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
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-
1. 01(2)(e) Water Well Drilling Contractor --Any person, firm or corporation
engaged in the business of constructing, altering or repairing
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
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".
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
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
1. 02(4)(a) General certificates may be issued to any person with the following
(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:
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
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
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
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
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.
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-
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
1. 02(13) Supervision of and Responsibility for Water Well and Test Hole
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
Special Certificate of registration shall be responsible for this
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
1. 02(15) Leave as is, except strike out "Regulatory".
1.02(16) Leave as is, except strike out "Regulatory".
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. 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
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
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
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.
- I I
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
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