Title: Recodification & Renumbered Rules of SWFWMD
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 Material Information
Title: Recodification & Renumbered Rules of SWFWMD
Alternate Title: Speed Letter to Russ Blain and Blain I. Cone re: Recodification & Renumbered Rules of SWFWMD 16J to 40D F.A.C.
Physical Description: 11p.
Language: English
Publication Date: April 9, 1980
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052746
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

Speed Letter, i.
SA F_________________ rom __






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-No. 9 10 FOLD
MESSAGE












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REPLY

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- No .9 FOLD
-No. 10 FOLD

Date Signed

377
WilSonJones RETAIN WHITE COPY, RETURN PINK COPY
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0 197 PIrNdTID 5 U.S.A


















40D-2.311 Competing Applications.

(1) If two (2) or more applications for permits, which

otherwise comply with these rules and regulations and with

any requests and instructions by the Board, are pending for

a quantity of water that is inadequate for both or all, or

which for any other reason are in conflict, the Board shall

have the right to approve or modify the applications in a

manner which best serves the public interest as determined

by the Board.

(2) In the event that two (2) or more competing appli-

cations qualify equally under the provisions of subsection

(1), the Board will give preference to a renewal application

over an initial application.



Specific Authority. 373.044, 373.113, 373.149, 373.171,

373.216, 373.249 FS. Law Implemented 373.2 FS. History -

Readopted 10-5-74. Previously numbered 16J-2.12.































56-




















40D-3.011 Policy and Purpose.

(1) The purpose of this aY is:

(a) To codify, with only slight modification, those

Rules presently contained in Chapter 16 CC, Florida Admini-

strative Code, heretofore promulgated by Southwest Florida

Water Management District (Regulatory). This water regulatory

district was created pursuant to the authority of Chapter

373, Florida Statutes, prior to the enactment of the Water

Resources Act of 1972. Part I of.the existing Rules is set

forth hereinafter as Rules 40D-3.021, -3.041, -3.051, -3.091,

-3.092, -3.101, -3.201, -3.301, -3.321, -3.341, -3.411, -3.451,

and -3.461 3:6-3--r93t3--r04---r39573TT96- 3977---79:7--7-87

-3G--397---3r 7--3 T:3:-3r-:a--3rl37T-37-47-and-3-r-5. Part II of
ol
the existing Rules is set forth as- Rule 40D-.-08-O 16-3738. .

(b) To enforce regulations promulgated by the Department N |

of at Z has rrcS relating to construction standards.

This provision is set forth hereinafter as Rule 40D-3.701

16e-3739.

(2) Policy. It shall be the policy of the Board to

ascertain that all water wells within the District are

located, constructed, maintained, used, and closed, and all

test or foundation holes are constructed, used, and closed

so as to protect the water resources within said District in

accordance with the purposes of these rules and regulations.



Specific Authority. 373.044, 373.149, 373.171 FS. Law

Implemented 373.339 FS. History Readopted 10-5-74.

Previously numbered 16J-3.01, 16J-3.06(1).










78-



















($5,000) made payable io the District and its successors,

with a reputable bondilg corporation authorized to do business

in this State as suret The bond is to be conditioned upon

compliance with the pr visions of the 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 th District. Such bond shall be maintained

as a condition of the continued validity of the registration.

(c) The Board may, in unusual circumstances, such as

when the five thousand' dollar ($5,000) bond may not be

adequate to properly protectt the water resources of the

District, prescribe ary other restrictions and may require

additional qualificat ons and bonds as it deems proper.

(6) Surety bond will be required only from contractors.

The contractor will bi responsible for any and all drillers
in his employ, and hiu, bond will be acceptable as covering

his employees. This Drovision shall not apply to water well
contractors who hold alid licenses issued by the Department

of Natural Resources nd who are required to meet the bond

requirements prescribed by the Department.

(7) Addresses. Each driller and contractor shall keep

the Board advised of the current address of his residence

and of his business at all times. This provision shall not

apply to water well contractors who hold valid licenses

issued by the Department of a3re l-Reqet ant are required

to maintain a current address on file with the Department.

(8) Identification Card. Each registered driller and

each registered driller trainee shall keep his identification

card on his person while drilling and shall display same








89 -


















upon request.

(9) Individual Identification Number. Each registered

driller and each registered driller trainee shall be assigned

a permanent, nontransferable identification number.

(10) Contractor Identification Number. Each contractor

shall be assigned a permanent, nontransferable identification

number to be used in connection with all drilling operations.

License numbers issued by the Department of o

to water well contractors shall be used as identification

numbers in connection with this Rule. Contractor identification

numbers previously issued by the Board to such contractors

shall be voided.

(11) Contractor Records. Each contractor shall keep

accurate records and shall make such records available for

inspection by District personnel at any reasonable time.

These records shall list all water well construction and

test or foundation hole construction operations and such

other hydrogeologic data as the Board may require, together

with the name and individual identification number of the

registered driller supervising the work. The knowledge

pertaining to quantities and values of ore reserves and

estimates prepared in a mineral prospect shall be privileged

information and made available to District personnel only

with the consent of the client or clients of the testing

laboratories.

(12) Marking Vehicles and Equipment. The identification

number of the contractor shall be prominently displayed on

both sides of every service vehicle and drilling rig used in

connection with all construction operations and shall remain








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/ *









40D-3.101 Content of Application.

(1) Permits will only be issued to registered contractors.

(2) To Construct a Water Well. A written application

shall be made on forms furnished by the Board, and shall be

signed by the registered water well contractor responsible

for the work. Such application shall include the name and

address of the property owner, or his agent, on whose property

the well is to be drilled; the name, registration number,

and address of the contractor; the approximate location of

the well, the expected depth, and the specification for well

construction including size(s) of casing to .be used, method

of completion, and method of plugging abandoned well if

necessary.

(3) To Construct Test or Foundation Holes.

(a) A written application shall be made on forms

furnished by the Board, and shall be signed by the registered

test or foundation hole contractor who will be responsible

for the work. Such application shall include the name and

address of the property owner, if applicable, or his agent,

on whose property the drilling is to be performed; the

approximate location of the holes and the number to be

drilled; and specifications as to their construction including

diameter of holes, expected depth, whether or not casing

will be used, and how these holes will be plugged when

abandoned. Where multiple holes will be drilled at one

site, a single permit may be ned

(b) Any contractor or engineering testing laboratory

may, in lieu of submitting applications for permit, furnish

an additional surety bond in the amount of twenty-five








94 -



















any such facility.

(4) 'In applying the emergency measures provided for in

this section, the Executive Director may in an emergency do

any of the following:

(a) Lower the water level by releasing water from any

lake or other impoundment.

(b) Completely empty the lake or other impoundment.

(c) Take such other steps as may be essential to

safeguard life and property.

(5) The Executive Director shall continue in full

charge and control of such facility until it is rendered

safe or the emergency occasioning the action has ceased.



Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.

Law Implemented 373.436 FS. History Readopted 10-5-74.

Previously numbered 16J-4.15, 16J-4.17.


































132-







/











40D-6.011 Policy and Purpose.

(1) The purpose of Chapter 40D-6 Part-6 of these rules

and regulations is to implement the declared water policy of

Southwest Florida Water Management District and the State of

Florida insofar as it relates to the works of the District.

The Southwest Florida Water Management District adopted

Rules relating to protection of the works of the District on

February 20, 1964. The Rules so adopted which are still

applicable are set forth herein. The Rules in this chapter

part are for the protection of the works of the District.

(2) The Governing Board of the Southwest Florida Water

Management District, in discharging its duties and responsibilities.

has committed itself in writing to the Secretary of the Army

to perform the requirements of local cooperation under the

project, "Four River Basins, Florida" (H. D. 585, 87th

Congress, 2nd Session). Among these requirements is the

following:

"In the case of all canals, reservoir outlets, floodways,

and natural streams on which upstream projects works

are provided, the necessary flood-way should be preserved

or the rights thereon secured to permit discharges

which would not cause significant damages under present

conditions of development."

(3) The Southwest Florida Water Management District

owns, maintains, or has accepted responsibility for certain

canals, water control structures, rights-of-way, lakes, and

streams, as well as other works which are specifically named

in this part as "The Works of the District."

(4) The protection of existing works from actions








134 -


















40D-6.331 Modification of Permits.

(1) The Board may reveke-er modify a permit at any

time if it determines that the permitted work or works has

become a danger to the public health or safety or if its

operation has become inconsistent with the objectives of the

District or is in violation of any regulation or order of

the District, or the conditions of the permit.

(2) Before any such reveeatien-er modification, the

Board shall give written notification thereof by registered

or certified mail to all affected persons. Such notification

shall contain a statement of the reasons why the permit may

be reveked-er modified, and a reference to any applicable

District objective, regulation, order, or permit condition.

An affected person may file a written petition no later than

ten (10) days after notice of proposed reveeaoien-er

modification is served for a hearing in accordance with

Chapter 40D-0 Par-8. No permit-shall be ieveked-er modified

before an affected person is afforded an opportunity for a

hearing before the Board. -

(3) If the Executive Director determines that the

danger to the public is imminent, he may order a temporary

suspension of the construction, alteration, repair, or

operation of the work or works until the hearing is concluded,

or may take such action as authorized under Rule 40D-6.451




Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.

61-691, Laws of Fla. Law Implemented 373.084, 373.085,

373.086, 373.103 FS. History Readopted 10-5-74, Amended

12-31-74. Previously numbered 16J-1.11.






149 -


















40D-6.341 Revocation of Permits.

(1) The Board may revoke er-medify a permit at any

time if it determines that the permitted work or works has

become a danger to the public health or safety or if its

operation has become inconsistent with the objectives of the

District or is in violation of any regulation or order of

the District, or the conditions of the permit.

(2) Before any such revocation er-mediieatien, the

Board shall give written notification thereof by registered

or certified mail to all affected persons. Such notification

shall contain a statement of the reasons why the permit may

be revoked er-medifed, and a reference to any applicable

District objective, regulation, order, or permit condition.

An affected person may file a written petition no later than

ten (10) days after notice of proposed revocation er-medifieaiea n

-is served for a hearing in accordance with Chapter 40D-

Par-G. No permit shall be revoked er-medified before an

affected person is afforded an opportunity for a hearing

before the Board.

(3) If the Executive Director determines that the

danger to the public is imminent, he may order a temporary

suspension of the construction, alteration, repair, or

operation of the work or works until the hearing is concluded,

or may take such action as authorized under Rule 40D-6.451





Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.

61-691, Laws of Fla. Law Implemented 373.084, 373.085,

373.086, 373.103 FS. History Readopted 10-5-74, Amended

12-31-74. Previously numbered 16J-1.11.






150 -



















40D-6.481 Remedial and Emergency Measures.

(1) Upon completion of any inspection provided for by

Rule 40D-6.461(3) 16C-1-79+33), the Executive Director shall

determine what alterations or repairs are necessary, and

order that such alterations or repairs shall be made within

a certain time, which shall be a reasonable time. The owner

of such work or works shall be served with the order to make

such alterations or repairs. The owner of such work or

works may file a written petition within ten (10) days after

such order is served for a hearing before the Board in

accordance with Part 4. If, after such order becomes final,

the owner of such work or works shall fail to make the

specified alterations or repairs, the Board may in its

discretion, cause such alterations or repairs to be made.

(2) Any cost to the District of alterations or repairs

made by it under the provisions of subsection (1) of this

section shall be a lien against the property of the landowner

on whose land the alterations or repairs are made until the

Board is reimbursed, with reasonable interest and attorney's

fees, for its costs.

(3) The Executive Director, with the concurrence of

the Board, shall immediately employ any remedial means to

protect life and property if either:

(a) The condition of any work or works is so dangerous

to the safety of life or property as not to permit time for

the issuance and enforcement of an order relative to its

maintenance .or operation; or

(b) Passing or imminent floods threaten the safety of

any work or works.







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