Title: Water Resources: Ch 373
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 Material Information
Title: Water Resources: Ch 373
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Water Resources: Ch 373
General Note: Box 11, Folder 3 ( Final Report: Environmental Efficiency Study Commission - 1987-88 ), Item 51
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002842
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text









F.S. 195


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h. 373


(c) The abandonment of any water well.
However, in any area where undue hardship might arise
by reason of such requirement, prior permission will not
be required.
(2) The department shall be notified of any of the fol-
lowing whenever prior permission is not required:
(a) The construction of any water well;
(b) The repair of any water well; or
(c) The abandonment of any water well.
I1llm.--. 4. pi r d 72 20
373.314 Citation of la.-ln addition to any other
provisions within this part or any rules promulgated
hereunder, the permitting agency hall, when request-
ing information for a permit application pursuant to this
part or such rules promulgated hereunder, cite a specif-
ic rule. If a request for information cannot be accompa-
nied by a rule citation, failure to provide such information
cannot be grounds to deny a permit.
H..uy.- 8ch. 79161
373.316 Existing stallation.-No well in exist-
ence on the effective date of this part shall be required
to conform to the provisions of s. 373.313 or any rules
or regulations adopted pursuant thereto. However, any
well now or hereafter abandoned or repaired as defined
in this part shall be brought into compliance with the re-
quirements of this part and any applicable rules or regu-
lations with respect to abandonment of wells, and any
well which is determined by the department to be a haz-
ard to the ground water resources must comply with the
provisions of this part and applicable rules and regula-
tions within a reasonable time after notification of such
determination has been given.
Hwory.--s. .ch m 72 .
373319 kInspecons.-
(1) The department is authorized to inspect any wa-
ter well or abandoned water well. Duly authorized repre-
sentatives of the department may at reasonable times
enter upon and shaH be given access to any premises
for the purpose of such inspection.
(2) If upon the basis of such inspections the depart-
ment finds applicable laws, rules, or regulations have
not been complied with, it shall disapprove the wel. If
disapproved, no well shall thereafter be used until
brought into compliance with the rules and regulations
promulgated under this law.
lMtli.-- 8. prt ch n7-D. s 14. ch 7895
'373.323 Water wel contractor Icenses; driller and
drilHng eqtpamen megistratn.--
(1) WATER WELL CONTRACTOR LICENSES.-
(a) Every person who wishes to engage in business
as a water well contractor shall obtain from the water
management district a license to conduct such busi
ness.
(b) The department may adopt and from time to time
amend rules and regulations governing applications for
water well contractor licenses The water management
district shall license as a water well contractor any per-
son property making application therefore who is an adult
for all legal purposes, has knowledge of rules and regu-
lations adopted under this part, and has had not less


WATER RESOURCES


than 2 years' experience in the work for which he is ap-
plying for a license. The department shall prepare an ex-
amination which each such applicant must pass in order
to qualify for such license.
(c) A political subdivision engaged in well drilling
shall be licensed under this part but shall be exempt
from paying the license fees for the drilling done by reg-
ular employees of, and with equipment owned by, it.
(d) Licenses issued pursuant to this section are not
transferable and shall expire on July 1 of each year. A
license may be renewed without examination for an en-
suing year by making application not later than 30 days
after the expiration date and paying the applicable fee.
Such application shall have the effect of extending the
validity of the current license until a new license is re-
ceived or the applicant is notified by the department
that it has refused to renew his license. After July 31 of
each year, a license wil be renewed only upon applica-
tion and payment of the applicable fee plus a penalty of
$50.
(e) Whenever the department or water management
district determines that the holder of any license issued
pursuant to this section has violated any provision of this
part or any rule or regulation adopted pursuant thereto,
the department or water management district is author-
ized to suspend or revoke any such license. Any order
issued pursuant to this subsection shall become effec-
tive 30 days after service thereof unless a written peti-
tion requesting hearing under the procedure provided in
chapter 120 is filed sooner.
(f) No application for a license issued pursuant to
this section may be made within 1 year after revocation
thereof.
(g) No later than October 1. 1984, the department
shall delegate to the water management districts the
powers and duties relating to processing and issuing
water well contractor licenses. A license issued by any
water management district shall be valid anywhere in
the state.
(2) DRILLER AND DRILLING EQUIPMENT REGIS-
TRATION.-
(a) Every person who operates drilling equipment for
the purpose of constructing wells shall register with
each water management district in which construction
activity takes place. The governing board shall, as mini-
mum conditions of such registration, require:
1. A written recommendation from a licensed water
well contractor verifying the status of the driller as an
employee of the contractor.
2. Demonstration of sufficient experience and prac-
tical knowledge needed to operate drilling equipment of
the type to be used in actual well construction
3. A written examination considered appropriate by
the board and designed to verify the driller's knowledge
of commonly accepted drilling practices and applicable
rules of the district and the department.
(b) It is the responsibility of each licensed water well
contractor to annually notify the governing board of the
district in which he resides or in which his principal place
of business is located of all registered drillers n his em-
ploy. In addition, each licensed contractor shall notify
the board in a timely manner if a registered driller ceases
to be an employee.





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WATER RESOURCES


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(c) Each licensed water well contractor shaH register
with the governing board each piece of drilling equip-
ment he owns, leases, or operates. Upon registration of
the equipment, the water well contractor's license num-
ber shall be prominently displayed thereon.
Ilo y.-s 7. paI h. c 72-29. a 114, ch. 77-104. s 14. ch 78 95. 77. h.
83-310; 1, ch. 64,94
'Nole.-Reedled effective Octobe 1968. by, 1. ch 84.94. and scheduled fr
eview pursuant to a 11.61 n advance of that dat

'373.326 Exemptions.-
(1) When the department finds that compliance with
all requirements of this part would result in undue hard-
ship, an exemption from any one or more such require-
ments may be granted by the department to the extent
necessary to ameliorate such undue hardship and to the
extent such exemption can be granted without impair-
ing the intent and purpose of this part.
(2) Nothing in this part shall prevent a person who
has not obtained a license pursuant to s. 373.323 from
constructing a well that is 2 inches or under in diameter,
on his own or leased property, intended for use only in
a single family house which is his residence, or intended
for use only for farming purposes on his farm, and when
the waters to be produced are not intended for use by
the public or any residence other than his own. Such
persons shall comply with all rules and regulations as to
construction of wells adopted under this part.
muMy.-- 6. part B Cl 72299. a I. ch 844-9
'No.-Rpealed elecvre October 1,986. by 1. ch 84-94. and scheduled for
revw puriuanm to a 1161 an advIce of that dle

'373.329 Fees.-The following fees are required:
(1) A fee of $100 shall accompany each new applica-
tion for a license required under s. 373 323.
(2) A fee of $25 shall accompany each application
for a renewal of license under s 373.323.
HIIry.-s 9. partl ch. 72-299 16. ch 7319 0:., ch. 8-4.
'Not.--Rapealed etaclme Octabaer 1. 98. by 1 h494. and scheduled for
review pisuanl tI 11 61 in advance of that dale

1373.333 Enforcement--
(1) Whenever the water management district has
reasonable grounds for believing that there has been a
violation of this part or any rule or regulation adopted
pursuant hereto, it shall give written notice to the person
alleged to be in violation. Such notice shall identify the
provision of this part or regulation issued hereunder al-.
leged to be violated and the facts alleged to constitute
such violation.
(2) Such notice shall be served in the manner re-
quired by law for the service of process upon a person
in a civil action or by registered United States mail to the
last known address of the person. Notice alleging a vio-
lation of a rule setting minimum standards for the loca-
tion, construction, repair, or abandonment of wells shall
be accompanied by an order of the water management
district requiring remedial action which, if taken within
the time specified in such order, will effect compliance
with the requirements of this part and regulations issued
hereunder. Such order shall become final unless a re-
quest for hearing as provided in chapter 120 is made
within 30 days from the date of service of such order.
isteor.-s. 10. part M. ch. 72299. s. 7. ch. 83310. 1. ch. 8494, a. 3. ch.
84-338; 2. ch. 84341.
W~Nt.-fRepealed effective October 1 190, by a 1, c. 84-94. and scheduled for
review pursuan to s. 11.61 in advance of that date


373.403 Definitons.-When appearing in this part
or in any rule, regulation, or order adopted pursuant
thereto, the following terms mean:
(1) 'Dam" means any artificial or natural barrier, with
appurtenant works, raised to obstruct or impound, or
which does obstruct or impound, any of the surface wa-
ters of the state.


'373.336 Penalties.-Any person who violates any
provision of this part or regulation or order issued here-
under shall, upon conviction, be guilty of a misdemeanor
of the second degree, punishable as provided in as.
775.082 and 775 083. Continuing violation after notice
thereof shall constitute a separate violation for each day
so continued.
etory.-I. 11. part ch. 72-299, 17, ch. 73-190; 1, ch 84-94.
'Nole.-Poealed effective Oclober 1, 198 by 1. ch 8494 and scheduled for.
Ihe w pulls. l t0 1161 in adva nc Io thal date

1373.339 Existing regulations preserved.-The en-
actment of this chapter shall not apply in any area where
water wells are regulated by a water regulatory district
pursuant to the authority of chapter 373 unless and until
the department shall modify or revoke such regulations
and provide that such area will thereafter be governed
by the provisions of this part."
Ie.my.-s 12. pan I. dc 72299. a 1. ch 8494.
'NW .-Repseald eective Octobr1. 19, bya 1. ch. 8494. and chduled for
revi puew uanl os 1161 m advance of that dte.

'373.342 Permits.-
(1) The governing board of any water regulatory dis-
trict which, pursuant to the authority of a 373.339 or pur-
suant to authority delegated to it by the department un-
der s. 373 308 or s. 373.309(2), regulates water wells
may in its discretion authorize its executive director to
issue permits for the construction, repair, or modification
of any water well.
(2) In granting authority to its executive director un-
der subsection (1), the governing board shall prescribe
those certain circumstances in which such a permit may
be issued.
HMu.-- 3. ch 79-160.. ch. c. -94
New.--Repealmd elected Oclobar 1. I. by a 1. ch. 94, and scheduled or
revi pureuant lo t 1161 in advance o thal dle

PART IV

MANAGEMENT AND STORAGE
OF SURFACE WATERS


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Ch. 373


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373.403
373.406
373.409
373.413
373.416
373.417
373.419
373.423
373.426
373.429
373.433
373.436
373.439
373.443


Definitions.
Exemptions.
Headgates, valves, and measuring devices.
Permits for construction or alteration.
Permits for maintenance or operation.
Citation of rule.
Completion report.
Inspection.
Abandonment.
Revocation and modification of permits.
Abatement.
Remedial measures.
Emergency measures.
Immunity from liability.


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