Title: Legislation 1988 Ch. 88-393 Section 5 amending Part III of the Water Resources Act of 1972 relating to well construction
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 Material Information
Title: Legislation 1988 Ch. 88-393 Section 5 amending Part III of the Water Resources Act of 1972 relating to well construction
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Legislation 1988 Ch. 88-393 Section 5 amending Part III of the Water Resources Act of 1972 relating to well construction Laws of Florida
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 66
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00000967
Volume ID: VID00001
Source Institution: Levin College of Law, 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


Legislation 1988

Ch 88-393 Section 5 amending Part III of the
Water Resources Act of 1972 relating to well
construction.







CHAPTER 88-393 LAWS OF FLORIDA CHAPTER 88-393

3. Restoration or replacement of contaminated private potable
wells or water systems.

4. Response actions carried out pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA).

5. Other response actions carried out or authorized by the
department.

6. Other authorized activities, except that, upon a determination
by the secretary that sufficient unobligated funds are not available
in the trust fund to adequately fund any activity or activities under
this subparagraph, the secretary may elect to disburse available
moneys to partially fund such activity or activities, or to withhold
funding for such activity or activities.

(c) However, after January 1, 1989, funds used as provided in
this section shall be expended for water supply systems or filters
for contaminated potable water wells only as follows:

1. Persons with contaminated potable water wells that were
permitted and constructed after January 1, 1989, in accordance with
standards adopted pursuant to s. 373.309 shall be eligible for:

a. Subsidies for connecting to existing water supply systems or
extensions thereof, provided that no such subsidy shall exceed the
present worth of the 10-year cost of providing and maintaining
filters for the residents served by the connections; or

b. Filters and filter maintenance to provide treatment for water
from contaminated wells sufficient to assure its potability.
However, no filter shall be provided for a potable water well
designed to provide water to a household that is part of a
subdivision or development of a size that would, according to the
department, be more effectively served by a water supply system, if
such subdivision or development received its development order after
January 1, 1989.

2. Subsidies to persons developing new water supply systems to be
permitted and constructed after January 1, 1989, in accordance with
standards adopted pursuant to s. 373.309(5) because of actual or
potential contamination of potable water wells, provided that no such
subsidy shall exceed one-half of the present worth of the 10-year
cost of providing and maintaining filters for the residents to be
served by said system.

3. The most cost-effective remedy, as determined by the
department, for wells drilled prior to January 1, 1989.

Section 5. Section 373.309, Florida Statutes, is amended to read:

373.309 Authority to adopt rules, regulations, and procedures.--
The department shall adopt, and may from time to time amend, rules
and regulations governing the location, construction, repair, and
abandonment of water wells and shall be responsible for the
administration of this part. With respect thereto, it shall:

(1) Enforce the provisions of this part and any rules and
regulations adopted pursuant thereto.


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(2) Delegate, by interagency agreement adopted pursuant to s.
373.046 at--its--diseretie, to water management districts, the
Department of Health and Rehabilitative Services, or any other
political subdivision any of its authority under this part in the
administration of the rules and regulations adopted hereunder under
such terms and conditions as may be agreed upon, and may rescind such
delegation upon a determination that the program is not being
adequately administered.
(3) Establish procedures and forms for the submission, review,
approval, and rejection of applications, notifications, and reports
required under this part.
(4) Require at its discretion the making and filing of logs, and
the saving of cuttings and cores, which shall be delivered to the
department.

(5) To encourage prevention of potable water well contamination
and promote cost-effective remediation of contaminated potable water
supplies by use of the Water Quality Assurance Trust Fund as provided
in s. 376.307(4)(b)3. and (c), the department shall establish by
rule:
(a) Delineation of areas of groundwater contamination for
implementation of well location and construction, testing, and
permitting requirements as set forth in paragraphs (b), (c), and (d).
The department shall make available to water management districts,
regional planning councils, the Department of Health and
Rehabilitative Services, and county building and zoning departments,
maps or other information on areas of contamination including
ethylene dibromide contamination. Such maps or other information
shall be made available to property owners, realtors, real estate
associations, property appraisers, and other interested persons upon
request and upon payment of appropriate costs.
(b) Requirements for testing for suspected contamination in areas
of known contamination, as a prerequisite for use of a water well for
drinking purposes.
(c) Location and construction standards for public and all other
potable water wells permitted in areas of contamination. Such
standards shall be designed to minimize the effects of such
contamination.
(d) A procedure for permitting all potable water wells in areas
of known contamination. The department shall delegate this
permitting responsibility to the greatest extent possible to water
management districts, the Department of Health and Rehabilitative
Services, or other political subdivisions. If contaminants are found
upn testing pursuant to paragraph (b), no well shall be permitted or
cleared for use nor shall a certificate of occupancy be issued or
approved for the residences to be served without a filter or other
means of preventing the users of such wells from being exposed to
deleterious amounts of contaminants.
(e) Fees to be paid for application for well permits. The fees
shall be based on the actual costs incurred by the water management
districts, the Department of Health and Rehabilitative Services, or
other political subdivisions in carrying out the responsibilities
related to potable water well permitting and shal be based o
department estimates or estimates provided by the delegated entities
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CHAPTER 88-393


CHAPTER 88-393


LAWS OF FLORIDA


















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of the revenue required to implement this part. The fees shall be
set according to the following schedule:

1. The permit fee for any single-family residence shall not
exceed $100.

2. The permit fee for any community, noncommunity, or other
public system shall not exceed $500.


All fees and funds collected by each delegated entity pursuant to
this part shall be deposited in the appropriate operating account of
that entity.

(f) Notwithstanding ss. 373.219 and 373.326 or any other
provision of this chapter or rule adopted pursuant to this chapter,
in any area identified by department rule pursuant to paragraph (a)
as an area of groundwater contamination, the department may by rule
require a permit to construct or use any well which is or may be used
as a source of drinking water.


Rules adopted pursuant to subsection (5) shall specifically provide
for uniformity in permitting of potable water wells in areas of
groundwater contamination and shall be adopted by each delegated
party.

6f615t Issue such additional regulations and take such other
actions as may be necessary to carry out the provisions of this part.

Section 6. Section 403.7223, Florida Statutes, is created to
read:

403.7223 Waste elimination and reduction assistance program.--

(1) The Legislature finds that the reduction of the volume and
toxicity of hazardous waste generated in the state is the most
environmentally, economically, and technically efficient method of
protecting the public health and the environment from the improper
management of hazardous waste.

(2) The department shall establish a waste reduction and
elimination assistance program designed to assist all persons in
reducing the amount and toxicity of the hazardous waste generated in
the state to the maximum extent possible. The waste reduction
assistance program may include, but not be limited to:

a) The establishment of a waste reduction clearinghouse of all
available information concerning waste reduction, waste minimization,
recycling programs, economic and energy savings, and production and
environmental improvements;

(b) Assistance in transferring information concerning waste
reduction technologies through workshops, conferences, and handbooks;

(c) Cooperation with university programs to develop waste
reduction curricula and training;

(d) Onsite technical assistance for hazardous waste generators;
and

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