Florida Regulations 40E-3.451: Emergency Authorization
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(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 Fl. Admin. Code Chapter 40E-2, 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 Fl. Admin. Code R. 40E-3.101, along with any other requested information within twenty-four hours after making oral application.
Rulemaking Authority 373.044, 373.119, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History-New 1-1-85, Amended 7-2-98, 3-16-05, 7-14-14, 6-8-15.
Terms Used In Florida Regulations 40E-3.451
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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 Fl. Admin. Code Chapter 40E-2, 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 Fl. Admin. Code R. 40E-3.101, along with any other requested information within twenty-four hours after making oral application.
Rulemaking Authority 373.044, 373.119, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History-New 1-1-85, Amended 7-2-98, 3-16-05, 7-14-14, 6-8-15.