of Southwest Florida Wlater Management District
(Regulatory) and the State of Florida by effecting the maximum beneficial
utilization, development and conservation of the water resources of the
District in the best interest of all its people and to prevent the deple-
tion, deterioration, waste, and unreasonable use of said resources. Pur-
suant to these purposes, rules and regulations are hereby established to
carry out the intents and purposes of Chapter 373, Florida Statutes.

1.01(2) Definitions -- The words and phrases defined in sections 373.021 and
373.081, Florida Statutes, shall have the same meanings when used in
these rules and regulations. The following words and phrases, when used
in these rules and regulations shall have the following meanings, except
where the context clearly indicates a different meaning.

(a) Water Well -- Any artificial hole in the ground, on submerged or
p! unsubmerged land, having a diameter of not less than two (2)
.,' i... inches, and intended to produce or accept water, or to search for
"., |. water for the above purposes. This definition includes but is not
; : 'I' limited to the following: water-table wells; artesian wells; such
.'.'r f t" special purpose wells as water-resources test and/or observation
.i. .- ,wells; water-disposal we-lls; recharge or repressuring wells; and
/ water-level control or drainage wells.

(b) Test or Foundation Hole -- Any artificial hole in the ground
i' ,drilled, bored, cored, washed, jetted or otherwise developed,
?- 'lj;, .the intended use of which includes obtaining data for engineer-
Sng and/or for geophysical or geological exploration; prospect-
ing for minerals, oil, gas, or products of mining or quarrying;
and providing structural foundations or other construction pur-
-'- poses, but not for the purposes of either producing or disposing
of water.

ri .c) Water-well Driller -- Any person who constructs, alters or
i repairs water wells.

(d) Apprentice Water-well Driller -- Any person not qualified for
registration as a water-well driller who helps construct, alter
or repair water wells under the direct supervision of a regis-
\, tered water-well driller while gaining the experience and learn-
ing the skills needed to qualify for registration.

(e) Water-well Contractor -- Any person, firm or corporation engaged
in the business of constructing, altering or repairing water
wells.

(f) Test or Foundation Hole Driller -- Any person who constructs,
alters or repairs test or foundation holes.

(g) Apprentice Test or Foundation Hole Driller -- Any person, who
is not qualified for registration as a test or foundation hole
driller, who helps construct, alter or repair test or founda-
tion holes under the direct supervision of a registered test-
hole or foundation driller, while gaining the experience and
learning the skills needed to qualify for registration.

(h) Test or Foundation Hole Contractor -- Any person, firm or
corporation engaged in the business of constructing, altering
or repairing test or foundation holes.

(i) Water-well Construction -- The making or producing of any water
well, including the construction, alteration, or repair thereof.

(j) Test or Foundation Hole Construction -- The making or producing
of test or foundation holes, including the construction, altera-
tion or repair thereof.








(k) Gang Well -- A systerA where two or more wells are coupled to-
gether with a cor,.mon header or manifold.

(1) Aquifer -- An aquifer is a hydrologic unit which consists of a
geologic formation, a related group of formations, or only part
of a formation, which is saturated with water and capable of
transmitting usable quantities of water to wells or springs.

(m) District (Regulatory) established by Southwest Florida Water
Management District Resolution No. 268 pursuant to Chapter 373,
Florida Statutes, and the area of said district, being coexten-
sive with the area of the Southwest Florida Water Management
District as prescribed by Chapter 61-691, Laws of Florida, as
amended by Chapter 63-659 and 63-849, Laws of Florida. --e,i
af+keen -

(n)gi^ Board -- The governing board of the Regulatory District
and its duly designated executive officers, employees and agents.
Her ei n^^f-t-er-rmFG d -^bg.a.d--

(o) Registered Professional Engineer -- Any person who is qualified,
by reason of his knowledge of mathematics, the physical sciences
and the principles of engineering, acquired either by professional
education and practical experience, and who is certified (regis-
tered) by the Florida State Board of Engineer Examiners, as pre-
scribed in Chapter 471, Florida Statutes, entitled "Professional
Engineers".

(p) Certified Professional Geologist -- Any person who is qualified
by reason of his knowledge of mathematics, physics, chemistry,
geology or geological.engineering, acquired by professional
education and practical experience, and who is certified (regis-
tered) by the American Institute of Professional Geologists.

1.02 Registration of Drillers and Contractors

1.02(1) Registration Requirements -- Any person, firm or corporation who con-
structs a water well or test or foundation hole within the District
boundaries shall be registered with the Board.

1.02(2) Registration Certificates -- The Board may issue registration certifi-
cates in the form of an identification card. The card will certify on
its face the operations for which the driller is qualified and regis-
tered, a 4i44, 1, 2)-- r tj, o .. Apprentice
drillers may 3e-;'e in e, i,,e, cfgory, ....efed--.-T-<--a)-r-
v,0(2-)>-,--or-both-l--t may be issued identification cards.

1.02(3) Qualifications of Individual Applicants for Registration Certificates
(Non-contractors)

(a) To qualify for a registration certificate a person must:

(1) Be at least 16 years of age, and be of good moral and
ethical .character;

(2) Have a thorough knowledge of the rules and regulations
of the District.

(3) Have had sufficient experience in water-well construc-
tion or test or foundation hole construction, or both,
to demonstrate satisfactorily his practical knowledge
and his capability to operate equipment used in actual
construction operations; and

(4) Pass a written test furnished by the Board.

(b) To qualify as an apprentice driller a person must:

(1) Be at least 14 years of age and hold current authorization
to work under existing Florida Statutes, and be of good
moral and ethical character;


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(2) Have a th rough knowledge of the rules and regulations /
of the District.

(3) Have the written recommendation of a registeredd/driller
i s or registered contractor under whom he will serve as an
apprentice. If he changes employers, a new recommenda-
tion must be submitted.

(c) Any registered professional engineer and/o certified profes- "
sional geologist may be issued a registration certificate upon
:^' presentation of a true copy of his current certificate of
professional registration.

1.02(4) Applications for registration certificates shall be submitted on forms
provided by the Board.

1.02(5) Any person, firm, corporation or other business association having one
or more registered water-well drillers associated therewith must
register as a water-well contractor; likewise, any of the above busi-
ness organizations having one or more test or foundation hole drillers
must register as a test or foundation hole contractor; and must:

(a) Submit the necessary information on forms as furnished by the
Board.

(b) Furnish a bond in the amount of five thousand dollars ($5,000),
made payable to the District and its successors, with a reputable
bonding corporation authorized to do business in this state as
surety. The bond is to "be conditioned upon compliance with the
provisions of the laws of this state, the rules and regulations
prescribed herein, and the orders adopted or issued pursuant
thereto for the protection of the water resources of the District.
Such bond shall be maintained as a condition of the continued
validity of the registration.

(c) The Board may in unusual circumstances, such as when the $5,000
bond may not be adequate to properly protect the water resources
of the District, prescribe any other restrictions and may re-
.... quire additional qualifications and bond as it deems proper.

1.02(6) Surety bonds will not be required for individuals. The contract will
S ... be responsible for any and all persons in his employ, an c -s ond will
be acceptable as covering his employees. No individual may operate
13 !/unless so covered. / /

1.02(7) Addresses of Registrants -- Each registrant shall keep the Board advised
of the current address of his residence and of his business at all times.

1.02(8) Identification Card -- Each registered driller and registered apprentice
driller shall keep his identification card on his person while drilling
and shall display same upon request.

1.02(9) Individual Identification Number -- Each registered driller and regis-
tered apprentice driller shall be assigned a permanent, nontransferable
identification number. / /

1.02(10) Contractor Identification Number -- Each contractor Shall be assigned
a permanent, nontransferable identification number to be used in con-
nection with all drilling operations.

1.02(11) Contractor Records -- Each contractor shall keep accurate hydrogeologic
records and shall make such records available for inspection by Dis-
3 trict personnel at any reasonable time. These records shall list all
Swater-well construction and test or foundation hole construction oper-
S, nations and such other hydrogeologic data as the Board may require,
j \ ? together with the name and individual identification number of the
^ registered driller supervising the work.

1.02(12) Marking Vehicles and Equipment -- The identification number of the
contractor shall be prominently displayed on each side of every
vehicle and rig used in connection with all construction operations



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and shall remain so displayed at all tires. All numbers and figures
shall be not less than two (2) inches high. A decalcomania to be
issued by the Coard indicating current, valid certifications shall be
displayed adjacent to each identification number and shall not be
transferable.

1.02(13) Supervision of Operations -- All operations shall be performed under
the direct and personal supervision and in the presence of a regis-
S^/ L tered driller, although the drilling contractor may, at his discretion
and with complete cognizance of his responsibility, delegate increasing
\ responsibility to a registered apprentice driller. i

1.02(14) Grounds for Refusal, Suspension or Revociation of Registration he
Board may refuse to issue or renew, or may suspend or revoke, afregis-
tration on any one or more of the following grounds:

(a) Material misstatement in the application for registration.

(b) Failure to have or retain the qualifications required herein.

(c) Willful disregard or violation of any rule or regulation or
order issued by the Board.

(d) Willfully aiding or abetting another in the violation of this
article or any rule or regulation issued by the Board.

(e) Gross incompetency in the performance of work such as: the
failure to case off and seal out from water-well supplies
*"L' sediments, contaminants-and pollutants; failure to plug or
i seal a test or foundation hole so as to prevent contaminants
from reaching the aquifer(s); the abandonment of hazardous
wells and holes; or the creation of conditions that allow the
waste of water.

(f) Allowing the use of his identification card by any other person.

(g) Failure to apply for registration prior to beginning operations
within the District.

(h) Misrepresentation, falsification, or failure to submit records
or reports required by the Board.

1.02(15) Institution of Proceedings to Suspend or Revoke Registration -- Proceed-
ings may be instituted by any member or employee of the Board or by any
other party by filing a sworn written complaint with the Board on forms
provided by the Board.

1.02(16) Suspension and Revocation -- The Board may, upon investigation, suspend
a registration and, after notice and hearing, may extend such suspen-
sion or revoke the registration. The provisions of Part II, Chapter 120,
Florida Statutes, shall apply.

1.03 Construction of Water Wells and Test or Foundation Holes

1.03(1) Policy -- It shall, be the policy of the Board to ascertain that all
water wells within the District are located, constructed, maintained,
used and closed, and all test or foundation holes are constructed,
used and closed so as to protect the water resources within said Dis-
trict in accordance with the purposes of these rules and regulations
as set forth in subsection 1.01(1) hereof.

1.03(2) Construction Methods -- Water wells may be constructed by drilling,
coring, boring, washing, jetting, driving or digging but must be so
constructed, cased, cemented, plugged, capped or sealed as to prevent
permanently the escape of water to waste either at or above the land
surface, or to escape from a subsurface zone of higher hydrostatic
head into a zone of lower hydrostatic head, or to become contaminated
by poor quality water or other substance from either surface or under-
ground sources.

1.03(3) Permit Required -- A permit shall be obtained from the Board before


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any water well or test or foundation hole shall be constructed, re-
paired, modified or otherwise altered. Such permit shall be prominently
displayed at the site of the well prior to beginning any work thereon
and shall remain so displayed until construction is completed.

1.03(4) Gang Well Permits -- Notwithstanding definition of a water well, as set
forth in subparagraph 1.01(2)(a) herein, no gang well shall be con-
structed without a permit, regardless of the size or depth of the indi-
vidual wells comprising such gang well, for the purpose of procuring or
obtaining water other than for temporary dewatering.

1.03(5) Application for Permit .

(a) To Construct a Water Well --/A written application shall be made
on forms furnished by the-oard, an i-shall be signed by the
registered water-well contractor responsible for the work. Such
application shall include the name and address of the property
owner, or his agent, on whose property the well is to be drilled;
the name, registration number and address of the contractor; the
approximate location of the well, the expected dep h, pnd the
specifications for well construction including size .f casing
to be used, method of completion and method of plugging abandoned
well if necessary.

(b) To Construct Test or Foundation Holes -- A written application
shall be made on forms furnished by the Board, and shall be
signed by the registered test or foundation hole contractor who
will be responsible for the work. Such application shall include
the name and address of the property owner, if applicable, or his
agent, on whose property the drilling is to be performed; the
name, registration number and address of the contractor; the
approximate location of the holes and number to be drilled, and :
specifications as to their construction including diameter of a'/ "
holes, expected depth, whether or not casing will be used and
how these holes will be plugged when abandoned.. Where multiple
holes are to be drilleLa-tone-e-_site,.a block permit may be issued.
/ Any contractor may, ifhe chooses-,ih lieu of submitting applica-
7/ > tions for permit, furnish an additional surety bond in the amount
of twenty-five thousand dollars ($25,000) to ensure the Board
.against any infractions of District rules or regulations or orders.
All registered test or foundation hole contractors operating within
the boundaries of the Southwest Florida Water Management District
who choose to furnish the additional $25,000 bond shall furnish a
monthly list which includes the drilling contracts on which test or
S- foundation hole drilling was carried out during the month. This
/ list shall include the location of the holes, the number of holes,
their depth and their diameter. A special completion report and
log on any hole which may have inadvertently become a water well
will be required as set forth 17ET.~3TTTrJ The monthly report
shall be completed and furnished to the Board by the tenth day of
the following month.. ,

1.03(6) Specifications The specificationsfor construction as set forth in
the written application, if approved, shall be contained in the permit
issued by theiBoard and construction shall be performed in accordance
with such specifications. Any deviation therefrom shall only be made
after written permission is received from the/Board.

1.03(7) Duration of Permits -- Each permit shall be consecutively numbered,
shall be dated and shall be valid for a period of six (6) months,
unless the time limit is extended by the Board and a supplemental
permit issued. ,

1.03(8) Construction Logs and Reports --

(a) Water-well drillers shall keep a log on a form provided by the
SI Board of all construction activities performed under each per-
S.- Imit and shall file with the Board such log together with a
i'y report within thirty (30) days of the completion or cessation
\ of the work authorized by the permit. If no work is performed,



5 -







a report shall be filed within thirty (30) days of the expira-
tion of the permit stating that no well construction operations
were performed under the permit. ,

(b) The Board may also require that samples be taken and furnished
to it within thirty (30) days after being taken. Containers and
instructions shall be provided by the, Board.

1.03(9) Water Test Wells -- More than one (1) water well whose purpose is ob-
taining exploratory or observational data may be constructed using a
single permit, subject to the following conditions:

(a) All such well construction shall be performed on a single
contiguous--tract of land under the same ownership.

(b) Compliance with all rules and regulations for water well
construction.

(c) No such water test well may be converted to a production
or observation well without first obtaining a permit from
the"Board.

1.03(10) Notice of Rejection, Suspension or Revocation of Permit --

(a) The Board shall issue a Notice of Rejection whenever it deter-
mines that an application for a permit for construction fails
to meet the requirements prescribed by Chapter 373, Florida
Statutes, or by these rules and regulations, or that such pro-
posed construction would, be contrary to the policy of this
state or of the Board as set forth in such laws or in such
rules and regulations.

(b) Such Notice of Rejection shall:

(1) State the grounds for rejection, and may state any
remedial action, if any, which may be taken to make
such application acceptable for approval; and

(2) Be served in writing upon the persons signing -the
application by registered or certified mail.

(c) Any applicant receiving a Notice of Rejection may obtain a
hearing before the/Board by filing within thirty (30) days of
the mailing of such Notice of Rejection a written petition
requesting such hearing. The provisions of Part II, Chapter
120, Florida Statutes, shall apply.

(d) The/Board may, upon investigation, suspend a permit, and
after notice and hearing, may extend such suspension or may
revoke the permit. The provisions of Part II, Chapter 120,
Florida Statutes, shall apply. Such suspension or revocation
may be made on any one or more of the following grounds:

(1) Material misstatement or misrepresentation in the
application for a permit.

(2) Failure to comply with the provisions set forth in
the permit.

(3) Willful disregard or violation of any rule or regula-
tion promulgated herein by the/Boarid.

(4) Material change of circumstances or conditions existing
at the time such permit was issued.

1.03(11) Emnergency Permits -- Emergency Permits may be issued by the Board
when conditions exist whiich justify such issuance. Emergency Permits
may be applied for orally by telephone and the Board may issue an
Emergency Permit orally by telephone, however, a serious set of un-
foreseen or unforeseeable circumstances must exist to create the



6 -







emergency, not mere carelessness or lack ofplanning on the part of
the driller or requester Vf the drillir, Misrepresentation of condi-
tions leading T --n Frrenn Pern-it Canrvoid the permit and lead to
the loss of registration. The applicant for an Emergency Permit shall
further reduce his application to writing in accordance with subsection
1.03(5) within 24 hours after making oral application. Subsection
1.03(8) shall apply to construction performed under an Emergency Permit.

1.03(12) Permits for Exemption -- No provision of these rules and regulations
shall apply to individual users of water for domestic supply or
ordinary livestock consumption; provided, however, the owner of any
water well, or proposed water well exempt herein shall obtain a
Permit of Exemption prior to drilling.

1.03(13) Special Completion Report Required for Inadvertent Water Well -- The
registered test or foundation hole contractor in charge shall provide
boring logs for all test or foundation holes that penetrate into any
Sv of the aquifers in the District where either drilling fluid is lost
or artesian conditions are encountered. All such holes shall be com-
pletely plugged from bottom to top with sand-cement grout or an
equivalent approved by the District. Such report shall be in writing,
completed and mailed to the Board within ten days of the occurrence,
and contain a complete description of the occurrence, including exact
location and describing geologic and hydrologic conditions and the
method of plugging, and shall bear the signature of the registered
test or foundation hole contractor in charge of the operation, certi-
fying that all actions required by these rules and regulations were
accomplished.

1.04 Inventory

1.04(1) Purpose -- The Board has determined the necessity for taking and
maintaining an accurate inventory of water resources and uses within
the District so that it takes all necessary and proper steps to effect !
the maximum beneficial utilization, development and conservation of I
the water resources within said District in the best interest of the
public and to prevent waste, contamination and unreasonable use of said
resources.

1.04(2) Area to be Inventoried -- An inventory will be made and maintained of
all water wells and test and foundation holes, constructed pursuant to
permits issued by authority of these rules and regulations. In addi-
tion, the Board may take inventory of all other water wells located
within areas the Chief Hydrologist of the Board determines to be seri-
ously endangered from overdevelopment, salt-water intrusion, pollution
or other contamination.

(a) In all such areas the Board, its employees and agents, shall
have the right to inspect all water wells and test and founda-
tion holes, going upon the premises where located at any rea-
sonable time for such purpose.

(b) No person shall interfere with or prevent such inspection.
1.05 Civil Action for Damages

1.05(1) The Board may, when it determines that it is in the public interest,
bring civil action for damages against any water-well driller, water
well contractor, test or foundation hole driller or test or founda-
tion hole contractor, or owner or possessor of a water well or test
or foundation hole, when water is wasted or contaminated by improper
construction or use in violation of Chapter 373, Florida Statutes, or
of these rules and regulations or of any orders adopted or issued
pursuant thereto.

1.06 Penal Provisions

1.06(1) Any person who violates any rules or regulations prescribed herein
or any orders adopted or issued pursuant thereto shall be punished as
provided in section 373.241, Florida Statutes.



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