(1) The Board finds that in certain cases compliance with all the requirements of chapter 40C-3, F.A.C., may result in an undue hardship in the construction, repair or abandonment of wells.
    (2) An affected person may request a variance from specific requirements by making a written request to the District for a well prior to construction of the well which provides at least the following information:
    (a) Licensed contractor’s name and number unless exempted by Florida Statutes § 373.326(2);
    (b) The name and telephone number of property owner upon which the well is proposed to be constructed, repaired, or abandoned;
    (c) Well location including at a minimum section, township, range, map directions, and county;
    (d) Casing diameter and type proposed for the well;
    (e) Well use;
    (f) Specific criterion or standard from which the variance is being requested; and
    (g) Specific facts which demonstrate the undue hardship if the criterion or standard is applied without grant of variance.
    (3) The Executive Director or his designee shall grant the variance if the proposed alternative is in accordance with accepted public health and sanitary engineering practices required by statute or rule for water well construction, and will not adversely affect the water resource. The variance shall be the minimum necessary to ameliorate the hardship.
    (4) When issuing a variance, the Executive Director or his designee may impose other conditions as necessary to protect the resource consistent with part III, of chapter 373, F.S.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.326 FS. History-New 8-4-98.