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 with Particular Reference to Ground Water in SWFWMD. Draft No. 5,
Physical Description: 14p.
Language: English
Publication Date: April 8, 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 58
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051369
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















(RoPegulator and the formation of the Hydrolog Divi sion, the ..LO.HyP1, Crolov
















beneficial utilization, development and conservation of the water anagemresources oftrict
Regulator ) and the formation of the dogy Divisin, th Hydrolgy








Divithe SWFWMD (R) in the best intsibilirest of all its people Rulesand to prevent thwaste



and unreasonable use of said resources.


Pursuant to these purposes, Rules and Reguegulations are hereby established to
beneficial utilization, of waternt asnd conditionservation of the water resources of
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B. St S f where() in the best interest of all itshe popublic woulan d bpreve served;







adC. Preservonabe usthe of said interest of the pubs.c and affected ater users.



Pursuant to these purposes, Rulues and Regulations arehave been established nder the authority granted:
L4ala<^ sv-i^ Cc^-lr^^ ffvu^rJl nufr^ ^in Chpi^r]73 ar











through Chapter 373, lorida Sttutes, acond itiilns warrant;os


B.also applicable here the est interests of the publi Oudin.e served;



















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SECTION 1

WELL CONTRACTOR REGISTRATION




1-01. REGISTRATION REQUIRED: No person, firm or corporation shall con-


struct a vatcr well or offer to perform services as a water well contractor or


construct other holes or well/ such as core holes, seismic holes, stratigraphic


test holes, drainage wells, recharge wells and disposal wells within the South-


west Florida Water Management District (Regulatory) unless he holds a valid


certificate of registration as a we.ll contractor issued by the SWFWMD (R).



1-02. REQUIREMENTS FOR REGISTRATION: An applicant for registration


must apply in writing on the form provided by SWFWMD (R). Prior to issuing


notification of eligibility for registration, SWF WMD (R) requires that the appli-


cant must:


A. Give at least two references, both of whom must be well contractors


with at least two years experience each, and who know the applicant's


ability to perform the work of a well drilling contractor; and must be


persons of good repute, knowledgeable and must have know-n the applicant


for at least three years.


B. Give in detail his record of experience in the construction of wells.


The applicant must have a minimum of two years of experience working


on the drilling and construction of wells, either as a driller or a driller' s


helper.


C. Demonstrate by performance, interview, or examination as mnay be


required by SVWF\VMD (R) that he is com-petent and qualified [c,- -ri--


the business of well dr-illing. i i .. g ,

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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 necessary


forms required and requested by the SWFWMD (R).


E. Demonstrate knowledge of elementary geology, hydrology and sub-


jects related to water well drilling.



1-03. GRANDFATHER CLAUSE: A practicing well contractor having a minimum


of five years of successful and ethical experience in his field of work prior to


and who has filed by a record of
(effective date) (effective date)

experience and background with the SWFWMD (R), on a form prepared for such


purpose, may upon application be notified of his. eligibility for registration by


the SWFWMID (R) without meeting the requirements of Section 1-02.



1-04. QUALIFYING FOR REGISTRRATION: After application for registration


has been submitted, the SWFWMD (RI) 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 Florida as Surety, to the SWFWMD (IR) in the principal sum of five-


thousand dollars ($5,000. 00) to assure compliance with these Rules and

RIegulations in protecting the water resources of the SWFWMD (R).



1-05. SUBMISSION OF APPLICANTS: An application for an initiall o-Tiw--"--"


certificate of registration shall be made on the form prescrib d a-rtl}j'o!v,^ i[


by the SWF'WMD (I).









1-06. EXPIRATION AND RENEWAL OF CERTIFICATE OF REGISTRATION:


All certificates of registration issued under this section shall expire on the first


day of January next following the date of issuance. A certificate of registration


may be renewed for an ensuing year by making application on the form prescribed


at least 30 days prior to the expiration date of the current certificate.



1-07. MARKING VEHICLES AND EQUIPMENT: It is the duty of all registered


well contractors to see that all water well drilling rigs, trucks and other vehicles


used by them or their employees in the well construction business, are marked


with legible visible identification numbers at all times.


A. The identification number to be used on the water well rigs shall be


the registration number of the well contractor responsible for the well


construction operations prefixed with SWFWMD (R) Reg. No.


B. The registration number shall be displayed/on each side of every


water well rig and other construction-related vehicles in numerals of


not less than two (2) inches high. Such numerals shall be a part of a


decalcomania issued by the SWFWMD at the time the contractor's regis-


tration is granted.


C. Any registered well contractor may have his certificate of regis-


tration revoked or suspended for failing to mark his water well rigs as


provided herein.



1-08. SUPERVISION OF WELL DILLING AND CONSTPJUCTION: All opera-


tions of well construction shall be under the supervision of a registered well







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1-09. IDENTIFICATION NUMBER: The identification number of each registered


contractor shall remain the same continuously from year to year.



1-10. GROUNDS FOR REFUSAL, SUSPENSION OR REVOCATION OF CERTI-


FICATE OF REGISTRATION: The SWFWMD (R) 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. Willfulldisregard or violatfen/// this article or y1 any rule or regula-


tion promulgated by the SWFWWMD (R) pursuant thereto; or ///any law of


the State of Florida relating to water )vfat ;


D. Willfully aiding or abetting another in the violation of this article or


any rule or regulation promulgated by the SWFWMD (R) pursuant thereto;


E. Gross incompetency in the performance of the work of a water well


contractor; and


F. Allowing the use of his license by an unlicensed person.



1-11. REFUSAL, SUSPENSION OR REVOCATION OF CERTIFICATE OF REGIS-


TRATION:


A. In case of refusal, suspension or revocation of certificate of registra-


tion the person, firm or corporation concerned will be notified by registered


mail.


B. In case of adverse action the person, firm or corpo -i;- r c_:=z^.^


may file written notice of intent to appeal to the District Govj ...


within thirty days from his receipt of notification.
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1-12. CERTIFICATE OF REGISTIRATION: A certificate of registration shall


not be transferable or assignable.



1-13. PENAL PROVISIONS: Any person, firm or corporation who violates any


of the Rules and Regulations of SWFWMD (R) will be. punished as provided in


Chapter 373, Florida Statutes.





































































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SECTION 2

PERMIT TO DRILL




2-01. APPLICATION FOR PERMIT: Every registered well contractor must


submit in writing to the SWFWMD (R), on forms to be provided by the SWFWrMD


(R), an Application for Permit to Drill Well, hereinafter referred to as the


" Application.', for each and every well, test hole, or group of test holes which


the contractor is intending 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 a water well whose final


inside nominal diameter is 3 inches or larger. An Application filed by any


person other than a SWFWMD (R) registered well contractor will not be accepted.



2-02. SUBMITTING APPLICATION: The Application must be submitted to the


SWFWMD (R). No drilling or well construction work shall be started until the


Application has been approved by the SWFWMD (R) and a Permit to Drill has


been received by the contractor. Copy of such permit must be prominently dis-


played by the contractor at the site of the hole or well during the entire opera-


tion of constructing, testing and completing the hole or well.



2-03. APPLICATION INFORMATION: All items and information on the Appli-


cation form must be legibly completed and the Application must be signed by


the contractor. If all items and information required are not furnished; the


Application form will be returned to the contractor without approval.



2-04. PERMIT T.O DRILL: "U n.




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A. Copy of the Permit to Drill must be prominently displayed by the


contractor at the site of the hole or well during the entire operation of


constructing, testing and completing the hole or well.


B. A Permit to Drill may be transferred to another registered well


contractor with written application to and written approval from the


SWFWMD (R).



2-05. AUTHORITY GRANTED BY PERMIT TO DRILL: A Permit to Drill


shall constitute authority to a registered well contractor to drill a hole or well


providing the following conditions are satisfied:


"A. The hole or well is constructed by a registered well contractor;


B. The hole or well is constructed in accordance with the information


furnished 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; and


D. The Contractor must also comply with all local and State Laws,


Rules and Regulations relating to hole and well construction.



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 extended by the SWFWMD (R), upon v.ritten application by the contractor.



2-06. TEST -IOLES: Any number of test hl]

owner using one Permit to Drill, subject to the following con iti'--









A. All exploratory drilling under one Permit to Drill must be done on


a single parcel of property for a single owner or under a single contract;


B. Each and every test hole must be constructed, sealed and abandoned


in accordance with regulations and other special requirements of the


SWFWMD (R).


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.


In the construction of test holes, the contractor must also comply with all local


and State Laws, Rules and Regulations relating to hole and well construction.



2-07. PERMITS FOR REWORKED WELLS: If an old well needs to be recon-


structed to a greater depth than the original drilling or if its diameter is


changed, a new Permit to Drill must be obtained from the SWFWvMD (R).



2-08. NOTICE OF REJECTION: The SWFWMD (R) shall issue a Notice of -


Rejection whenever it finds 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 permit approval of the Application; and


B. Be served upon the a-plicant or his n'ent by Registered Mail.


C. In case of adverse action, the person, firm or co por I









may file written notice of intent to appeal to the District Governing


Board within thirty days from receipt of notification.



2-09. PENAL PROVISIONS: Any person, firm or corporation who violates


any of the Rules and Regulations of the SWFWMD (R) will be punished as pro-


vided in Chapter 373, Florida Statutes.



























































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SECTION 3

WELL AND HOLE CONSTRUCTION



3-01. DEFINITION: When appearing in these Rules and Regulations, the


following words shall 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;


B. A hole is defined as an excavation used for purposes other than


development or recharge of water, or the disposal of waste waters,


or the control of lake levels; such uses include, but are not necessarily


restricted to the following: core holes, seismic holes, and stratigraphic-


test holes.


C. Construction is defined as the necessary acts required to effectively


place a man-made hole in the ground through which water may be made


to pass to or from an aquifer, including the location and excavation of


the hole but not including installation of pumps and related equipment..



3-02. POLICY: The SWFWMD (R) policy shall be to ascertain that all wells


and holes drilled within SWFWMID shall be so constructed, maintained and


used that the ground-water resources of the Distr'ict are protected from over-


development, contamination and v/a st e.



3-03. CONSTRiUCTION METH ODS: Wells or holes may be excavated by

drilling, coring, boring, -washing., jettirn driving or digging and must e so



constructed, cased, icicnnltcd, pluied and capped as ray be reaire U

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SWFWMD (R) 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 o, o b-tc --e c as-Zi^^ b^ por- 4,al/



3-04. PENAL PROVISIONS: Any person, firm or corporation who violates


any of the Rules and Regulations of the SWFWMD (R) will be punished as pro-


vided in Chapter 373, Florida Statutes.




















































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SECTION 4

WELL AND HOIE INVENTORY




4-01. NEEDS AND PURPOSES: The rapid population increase within the


District, with resultant increase in all manners of use and abuse of water sup-


plies, is resulting in water-supply problems of serious importance. Among


these are salt-water encroachment, progressive lowering of the water table,


of lake levels, and of the potentiometric surface of the waters in the artesian


systems. These results, and others relating to ever greater development of


the groundwater resources of the District, will likely require increasing


degrees of careful management in order to assure the continuing availability


of water for all manner of human uses. It may even result in the pro rata use


of water. Section 4 will serve as a base for establishment of legal claim for


water use by owners.


A. In order to manage anything it is necessary to know all about the


subject or object to be managed. Groundwater does not occur mysteri-


ously or capriciously but in accordance with natural laws that are quite


well understood by persons skilled in hydrogeology or ground.c..ter


hydrology and hydraulics.


B. The first step in developing an understanding of local and regional


hydrogeology and groundvaiter h.ydrology and. hydraulics is to pr: --.i_,re


an up-to-date, accurate, and as nearly. complete as possible accounting


of all wells and other holes in the- or-ound in order to nov,, !ri.,'/Qi r 1


of access to the acquifers exist, ... L. t i



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C. The second step is determining how much water is available, and


where, for ultimate development; the quality of this water; and how much


is currently developed and used consumptively.



4-02. INVENTORY: The inventory will be made either by employees of this


District or by persons of other agencies cooperating with the District. Infor-


mation is to be supplied voluntarily by landowners and will, as mentioned in


4-01, become the basis for legal claim to water use by prior development and r,'oo^ C


use.


A. Wells and holes of 3-inch diameter or larger are the only excava-


tions to be inventoried unless, with subsequent increase in water with-


drawals and resultant lowering of water levels or increase of salt-water


encroachment, SWFWMD (R) may determine a necessity to inventory


wells and holes of smaller diam eter.


B. Records of wells and holes to be inventoried will be permanently


filed at SWFWnMD (R) and records will be open to public inspection by


interested persons during regular office hours.


C. All wells and holes inventoried will be assigned unique numbers


and will be plotted on maps for permanent reference and location.


D. As needed, samples of water will be withdrawn from inventoried


wells and levels of water will be measured. Such information will


establish a "baseline" for" future refe rence in ca se that data is needed


to support law cases, damage suits or other action; s at law relating


to deleterioul s changes i;n quaiit- of groiin.c,-/,.,.'a\ter supp: l.s 01 ol .i t^i, *.'.




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