Title: Proposed Revisions to 375-1 Fla. Adm. Code.
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 Material Information
Title: Proposed Revisions to 375-1 Fla. Adm. Code.
Physical Description: 12p.
Language: English
 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 16
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050836
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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PROPOSED REVISIONS TO 357R-1




1. 01 Purposes and Definitions


i. 01(1) Leave as is


1.01(2) Definitions -- leave as is


1. 01(2)(a) Water Well -- Any artificial hole in the ground, on submerged or

unsubmerged land, having a diameter of not less than two (2)

inches, and intended to produce or accept water, or to search for

water for the above purposes. This definition includes but is not

limited to the following: water-table wells, artesian wells, and

such special-purpose wells as test and/or observation wells, waste-

disposal wells, recharge or repressuring wells, and water-level

control or drainage wells, and water resources test wells.


1. 01(2)(b) Test Hole --Any artificial hole in the ground drilled, bored, cored,

washed, jetted or otherwise developed, the intended use of which is

to obtain data for engineering and/or for geophysical, or geological

exploration, or for prospecting for minerals, oil, gas or products

of mining or quarrying, but not for the purposes of producing or

disposing of water.


1. 01(2)(c) Water Well Driller --Any person who constructs, alters or repairs

water wells.


1. 01(2)(d) Apprentice Water Well Driller -- Any person 16 years of age or

older who helps construct, alter or repair wells, and who works

under the immediate direction and supervision of a qualified and

registered water-well driller while learning the skills of a water-

well driller.


1. 01(2)(e) Water Well Drilling Contractor --Any person, firm or corporation

engaged in the business of constructing, altering or repairing

water wells.


1. 01(2)(f) Test HIole Driller --Any person who drills test holes not intended

for usec as water wells.









1. 01(2)(g) Test Hole Drilling Contractor -- Any person, firm or corporation

engaged in the business of constructing or making test holes, not

drilled for use as water wells.


1. 01(2)(h) Water Well Construction -- The producing of any water well, in-

cluding the construction, alteration, or repair thereof.


1. 01(2)(i) Test Hole Construction-- The producing or making of test holes.


1. 01(2)(j) Gang Well -- leave as is, old number is 1. 01(2)(d).


1. 01(2)(k) Aquifer -- leave as is


1.01(2)(1) Regulatory District -- leave as is, but add a final sentence:

"Hereinafter referred to as the District." (Old number is 1. 01(2)(e))


1. 01(2)(m) Regulatory Board -- leave as is, but add a final sentence:

"Hereinafter referred to as the Board." (Old number is 1. 01(2)(f))


1. 01(2)(n) 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 or by practical experience, and who is certified (regis-

tered) by the Florida State Board of Engineer Examiners, as

prescribed in Chapter 471, Florida Statutes, entitled "Professional

Engineers".


1. 01(2)(o) Florida State Board of Engineer Examiners --A State Board created

and established by Chapter 471, Florida Statutes, to carry out the

provisions relating to Professional Engineers.


1.01(2)(p) Engineering Testing Laboratories -- Engineering Testing Labora-

tories are legally established and State regulated corporate and

partnership enterprises (Florida Statutes 471 and 472) engaged,

under the immediate direction and supervision of a Registered

Professional Engineer, in gathering data for engineering and/or

geophysical or geological exploration, or for prospecting for

minerals, oil, gas, or products of mining or quarrying, and

interpreting data so obtained for use of their clients.










1. 01(2)(q) Certified Professional Geologist -- Any person who is qualified,

by reason of his knowledge of matl.:mrnatics, physics, ctrnmistry,

geology or geological engineering, acquired by professional educa-

tion or practical experience, and who is certified (registered) by

the American Institute of Professional Geologists.


1. 01(2)(r) American Institute of Professional Geologists -- The national

organization established by the geological societies of America

to govern professional activities of geologists and incorporated

in the State of Colorado in 1963. Registered members of the

Institute are titled "Certified Professional Geologists".


























































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1. 02 Registration of Test Hole and Water-Well Drillers


1. 02(1) Registration Requirements -- Any person, firm or corporation

who constructs a water well or test hole (defined in section 1. 01)

within the boundaries of the District, shall be legally registered

with the District and shall be the holder of a valid, current certifi-

cate of registration issued by the Board.


1. 02(2) Leave as is, except strike out "Regulatory".


1. 02(3)(a) General Certificates --General certificates of registration shall

be issued annually and shall expire at midnight on June 30th. Such

certificates are issued only to persons, firms or corporations

qualified to construct water wells, and shall be valid throughout

the District and include all approved water well-construction

operations. Apprentice driller's certificates may be issued in

this category.


1. 02(3)(b) Special Certificates -- Special certificates of registration shall

be issued annually and shall expire at midnight on December 31st.

Such certificates shall be issued only to persons, firms or corpo-

rations qualified to construct or make test holes.


1. 02(4) Qualifications of Applicants for General Certificate as Water-Well

Driller -


1. 02(4)(a) General certificates may be issued to any person with the following

qualifications:

(1) Who is at least 18 years of age;

(2) Who is of good moral and ethical character;

(3) Who has had a minimum of two (2) years experience in

water well construction as a water well driller or helper,

or who demonstrates satisfactorily his practical knowledge

and capability in actual water well construction operations,

and passes a written test administered by the Board.


1. 02(4)(b) Qualifications of Applicants for General Certificate-Apprentice

Driller -- Apprentice Driller certificates may be issued to any

person with the following qualifications:


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1. 02(4)(b) (1) Who is at least 16 years of age;

(2) Who is of good moral and ethical character;

(3) Who has the written recommendation of a registered water

well driller under whom he will serve as an apprentice; and

(4) Who has the approval of the Chief Hydrologist following the

passing of a written test.


1. 02(4)(c) Qualifications of Applicants for Special Certificates -- Special

Certificates may be issued to: (1) any person who is currently a

Registered Professional Engineer, or Certified Professional

Geologist, or to firms or corporations owned, directed or super-

vised by currently Registered Professional Engineers or Certified

Professional Geologists. Evidence of qualification shall be a true

copy of applicant's current certificate of professional registration;

(2) any person, firm or corporation who is engaged in making test

holes and who qualifies for registration.


1. 02(4)(d) Applications for General Certificates -- Applications for General

Certificates shall be submitted in writing on forms provided by

the Board.


i. 02(4)(e) Applications for Apprentice Driller Certificates -- Applications

for Apprentice Driller Certificates shall be submitted in writing

on forms provided by the Board.


1. 02(4)(f) Application for Special Certificates -- Application for Special

Certificates shall be submitted in writing on forms provided by

the Board.


1. 02(5) Issuance of General and Special Certificates --


1. 02(5)(a) General Certificates --After receipt of a proper application and

approval by the Board of said application, the applicant shall be

notified in writing and shall post bond in the amount of five thousand

dollars ($5, 000) prior to application for a permit to construct a

water well. Such bond shall be acceptable by the Board and is con-

ditioned upon compliance with provisions of the laws of this State,

the rules and regulations prescribed herein, and the orders adopted



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or issued pursuant thereto for the protection of the water resources

of the District, and payable to the District and its successors, with

some reputable bonding corporation authorized to do business in

this State as surety. Upon receipt of bonding certification, the cer-

tificate of registration will be issued by the Board.


1. 02(5)(b) Bonds are not required of Water Well Drillers or Apprentice Water

Well Drillers who do not qualify for certification as Water Well

Drilling Contractors. Drillers and apprentices are certified to

operate only when covered by a bond guaranteeing the operations

and work of a Water Well Drilling Contractor.


1. 02(6) Special Certificates --Prior to commencing work within the District,

or within thirty days of notification of Board approval, the applicant

shall furnish proof of his being currently certified as a Registered

Professional Engineer or Certified Professional Geologist; the Board

shall then issue a Special Certificate. If the applicant is not a Regis-

tered Professional Engineer or Certified Professional Geologist, the

applicant must post bond in the amount of five thousand dollars ($5, 000).

Such bond shall be acceptable by the Board and is conditioned upon

compliance with provisions of the laws of this State, the rules and

regulations prescribed herein and the orders adopted or issued pur-

suant thereto for the protection of the water resources of the District,

and payable to the District and its successors, with some reputable

bonding corporation authorized to do business in this State as surety.

The Board may prescribe any other such restrictions and may require

such additional qualifications and bond as it deems proper for each

Special Certificate.


1. 02(7) Addresses of Registrants -- Each Water Well Driller and Test Hole

Drilling Contractor holding either a general or a special certificate

of registration shall keep the Board advised of the current address

of his residence and of his business.


1. 02(8) Certificate to be Kept on Registrant's Person -- Each Water Well

Driller shall keep his certificate of registration on his person at

all times when engaged in his business occupation and shall display

same upon request.


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1. 02(9) Individual Identification Numbers -- leave as is, except change

"well driller" to "water well driller".


1. 02(10) Firm Identification Numbers --Firms, partnerships, corporations

or individuals operating their own water-well drilling businesses,

shall apply for and may be granted a firm identification number.

This number is to be used in connection with all water well con-

struction operations.


1. 02(11) Firm Records -- Each business association or individual holding a

firm identification number or a Special Certificate of registration

shall keep accurate records and shall make such records available

for inspection by the Board at any reasonable time. These records

shall list all water well construction operations engaged in, together

with the name and individual identification number of the registered

water well driller supervising such work, or all test hole operations

in which he is engaged.


1. 02(12) Marking Vehicles and Equipment -- The identification number of

the water well-drilling or test hole drilling contractor shall be

prominently displayed on each side of each vehicle and drilling rig

used in connection with the firm's drilling operations, and shall

remain so displayed at all times that such equipment is under con-

trol of, or available for use by, drilling operators. All numbers

and figures shall be not less than two (2) inches high. District

decalcomania will be issued by the Board as needed indicating cur-

rent, valid certifications and these decalcomnanias shall be placed

and displayed adjacent to each identification number and shall not

be transferable.


1. 02(13) Supervision of and Responsibility for Water Well and Test Hole

Construction --


1. 02(13)(a) All water well construction operations shall be performed in

compliance with the rules and regulations and under the direct

and personal supervision of a registered water-well driller.


1. 02(13)(b) All test hole construction operations shall be performed in

compliance with these rules and regulations and a holder of a


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Special Certificate of registration shall be responsible for this

compliance.


1.02(14) Leave as is, except strike out "Regulatory".


1. 02(14)(a) Leave as is


1. 02(14)(b) Leave as is


1. 02(14)(c) Leave as is


1. 02(14)(d) Leave as is


1. 02(14)(e) Incompetency in the performance of the work of a Water Well

Drilling Contractor, including the failure to properly and securely

seat and seal water well casings, or the failure to case off and

seal out from water well supplies sediments, contaminants and

pollutants, or to seal the well boring, which will not be used as a

water well, so as to prevent contaminants or pollutants from the

land surface or shallow aquifer from reaching the aquifer tapped

by the well.


1. 02(14)(f) Leave as is


1. 02(14)(g) Leave as is


1. 02(14)(h) Misrepresentation or falsification of records or reports concern-

ing water wells or test holes such as depths, diameters, casing,

location, ownership, or other pertinent information requiredby

the Board.


1. 02(15) Leave as is, except strike out "Regulatory".


1.02(16) Leave as is, except strike out "Regulatory".
















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1.03 Permitting and the Construction of Water Wells and Test Holes


1. 03(1) Policy -- It shall be the policy of the Board to ascertain that all

water wells and test holes constructed within the District are so

located, constructed, maintained, used or abandoned as to protect

the water resources and the users thereof in accordance with the

purposes of these rules and regulations as set forth in subsection

1. 01(1).


1. 03(2) Construction Methods -- Water wells and test holes may be con-

structed (rest of subsection remains as is).


1. 03(3) Permit Required -- A permit shall be obtained from the Board

before any water well shall be constructed, repaired, modified

or otherwise altered. Such permit must be prominently displayed

at the site of the water well prior to beginning any work thereon,

and shall remain so displayed until construction is completed.


1. 03(5) Application for Permit -- A written application shall be made to

the Board on forms provided by it, and shall be signed by the

registered water well-drilling contractor who will perform the

work. Such application shall include the name and address of the

owner or other person in possession of the property on which the

water well is to be drilled; the name, registration number and

address of the water well-drilling contractor; the location of the

well, complete with accurate location sketch; and the specifica-

tions of the well construction, for example, type of well construc-

tion proposed, the size of the well, and the method of construction

to be employed.


1. 03(6) Permission to Inspect -- The application shall also include a

signed statement granting permission by the owner or other person

in possession for the Board, its employees or agents, to go upon

the premises at any reasonable time to inspect the water well, its

location, construction and operation.


1. 03(7) Specifications -- The specifications for water well construction

as set forth in the written application, if approved, shall be con-

tained in the permit issued by the Board and water well construction


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shall be performed in accordance with such specifications. Any

deviation therefrom shall only be made upon written permission

of the Board.


1. 03(8) Duration of Permits -- leave as is, except strike out "Regulatory".


1. 03(9) Water Well Construction Logs and Reports -- as is, except: (1)

strike out "Regulatory" and substitute ten days for thirty days in

both entries in (a). Leave thirty days in (c).


1. 03(10) Water Resource Test Wells -- More than one (1) water well may

be constructed as water resource test wells for one owner using a

single permit, subject to each of the following conditions:


1. 03(10)(a) Leave as is, except substitute "water well" for "hole" throughout.


1. 03(10)(b) Engineering drawing or accurately scaled sketch is to be submitted

to the Board as a basis for approval, rejection or modification of

application.


1. 03(10)(c) Leave as is, except substitute "water well" for "well".


1. 03(10)(d) No such water resource test well found to produce a desired amount

of water may be converted to a production or observation well with-

out first obtaining a permit for doing so from the Board.


1. 03(11) Notice of Rejection, Suspension, or Revocation of Permit --


1. 03(ll)(a) The Board shall issue a Notice of Rejection whenever it determines

that an application for a permit for water well construction fails to

meet the requirements prescribed by Chapter 373, Florida Statutes,

or by these rules and regulations, or that such proposed water well

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.


1. 03(ll)(b) (1) Leave as is


1.03(ll)(b) (2) Leave as is


1. 03(ll)(c) Leave as is, except strike out "Regulatory".

1.03(ll)(d) Leave as is, except strike out "Regulatory".


1. 03(l)(d) (1) Leave as is

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1.03(11)(d) (2) Leave as is


1. 03(11)(d) (3) Leave as is, except strike out "Regulatory".


1. 03(ll)(d) (4) Leave as is


i. 03(12) Emergency Permits -- leave as is, except strike out "Regulatory".


1. 03(13)(a) Permits for Exemption -- No provision of these rules and regula-

tions 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, under this exemption

shall obtain a Permit of Exemption prior to drilling.


1. 03(15) Reporting of Data from Test Holes -- The registered professional

engineer, certified professional geologist or registered test hole

drilling contractor in charge shall provide boring logs for all test

holes that penetrate into any of the aquifers in the District where

either drilling fluid is lost or artesian conditions are encountered.

All such holes shall be completely 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 the test hole,

and shall bear the signature and professional seal of the registered

professional engineer, certified professional geologist, or the

notarized signature of the registered test hole drilling contractor

in charge of the operation, certifying that all actions required by

these rules and regulations were accomplished.


















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1.04 Inventory


1.04(1) Purpose -- leave as is, except strike out "Regulatory".


1. 04(2) Area to be Inventoried -- An inventory will be made and maintained

of all water wells constructed pursuant to permits issued by author-

ity of these rules and regulations. In addition, the Board may take

inventory of all other water wells and test holes located within areas

the Chief Hydrologist or the Board determines to be seriously en-

dangered from overdevelopment, salt-water intrusion, pollution or

other contamination.


1. 04(2)(a) In all such areas the Board, its employees and agents, shall have

the right to inspect all water wells and test holes, going upon the

premises where located at any reasonable time for such purpose.


1. 04(2)(b) Leave as is


1. 05 Civil Action for Damages


1. 05(1) The District may, when it determines that it is in the public interest,

bring civil action for damages against any water well driller, water

well-drilling contractor or test hole drilling contractor or owner or

possessor of a water well or a test 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) Leave as is





















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