Fla. Admin. Code Ann. R. 40A-3.041 - Permits Required
(1) Unless expressly
exempted by Statute or District rule, a permit must be obtained from the
District prior to construction, repair, or abandonment of a well and the well
must be constructed, repaired, or abandoned by a licensed water well
contractor. Any potable water well proposed within an area of ground water
contamination, as delineated by the Department, will be permitted as follows.
(a) The maps identified below, which are
incorporated herein by reference, effective 6-27-00, show surface areas
delineated by the Department as areas within which ground water contamination
is known to exist or which encompasses vulnerable areas or areas in which the
Department provides a subsidy for restoration or replacement of contaminated
drinking water supplies. Each map listed contains a month and year which
corresponds to the date the Department prepared the most recent map showing any
portion of a delineated area. Copies of these maps can be obtained from
District offices upon request.
1.
ESCAMBIA COUNTY:
Cantonment 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09455;
Pensacola 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09485;
Seminole (AL) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09486;
West Pensacola 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09456.
2.
JACKSON COUNTY:
Alford 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09457;
Bascom 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09458;
Campbellton 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09459;
Cottondale East 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09483;
Cottondale West 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09484;
Cypress 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09460;
Dellwood 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09461;
Fairchild (GA) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09462;
Graceville 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09463;
Kynesville 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09464;
Malone 11/94, https://www.flrules.org/Gateway/reference.asp?No=Ref-09465;
Marianna 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09466;
Oakdale 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09467;
Grangeburg (AL) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09468;
Saffold (AL) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09469;
Sills 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09470;
Sneads 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09471;
Steam Mill (GA) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09472.
3.
LEON COUNTY:
Tallahassee 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09473.
4.
SANTA ROSA COUNTY:
Milton South 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09474;
Pace 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09475.
(b) Well Construction Requirements:
1. New potable water wells shall comply with
the minimum construction standards contained in Chapter 40A-3, F.A.C., and
additional requirements assigned by the permitting authority relative to depth
restrictions, location of screened or open hole interval, and length of casing
where warranted by local specific information.
2. Methods of constructing new potable water
wells shall be limited to rotary drilling, boring, or other method
specificallly approved by the permitting authority which meets the water well
construction criteria in this chapter and as required below:
a. Well casing and liner pipe shall be new,
free of breaks, corrosion and dents, straight and true, and not out of round.
Welded or seamless black or galvanized steel pipe or casing, or stainless steel
pipe or casing, or approved types of nonmetallic pipe shall be used for well
casing or liner pipe.
b.
Solvent-bonded couplings shall be prohibited in areas with known ground water
contamination which includes solvent components.
c. To prevent the interchange of water and
loss of artesian pressure, contaminated, unconfined ground water intervals
shall be sealed off prior to drilling through the underlying confining
interval. Uncontaminated, unconfined ground water intervals shall be sealed off
or otherwise protected prior to drilling into deeper, contaminated ground
waters.
d. For any well casing
installed in a bore hole with an annular space around the casing, the annular
space shall be filled from bottom to top with not less than a nominal two inch
thickness of neat cement grout.
e.
A concrete pad measuring three feet by three feet by four inches shall be
constructed around the elevated portion of the casing so that the casing is
centered in the pad to prevent soil erosion and seepage of surface
contamination into the annular space.
f. A minimum elevation of one foot of casing
above land surface shall be required.
g. A raw water tap shall be provided to allow
sampling of the well before exposure to storage or treatment.
h. The well casing shall be visibly and
permanently marked above the land surface with the latitude and longitude and
the permit number issued by the permitting authority for that well.
i. To the extent practical, potable water
wells shall be located outside any delineated area identified in paragraph
40A-3.041(1)(a),
F.A.C.
j. Where the source of
contamination and the direction of ground water flow are known, in a delineated
area identified in paragraph
40A-3.041(1)(a),
F.A.C., to the extent practical, potable water wells shall be located
upgradient of the source.
k. New
potable water wells shall be located on ground least subject to
inundation.
l. Any new potable
water well constructed within a delineated area that does not meet the
construction standards of this section shall be abandoned and plugged in
accordance with Rule 40A-3.531, F.A.C., and
applicable water mangement district rules.
3. New potable water wells shall be tested by
the Department or other delegated authority using methods as specified by the
Department in accordance with Section
373.309, F.S., for the presence
in the untreated water of the ground water contamination which resulted in the
delineation. The Department shall accept only test results obtained from water
samples collected and analyzed by the Department of Health. The well
construction permit applicant shall be responsible for the cost of sample
collection, shipping, and analysis.
a. If no
ground water contamination is found upon testing of a new potable well in a
delineated area, the Department of Health shall be responsible for the issuance
of a letter of clearance to the well construction permit applicant.
b. If ground water contamination is found
upon testing or other ground water contamination is found, a well shall not be
cleared for use without a demonstration, through water quality testing, that a
filter or other permament remedy prevents the users of the well from being
exposed through ingestion, inhalation, or dermal absorption, as appropriate for
a contaminant, to ground water contamination.
4. Exemption from the requirements for
construction of wells in delinated areas shall be granted to an applicant by
the District or the permitting authority upon demonstration using
hydrogeological, water quality, and other pertinent information that the
exemption will not result in the impairment of the intent and purpose of this
chapter. Detailed requirements for each exemption shall be negotiated between
the permit applicant and the permitting authority on a case by case
basis.
(c) Permit
Requirements:
1. A construction or
modification permit shall be obtained pursuant to Rule
40A-3.041, F.A.C., for all new
potable wells prior to installation or conversion. Applicants shall submit a
proposed well design with the completed application, and the permit fee, to the
District. In addition to the general requirements of this chapter, the permit
shall address the following requirements through special conditions:
a. Well construction including method of
construction, depth, location of cased and screened intervals, casing material
and grouting.
b. Any special
cleaning requirements for casing or drilling equipment.
c. Water quality testing.
d. Unique well identifiers where
needed.
2. Permitting and
construction of new potable water wells, except for a well to be used for a
public water system, are prohibited in delineated areas where a distribution
line of an available potable water system is within 500 feet of the boundary of
the property for which a well construction permit is being sought. Such
prohibition applies unless the property owner or applicant obtains
documentation from the public water system or the Department's Water Supply
Restoration and Replacement Program, and submits such documentation to the
permitting entity, which demonstrates either of the following:
a. That economic factors caused by physical
or legal impediments to construction to a distribution line prevent the
property owner or permit applicant from obtaining potable water through
connection to the distribution line; or
b. That necessary water distribution line
extension (excluding plumbing and meters) cannot be completed within 30 days of
application to the Department for water supply restoration or
replacement.
(d) Prohibited Acts:
1. It shall be a violation of Section
373.309, F.S., and this chapter
to construct, repair, convert from non-potable use, or abandon any potable
water well, or use for human consumption any well subject to permit under this
chapter without having obtained a permit pursuant to this section. This
prohibition shall apply to both the water well contractor and the well
owner.
2. It shall be a violation
of Section 373.309, F.S., and this chapter
to use for human consumption, after delineation, any water well subject to
permit under this section without having performed water quality testing
pursuant to subparagraph
40A-3.041(1)(b)
3., F.A.C.
3. It shall be a
violation of Section 373.309, F.S., and this chapter
to use for human consumption, after delineation, any water well subject to
permit under this section in which contaminants have been found without a
demonstration through water quality testing that a filter or other means of
preventing the users of such well from being exposed to ground water
contamination is effective.
(e) Penalties.
1. Any person who violates any provision of
this chapter pertaining to delineated areas, orders regarding delineated areas,
or permits issued in delineated areas under the authority of this chapter
shall, upon conviction, be guilty of a misdemeanor of the second degree,
punishable as provided in Sections
775.082 and
775.083, F.S. Continuing
violation after an order or conviction shall constitute a separate violation
for each day the violation occurs.
2. Any water well contractor who is in
violation of subparagraph
40A-3.041(1)(d)
1., F.A.C., shall, in addition to subparagraph
40A-3.041(1)(e)
1., F.A.C., also be subject to the penalty provisions in Chapter 62-531,
F.A.C., which is incorporated by reference in subsection
40A-3.037(1),
F.A.C., including the license suspension and revocation provisions contained
therein.
(2) A
permit to construct, repair, modify or abandon any water well meeting the
provisions of Chapter 373, Part III, F.S., and Chapter 40A-3, F.A.C., will be
issued by the Executive Director. However, if a permit request is considered
for denial or a written objection is filed to the issuance of a permit, or the
application is for the construction of an artificial recharge facility, then
the application shall be processed in accordance with the applicable provisions
of Rule 40A-1.203, F.A.C., and acted
upon by the District's Governing Board.
(3) Permit applications shall be filed with
the District on Department Form Number
62-532.900(1),
State of Florida Permit Application to Construct, Repair, Modify, or Abandon a
Well, hereby incorporated by reference, effective 10-7-10,
https://www.flrules.org/Gateway/reference.asp?No=Ref-09094,
and a copy can be obtained from District offices upon request. The required fee
shall be submitted with the permit application. Applications to construct an
artificial recharge facility shall be accompanied by a completed copy of the
Application to Construct/Operate/Abandon Class I, III, or V Injection Well
Systems, effective 6-24-97, Department Form Number
62-528.900(1),
F.A.C., hereby incorporated by reference, effective 6-24-97,
https://www.flrules.org/Gateway/reference.asp?No=Ref-09104,
and a copy can be obtained from District offices upon request.
(4) Permits for water use must be obtained
under the provisions of Chapter 40A-2, F.A.C. A well shall not be constructed
until an Individual water use permit is granted, if a water use permit is
required.
(5) Additional
information may be required such as: geophysical logs, geologic samples and
logs, a list of proposed construction methods, a description of proposed pump
tests, a list of well specifications, a description of the proposed water
quality monitoring systems, and a description of the proposed total monitoring
system.
(6) Receipt of the permit
will constitute permission to begin well construction, repair, or
abandonment.
(7) The District
permit for a public water supply well does not constitute approval of the
public water system. A separate application must be submitted to the Department
in accordance with subsection 62-555.102(2), F.A.C., to obtain a permit to
construct or alter a public water supply system.
(8) The permit shall be available at the site
of the well during construction, repair or abandonment.
(9) Any permittee who desires to change the
location of a well or otherwise amend a permit shall apply to the District for
an amendment. No charge shall be made to amend the permit. As a condition to
approving any amendment, the District may require remedial action to bring any
work accomplished under the original permit into compliance with provisions of
this chapter.
(10) A repair permit
is not necessary if remedial work is performed on a well before the expiration
date of the construction permit; however, an updated completion report should
be filed with the District if the well depth or casing depth is
increased.
(11) Permits will not be
granted after a water well has been constructed, repaired, or abandoned, except
in the case of subsection (12) below. As a condition to the enforcement action
taken, a contractor will be required to submit a permit application and
completion report for the District's records.
(12) A permit to abandon is required for any
well which was constructed and found unsuitable for use. If the contractor is
in the drilling process and needs to abandon, he may perform the work prior to
obtaining a permit; however, the permit must be obtained by telephone or in
person no later than 24 hours following the well abandonment. The hole must be
properly abandoned (plugged) according to the standards of subsection
40A-3.531(4),
F.A.C.
(13) If a well unsuitable
for use is abandoned (plugged), and the contractor plans to construct a new
well, he may use the construction permit granted for the first well, provided
that it has not expired.
(14)
Receipt of a permit from the District does not alleviate the responsibility of
the applicant to obtain other permits that may be necessary from local, state,
or federal agencies. If more stringent rules concerning construction standards
for water wells are promulgated by local permitting authorities, those
standards shall apply.
(15) A
permit to abandon a test well or test hole is required to be obtained by the
property owner, through a licensed water well contractor, within six (6) months
from the date of well construction permit issuance. However, if the test well
or test hole was constructed to permanent well standards and meets all
applicable setback requirements, the well may be converted to permanent well
status by obtaining an additional construction permit for the new permanent
well type. A new permit application fee must also be submitted in accordance
with the proposed permanent well type.
(16) A single permit may be obtained for the
construction, repair, or abandonment of the following multiple well systems
provided the wells have similar construction into the same geologic formation,
are completed in the same hydrogeologic unit, are located on contiguous
tract(s) of land for which the applicant demonstrates a legal right to
construct, repair or abandon a well(s), have individual total well depths equal
to or less than fifty (50) feet below land surface, have individual well
nominal casing with inner diameters equal to or less than four (4) inches, meet
the criteria in Rule 40A-3.301, F.A.C., and comply
with all applicable construction, location, casing and grouting requirements
set forth in Chapter 40A-3, F.A.C.:
(a) Up to
ten (10) monitor wells; or
(b) Up
to ten (10) site investigation wells. Site investigation wells shall be
abandoned under a separate permit no later than 90 days after construction is
completed.
Notes
Rulemaking Authority 373.044, 373.113, 373.171, 373.337 FS. Law Implemented 373.106, 373.109, 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.337, 373.342, FS.
New 4-14-80, Amended 4-13-81, 2-1-82, 10-7-82, 3-29-84, 1-9-86, Formerly 16G-3.04, 16G-3.11, Amended 8-1-89, 12-1-90, 2-14-91, 11-1-95, 7-1-98, 8-15-18, 5-20-20.
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