Title: Rules of the SWFWMD, referring to scrivener's errors in the originals
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 Material Information
Title: Rules of the SWFWMD, referring to scrivener's errors in the originals
Alternate Title: Letter from Russell M. Blain to Ms. Liz Cloud re: Rules of the SWFWMD, referring to scrivener's errors in the originals, but corrected in the final scannable version. Additional errors need to be corrected in both of the final scannable and printed versio
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 86
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052820
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




LAW OFFICES
BLAIN & CONE, P. A.

L. M. BLAIN 202 MADISON STREET
THOMAS E. CONE, JR. April 25, 1980 P.O. BOX 399
RUSSELL M. BLAIN TAMPA, FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK
222 SOUTH MONROE STREET
P. 0. BOX 10449
TALLAHASSEE, FLORIDA 32301
(904) 222-0960
Ms. Liz Cloud, Chief
Bureau of Administrative Code
Department of State REPLYTO Tampa
1802 The Capitol
Tallahassee, Florida 32301

Re: Rules of the Southwest Florida Water
Management District

Dear Liz:

You may recall that, while I was in your office on April 8, 1980,
we corrected certain scrivener's errors in the letter-size version
of the SWFWMD rules. Although we made these changes in the final
scannable version, the scrivener's errors remain in the legal-size,
coded version.

I therefore am enclosing two copies each of replacement page
numbers 78, 89, 90, 132, 134, 149, 150, and 154. These pages
should be substituted for the corresponding page numbers in the
two coded sets. These changes, however, are already reflected in
the scannable version that you have.

We found two additional minor scrivener's errors that need to be
corrected both in the final scannable version and in the coded
version. These two changes are as follows:

1. In Rule 40D-2.311, the section of Florida Statutes listed as
the law implemented should be changed to 373.233.

2. In Rule 40D-3.101(3)(a), the last word of the paragraph should
read "issued," not "used."

Please make these two changes in the final scannable version. I
am enclosing copies of the rule as corrected to show how it should
appear in final scannable form.

I also am enclosing two copies each of replacement pagenumbers 56
and 94 for the legal-size, coded version to reflect these changes.









Ms. Liz Cloud, Chief
April 25, 1980
Page Two


As you know, the watershed basin boundary descriptions in Rule
16J-0.03 (Rule 40D-0.061 under the new numbering scheme) were
not forwarded to you in scannable form. No revisions have been
made in those descriptions by the Governing Board since publica-
tion of the most recent supplement to the Florida Administrative
Code. It has been our understanding, therefore, that the magnetic
tape from which the current rules were published could be used to
produce scannable copy.

In reviewing those descriptions, however, we found in subsection
(10) of Rule 16J-0.03 (Rule 40D-0.061) one series of lines set
out of place, one series of lines from old descriptions that were
deleted, and one dropped line. We therefore are enclosing two
marked copies of pages 10 and 10A of the existing rules to show
the corrections that need to be made.

Please let me know if any of the needed changes are not clear.
We appreciate your attention to these corrections.

Sincerely yours,

/s/ RUSSELL M. BLAIN

Russell M. Blain

RMB/mb
Encl. replacement pages
cc: Jay T. Ahern, Esquire

bcc: LMB











4UD-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, 373.171,
373.216, 373.249 FS. Law Implement 373.233 S. History -
Readopted 10-5-74. Previously numbeed 1-2.12.



































40 -










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 holj wU]1 be drilled at one
site, a single permit may be sued.
(b) Any contractor or e'igireTring testing laboratory
may, in lieu of submitting applications for permit, furnish
an additional surety bond in the amount of twenty-five
thousand dollars ($25,000) acceptable to the Board to insure
the Board against any infractions of the District rules and
regulations or orders. The Board, may in unusual circumstances,
such as when the twenty-five thousand dollar ($25,000) bond
may not be adequate to properly protect the water resources
of the District, prescribe any other restrictions and may
require additional qualifications and bond as it deems
proper.
(c) A special completion report and log on any hole
which may have inadvertently become a water well will be
required as set forth in Rule 40D-3.411(3).
(4) Specifications. The specification for construction
as set forth in the written application, if approved, shall
be contained in the permit issued by the Board and construction
shall be performed in accordance with such specification.
Any deviation therefrom shall only be made after written
permission is received from the Board.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.07.



68 -





R 04/15/80











40D-3.011 Policy and Purpose.

(1) The purpose of this chapter part 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 6-3-r --3---Q45----rQ7---r- 6r---- 797---- T--- 87

-3-re997T----8T----7-3---737--- 7-T=47--and-36. Part II of

the existing Rules is set forth as Rule 40D-2.801 164-33e7.

(b) To enforce regulations promulgated by the Department

o environmental Regulation NaCral-Reseuree relating

to constrfion ..tdars. This provision is set forth

hereinafter as Rule 40D-3.701 16J-3a0.

(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-





R 04/15/80











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

with a reputable bonding corporation authorized to do business

in this State as surety. The bond is to be conditioned upon

compliance with the provisions 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 the 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 protect the water resources of the

District, prescribe any other restrictions and may require

additional qualifications and bonds as it deems proper.

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

The contractor will be responsible for any and all drillers

in his employ, and his bond will be acceptable as covering

his employees. This provision shall not apply to water well

contractors who hold valid licenses issued by the Department

ofBrlTronmental Regulation NaHeural-Reseuyees and 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 environmental Regulation Natural

Resettees------ and 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 -






,- r" R 04/15/80











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 environmental

,Reuation Natraul-Resedrees t water well contractors shall

"-be-ed as identiialon 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





R 04/15/80











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, 373.439 FS. History Readopted

10-5-74. Previously numbered 16J-4.15, 16J-4.17.



































132 -






S R 04/15/80











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-





R 04/15/80











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 reveeatien-er

modification is served for a hearing in accordance with

Chapter 40D-1 ParC-g. No permit shall be reveked-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 -


_~






S ^ R 04/15/80











40D-6.341 Revocation of Permits.

(1) The Board may revoke ev-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-medfeati fn, 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-medifled, 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-medifieeaie

is served for a hearing in accordance with Chapter 40D-1

Part-g. No permit shall be revoked e?-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 -






r ^ R 04/15/80











40D-6.481 Remedial and Emergency Measures.

(1) Upon completion of any inspection provided for by

Rule 40D-6.461(3) 164-179+3)+, 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 Chapter 40D-1 Part-8. 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.






154 -





R 04/15/80











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 373.233 FS. History -

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

































56 -


I .. .. .. :





R 04/15/80











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 issued.

(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 -


















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