DRAFT NO. 6 7-3-69
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PROPOSED RULES AND REGULATIONS FOR THE DEVELOPMENT,
CONTROL, CONSERVATION AND USE OF WATER RESOURCES, WITH
PARTICULAR REFERENCE TO GROUND WATER RESOURCES, IN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
PURPOSES AND DEFINITIONS
1.01 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, development
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 regulations are hereby
established to carry out the intents and purposes of Chapter 373, Florida Statutes.
1.02 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
regulations. The following words and phrases, when used in these rules and regula-
tions shall have the following meanings, except where the context clearly indicates
a different meaning.
A. Well --Any artificial hole in the ground, including submerged as
well as unsubmerged land, having a diameter of more than two (2) inches,
but not more than one hundred twenty (120) inches, and shall include but
not be 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
construction, 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,
and the area of said district, being coextensive with the area of the
Southwest Florida Water Management District as prescribed by Chapter
61-691, Laws of Florida, as amended by Chapters 63-659 and 63-849,
Laws of Florida.
F. Regulatory Board -- The governing board of the Regulatory District
and its duly designated executive officers, employees and agents.
REGISTRATION OF WELL DRILLERS
2.01 REGISTRATION REQUIREMENTS -- Every person who constructs any well in
the Regulatory District shall be registered as a well driller and shall be the holder of
a valid current registration certificate.
2.02 SPECIAL AND GENERAL CERTIFICATES -- The Regulatory Board may issue
special and general certificates of registration.
2.03 GENERAL CERTIFICATES -- General certificates of registration shall be
issued annually and shall expire at midnight on June 30th each year. Such certifi-
cates shall be valid throughout the Regulatory District and shall include all approved
well construction operations.
2.04 QUALIFICATIONS OF APPLICANTS FOR GENERAL CERTIFICATE AS WELL
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
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 appli-
cant for at least three (3) years and who are personally familiar with the
applicant's ability to perform the work of a well driller.
C Any person who is at least 18 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 be
qualified to receive a general certificate of registration without meeting
the requirements prescribed in subsection A, hereof; provided that appli-
cation is submitted to the district prior to Such
application 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 expe-
rience and background.
2.05 ISSUING GENERAL CERTIFICATES --When an application for a general
certificate of registration has been approved by the Regulatory Board, the applicant
shall be notified 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 protection 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
will forthwith be issued by the board. Such bond shall be maintained as a condition
to the continued validity of the registration certificate.
2.06 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 qualifications
and bond as it deems proper for each special certificate.
2.07 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.
2.08 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.
2.09 INDIVIDUAL IDENTIFICATION NUMBERS -- Identification numbers shall
be assigned to each well driller receiving a certificate of registration. Such numbers
will remain the some continuously from year to year so long as the registrant main-
tains a valid current certificate and said numbers shall not be transferable.
2.10 FIRM IDENTIFICATION NUMBERS -- Firms, partnerships, corporations or
other business associations having more than one registered well driller associated
therewith shall apply for and may be granted a firm identification number to be used
in connection with all its well construction operations.
2.11 FIRM RECORDS -- Each business association holding a firm identification
number shall keep accurate records and shall make such records available for inspec-
tion by the Regulatory Board at any reasonable time. These records shall list all well
construction operations engaged in, together with the name and individual identifi-
cation number of the registered well driller supervising such work.
2.12 MARKING VEHICLES AND ECUIPMENT -- 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 certifications shall be displayed adjacent to each identification number and
shall not be transferable.
2.13 SUPERVISION OF WELL CONSTRUCTION -- All well construction opera-
tions shall be performed under the direct and personal supervision and in the presence
of a registered well driller.
2.14 GROUND FOR REFUSAL, SUSPENSION OR REVOCCATION 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
A. Material misstatement in the application for certificate of
B. Failure to have or retain the qualifications required herein.
C. Willful disregard or violation of any rule or regulation promulgated
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 pursuant
E. Gross incompetency in the performance of the work of a well-
dri ll ing contractor.
F. Allowing the use of his registration certificate by a person who
does not hold a valid certificate of registration.
G Failure to apply for registration prior to beginning drilling
operations within the district.
2.15 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 Regulatory Board on forms provided by it.
2.16 SUSPENSION OR REVOCATION --The Regulatory Board may, upon investi-
gation, 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.
CONSTRUCTION OF WELLS
3.01 POLICY -- It shall be the policy of the Regulatory 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 from waste, contamination and
3.02 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.
3.03 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.
3.04 GANG WELL PERMITS -- Notwithstanding definition of a well as set forth
in subparagraph 1.02 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.
3.05 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 perform the work. Such application shall include the name and address of the
owner or other person in possession of the property, the name and identification num-
ber 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.
3.06 PERMISSION TO INSPECT -- The application shall also include a signed
statement granting permission by the owner or other person in possession for the Regu-
latory Board, its employees or agents, to go upon the premises at any reasonable time
to inspect the well, its location, construction and operation.
3.07 SPECIF!CATIONS -- The specifications for well construction as set forth in
the written application, if approved, shall be contained in the permit issued by the
Regulatory Board and well construction shall be performed in accordance with such
specifications. Any deviation therefrom shall only be made upon written permission
of the Regulatory Board.
3.08 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 extended by the Regulatory Board and a supplemental permit issued.
3.09 CONSTRUCTION LOGS AND REPORTS --
A. Well drillers shall keep a log on a form provided by the Regulatory
Board of all well construction activities performed under each permit
and shall file with the Regulatory 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.
B. Such logs shall be available for inspection at the site of well
construction 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.
3.10 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 Regu-
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.
3.11 NOTICE OF REJECTION, SUSPENSION OR REVOCATION OF PERMIT --
A. The Rcgulatory 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
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.
CIVIL ACTION FOR DAv'MAGES
4.01 The Regulatory 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.
5.01 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.
6.01 PURPOSE -- The Regulatory Board has determined the necessity for taking and
maintaining an accurate inventory of water resources and uses within the Regulatory
District so that it takes all necessary and proper steps to effect the maximum benefi-
cial utilization, development and conservation of the water resources within said
district in the best interest of the public and to prevent waste, contamination and
unreasonable use of said resources.
6.02 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 regula-
tions. 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 seriously
endangered from over-development, salt-water intrusion, pollution or other contam-
A. In all such areas the Regulatory Board, its employees and agents,
shall have the right to inspect all wells, going upon the premises where
located at any reasonable time for such purpose.
B. No person shall interfere with or prevent such inspection.