Title: Proposed Rules and Regulations for Development
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 Material Information
Title: Proposed Rules and Regulations for Development
Alternate Title: Proposed Rules and Regulations for the Development, Control, Conservation and Use of Water Resources.
Physical Description: 15p.
Language: English
Publication Date: July 9, 1969
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 2 ( SWFWMD (R) HISTORY - LAWS, RULES FIRST ORDERS - B3F2 ), Item 50
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051361
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












-CONTROL, CONSERVATION*AND USE OF WATER RESOURCES, WITH

PARTICULAR REFERENCE TO GROUND WATER RESOURCES, IN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)



SECTION 1

PURPOSES AND DEFINITIONS


1.01 PORPOSES -- 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 regulations

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 having a depth of more than

forty (40) feet, 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.







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C. Well Construction -- The producing of any weller-the

alteration or repair thereof.

D. 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.

E. Regulatory Board -- The governing board of the

Regulatory District and its duly designated executive

officers, employees and agents.

F. Gang Well A system where two or more wells are

coupled together with a common header or manifold.








































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SECTION 2


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 certificates shall be valid throughout the

Regulatory District and shall include all approved well con-

struction operations.


2.04 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

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,





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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.

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 application 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 appli-

cant as to his experience 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 re-

gistration will forthwith be issued by the board. Such bond

shall be maintained as a condition to the continued validity

of the registration certificate.





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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 cer-

tificate 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 same continuously

from year to year so long as the registrant maintains 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 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 identification number of the registered well driller

supervising such work.




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2.12 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 certifications shall be displayed adjacent to each

identification number and shall not be transferable.


2.13 SUPERVISION OF WELL CONSTRUCTION -- All well construction

operations shall be performed under the direct and personal super-

vision and in the presence of a registered well driller.

2.14 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 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 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.

G. Failure to apply for registration prior to

beginning drilling operations within the district.



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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 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.


















































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SECTION 3

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 over-development.


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 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 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.


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.











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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 both the owner, lessee, or other person in possession

of the property on which such well is to be constructed and

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

number .of the well driller, the location of the work and the

specifications for the well construction aQw -h P l(


3.06 PERMISSION TO INSPECT -- The application shall also

include a statement granting permission by the owner or other

person in possession for the Regulatory Board, its employees

or agents, to go upon the premises at any reasonable time to

inspect the well, its location, construction and operation.
f.Y ... .. .. .,
3.07 SPECIFICATIONS-- Specifications for construction ooah /9,/ Q

-weNr 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 limited 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 workauthorized by the permit. If no

work is performed a report shall be filed within thirty




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(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 Regulatory Board

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 permit for doing so from

the Regulatory Board.


3.11 NOTICE OF REJECTION, 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 or 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.




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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 acceptable 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 promulgated herein by the Regulatory Board.

(4) Material change of circumstances or conditions

existing at the time such permit was issued.

















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SECTION 4


CIVIL ACTION FOR DAMAGES



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.

















































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*











SECTION 5


PENAL PROVISIONS



5.01 Any person who violates any rules or regulations pres-

cribed herein or any orders adopted or issued pursuant thereto

shall be punished as provided in section 373.241, Florida

Statutes.






























































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SECTION 6


INVENTORY



6.01 PURPOSE -- The Regulatory Board has determined the nec-

essity for.taking and maintaining an accurate inventory of water

sources and uses within the Regulatory District so that it

take 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, 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 regulations. In addition, the

Regulatory Board will 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 contamination.

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.

















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SECTION


APPLICATION FEE SCHEDULE


.01 CERTIFICATE OF REGISTRATION -- No application for a

certificate of registration shall be considered by the Regulatory

Board until the proper application fee set forth below has been

paid:

A. For initial general certificate
of registration pursuant to
section 2.04 C . .$

B. For all other initial
general certificates . .$

C. For renewal of general
certificate . . . $

D. For special certificates
of registration of not
more than 3 months
duration . . . $

E. For special certificates
of more than 3 months
duration . . . $


.02 PERMITS -- No application for a well construction permit

shall be considered by the Regulatory Board until the proper

application fee set forth below has been paid:

A. For wells having a completed
inside diameter of not more
than four (4) inches .. . $

B. of more than four (4) inches
but not more than six (6)
inches .. . . *$

C. of more than six (6) inches
but not more than eight (8)
inches . .. * *$

D. of more than eight (8) inches
but not more than ten (10)
inches .. .. * *$

E. of more than ten (10) inches
but not more than twelve (12)
inches . . * *$










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