Title: Rules and Regulations of The SWFWMD (Regulatory) 375R-1.01 through 375-1.06
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 Material Information
Title: Rules and Regulations of The SWFWMD (Regulatory) 375R-1.01 through 375-1.06
Alternate Title: Rules and Regulations of The SWFWMD (Regulatory) 375R-1.01 through 375-1.06: Purposes and Definitions, Regulations of Well Drillers, Construction of Wells, Inventory, Civil Action for Damages, and Penal Provisions.
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Language: English
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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 108
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050926
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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JLETS AND REGULATIONS .
OF
THI SOT EST IORIDA WATER MANAGEMENT DISTRICT (REGULATORY)

CHAP J)TER. 357R-1
RULES AND REGULATIONS FOR) TH DEVELOPMENT,
CONTROL, CONSERVATION AND USE OF WATER RESOURCES,
WITH PARTICULAR REFERENCE TO GROUND WATER SOURCES, IN
SOUTHWtEST FLORIDA WATER MANAGEMENT' DISTRICT'* (REtZ:(GUL.ATOR.Y)

357R.-1. 01 Purposes and Definitions
3571R-1. 02 Registration of Well Drillers
357R-1. 03 Construction of Wells
357R-1. 04 Inventory
357R-1. 05 Civil Action for Damages
357R-1. 06 Penal Provisions

357R-1. 01 Purposes and Definitions --

(1) Purposes -- The purposes of these rules and regulations are to implement the

declared water policy of Southwest Florida Water Management District (Regulatory)

and the State of Florida by effecting the maximum beneficial utilization, develop-

ment and conservation of the water resources of the Regulatory District in the best

interest of all its people and to prevent the depletion, deterioration, waste., and

unreasonable use of said resources. Pursuant to these purposes, rules and regu-

lations are hereby established to carry out the intents and purposes of Chapter 373,

Florida Statutes.

(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 regu-

lations. 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) Well -- Any artificial hole in the ground, on submerged or unsub-

P merged land, having a diameter of more 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.

(b) Well Driller -- Any person, firm or corporation who constructs,

alters or repairs wells.

(c) Well Construction -- The producing of any well, including the con-

struction, alteration, or repair thereof.

(d) Gang Well -- A system where two or more wells are coupled to-

gether with a common header or manifold.

,^ (e) Regulatory District -- The Southwest Florida Water Management ,

District (Regulatory) established by Southwest Florida Water Management

District Resolution No. 268 pursuant to Chapter 373, Florida Statutes, *
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and the area of said district, being coextensive with the area of the

Southwest Florida Water Manatgermentel District as prescribed by Chapter

61-691, Laws of Florida, as rramendcd by Chapters 63-659 and 63-849, j

Laws of Florida.

(f) Regulatory B1-oard -- The governing board of the R.egrulatory District

and its duly designated executive officers, employees and agents.

General Authority 373, Florida Statutes; Law Implemented 373. 072, 373. 081, 373.101,

373. 141, 373. 142, 373. 144, 373. 151, 373. 171, Florida Statutes

357R-1. 02 Registration of Well Drillers --

(1) Registration Requirements -- Every person who constructs any well in the Regu-

latory District shall be registered as a well driller and shall be the holder of a valid

current registration certificate.

(2) Special and General Certificates -- The Regulatory Board may issue special and

r" general certificates of registration.

(3) General Certificates -- General certificates of registration shall be issued annu-

ally and shall expire at midnight on June 30th each year. Such certificates shall be

valid throughout the Regulatory District and shall include all approved well construc-

tion operations.

(4) Qualifications of Applicants for General Certificate as Well Drillers --

(a) Any person is qualified to receive a general, certificate of registration:

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

(2) Who is of good moral character;

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

construction as a well driller or helper, or who demonstrates

satisfactorily his practical knowledge and capability in actual

well construction operations; and,

(4) Who has passed a satisfactory examination conducted by the

Regulatory Board to determine his fitness to be engaged in well

construction.

(b) Applications for general certificates shall be submitted in writing on

forms provided by the Regulatory Board and shall be accompanied by

sworn affidavits, fully executed, on forms provided by the Regulatory

Board, and sworn to by two (2) experienced well drillers who have known

the applicant for at least three (3) years and who are personally familiar ,

with the applicant's ability to perform the work of a well driller.




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(c) Any person who is at lea st 1.8 years of age and of good moral character

and who has been actively and Continuously engaged in well. construction

operations for five years immediately prior to making application shall

1. be qualified to receive a general certificLate of registration without meeting

the requirements prescribed in subsection (a), hereof; provided that appli-

cation is submitted to the district prior to October 1, 1970. Such applica-

tion shall be in writing on forms to be provided by the Regulatory Board

and shall include a sworn statement by the applicant as to his experience

and background.

(5) Issuing General Certificates -- When an application for a general certificate of

registration has been approved by the Regulatory Board, the applicant shall be noti-

fied in writing after which he shall have thirty (30) days in which to give a bond to

be approved by the board in the sum of five thousand dollars ($5000), conditioned

" upon compliance with the provisions of laws of this state, the rules and regulations

prescribed herein, and the orders adopted or issued pursuant thereto for the protec-

tion of the water resources of the Regulatory District, payable to the Regulatory

District and its successors, with some reputable bonding corporation authorized to

do business in this state as surety, and such certificate of registration wills forth-

with be issued by the board. Such. bond shall be maintained as a condition to the

continued validity of the registration certificate.

(6) Special Certificates -- Special certificates of registration may be issued for

limited periods of time of not more than one (1) year as stated in the certificate.

Such certificate shall only be valid for specific well construction operations. The

Regulatory Board may prescribe such restrictions and shall require such qualifi-

cations and bond as it deems proper for each special certificate.

(7) Address of Registrants -- Each well driller having a certificate of registration

shall keep the Regulatory Board advised of the current address of his residence

and of his business.

(8) Keeping Certificate on Registrant's Person -- Each well driller shall keep his

certificate of registration on his person at all times when he is engaged in any well

construction activities and shall display same upon request.

(9) Individual Identification Numbers -- Identification numbers shall be assigned I

to each well driller receiving a certificate of registration. Such numbers will re- ..

main the same continuously from year to year so long as the registrant maintains ,

Sa valid current certificate and said numbers shall not be transferable. :i





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(10) Firm Identification Numbers -- Firms, partnerships, corporations or other

business associations having more than one registered well drille:r ass ociated

therewith shall apply for and maybe granted a firm identification number to be used

i.n connection with all its well construction operations.

(11) Firm Records -- Ea.ch business association holding a firm identification num-

ber shall keep accurate records and shall rnake such records available for inspection

by the Regulatory Board at any reasonable time. These records shall list all well

construction operations engaged in, together with the name and individual identifica-

tion number of the registered well driller supervising such work.

(12) Marking Vehicles and Equipment -- The identification number of the well driller

or of his firm shall be prominently displayed on each side of every vehicle and well

drilling rig used in connection with all well construction operations and shall remain

so displayed at all times such equipment is under control of or available for use by

^^ such well drillers. All numbers and figures shall be not less than two (2) inches high.

A decalcomania to be issued by the Regulatory Board indicating current, valid certi-

fications shall be displayed adjacent to each identification number and shall not be

transferable.

(13) Supervision of Well Construction -- All well construction operations shall be

performed under the direct and personal supervision and in the presence of a regis-

tered well driller.

(14) Ground for Refusal, Suspension or Revocation of Certificate of Registration --

The Regulatory Board may refuse to issue or renew or may suspend or revoke a

certificate of registration on any one or more of the following grounds:

(a) Material misstatement in the application for certificate of

registration.

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

(c) Willful disregard or violation of any rule or regulation promul-

gated herein by the Regulatory Board.

(d) Willfully aiding or abetting another in the violation of this article

or any rule or regulation promulgated by the Regulatory Board pur-

suant thereto.

(e) Gross incompetency in the performance of the work of a well-

drilling contractor.

(f) Allowing the use of his registration certificate by a person who

) does not hold a valid certificate of registration.




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(g) Failure to apply for registration prior to beginning drilling opera -

tions within the district.

(15) Institution of Proceedings to Suspend or Revoke Certificate of Registration --

" Proceedings may be instituted by any member or employee of the regulatory Board

or by any other party by filing a sworn written complaint with the YR.egulatory Board

on forms provided by it.

(16) Suspension or Revocation -- The Regulatory Board may, upon investigation,

suspend a certificate of registration and, after notice and hearing, may extend such

suspension or revoke the certificate of registration. The provisions of Part II,

Chapter 120, Florida Statutes, shall apply.

General Authority 373, Florida Statutes; Law Implemented 373.072, 373.081, 373.101,

373. 142, 373. 144, 373. 151, 373. 171, Florida Statutes

357R-1. 03 Construction of Wells --

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

within the Regulatory District are located, constructed, maintained and used so as

to protect the water resources within said District in accordance with the purposes

of these rules and regulations as set forth in subsection 1. 01 (1) hereof.

(2) Construction Methods -- 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 underground sources.

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

any well, larger than two (2) inches in diameter and also greater than forty (40) feet

in depth, shall be constructed, repaired, modified or otherwise altered. Such per-

mit 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. ^

(4) Gang Well Permits -- Notwithstanding definition of a well as set forth in sub-

paragraph 1. 01(2) (a) herein, no gang well shall be constructed without a permit,

regardless of the size or depth of the individual wells comprising such gang well, ,

for the purpose of procuring or obtaining water other than for temporary dewatering.

(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 well driller who will per- i

Form the work. Such application shall include the name and address of the owner or ..







other person in possession of the prol.)perty, the ;narlne and ildenlt.iic;i-tion n,umbr of

the well driller, the location of the work and the specific.c,, .il; for th. well c ronsruc-

tion, for example type of well construction proposed, the size of the well and the

i" method of construction to be employed.

(6) Permission to Inspect -- The application sh;all also include a .signed statementrr,

granting .pcrm:issionl by their owner or other person in possession for the Regulatory

Board, its employees or agents, to go upon the premises ;at any reasoable time to

inspect the well, its location, construction and operation.

(7) Specifications -- The specifications for well construction as set forth in the

written application, if approved, shall be contained in the permit issued by the Regu-

latory Board and well construction shall be performed in accordance with such speci-

fications. Any deviation therefrom shall only be made upon written permission of

the Rtegulatory Board.

(8) 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 ex-

tended by the Regulatory Board and a supplemental permit issued.

(9) Construction Logs and Reports --

(a) Well drillers shall keep a log on a form provided by the PRegulatory

Board of all well construction activities performed under each permit

and shall file with the R.egulat:ory. Board such. log -together with a report

within thirty (30) days of the completion or cessation of the work autho-

rized by the permit. If no work is performed, a report shall be filed

within thirty (30) days of the expiration of the permit stating that no well

construction operations were performed under the permit.

z' (b) Such logs shall be available for inspection at the site of well con-

struction during all times when actual well construction activities are

being performed.

(c) The Regulatory 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 Regulatory Board.

(10) Test Holes -- More than one (1) well may be constructed as test holes for one

owner using a single permit, subject to each of the following conditions:

(a) All such well construction shall be performed on a single contiguous

tract of land under the same ownership. .... :|

/--, (b) The pattern or layout of such test holes shall be approved by the ..

Regulatory Board. .



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(c) All :rules and regulations for well construction shall be complied with.

(d) No such test hole found to produce a desired amount of water may be

converted to a. production or observation well without first obtaining a per-

mit for doing so from the Regulatory Board.

(11) Notice of Rlejection, Suspension or Revocation of Permit --

(a) The Regulatory Board shall issue a Notice of Rejection whenever it

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

meet the requirements prescribed by Chapter 373, Florida Statutes, or

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

would be contrary to the policy of this state or of the Regulatory 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

*f- action, if any, which may be taken to make such application accept-

able 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 Regulatory 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 Regulatory 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 regulation promul-

gated herein by the Regulatory Board.

(4) Material change of circumstances or conditions existing at the

time such permit was issued.

(12) Emergency Permits -- Emergency Permits may be issued by the Regulatory

S Board when conditions exist which justify such issuance. Emergency Permits may




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be applied for orally by telephone and the Regulatory Board ariay issue an Emergency

Permit orally by telephone, however, a te8rious set of uhforbseen or unforeseeable

,i circumstances must exist to create the emergency, not m6r0 carelessness or lack

of planning on the part of the driller or reqluestor of the drilling. A isrepresenta-

tion of conditions leading to an Emergency Permit can void the permit and- lead to

the loss of thle driller's registration. Any oral Emergency Permit shall be verified

forthwith by telegram to the applicant, which telegram shall be prominently displayed

at the site of the well as soon as it is received by the applicant. 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. The making

of an oral application for an Emergency Permit shall constitute permission to the

Regulatory Board to inspect well construction activities as otherwise provided for

in subsection 1. 03 (6) hereof. Subsection 1. 03 (9) shall apply to construction per-

formed under an Emergency Permit.

(13) Exemptions -- No provision of subsection 1. 03 (3) shall apply to engineering

bore holes, soil sampling test holes, or Imineral prospecting holes which do not

penetrate a water-bearing stratum of the earth that yields water to wells, springs

or streams adjacent to or in the vicinity of the said exploratory or test holes.

General Authority 373, Florida Statutes; Law Implemented 373. 072, 373.081, 373.101,

373. 142, 373. 144, 373. 151, 373. 171, Florida Statutes

357R-1.04 Inventory -

(1) Purpose -- The Regulatory Board has determined the necessity for taking and

maintaining an accurate inventory of water resources and uses within the Regula-

Story District so that it takes all necessary and proper steps to effect the maximum

beneficial utilization, development and conservation of the water resources within

said district in the best interest of the public and to prevent waste, contamiination

and unreasonable use of said resources.

(2) Area to be Inventoried -- An inventory will be made and maintained of all wells

constructed pursuant to permits issued by authority of these rules and regulations.

In addition, the Regulatory Board may take inventory of all other wells located

within areas the Chief Hydrologist of the Regulatory Board determines to be seri-

ously endangered from over-development, salt-water intrusion, pollution or other

c contamination.

(a) In all such areas the Regulatory Board, its employees and agents, ..;:
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shall have the right to ilnspejct all wells, going upon th-e premises where

local t ed at ally reasonable tinmec for such purpose.C

.j4 (b) No person shall interfere with or prevent such inspection.

General Authority 373, Florida Statutes; Law Implemented 373.072, 373.081., 373.101,

373. 142, 373. 144, 373. 151, 373. 171, Florida Statutes

357R-1. 05 Civil Action for Damages --

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

bring civil action for damages against any well driller or owner or possessor of a

well when water is wasted or contaminated by improper well 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.

General Authority 373, Florida Statutes; Law Implemented 373. 021 through and in-

cluding 373. 241, Florida Statutes

357R-1. 06 Penal. Provisions --

(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.

General Authority 373, Florida Statutes; Law Implemented 373. 021 through and in-

cluding 373.241, Florida Statutes


































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