Title: SWFWMD (R) Minutes of Meeting of Board of Governors
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00050863/00001
 Material Information
Title: SWFWMD (R) Minutes of Meeting of Board of Governors
Alternate Title: SWFWMD (R) Minutes of Meeting of Board of Governors, with list of those present.
Physical Description: 5p.
Language: English
Publication Date: July 8, 1970
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 43
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050863
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



Brooksville, Florida 'JuIy 8, 1970

The Board of Governors of the Southwest Florida Water Management District
(Regulatory) met in the District Headquarters building, Brooksville, Florida
at 9:40 A.M. on July 8, 1970. The following persons were present:

D. S. McAteer, Chairman Myron Gibbons, Attorney
Arthur M. Pickard, Vice Chairman Col. H. C. Gee, Consulting Engineer
Edward Medard, Secretary Ted Reiter, Consulting Accountant
John Anderson, Treasurer Dale Twachtmann, Executive Director
Herman Beville, Member Donald Feaster, District Engineer
S. C. Bexley, Member Robert Gates, Supt. of Maintenance
Paul Hubbard, Member Garald Parker, Chief Hydrologist
Thomas Van der Veer, Member Clint Schultz, Chief of Fiscal Division
Boyce Williams, Member Robert Watson, Chief-Land Acquisition

L. David Wheeler, Law Engineering Testing Company
M. L. Harlan, Harlan Engineering Lab
D. S. Saxena, Harlan Engineering Lab
John White, Architect
Dwight Hart, Okiawaha
Mr. & Mrs. H. J. McGillivray, PTL, Tampa
Lucy Ware Morgan, St. Petersburg Times
Sharon Grabfelder, Tampa Times
Jim Twitty, Tampa Tribune

and the following SWFWMD staff members: Emily Black, Betty Fischer,
Hildred Haight, Melodie Oleson, Melba Beaty and Carol Ezell.

The meeting was called to order by Chairman McAteer. The minutes of the
June 10, '1970 meeting were considered by the members and after study it
was moved by Mr. Pickard and seconded by Mr. Williams that the minutes
be approved as published to the Board. Motion carried.

Chairman McAteer called for a review of the transcript of the June 10th public
hearing and Board consideration of the recommended changes. He suggested
that further discussion is necessary and there is some further recommendation
for comment. He then called upon Mr. Twachtmann to present this informa-
tion. Mr. Twachtmann stated that Mr. Parker, the staff and others have gone
over the transcript and the final recommended changes are in the folders. How-
ever, on July 6th additional correspondence was received which qualified the
testimony presented at the public hearing by the engineering testing labs. He
suggested a review of this letter from Dr. Ardaman. In his letter Dr. Ardaman
states that the labs are anxious to protect the aquifer but with the Southwest
Florida Water Management District (Regulatory) recommended change they feel
this will cause a tremendous amount of paperwork for them. They have previ-
ously come under exemption and they feel that in changing this exemption,

f a2fc,, 6'4

1 .. --/

Minutes of the Meetin July 8, 1970
SWFWMD (R) Board Page Two

1. 03(13)(a), it may mean they are no longer exempt. Dr. Ardaman, therefore,
proposes a new exemption on page 2 of his letter which would be acceptable to
the engineering labs.

Mr. Twachtmann then presented the staff recommendations. He stated that it
is believed that these recommendations are in keeping with what the Board has
indicated and the testimony suggests. Mr. Twachtmann then presented the
recommended changes.

1. 01(2)(a) Well -- Any artificial hole in the ground penetrating an
aquifer on submerged or unsubmerged land, having a
diameter of not less than two (2) inches, but not more
than one hundred twenty (120) inches, and including,
but not limited to, water-table wells, artesian wells,
core boring holes, seismic holes, and stratigraphic
test holes.

This new definition now includes the two-inch well (but nothing smaller)
which was excluded in the present rules.

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

This now defines a well driller as an individual rather than a firm or

1. 01(2)(g) Drilling Contractor --Any person, firm or corporation
engaged in the business of constructing, altering or
Repairing wells.

This is a n&w definition for drilling contractor where once there was
none. This definition solves the problem Dr. Lehr pointed out in his
testimony at the public hearing.

1. 01(2)(h) Aquifer --An aquifer is a hydrologic unit which con-
sists of a geologic formation, a related group of
formations, or only a part of a formation, which is
saturated with water and capable of transmitting
usable quantities of water to wells or springs.

There is no definition of an aquifer in the present rules.

1. 02(4)(b) Applications for general certificates shall be sub-
mitted in writing on forms provided by the Regulatory

The present rules require sworn affidavits and this recommended
change now removes that requirement.

1. 02(6)(a); Apprentice driller registration certifications may be
issued after October 1, 1970 upon the recommendation
of a drilling contractor and with the concurrence of the

~~ 1.__ _. I ---- --!

Minutes of the Meetinr July 8, 1970
SWFWMD (R) Board Page Three

Chief Hydrologist. Apprentice driller registration en-
ables persons to gain the experience and skills needed
to qualify as a driller.

The present rules make no provision for apprentice driller classification.

1. 02(14)(e) Gross incompetency in the performance of the work of
a well-driller or drilling contractor.

This section on gross incompetency in the present rules mentioned
only well-drilling contractor. This change now includes both well-
driller or drilling contractor.

1. 03(3) Permit Required --A permit shall be obtained from the
Regulatory Board before any well shall be constructed,
repaired, 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.

Because of the change in the definition of a well to include the two-
inch well, this change is needed to exclude the wording "larger than
two (2) inches in diameter and also greater than forty (40) feet in
depth". This means anything two inches or above must be permitted.

1. 03(5) Application for Permit -A written application shall be
made to the Regulatory Board on forms provided by it
and shall be signed by the registered drilling contractor
who will perform the work. Such application shall in-
clude the name and address of the owner or other person
in possession of the property, the name and identification
number of the well driller, the location of the work and
the specifications for the well construction, for example
type of well construction proposed, the size of the well
and the method of construction to be employed.

This rule-presently allows the well driller to sign the application for
permit. With this change the registered drilling contractor makes
application for the permit.

1. 03(13)(a) Exemptions -- No provision of subsection 1. 03(3) shall
apply to engineering bore holes, soil sampling test
holes, or mineral prospecting holes which do not pene-
trate an aquifer.

This inserts the word aquifer since the earlier change now defines
an aquifer.

1. 03(13)(b) Exemption No provision of these rules shall apply to
individual users of water for domestic purposes or
ordinary livestock consumption; provided, however,
the owner of any well 'exempt herein shall obtain a per-
mit of exemption prior to drilling.

Minutes of the Meeting July 8, 1970
SWFWMD (R) Board Page Four

This is the exemption wording as it now exists in Chapter 373,
Florida Statutes.

Mr. Twachtmann stated that these are the rule changes which should take place.

Mr. Anderson then commented that he believed item 1. 03(13)(a) should be
changed based on the letter received from the Engineering Laboratories Forum.
Copies of this suggested revision were furnished Board members. It modifies
the recommendation as follows:

1. 03(13)(a) Exemptions-- No provision of subsection 1. 03(3) shall
apply to engineering bore holes, soil sampling test
holes, or mineral prospecting holes which are of a
temporary nature and'which do not penetrate an aquifer.

In case a temporary hole, as described above, inadver-
tently penetrates an artesian aquifer, that hole shall be
deemed a well and the driller in charge shall, immedi-
ately, upon completion of the hole, plug it from bottom
to top with sand-cement grout so that the hole is
hydraulically sealed. He shall then provide the Board
with a completion report citing exact location of the
hole and giving a complete drillers log.

Mr. Medard questioned just how the District would be able to follow-up on this,
with no provision being made for inspection, since no knowledge-would be avail-
able as to where the labs would be working. Mr. Anderson stated that this
burden would be placed on the professional engineers as their responsibility.
Mr. McAteer and Mr. Medard said they felt the professional engineers should
be subject to the same rules and regulations as the well drillers. Mr. McAteer
stated that Mr. Anderson's viewpoint is understood, however, in his opinion a
means for prior notification needs to be spelled out. He said that the.better
firms may follow the honor system but that there are approximately 35 firms.
Mr. Bexley said that the engineering firms should be required to give advance
notification of where the holes are to be drilled.

Mr. Twachtmann stated that the difference between the well drillers and engi-
neering testing firms lies in the fact that the engineering firms are not intend-
ing to make a well when they drill a hole, but are simply intending to sample
the soil. Therefore, it would seem that the District would not be interested as
long as a well is not inadvertently constructed. He thought Mr. Anderson's
recommended revision would ensure that if a well is made it be plugged.

Colonel Gee stated that, in addition to what Mr. Anderson has said, assuming
the engineering firm is registered with the District and gives advance notice
where exploratory drilling is going to be done, it would be well to require that
when the work is completed a certificate with the engineer's signature be pro-
vided if a well was made, but attesting that it was plugged in accordance with
standard procedures. Col. Gee said with that, if the engineer violates his own.
certificate, you can take his license.

Mr. Anderson then stated that since the Board can fix the amount of bond and
require qualifications for the drillers he recommended that the Board instruct


Minutes of the Meeting July 8, 1970
SWFWMD (R) Board Page Five

the staff to accept as "qualifications and bond" the current Certificate of Authori-
zation from the State Board of Engineer Examiners issued in accordance with
Chapter 471. 06 and 472. 11, Florida Statutes, and held by the applicant. Mr.
Gibbons stated that to his knowledge there was no testimony given at the public
hearing concerning the fact that the qualifications and the Certificate of Authori-
zation by the State Board of Engineer Examiners could be submitted in lieu of
a bond and without any testimony to that effect he did not believe any rule of this
nature could be drawn. He said this would be favoring one group of people over
the other, plus the fact that there wasn't any testimony at the public hearing
concerning this, and he did not see how without any testimony this could be ap-
proved. Mr. Anderson then stated that based upon Mr. Gibbons' statement he
would withdraw his recommendation. Mr. Anderson said that he believed that
sometime in the future the water well drillers rules should be separated from
the testing lab drillers.

Mr. Anderson then moved to pass the rule changes as presented by Mr. Twacht-
mann (1.01(2)(a); 1. 01(2)(b); 1. 01(2)(g); 1. 01(2)(h); 1. 02(4)(b); 1. 02(6)(a);
1. 02(14)(e); 1. 03(3); 1. 03(5); 1. 03(13)(a); 1. 03(13)(b)) and that the staff be
instructed to begin the preparation of another set of regulations to apply to the
testing labs. Motion seconded by Mr. Medard and passed.

There being no further business to come before the Board at this time the
meeting adjourned at 10:15 A.M.

DHT: ce


University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs