Supp. #70 WATER RESOURCES CHAPTER 357R-1
THE SOUTHWEST FLORIDA WATER
RULES AND REGULATIONS FOR THE
CONSERVATION AND USE OF WATER
RESOURCES, WITH PARTICULAR
REFERENCE TO GROUND WATER
RESOURCES, IN SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT
357R-1.01 Purposes and Definitions 357R-1.04 Inventory
357R-1.02 Registration of Well Drillers 357R-1.05 Civil Action for Damages
357R-1.03 Construction of Wells 357R-1.06 Penal Provisions
357R-1.01 Purposes and Definitions.- Management District Resolution No. 268 pur-
(1) Purposes-The purposes of these rules suant to Chapter 373, Florida Statutes, and the
and regulations are to implement the declared area of said district, being coextensive with
water policy of Southwest Florida Water Man- the area of the Southwest Florida Water Man-
agement District (Regulatory) and the State agement District as prescribed by Chapter
of Florida by effecting the maximum beneficial 61-691, Laws of Florida, as amended by Chap-
utilization, development and conservation of ter 63-659 and 63-349, Laws of Florida.
the water resources of the Regulatory District (f) Regulatory Board-The governing board
in the best interest of all its people and to of the Regulatory District and its duly desig-
prevent the depletion, deterioration, waste, and nated executive officers, employees and agents.
unreasonable use of said- resources. Pursuant General Authority 373 FS; Law Implemented 373.072, 373.081,
to these purposes, rules and regulations are 373.101,373.141, 373.142 373.144, 373.151, 373.171 FS
hereby established to carry out the intents
and purposes of Chapter 373, Florida Statutes. 357R-1.02 Registration of Well Drillers.-
(2) Definitions-The words and phrases de- (1) Registration Requirements-Every per-
fined in sections 373.021 and 373.081, Florida son who constructs any well in the Regulatory
Statutes, shall have the same meanings when District shall be registered as a well driller
used in these rules and regulations. The fol- and shall be the holder of a valid current
lowing words and phrases, when used in these registration certificate.
rules and regulations shall have the following (2) Special and General Certificates-The
meanings, except where the context clearly Regulatory Board may issue special and gen-
indicates a different meaning. eral certificates of registration.
(a) Well-Any artificial hole in the ground, (3) General Certificates-General certifi-
on submerged or unsubmerged land, having cates of registration shall be issued annually
a diameter of more than two (2) inches, but and shall expire at midnight on June 30th
not more than one hundred twenty (120) inches, each year. Such certificates shall be valid
and including, but not limited to, water-table throughout the Regulatory District and shall
wells, artesian wells, core boring holes, seismic include all approved well construction opera-
holes, and stratigraphic test holes. tions.
(b) Well Driller-Any person, firm or cor- (4) Qualifications of Applicants for General
portion who constructs, alters or repairs Certificate as Well Drillers-
wells. (a) Any person is qualified to receive a
(c) Well Construction-The producing of general certificate of registration:
- any well, including the construction, alteration, (1) Who is at least 18 years of age;
or repair thereof. (2) Who is of good moral character;
(d) Gang Well-A system where two or (3) Who has had a minimum of two (2)
more wells are coupled together with a com- years experience in well construction as a well
mon header or manifold. driller or helper, or who demonstrates satis-
(e) Regulatory District-The Southwest factorily his practical knowledge and capabil-
Florida Water Management District (Regula- ity in actual well construction operations; and
tory) established by Southwest Florida Water (4) Who has passed a satisfactory exam-
CHAPTER 357R-1 WATER RESOURCES Supp. #70
nation conducted by the Regulatory Board to (8) Keeping Certificate on Registrant's Per-
determine his fitness to be engaged -in well son-Each well driller shall keep his certificate
construction. of registration on his person at all times when
(b) Applications for general certificates he is engaged in any well construction activi.
shall be submitted in writing on forms provided ties and shall display same upon request.
by the Regulatory Board and shall be accom- (9) Individual Identification Numbers-
panied by sworn affidavits, fully executed, on Identification numbers shall be assigned to each
forms provided by the Regulatory Board, and well driller receiving a certificate of registra-
sworn to by two (2) experienced well drillers tion. Such numbers will remain the same con-
who have known the applicant for at least three tinuously from year to year so long as the
(3) years and who are personally familiar with registrant maintains a valid current certificate
the applicant's ability to perform the work of and said numbers shall not be transferable.
a well driller. (10) Firm Identification Numbers-Firms,
(c) Any person who is at least 18 years of partnerships, corporations or other business as-
age and of good moral character and who has sociations having more than one registered well
been actively and continuously engaged in well driller associated therewith shall apply for and
construction operations for five years imme- may be granted a firm identification number to
diately prior to making application shall be be used in connection with all its well construc-
qualified to receive a general certificate of tion operations.
registration without meeting the requirements (11) Firm Records-Each business associa-
prescribed in subsection (a), hereof; provided tion holding a firm identification number shall
that application is submitted to the district keep accurate records and shall make such
prior to October 1, 1970. Such application shall records available for inspection by the Regula-
be in writing on forms to be provided by the tory Board at any reasonable time. These rec-
Regulatory Board and shall include a sworn ords shall list all well construction operations
statement by the applicant as to his experience engaged in, together with the name and indi-
and background. vidual identification number of the registered
(5) Issuing General Certificates-When an well driller supervising such work.
application for a general certificate of registra- (12) Marking Vehicles and Equipment-The
tion has been approved by the Regulatory identification number of the well driller or of
Board, the applicant shall be notified in writing his firm shall be prominently displayed on each
after which he shall have thirty (30) days in side of every vehicle and well drilling rig used
which to give a bond to be approved by the in connection with all well construction opera-
board in the sum of five thousand dollars tions and shall remain so displayed at all times
($5000), conditioned upon compliance with the such equipment is under control of or available
provisions of laws of this state, the rules and for use by such well drillers. All numbers and
regulations prescribed herein, and the orders figures shall be not less than two (2) inches
adopted or issued pursuant thereto for the pro- high. A decalcomania to be issued by the Regu-
tection of the water resources of the Regulatory latory Board indicating current, valid certi-
District, payable to the Regulatory District and fications shall be displayed adjacent to each
its successors, with some reputable bonding identification number and shall not be trans- i
corporation authorized to do business in this ferable. I
state as surety, and such certificate of registra- (13) Supervision of Well Construction-All
tion will forthwith be issued by the board. Such well construction operations shall be performed ;
bond shall be maintained as a condition to the under the direct and personal supervision and
continued validity of the registration certifi- in the presence of a registered well. driller.
cate. (14) Ground for Refusal, Suspension or Re- i
(6) Special Certificates-Special certificates vocation of Certificate of Registration-The *
of registration may be issued for limited peri- Regulatory Board may refuse to issue or renew
ods of time of not more than one (1) year as .or may suspend or revoke a certificate of regis- -
stated in the certificate, Such certificate shall tration on any one or more of the following
only be valid for specific well construction grounds:
operations. The Regulatory Board may pre- (a) Material misstatement in the applica-
scribe such restrictions and shall require such tion for certificate of registration.
qualifications and bond as it deems proper for (b) Failure to have or retain the qualifica-
each special certificate. tions required herein.
(7) Address of Registrants-Each well (c) Willful disregard or violation of any .
driller having a certificate of registration shall rule or regulation promulgated herein by the
keep the Regulatory Board advised of the cur- Regulatory Board.
rent address of his residence and of his busi- (d) Willfully aiding or abetting another in
ness. the violation of this article or any rule or regu-
Supp. #7o WATER RESOURCES CHAPTER 357R-1
nation promulgated by the Regulatory Board or obtaining water other than for temporary
pursuant thereto, dewatering.
(e) Gross incompetency in the performance (5) Application for Permit-A written ap-
of the work of a well-drilling contractor. plication shall be made to the Regulatory
(f) Allowing the use of his registration cer- Board on forms provided by it and shall be
tificate by a person who does not hold a valid signed by the well driller who will perform the
certificate of registration. work. Such application shall include the name !
(g) Failure to apply for registration prior and address of the owner or other person in
to beginning drilling operations within the dis- possession of the property, the name and iden-
trict. tification number of the well driller, the loca-
(15) Institution of Proceedings to Suspend tion of the work and the specifications for the
or Revoke Certificate of Registration-Proceed- well construction, for example type of well
ings may be instituted by any member or em- construction proposed, the size of the well and
ployee of the Regulatory Board or by any other the method of construction to be employed.
party by filing a sworn written complaint with (6) Permission to Inspect-The application
the Regulatory Board on forms provided by it. shall also include a signed statement granting
(16) Suspension or Revocation-The Regu- permission by the owner or other person in
latory Board may, upon investigation, suspend possession for the Regulatory Board, its em-
a certificate of registration and, after notice ployees or agents, to go upon the premises at
and hearing, may extend such suspension or re- any reasonable time to inspect the well, its
voke the certificate of registration. The provi- location, construction and operation.
sions of Part II, Chapter 120, Florida Statutes, (7) Specifications-The specifications for
shall apply. well construction as set forth in the written
General Authority 373 FS: Law Implemented 373.072, 373.081, application, if approved, shall be contained in
31to17314 31. 37-3.51, 373171 FS the permit issued by the Regulatory Board and
well construction shall be performed in accord-
357R-1.03 Construction of Wells.- ance with such specifications. Any deviation
(1) Policy-It shall be the policy of the therefrom shall only be made upon written per-
Regulatory Board to ascertain that all wells mission of the Regulatory Board.
within the Regulatory District are located, con- (8) Duration of Permits-Each permit shall
structed, maintained and used so as to protect be consecutively numbered, shall be dated and
the water resources within said District in ac- shall be valid for a period of six (6) months,
cordance with the purposes of these rules and unless the time limit is extended by the Regula-
regulations as set forth in subsection 1.01(1) tory Board and a supplemental permit issued.
hereof. (9) Construction Logs and Reports-
(2) Construction Methods-Wells may be (a) Well drillers shall keep a log on a form
constructed by drilling, coring, boring, washing, provided by the Regulatory Board of all well
jetting, driving or digging but must be so con- construction activities performed under each
structed, cased, cemented, plugged, capped or rt a a i ithhe Regulatory Board
sealed as to prevent permanently the escape of t hll l with the Reg tory Bor
water to waste either at or above the land sur- such log together with a report within thirty
water to wastescape from a subsurface zone of (30) days of the completion or cessation of
face, or to escape from a subsurface zone of the work authorized by the permit. If no work
higher hydrostatic head into a zone of lower is performed, a report shall be filed within
bydrostatic head, or to become contaminated by thirty (30) days of the expiration of the permit
poor quality water or other substance from stating that no well construction operations
either surface or underground sources.
were performed under the permit. q
(3) Permit Required-A permit shall be ob- were pe under th p it.
tainted frmithRered-gulatory Board pmit sall before any (b) Such logs shall be available for inspec-
well, larger than two (2) inches in diameter tionmes wat then actual of well construction duractivitiesng all
and also greater than forty (40) feet in depth, times when actual well construction activities
shall be constructed, repaired, modified or are being performed.
otherwise .altered. Such permit shall be promi- (c) The Regulatory Board may also require
nently displayed at the site of the well prior that samples be taken and furnished to it !
to beginning any work thereon and shall remain within thirty (30) days after being taken. Con- I
so displayed until construction is completed. tainers and instructions shall be provided by i
(4) Gang Well Permits-Notwithstanding the Regulatory Board.
definition of a well as set forth in subparagraph (10) Test Holes-More than one (1) well
1.01(2)(a) herein, no gang well shall be con- may be constructed as test holes for one owner
structed without a permit, regardless of the using a single permit, subject to each of the
size or depth of the individual wells comprising following conditions:
such gang well, for the purpose of procuring (a) All such well construction shall be per-
.* <"1Tr-n~ Y ~ -x- r
CHAPTER 357R-1 WATER RESOURCES supp. #70
formed on a single contiguous tract of land unforeseeable circumstances must exist to
under the same ownership, create the emergency, not mere carelessness or
(b) The pattern or layout of such test holes lack of planning on the part of the driller or
shall be approved by the Regulatory Board. requestor of the drilling. Misrepresentation of
(c) All rules and regulations for well con- conditions leading to an Emergency Permit can
struction shall be complied with. void the permit and lead to the loss of the
(d) No such test hole found to produce a driller's registration. Any oral Emergency Per-
desired amount of water may be converted to' mit shall be verified forthwith by telegram to
a production or observation well without first the applicant, which telegram shall be promi-
obtaining a permit for doing so from the Regu- nently displayed at the site of the well as soon
latory Board. as it is received by the applicant. The applicant
(11) Notice of Rejection, Suspension or Re. for an Emergency Permit shall further reduce
vocation of Permit- his application to writing in accordance with
(a) The Regulatory Board shall issue a subsection 1.03 (5) within 24 hours after mak-
Notice of Rejection whenever it determines that ing oral application. The making of an oral ap-
an application for a permit for well construc- plication for an Emergency Permit shall con-
tion fails to meet the requirements prescribed stitute permission to the Regulatory Board to
by Chapter 373, Florida Statutes, or by these inspect well construction activities as otherwise
rules and regulations, or that such proposed provided for in subsection 1.03 (6) hereof. Sub-
well construction would be contrary to the section 1.03 (9) shall apply to construction per-
policy of this state or of the Regulatory Board formed under an Emergency Permit.
as set forth in such laws or in such rules and (13) Exemptions-No provision of subsec- I
regulations. tion 1.03 (3) shall apply to engineering bore
(b) Such Notice of Rejection shall: holes, soil sampling test holes, or mineral pros-
(1) State the grounds for rejection, and pecting holes which do not penetrate a water-
may state any remedial action, if any, which bearing stratum of the earth that yields water
may be taken to make such application accept- to wells, springs or streams adjacent to or in
able for approval; and the vicinity of the said exploratory or test
(2) Be served in writing upon the persons holes.
signing the application by registered or certi- General Authority 373 FS: Law Implemented 373.072, 373.081,
373.101, 373.142, 373.144, 373.151, 373.171 FS
fled mail. alstory.-New 10-1-69
(c) Any applicant receiving a Notice of Re- 357R-1.04 Inventory'.-
jection may obtain a hearing before the Regu- (1) Purpose-The Regulatory Board has de-
latory Board by filing within thirty (30) days termined the necessity for taking and maintain-
of the mailing of such Notice of Rejection a ing an accurate inventory of water resources
written petition requesting such hearing. The and uses within the Regulatory District so that
provisions of Part II, Chapter 120, Florida it takes all necessary and proper steps to effect
Statutes, shall apply, the maximum beneficial utilization, development
(d) The Regulatory Board may, upon in- and conservation of the water resources within
vestigation, suspend a permit and, after notice said district in the best interest of the public
and hearing, may extend such suspension or and to prevent waste, contamination and unrea- .
may revoke the permit. The provisions of Part sonable use of said resources.
II, Chapter 120, Florida Statutes, shall apply. (2) Area to be Inventoried-An inventory
Such suspension or revocation may be made on (2) Area to be Inventoried-An inventory
any one or more of the following grounds: will be made and maintained of all wells con-
(1) Material misstatement or misrepre- structed pursuant to permits issued by author-
sentation in the application for a permit. ity of these rules and regulations. In addition,
with the provisions the Regulatory Board may take inventory of all
set forth in the permit other wells located within areas the Chief Hy-I
set forth in the permit. 1
(3) Willful disregard or violation of any drologist of the Regulatory Board determines
rule or regulation promulgated herein by the to be seriously endangered from over-develop- i
Regulatory Board. ment, salt-water intrusion, pollution or other
(4) Material change of circumstances or contamination.
conditions existing at the time such permit was (a) In all such areas the Regulatory Board,
issued. its employees and agents, shall have the right
(12) Emergency Permits-Emergency Per- to inspect all wells, going upon the premises
mits may be issued by the Regulatory Board where located at any reasonable time for such
when conditions exist which justify such is- purpose.
suance. Emergency Permits may be applied for (b) No person shall interfere with or pre-
orally by telephone and the Regulatory Board vent such inspection.
may issue an Emergency Permit orally by tele. General Authoriy 373 FS: Law Implemented 373.072, 373.081,
phone, however, a serious set of unforesoon or O0it,3ry7l,.3ttw o-373.7
8 ,;, , .
Supp. #70 WATER RESOURCES CHAPTER 357R-1
357R-1.05 Civil Action for Damages.- 357R-1.06 Penal Provisions.--
(1) The Regulatory District may, when it (1) Any person who violates any rules or
determines that it is in the public interest, regulations prescribed herein or any orders
bring civil action for damages against any well adopted or issued pursuant thereto shall be
driller or owner or possessor of a well when punished as provided in section 373.241, Florida
water is wasted or contaminated by improper Statutes.
well construction or use in violation of Chapter GeneralAuthori 373 FS; Law Implemented 373.021 through
and including 373.241 FS
373, Florida Statutes, or of these rules and Hlstory.-New 10-1-69
regulations or of any orders adopted or issued
General Authority 373 FS; Law Implemented 373.021 through
and including 373.241 FS