Fla. Admin. Code Ann. R. 40E-3.451 - Emergency Authorization

(1) Emergency water well construction permits shall be issued by the Executive Director or their designee when one of the following conditions exist which justifies the issuance:

(a) An existing well supplying a particular use has failed and must be immediately replaced;

(b) The health, safety, or general welfare of the people affected by said emergency would be jeopardized without such authorization;

(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources; or

(d) A serious set of unforeseen circumstances occurs which creates the emergency.

(2) Emergency permits may be applied for and issued orally. Mere carelessness or lack of planning on the part of the applicant, contractor or driller will not constitute sufficient cause for the issuance of an emergency permit. If Chapter 40E-2, F.A.C., also applies to the well, an emergency permit may be issued only if, in addition to qualifying under subsection (1) above, an application for a consumptive use permit has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the consumptive use permit.

(3) The applicant for an emergency permit shall submit the application and fee in accordance with Rule 40E-3.101, F.A.C., along with any other requested information within twenty-four hours after making oral application.

Notes

Fla. Admin. Code Ann. R. 40E-3.451

Rulemaking Authority 373.044, 373.119, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS.

New 1-1-85, Amended 7-2-98, 3-16-05, Amended by Florida Register Volume 40, Number 127, July 1, 2014 effective 7/14/2014, Amended by Florida Register Volume 41, Number 101, May 26, 2015 effective 6/8/2015.

New 1-1-85, Amended 7-2-98, 3-16-05, 7-14-14, 6-8-15.