Title: Rules and Regulations of SWFWMD(R) 16CC - 1.01 through 1.06
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00050920/00001
 Material Information
Title: Rules and Regulations of SWFWMD(R) 16CC - 1.01 through 1.06
Alternate Title: Rules and Regulations of SWFWMD(R) 16CC - 1.01 through 1.06: Purposes and Definitions, Registration of Well Drilling, Construction of Wells, Inventory, Civil Action for Damages, and Penal Provisions.
Physical Description: 9p.
Language: English
Publication Date: Nov. 16, 1970
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 102
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050920
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



16CC-1. 01 Purposes and Definitions
16CC-1. 02 Registration of Well Drillers m c:
16CC-1.03 Construction of Wells 3
16CC-1. 04 Inventory n -- I=
16CC-1. 05 Civil Action for Damages > X
16CC-1. 06 Penal Provisions r^ -

16CC-1. 01 Purposes and Definitions --

(1) Purposes -- The purposes of these rules and regulations are to implement the

declared water policy of Southwest Florida Water Management District (Regulatory)

and the State of Florida by effecting the maximum beneficial utilization, develop-

r" ment and conservation of the water resources of the Regulatory District in the best

interest of all its people and to prevent the depletion, deterioration, waste, and

unreasonable use of said resources. Pursuant to these purposes, rules and regu-

lations are hereby established to carry out the intents and purposes of Chapter 373,

Florida Statutes.

(2) Definitions -- The words and phrases defined in sections 373. 021 and 373. 081,

Florida Statutes, shall have the same meanings when used in these rules and regu-

lations. The following words and phrases, when used in these rules and regulations

shall have the following meanings, except where the context clearly indicates a

different meaning.

(a) Well -- Any artificial hole in the ground penetrating an aquifer on

submerged or unsubmerged land, having a diameter of not less than

two (2) inches, but not more than one hundred twenty (120) inches, and

including, but not limited to, water-table wells, artesian wells, core

boring holes, seismic holes, and stratigraphic test holes.

(b) Well Driller -- Any person who constructs, alters or repairs wells.,

(c) Well Construction -- The producing of any well, including the con-

struction, alteration, or repair thereof.

(d) Gang Well -- A system where two or more wells are coupled to- ...;

". gether with a common header or manifold. ,: .

;" ;(e) Regulatory District -- The Southwest Florida Water Management "
*: District (Regulatory) established by Southwest Florida Water Manage- ,

,~' ~ment District Resolution No. 268 pursuant to Chapter 373, Florida ..

Statutes, and the area of said district, being coextensive wit the ar"ea ":":

:icl i".. '" "" 'i "" ' '
',, ,.. .. ..% , @

of the Southwest Fx 'ida Water Management DistriL, as prescribed by

Chapter 61-691, Laws of Florida, as amended by Chapters 63-659 and

63-849, Laws of Florida.

(f) Regulatory Board -- The governing board of the Regulatory Dis- ",

trict and its duly designated executive officers, employees and agents.

(g) Drilling Contractor -- Any person, firm or corporation engaged

in the business of constructing, altering or repairing wells.

(h) Aquifer -- An aquifer is a hydrologic unit which consists of a

geologic formation, a related group of formations, or only a part of

a formation, which is saturated with water and capable of transmitting

usable quantities of water to wells or springs.

General Authority 373, Florida Statutes; Law Implemented 373.072, 373.081, 373.101,

373.141, 373.142, 373.144, 373.151, 373.171, Florida Statutes

16CC-1. 02 Registration of Well Drillers --

(1) Registration Requirements -- Every person who constructs any well in the Regu-

latory District shall be registered as a well driller and shall be the holder of a valid

current registration certificate.

(2) Special and General Certificates -- The Regulatory Board may issue special and

general certificates of registration.

(3) General Certificates -- General certificates of registration shall be issued annu-

ally and shall expire at midnight on June 30th each year. Such certificates shall be

valid throughout the Regulatory District and shall include all approved well construc-

tion operations.

(4) Qualifications of Applicants for General Certificate as Well Drillers --

f' (a) Any person is qualified to receive a general certificate of m

registration: _o ---

(1) Who is at least 18 years of age; ^o 17 '

(2) Who is of good moral character; < ;c
*4 ..-3
(3) Who has had a minimum of two (2) years experience in welt^ c= ,;i

construction as a well driller or helper, or who demonstrates .

satisfactorily his practical knowledge and capability in actual : ,

.,,- well construction operations; and,

(4) Who has passed a satisfactory examination conducted by the. v".:.:::

....Regulatory Board to determine his fitness to be engaged in well ,; .

c c construction.

'.. : (b) Applications for general certificates shall be submitted in writing
? on forms provided by the Regulatory Board., : ,
"*' :' .. :" o ", \;' .:.,. ,.. .* .. "' / ./ ,^ N ^

S(c) Any person who is at least 18 years of age and of good moral cha.r-

acter and who has been actively and continuously engaged in well construc-

tion operations for five years immediately prior to making application

shall be qualified to receive a general certificate of registration without

meeting the requirements prescribed in subsection (a), hereof; provided

that application is submitted to the District prior to October 1, 1970.

Such application shall be in writing on forms to be provided by the Regu-

latory Board and shall include a sworn statement by the applicant as to

his experience and background.

(5) Issuing General Certificates -- When an application for a general certificate of

registration has been approved by the Regulatory Board, the applicant shall be noti-

fied in writing after which he shall have thirty (30) days in which to give a bond to

be approved by the board in the sum of five thousand dollars ($5000), conditioned

upon compliance with the provisions of laws of this state, the rules and regulations

prescribed herein, and the orders adopted or issued pursuant thereto for the protec-

tion of the water resources of the Regulatory District, payable to the Regulatory

District and its successors, with some reputable bonding corporation authorized to

do business in this state as surety, and such certificate of registration will forth-

with be issued by the board. Such bond shall be maintained as a condition to the

continued validity of the registration certificate.

(6) Special Certificates -- Special certificates of registration may be issued for

limited periods of time of not more than one (1) year as stated in the certificate.

Such certificate shall only be valid for specific well construction operations. The

Rgculato-ry Board may prescribe such restrictions and shall require such qualifi-
cations and bond as it deems proper for each special certificate, 0 sac "

(a) Apprentice driller registration certifications may be issued --
---4 03 ~ ~ rb~
after October 1 1 ?70 upon the recommendation of a drilling con- , j. T /

tractor and with the concurrence of the Chief Hydrologist. Appren~aX *

tice driller re-istration enables persons Io gain the experience an$ S ;

skills needed to qualify as a driller. .... .

S{7) Address of Registrants -- Each well d.riller having a certificate of registration :.. ..

sha.. keep the Regulatory Board advised o" the cUrrent address of his residence '

,, : ,n, ad otf his business, .. '. .... '

S.. () Keeping C.crtificate oan Registrant's Per so: -- Each well dri.ller shall keep I his .

rrertifii'cate of registr.ation oar his person a. all times when he is engaged ka aa" n,.'w.ll ,

,. nitrP ctii.C8ie s a -d sh l 'diplay ssrje ,i ni reqs t' .' l ,

'., .., ; .:../ -;. ,: : ,, . . ,, .,'. ... . , .. ', t,,. . /,, .,.

.(9) Individual Identificat. ,n Numbers Identification nu..oers shall be assigned

to each well driller receiving a certificate of registration. Such numbers will re-

main the same continuously from year to year so long as the registrant maintains

S a valid current certificate and said numbers shall not be transferable.

(10) Firm Identification Numbers -- Firms, partnerships, corporations or other

business associations having more than one registered well driller associated

S therewith shall apply for and may be granted a firm identification number to be

used in connection with all its well construction operations.

(11) Firm Records -- Each business association holding a firm identification num-

ber shall keep accurate records and shall make such records available for inspection

by the Regulatory Board at any reasonable time. These records shall list all well

construction operations engaged in, together with the name and individual identifica-

tion number of the registered well driller supervising such work.

(12) Marking Vehicles and Equipment -- The identification number of the well driller

or of his firm shall be prominently displayed on each side of every vehicle and well

drilling rig used in connection with all well construction operations and shall remain

so displayed at all times such equipment is under control of or available for use by

such well drillers. All numbers and figures shall be not less than two (2) inches high.

A decalcomania to be issued by the Regulatory Board indicating current, valid certi-

fications shall be displayed adjacent to each identification number and shall not be


(13) Supervision of Well Construction -- All well construction operations shall be

performed under the direct and personal supervision and in the presence of a regis-

tered well driller.

S(14) Ground for Refusal, Suspension or Revocation of Certificate of Registration--

The Regulatory Board 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. S -

(b) Failure to have or retain the qualifications required herein. o f \) 1") ,

(c) Willful disregard or violation of any rule or regulation promut' o ,

gated herein by the Regulatory Board. *-

(d) Willfully aiding or abetting another in the violation of this article; *"*

S.. .or any rule or regulation promulgated by the Regulatory Board pur-

S" suant thereto :- ... .. -

: ( ", (e) Gross incompetency in the performance of the work of a well- ;.

S.... driller or drilling contractor. : ;. :.! ". "

~~~~~~~~~ ~~~~~ .~ .... ,....-,.;. ,,.
... ..-. .. .. .. .., .. .. "" ,. "; .' L k *: -",. .' e;- -

(f) Allowing the use of his registration certificate by a person who

does not hold a valid certificate of registration.

(g) Failure to apply for registration prior to beginning drilling opera-
." tions within the District.

(15) Institution of Proceedings to Suspend or Revoke Certificate of Registration--

Proceedings may be instituted by any member or employee of the Regulatory Board

or by any other party by filing a sworn written complaint with the Regulatory Board

on forms provided by it.

(16) Suspension or Revocation -- The Regulatory Board may, upon investigation,

suspend a certificate of registration and, after notice and hearing, may extend such

suspension or revoke the certificate of registration. The provisions of Iart If
-- ^ --N
Chapter 120, Florida Statutes, shall apply. rn- -t Ia

General Authority 373, Florida Statutes; Law Implemented 373.072, 373.0. _.1P1,
-, = C: r
373.142, 373.144, 373.151, 373.171, Florida Statutes C.41 i

16CC-1. 03 Construction of Wells -- rn C=

(1) Policy --It shall be the policy of the Regulatory Board to ascertain that all wells

within the Regulatory District are located, constructed, maintained and used so as

to protect the water resources within said District in accordance with the purposes

of these rules and regulations as set forth in subsection 1. 01(1) hereof.

(2) Construction Methods -- Wells may be constructed by drilling, coring, boring,

washing, jetting, driving or digging but must be so constructed, cased, cemented,

plugged, capped or sealed as to prevent permanently 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, or to become contaminated

by poor quality water or other substance from either surface or underground sources.

(3) Permit Required -- A permit shall be obtained from the Regulatory Board be-

fore any well shall be constructed, repaired, modified or otherwise altered. Such

permit shall be prominently displayed at the site of the well prior to beginning any

work thereon and shall remain so displayed until construction is completed. : .

(4) Gang Well Permits -- Notwithstanding definition of a well as set forth in sub- ,

paragraph 1. 01(2)(a) herein, no gang well shall be constructed without a permit, "'.
". regardless of the size or depth of the individual wells comprising such, gang well,

? for the purpose of procuring or obtaining water other than for temporary dewatering.. :

(5) Application for Permit -- A written application shall be made to the Regulatory :::
} \^ 'Board on forms provided by it and shall be signed by the registered drilling con- ,.i:
... T. tractor who will perform the work. "Such application shall include the name and -

v^ : 1::^^,''. ;,.'-;^ : ,r l^ ^ j: :.:xl

' ..... .: : *: : i : . i .:

"address of the owner or owner person in possession of the property, the nahtme and

identification number of the well driller, the location of the work and the specifi- : ,

cations for the well.construction, for example type of well construction proposed,
the sizye of the well and the method of construction to be employed.,

(6) Permission to Inspect -- The application shall also include a signed statement

granting permission by the owner or other person in possession for the Regulatory

Board, its employees or agents, to go upon. the premises at any reasonable time to

inspect the well, its location, construction and operation.

(7) Specifications -- The specifications for well construction as set forth in the

written application, if approved, shall be contained in the permit issued by the

Regulatory Board and well construction shall be performed in accordance with such

specifications. Any deviation therefrom shall only be made upon written permis-

sion of the Regulatory PBoard.

(8) Duration of Permits -- Each permit shall be consecutively numbered, shall be

dated and shall be valid for a period of six (6) months, unless the time limit is

extended by the Regulatory Board and a supplemental permit issued.

(9) Construction Logs and Reports --

(a) Well drillers shall keep a log on a form provided by the Regu-

latory Board of all well construction activities performed under each

permit and shall file with the Regulatory Board such log together Cvth =

report within thirty (30) days of the completion or cessation of th:' .

work authorized by the permit. If no work is performed, a reporter a T']
-<-I ""r7 C- I
shall be filed within thirty (30) days of the expiration of the permit f 7

stating that no well construction operations were performed under ie :


(b) Such logs shall be available for inspection at the site of well con-

struction during all times when actual well construction activities are

being performed, "'

(c) The Regulatory Board may also require that samples be taken and

furnished to it within thirty (30) days after being taken. Containers

and instructions shall be provided by the Regulatory Board.

(10) Test Holes More than one (1) well may be constructed as test holes for one
S: owner using a single permit, subject to each of the following conditions:

(a) All such well construction shall be performed on a single con- .

--. : tiguous tract of land under the same ownership. '.,. :; .

(b) The pattern or layout of such test holes shall be approved by the
S.. "- ..Regulatory Boa rd.. .. :

s'" 1 '1 ;.] r. J'' ' ]" ' "] 1I I ] ] ['
.. '" i: :" : "' '" "" " : '"
ii t: : : ., .. -.. i ;. .... :., ':,; i ,',q .2 "
;, I~:::: II]_

(c) All rules and regulations for well construction shall be complied


.(d) No such test hole found to produce a desired amount of water may .

be converted to a production or observation well without first obtaining

a permit for doing so from the Regulatory Board,

(11) Notice of Rejection, Suspension or Revocation of Permit --

(a) The Regulatory Board shall issue a Notice of Rejection whenever

it determines that an application for a permit for well construction

fails to meet the requirements prescribed by Chapter 373, Florida

Statutes, or by these rules and regulations, or that such proposed well

construction would be contrary to the policy of this state or of the Regu-

latory Board as set forth in such laws or in such rules and regulations.

(b) Such Notice of Rejection shall:

r- (1) State the grounds for rejection, and may state any remedial

action, if any, which may be taken to make such application accept-

able for approval; and

(2) Be served in writing upon the persons signing the application

by registered or certified mail.

(c) Any applicant receiving a Notice of Rejection may obtain a hearing

before the Regulatory Board by filing within thirty (30) days of the mail-

ing of such Notice of Rejection a written petition requesting such hearing.

The provisions of Part II, Chapter 120, Florida Statutes, shall apply.

(d) The Regulatory Board may, upon investigation, suspend a permit and,

after notice and hearing, may extend such suspension or may revoke the

permit.. The provisions of Part II, Chapter 120, Florida Statutes, shall

apply. Such suspension or revocation may be made on any one or more

of the following grounds:

(1) Material misstatement or misrepresentation in the applica- -!

tion for a permit, o m -- i

(2) Failure to comply with the provisions set forth in the per g -

(3) Willful disregard or violation of any rule or regulation pv i *

mulgated herein by the Regulatory Board. > :.

(4) Material change of circumstances or conditions existing at .. ,.

the time such permit was issued.
1" (12) Emergency Permits -- Emergency Permits may be issued by the Regulatory

Board when conditions exist which justify such issuance. Emergency Permits may .,

.^ ;; tf p "' ^ ;:,. .* "' '^ 1" ": ; ** ** ,.. ":;1: ', ^ *, ,, : *- *'.* '; '' ,' ; 'f ; A l; /^.^t A

... .; .. .. .......- 1 : :, / ,'

be applied for orally by t phone and the Regulatory Boa. .may issue an Emergency

Permit orally by telephone, however, a serious set of unforeseen or unforeseeable

circumstances must exist to create the emergency, not mere carelessness or lack

of planning on the part of the driller or requestor of the drilling. Misrepresenta-

tion of conditions leading to an Emergency Permit can void the permit and lead to

the loss of the driller's registration. Any oral Emergency Permit shall be verified

forthwith by telegram to the applicant, which telegram shall be prominently displayed

at the site of the well as soon as it is received by the applicant. The applicant for

an Emergency Permit shall further reduce his application to writing in accordance

with subsection 1. 03(5) within 24 hours after making oral application. The making

of an oral application for an Emergency Permit shall constitute permission to the

Regulatory Board to inspect well construction activities as otherwise provided for

in subsection 1. 03(6) hereof. Subsection 1. 03(9) shall apply to construction per-

formed under an Emergency Permit.

) (13) Exemptions -- ; R

(a) Exemptions -- No provision of subsection 1. 03(3) shall apply I

engineering bore holes, soil sampling test holes, or mineral pro-, f<. {

pecting holes which do not penetrate an aquifer. o =

(b) Exemptions -- No provision of these rules shall apply to indivdu'al.

users of water for domestic purposes or ordinary livestock consump-

tion; provided, however, the owner of any well exempt herein shall

obtain a permit of exemption prior to drilling.

General Authority 373, Florida Statutes; Law Implemented 373.072, 373.081, 373.101,

373.142, 373.144, 373.151, 373.171, Florida Statutes

,-'. 16CC-1. 04 Inventory --

(1) Purpose -- The Regulatory Board has determined the necessity for taking and

maintaining an accurate inventory of water resources and uses within the Regula-

tory District so that it takes all necessary and proper steps to effect the maximum

beneficial utilization, development and conservation of the water resources within

said district in the best interest of the public and to prevent waste, contamination ;

and unreasonable use of said resources.

(2) Area to be Inventoried -- An inventory will be made and maintained of all

wells constructed pursuant to permits issued by authority of these rules and regu- .: ..

\" nations. In addition, the Regulatory Board may take inventory of all other wells

Located within areas the Chief Hydrologist of the Regulatory Board determines to : :

S be seriously endangered from overdevelopment, salt-water intrusion, pollution :. ;

.'L -.' 1 8 -;

. :

(4) In all such ars tpo Regnltory Ba rd, it, rployoo an.d agrnt,

shall have the right t, impct al. w .lls, goint upon the. pr-mI .h whor<
WCHNO 9 Jit.

tlovld at; ^cy r< oneble tirme for mch purpose ;

(b) No person shall int(erf,:r with or prevent 1u,1h inlp.'tlion.

(`-_,norl A td.hority 373, Florida St.eaht m Lo w Jrrplctnwnted-r 373.072 373.081. 373J01,
7 ;081 3 7

_7Q 3.142, 373.144. 37 3.! l, 373.171, 1Flor1 d ;1.t.tt:

16CC-1.05 v Act o r n ..

frinr 0*lvil fiAction for 11,n1g(n ? i l ,ny wIII riller or OWnT or powsrur ofa

wvll wlh n w "ter is waI.cd 4] r c'ontlamir ttl, by improper well on;tru:ti.on or uo inc

vi, latio w of Chti 7 Flo, ri. Stltu.vI,, or of thon", rul( )17Id rlgilai..ons or of

,n3i nv ordtlvm .o |cq)k F< < ir Wiu rd jKtj 'i; til0 4 I f it, I horclt

(.'n.ri!l Authority y 7 I,', lorid. Stft!ut"- ; lI.,w InphlJ'me .te- i ., I' 1 thr>ough. and in.

,i(lu(i gL-'. 37 2.-tl l, loriila, Sti vitl t.

16CC- 1. 06 r P(l Prvision'. a

(1) Any person whlo viol,,t',.: .vny rl,. ,r r<.i-f'4l,1 0ions prc, -rit 'e h,,r -in or -i ny

to X, I ri dt4opted or 1snd jur. int (hrr i Sh.ll bx punished aI pr v ide l in Bs action

r4 L. 3-1 Floridt- 1 'tut<^. tl

Genetl Authoritv i7 lorid rl t ; I w in ) n d 7 through and in-(t.Icl -dI

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