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PROPOSED RULES AND REGULATIONS FOR THE DEVELOPMENT,
CONTROL, CONSERVATION AND USE OF WATER RESOURCES, WITI
PARTICULAR REFERENCE TO GROUND WATER RESOURCES, IN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULAT ORY)
PURPOSES AND DEFINITIONS
1'. 01 PURPOSES: The purposes of these rules and regulations are to implement the
declared water policy of SWFWMD (R) and the State of Florida by effecting the maxi-
mum beneficial utilization, development and conservation of the water resources of
the SWFWiMVD (R) 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: These rules and regulations are established under authority
granted through Chapter 373, Florida Statutes, and all definitions in Chapter 373 are
applicable here. Supplementary thereto, when appearing in these rules and regula-
tions, the following words mean:
A.' A well is defined as an artificial hole in the ground through means of
which water may be withdrawn from an aquifer or recharged to an aquifer;
thus, this definition also includes some kinds of holes that may be drilled
for other purposes, such as core holes, seismic holes and stratigraphic
test holes. These holes, which are drilled for other purposes than water
wells, may perform, without the intent of doing so, the functions of a
water well. Accordingly, in these rules and regulations, such holes are
considered to be wells.
B. Hereinafter the term "well" will be used to include all holes that con-
ceivably m_.ay f:iunction, as we41ls, and core-hole driers, seismic test
drillers, stratigraphic test drillers, and others of like or similar opera-
tions, xvill be referred to as "drillers! .
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C. Construction is defined as the necessary acts required to effectively
place a man-made hole in the ground through which water maybe made to
pass to or from an aquifer, including the location and xcavationr of the hole
but not including installation of pumps and related equipment.
D. Homeowner's domestic supply wells of less than 3-inch diameter are
generally excluded from consideration in these rules and regulations. How-
ever, in areas where salt-water encroachment problems are occurring, or
in areas where the Southwest Florida Water Management District (Regula-
tory) determines that the aquifer is becoming seriously overdeveloped, it
"". .i may be necessary, for protection of the resource and the related land and
IN. surface-water resources, to declare new wells in such areas as requiring
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.^ .^ii ^"J drilling permits prior to construction.
WELL -DRILLING CONTRA CTOR REGISTRATION
2. 01 REGISTRATION REQUIRED: No person, firm or corporation shall construct
a well or offer to perform services as a water-well drilling contractor, or construct
other holes or wells which may affect the quality and quantity of the water resources,
such as core holes, seismic holes, stratigraphic test holes, recharge wells, drain-
age wells, and disposal wells within the SWFIWMD (R) unless he holds a valid certi-
ficate of registration as a well-drilling contractor issued by the SWFWMD (R).
2. 02 RIEQUIREMENTS FOR REGISTRATION: An applicant for registration must
be a practicing well-drilling contractor or driller of core holes, stratigraphic test
holes, seismic holes and the like. He must apply in writing, by mail if desired,
on the standard form provided by SWFWMD (R). Prior to issuing notification of
eligibility for registration, SWFWM] D (R) requires that the applicant must:
A. Give at least twvo references, both of whom must be well-drilling con-
tractors with at least two years experience each, and who know the appli-
cant's ability to perform the work of a well-drilling contractor; and must
be persons of gceed repute, knowledge able and must have known the appli-
cant for at least three years.
B. Give in detail his record of experience in the construction of wells.
The applicant either must have a minimum of tvwo years of experience
working on the drilling and construction of wells, either as a driller or
a driller's helper, or be able to demonstra te satisfactorily his practical
knowledge and capability in actual well-drilling operations.
C. Demonstrate by performance, interview, or examination as may be
required by SWFWMD (R) that he is competent and qualified to engage
in the business of well drilling.
D. Demonstrate knowledge of the rules and regulations governing well
drilling and construction within the SWFWMD (R). The applicant must
furnish proof that he can properly complete and comprehend the neces-
sary forms required and requested by the SWFWMD (R).
E. Demonstrate knowledge of elementary geology, hydrology and sub-
jects directly related to water-well drilling.
2. 03 GRANDFATHER CLAUSE: A practicing well-drilling contractor having a mini-
mum of five years of successful experience in his field of work prior to
and who has filed by a record of experience and
date' (effective cdate
background with the SWFWMD (R), on a form prepared for such purpose, may upon
application be notified of his eligibility for registration by the SWF]WMD (R) without
meeting the requirements of Section 2. 02.
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2. 04 Q -yMFYINGCFOR .RP-EGIST1RATICT": After application for registration has
been submitted, the SWVFW^^i^; shall:
A. Notify each applicant of his eligibility for registration; and
B. Upon receipt of notification of eligibility, the applicant shall submit,
on forms made available by the SWFWMD (R), a bond executed by the
applicant, as principal, and Surety Company authorized to do business
in Florid as Sur-et., to the SWFWMD (R) in the principal sum of five--
thousand dollars (55, 000. 00) to assure com pliance vic h these rules and
regulations in protecting the water resources of the SWFWMD (,).
2. 05 SUBMISSION OF APPLICANTS: An application for an initial or renewal
certificate of registration shall be made on the form prescribed and provided by the
2. 06 EXPIRATION AND RENEWAL OF CERTIFICATE OF REGISTRATION: All
certificates of registra-tion issued under this section.shall expire as of midnight on
the thirtieth day of June next following the date of issuance. A certificate of regis-
tration may be renewed for an ensuing year by making application on the form pre-
scribed at least 30 days prior to the expiration date of the current certificate.
2. 07 MARKING VEHICLES AND EQUIPMENT: It is the duty of all registered well-
d'rilling contractors to see that all drilling rigs, trucks and other vehicles used by
them or their employees in the construction of wells of three inches diameter or
larger, are marked with legible, visible identification numbers at a21 times.
A. The identification number to be used on the well rigs shall be the
registration number of the well-drilling contractor responsible for the
well construction operations prefixed with SWFWMD (R) Reg. No.
B. The registration number shall be displayed prominently on each side
of every rig and other construction-related vehicles in numerals of not
less than two (2) inches high. In addition, a decalcomania issued by the
SWFWMD (R) at the time'the contractor's registration is granted shall
be displayed adjacent to the registration numbers.
SC. Any registered well-drilling contractor jaXy have his certificate of
i lf registration revoked or suspended for failing to mark his water well rigs
as provided herein.
2. 08 SUPERVISION OF WELL DRILLING AND CONSTRUCTION: All operations of
well construction shall be under the/supervision of a registered well-drilling contractor.
2. 09 IDENTIFICATION NUMBER: The identification number of each registered
well-drilling contractor shall remain the same continuously from year to year.
2. 10 GROUNDS FOR REFUSAL, SUSPENSION OR REVOCATION OF CERTIFICATE
OF REGISTRATION: The SVWFWMD () may refuse to issue or renew or may sus-
pend or revoke, a certificate of registration on any one or more of the follo-ving
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
JOlA A ".
herein by the ..W-F-W.V4D 1R.
D. Willfully aiding or abetting another in the violation of this article or
any rule or regulation promulgated by the SW-FWIM--I4A)l pursuant theretoi
E. Gross incompetency in the performance of the work of a well-drillingC
F. Allowing the use of his registration by those who do not hold a certi-
ficate of registration# wam
G. Failure to apply for registration prior to beginning drilling operations
2. 11 REFUSAL, SUSPENSION OR REVOCATION OF CERTIFICATE OF REGIS- / "-
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TRATION: .. .
A. In case of refusal, suspension or revocation of certificate of registra- ./ /Ai
SIn case of advertion the person, firfirm or corpoorcorporatiationn concerned will be notified by regis-
ma file written notice of intent to appel to the SFWD (R), ie
Box 457, Brooksville, Flo-ida 33512, within thirty days from receipt of
^ tered m ail. -/' ^*, "". \'^; ^^'- .-,;Li- :,
B. In case of adverse action the person, firm or corporation concerned ;'. s
may file written notice of intent to appeal to the SWFWMD (R), Post Office
C. Hearing on said appeal shall be held by the. SWFWMD'(R) within 60
Says of receipt of appeal; said hearing will be governed by the rules pre-
scribed in Part II, Chapter 120, Florida Statutes. ./' *'^'-t-
2. 12 CERTIFICATE OF REGIST1ZATION: A certificate of registration shall not be
transferable or ?as sign-able.
2. 13 PENAL PROVISIONS: Arny person, fir-: o corporation who violates any of
the rules and regulations or orders a-dopted or issued pursuant thereto by SWF\WMD
(R) is guilty of a misdemeanor and upon conviction shall be subject to punish:.ntent
not exceeding six months in jail or a fine not exceeding $500, or both, as provided
in Chapter 373, Florida Statutes.
PERMIT TO DRILL
3. 01 APPLICATION FOR PERMIT: Every registered well-drilling contractor
must submit in writing to the -WFWI D (R-, on forms to be provided by the SWfWMD
an application for a well-drilling permit, hereinafter referred to as the "appli-
cation", for each and every well whose final inside nominal diameter is 3 inches or
larger, and for each test hole or group of test holes which the contractor is intend-
ihg to drill or construct within the SWFWMD (R), whose final inside nominal diameter
will be 3 inches or larger. An application must also be submitted for the enlarging
or deepening of each well of 3-inch diameter or larger. An application filed by any
"!-. / person other than a SWFtWMD (R) registered well-drilling contractor will not be
3. 02 SUBMITTING APPLICATION: The application must be submitted to the
SWFWMD (R). No drilling or well construction shall be started until the applica-
tion has been received by the SWFWMD (R) and a permit to drill has been received
by the contractor. Copy of such permit must be prominently displayed by the con-
tractor at the site of the hole or well during the entire operation of constructing,
testing and completing the hole or well.
3.03 APPLICATION INFORIMATION: All pertinent items and information on the
application form must be legibly completed and the application must be signed by
the SWFWMD (R) registered well-drilling contractor. An incomplete application
form may be returned to the well-.drilling contractor without approval.
3. 04 USE OF PERMIT TO DRILL: ..,
A. Copy of the permit to drill must be prominently displayed by the well-
drilling contractor at the site of the hole or well during the entire opera-
tion of constructing, testing and completing the hole or well.
B. A permit to drill may be tran-sferred t.o another registered well-
dri"lling contractor with vrtten a application' to and rin approval from
the SWF'WMD (R).
3. 05 AUTHORITY GvALNTED BY PERMIT TO DRILL: A permit to drill shall
constitute authority to a SWFWMID (R) registered well-drilling contractor to drill
a hole or well providing the following conditions are satisfied:
A. The hole or well is constructed by a registered vwell-drilling contractor;
B. -The hole or well is constructed in accordance with the information fur-
nished on the application;
C. Samples, logs, and other materials or information as required by the
SWFWMD (R) are obtained and submitted to'the SWFWMD (R) as specified;
D. The contractor must also comply with all local and state laws, rules
and regulations relating to hole and well construction. '
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A permit to drill is valid for a period of one year from the date of issuance by the
SWFWMD (R). Permits shall be void after one year, unless the time limit is ex-
- .tended by the SWFWMD (R), upon written application by the contractor.
3. 06 TEST HOLES: Any number of test holes may be constructed for one owner
using one permit to drill, subject to the following conditions:
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A. All exploratory drilling under one permit to drill must be done on a /- ,/- i
single parcel of property for a single owner or under a single contract; -;,
B. Each and every test hole must be so constructed, sealed and abandoned
as to prevent waste of water, pollution or contamination of the water re-
sources, or circulation of water by means of the borehole from zones of
higher hydraulic head to zones of lower hydraulic head.
C. In the exploration for water, a test hole that is found to produce the
desired amount of water may be converted to a production or observation
well, provided a permit for doing so has been obtained from the SWFWMD
(R). If required by the SWFWMD (R), another application must be filed
and another permit to drill must be approved before the conversion.
D. In the construction of test holes, the contractor must also comply
with all local and scate laws, rules and regulations relating to hole and
3 07 PEL I ,TS FOP REWO-IKED WELf _LS: If an old vwell needs to be reconstructed
to a greater depth than the original drilling or if its diameter is changed, a new
permit to drill must be obtained from the SWFWMD (R).
3. 08 NOTICE OF REJECTION: The SWFWMD (R) shall issue a "Notice of Rejec-
tion" whenever it determines that an application fails to meet the requirements for
issuance of a permit to drill as hereinabove provided. Such notice shall:
A. State the grounds for the rejection, and may state any remedial action
which, if taken, will effect compliance with these rules and regulations
and thus allow approval of the application; and
B. Be served upon the applicant or his agent by registered mail.
C. In case of adverse action, the person, firm or corporation concerned
may file written notice of intent to appeal to the District Governing Board
within thirty days from receipt of notification.
3. 09 PENAL PROVISIONS: Any person, firm or corporation who vic-' \tes any of
the rules and regulations or orders adopted or issued pursuant thereto by the
SWFWMD (R) is guilty of a misdemeanor and upon conviction shall be subject to
punishment not exceeding six months in jail or fine not exceeding $500, o-r both,
as provided in Chapter 373, Florida Statutes.
WELL AND HOLE CONSTRUCTION
4.01 POLICY: The SWFWMD (R) policy shall be to ascertain that all wells and
holes drilled within SWFWMD (R) shall be so located, constructed, maintained
and used that the g^^^w-vwater resources of the District are protected from over-
development, contamination and waste.
4. 02 CONSTRUCTION METHODS: Wells or holes may be excavated by drilling,
coring, boring, wvashing, jetting, driving or digging and must be so constructed,
cased, cemented, piugged and capped as to prevent the escape of Vwater to vaste
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 v.ater from either surface or underground sources.
4. 03 PENAL PROVISIONS: Any person, firm or corporation who violates any of
the rules and regulations or orders adopted or issued pursuant thereto by the
SWFWMD (R) is guilty of a misdemeanor and upon conviction shall be subject to
punishment not exceeding six months in jail or fine not exceeding $500, or both,
as provided in Chapter 373, Florida Statutes, :. r
VE.iLL, HOLE AND WATER-USE INV ENTRY
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5.01 PURPOSES: The rapid population increase within the District with/resultant '
increase in all manners'of uses of water necessitates an inventory of water develop ..
ments and uses, .
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5. 02 INVENTORY: The inventory will be-rhade of all wells a.znd holes within the" ,.'
,exceed `.0 ii.s in diameter. .ill 'be inve trr i P( nt -.rs "r
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bondaFreTs ofSWFWMDhe r)p on within where- the District neiersesayTh *
inventory will be upd ated to maintain current knowledge of the watere-resource ; /" /-
developm ents and uses. --^- .W .
A. Wells and holes of 3-inch diameter or larger, but normally not to
. -" exceed 60 inches in diameter, will be inventoried in those areas where
- "- SWFWMD ( R) deems it necessary.
erB. All persons, firms aori corporations nowningee wells or holes of 3-inch
Diameter or greater, but generally not exceeding 60 inches, are here- t
concern insg ow ned wells or holes and furnish the data required, such as
quantities of water produced (if a supply well), or of quantities and
quality characteristics of liquid disposed into the underground (if a dis-
posal well), or quantities and quality characteristics of water drained
into the underground (if a drainage well). Or, if owner cannot furnish
the required data, he must allow, where practicable, SWFWM4D (R) offi-
cers or other d vly a_..:.ori zed a.2ents to i]?spect the vc;l-,s or :,.oles i]r
question and obtain the desired information, data and, when needed, water
samples. It is not the intent of SWVFWM:!D (R).to inrventory all existing
wells of 3-inch diameter or greater within the District, but only those
in areas that warrant close surveillance or strict control because of
such problems as overdevelopment, salt-water encroachment, or pollu-
tion and contamination. However, all new wells will be inventoried as
permits are requested and granted.